City street will provide access to church property

Julie Yates

Pryor City Council accepted road and utility easements Tuesday after a controversial discussion with Jerry Epperly.

Epperly, chairman of the planning and zoning commission, addressed council with a request for the city to accept easements along South Fairland Street.

Epperly owns property on either side of South Fairland, which runs for over 200 feet between his tracts of land.

Epperly is in the process of selling approximately 3 1/4 acres on the east side of the street to First Church of God. The church owns 22 acres east of South Fairland, where they plan to build new facilities.

Epperly said the church wants access from the back side of the property. Entering the church property from South Fairland would allow members to come to church without pulling on and off the highway.

City code prescribes a 50-foot road and utility easement for city streets. Epperly assigned a 20-foot easement on the west tract and a 30-foot easement on the east side. Epperly said the east side of the road has existing utilities, which is why the east easement is larger.

A heated discussion ensued after Councilman Drew Stott questioned whether or not South Fairland is considered a street.

Epperly said the street department paved 220 feet of South Fairland in 1982. The property on both sides of the street was annexed into the city limits the same year.

Councilman Roy Ray said if property is taken into the city limits, the street is accepted too. Mayor Jimmy Tramel confirmed that unless the city specifically excludes it, a road is taken into the city along with annexed property.

Epperly said South Fairland lies in an area where it has been used for a street.

“I would contend that it is a street and has been used for a street,” Epperly said.

Councilman Drew Stott asked if approving the easement would open up a similar issue with every developer coming in to build homes.

“I would say no,” said City Attorney Randy Elliott.

Councilman Garry Harris said the issue is the city does not know whether the road was accepted into the city street system or not.

Tramel replied that he has never looked at the county records and deeds to see if South Fairland had been accepted into the city.

Elliott said after discussions with an engineer, it was determined that the section “has been used as a road for 20 plus years.” Elliott pointed out the road has been open to the public all this time.

“Is it a road or is it a driveway?” asked Stott.

Elliott said continuous use gives the public a right to use the road.

Epperly said the street would not be considered a private drive; it would give access to the church so members are not pulling out on the highway.

“Couldn’t they make it a private drive so the city wouldn’t have to maintain it?” asked Stott.

Tramel called for a vote to approve Epperly’s easements. Councilmen Harris, Stott and Ronnie Sharp voted against accepting the easements.

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