Right Of Way and Easement Closing Instructions
To process the request in a timely manner, the following items must be provided.
Easement / Right-Of-Way Closing by Ordinance
- Complete the application providing all necessary information to process your request in a timely manner. Only complete applications, with all applicable fees paid, will be submitted for review.
- Provide all supporting documentation, recorded easements, right-of-way documents or agreements.
- A closing by ordinance requires a survey, meeting State of Oklahoma minimum survey standards. Surveys must be in City of Tulsa format. Closure surveys need to depict the closure request area.
- If the public way has been open for public use within the last five (5) years a certified 300’ radius owners report is required.
- If the easement or right-of-way was established by a filed instrument other than a platted subdivision, a copy of the filed instrument must be furnished.
- Additional information may be requested during this process.
- Fill out the application providing all necessary information to process your request in a timely manner. Only complete applications with all applicable fees paid will be submitted for review.
- Provide all supporting documentation, recorded easements documents, right-of-way documents or agreements.
- Provide a drawing showing the type of improvement together with construction specifications (when applicable).
- For encroachment agreements, a survey or drawing shall be submitted delineating the area to be occupied and provide all data pertinent to the property.
Return application, attachments and fees to:
2317 S. Jackson Ave, Room S-206
Tulsa, OK 74107
Right-of-Way or Easement Closing (each)
Commercial - $1000.00
Residential - $1000.00
Encroachment Agreement (each)
Commercial (per agreement) - $1000.00
Residential (per agreement) - $500.00
City of Tulsa Charter
ARTICLE VIII. - USE OF PUBLIC PROPERTY
- Section 1. - Public property inalienable.
- Section 13. - Permits.
City of Tulsa, Code of Ordinances
Title 11 – Public Works Department
CHAPTER 7. - CLOSING OF PUBLIC WAYS AND EASEMENTS
- Section 700. - Definitions.
- Close means a legislative act of the City discontinuing the public use of a public way or easement without affecting title to such real property.
- Public way means a street, avenue, boulevard, alley, lane or thoroughfare established or open for public use.
- Easement means a right in real property as established by the laws of the state of Oklahoma. (Ord. No. 17285)
- Section 701. - Application for closing easements or public ways.
- Section 702. - Processing applications.
- Section 703. - Reservation of rights upon closing.
- (Ord. No. 17285)
- Section 704. - Fees.
TITLE 49 – Administrative, Permit and License Fees
CHAPTER 16 – UTILITY COORDINATION FEES
- Section 1600 – Closures (ord. No. 24324)
- Section 1601 – License Agreements (ord. No 24324)
- Section 1602 – Construction Agreements (ord. No. 24324)
City Of Tulsa, Public Works Department
Guidelines On Issuance Of License Agreements For Private Use Of Public Ways And Publicly Owned Lands
SECTION 1.0 – DEFINITIONS
- Public Way means a street, avenue, boulevard, alley, lane or thoroughfare open for public use.
- Publicly Owned Land means property owned in fee simple title by the City of Tulsa.
- Landscaping means to make more attractive by adding lawns, bushes, flowers, etc.
- Structure means something built or constructed of a permanent nature (i.e. fence, sign, building, etc.).
- Improvement means a change that improves or adds aesthetic value.
SECTION 2.0 – APPLICATIONS FOR LICENSE AGREEMENT
All applications for private use of public ways or publicly owned lands shall be filed with the Director of Public Works on forms furnished by the Director, and the applicant shall furnish the following information at the time application is made:
- The owner of record of the contiguous or property adjoining the public way or publicly owned land;
- A plot, plan or other representative sketch or drawing depicting the proposed improvements, together with construction specifications (when applicable);
- A plat of survey depicting the distances, bearings and points showing the location and area to be covered by Agreement;
- A legal description of that portion of the public way to be covered by Agreement;
- The purpose for which the public way is required for use by the applicant; and
- Such additional information as may be determined by the Director to be necessary for evaluating the application.
SECTION 3.0 – CONSIDERATION GUIDELINES
All applications for License Agreement for Use of Public Ways will be reviewed on the following guidelines:
- Not adversely impact lands or area identified for future use by the City;
- Provides public value or benefit;
- Provides aesthetic value or improves visual environment (i.e. landscaping, irrigation/sprinkler system, sidewalk and/or street paving bricks, street furnishings);
- A hardship is created that cannot be otherwise addressed except by granting a license agreement;
- Does not create an unsafe condition;
- Does not obstruct or interfere with pedestrian movement or use of public way;
- Does not obstruct or interfere with public and/or private utilities reasonable use of public way to construct, operate, maintain, remove and/or replace its facilities;
- A building located at the property/right-of-way line (‘zero’ set back);
- Existing right-of-way width is in excess of minimum requirements set forth in the City of Tulsa Zoning Codes and Subdivision Regulations, unless deemed necessary due to utility conflicts or roadway conditions considering motorist and pedestrian safety;
- A hardship exists of a property not having reasonable or direct access to utility services (i.e. water, sanitary sewer, electric, communication, and/or gas). This guideline applies to the extension of private service lines;
- Conditions or provisions directed by the Tulsa Metropolitan Planning Commission, Board of Adjustment, or other board or authority of the City.
SECTION 4.0 – PROCESSING APPLICATIONS
Upon receipt of a properly completed application, the application for the license agreement shall be processed as set forth herein.
- The Director and/or designee shall give written notice of the pending application to all City departments who use the public ways or publicly owned lands and to all public utility companies who operate within the City and are entitled to the use of the public ways. Such notice shall require that all comments on the application shall be made in writing to the Director or designee within thirty (30) days from the date of the written notice;
- Within a reasonable period of time after the expiration of the thirty (30) day notice period, the Director or designee shall recommend to the governing body of the City action to be taken upon the application;
- Upon approval of any application, the City Attorney shall be directed to prepare a License Agreement for Use of Public Way to be presented to the governing body;
- Upon receipt of the report and recommendation of the Director, the governing body of the City may, without giving further notice to any third party, approve or deny, either in whole or in part, any application. Upon its approval, the Agreement will be filed in the office of the County Clerk.
SECTION 5.0 – CONDITIONS OF ISSUANCE OF LICENSE AGREEMENT
- The License Agreement is revocable by the City, with or without cause. In the event the City revokes a License Agreement, Licensee must restore the property to its pre-license condition.
- The City has the right to remove improvements to accommodate construction, repair or replacement of any City facilities without obligation to replace improvements or pay damages to Licensee.
- The Licensee agrees to indemnify and hold City harmless for injury or damages that may result from improvements.
- The License Agreement shall be filed and recorded in the land records office of the County Clerk.