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HomeMy WebLinkAbout1005_OZ 12-03_Willis Farms (SAM's Club) AG to CSv'OTulsa County Clerk - EARLENE WILSON Doc # 2012065217 Page(s): 4 Recorded 07/06/2012 at 11:55 AM pk~gNaMp Receipt # 345738 Fee $19.00 %-I] r yr vrrASSO, OKLAHOMA ORDINANCE NO. 1005 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-12-03 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG (AGRICULTURAL) DISTRICT TO A CS (COMMERCIAL SHOPPING) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 12-03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A part of the Southwest Quarter of the Southwest Quarter of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, more particularly described as follows: COMMENCING at the southwest corner of said Southwest Quarter of the Southwest Quarter of Section 16; THENCE North 88032'45" East, along the south line of said Southwest Quarter, a distance of 90.00 feet; THENCE North 01018'47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 50.00 feet to the POINT OF BEGINNING; THENCE North 01°18'47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 384.79 feet; THENCE North 71 °49'45" East a distance of 110.76 feet; THENCE North 88032'45" East, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 41.27 feet; THENCE North 011,26'46" West, along the easterly right of way line of U.S. Highway 169 (Mingo Valley Expressway), a distance of 374.66 feet; THENCE continuing along said right of way line North 51034'46" East a distance of 224.87 feet to a point on a curve; THENCE continuing along said right of way line on a non-tangent curve to the left having a radius of 1195.92 feet (a chord bearing of North 45046'18" East a length of 242.04 feet) an arc distance of 242.45 feet; THENCE North 39057'49" East, continuing along said easterly right of way line, a distance of 209.04 feet to a point on the southerly right of way line of East 99th Street North, said point being 25.00 feet southerly of, as measured perpendicular from, the north line of said Southwest Quarter of the Southwest Quarter; THENCE North 88036'01" East, parallel with said north line, a distance of 593.17 feet to a point on the east line of said Southwest Quarter of the Southwest Quarter; THENCE South 01°18'40" East, along said east line, a distance of 1264.11 feet to a point on the north right of way line of East 96th Street North, said point being 33.00 feet northerly of, as measured perpendicular from, the south line of said Southwest Quarter of the Southwest Quarter; THENCE South 88032'45" West, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 857.36 feet; THENCE North 01018'47" West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a distance of 17.00 feet; THENCE South 88°32'45" West, parallel with the South line of said Southwest Quarter of the Southwest Quarter, a distance of 376.66 feet to the POINT OF BEGINNING. Said described tract of land contains an area of 1,306,712 square feet or 29.9980 acres, more or less. be, and the same is hereby zoned from AG (AGRICULTURAL) TO CS (COMMERCIAL SHOPPING) District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. CITY OF OWASSO JULIE STEVENS P O BOX 180 OWASSO, OK 74055 PASSED AND APP D this 3rd day of July, 2012. u Bonebrake, Mayor ATTEST: jkm Sherry Bi op, City Cler (SEAL) --1 O G\F 0 OFFICIAL SEAL ~kf,AHOMP~ APPROVED AS TO FORM: f J /eLomlbardi, City Attorney OZ-12-03 `I U' w ry ~ j r r ~ t T ' r L Subject Property E''9i, ST N t 98 51 N M I I r ~ Q a z1 IW ~NA~yc) 7 L_94 Q Z PL N w w E94SIN qG l0U m 500 ft J `C C2 z t 4' 1" = 376 ft Willis Farms 06/06/2012 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact 01,vasso staff for the most up-to-date information- PUBLISHER'S AFFIDAVIT ORD NO. 1005 PUBLICATION DATE(S) 07/12/12 CASE NUMBER: ORD NO. 1005 AD NO: 00147022 LEGAL NOTICE STATE, OF OKLAHOMA COUNTY OF Tulsa SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Repre tanv 'gnature Subscribed to and sworn to me this 13th day of July, 2012. Notary Public vl i, 'ne4 r"t""w oA a-p z NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 176.40 NANCY CAROL MOORE NOTARY PL `L STATE OF OKLAHOMA COMMISSION NO. 06011584 EXPIRES 12 -8 -2014 1467022 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, July 12, 2012. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1005 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -1243 CHANGING THE ZONING OF PROP- ERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG (AGRICUL- TURAL) DISTRICT TO A CS ( COMMERCML SHOPPING) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the re. quest for rezoning . of the property herein described, and WHEREAS, the Owasso City Council has considered the man - ammendation of the Owasso Planning Commission and all state- ments for or against the requested rezoning of application 0212 -03. T HE CITY OF OWASSO, OKLAHOMA, THAT TO WIOUNCIL OF A pen of the Southwest Quarter of the Southwest Quarter of Section 16, Townshlp 21 North, Range 14 East of the Indian Rasa and Meridian, Tulsa County, Oklahoma, more Particu- larly described as follows: COMMENCING at the southwest career of said Southwest Quarter of the Southwest Quarter of Section 16; THENCE North 88°32' 45' East, along the south line of sald Southwest Quarter, a distance of 90.00 feet; THENCE Nunn 01° 18' 47" West, parallel with the were line of said Southwest Quarter of the Southwest Quarter, a distance of 50.00 feet to the POINT OF BEGINNING; THENCE North 01. 18'47" West, parallel with the west line of said Southwest Quartet of the Southwest Quarter, a distance of 384 79 feet; I HENCE North 71' 49'45' East a distance of 110.76 feet; THENCE North No 32'45o East, parallel with the south line of said Southwest Quarter of the Southwest Quarter, a distance of 41.27 feet; THENCE North 01° 26' 46' West, along the easterly right of way line of U.S. Highway 169 (Mingo Valley Expressway), a distance of 374.66 feel; THENCE continuing along said right of way line North 510 34' 46" East a distance of 224.87 feet to a point on a curve; THENCE continuing along said right of way line on a hal tan- gent curve to the left having a radius of 1195.92 feet (a chord bearing of North 45' 46' 18' East a length of 242.04 feet) an arc distance of 242.45 feet; THENCE North No 57' 49" East, continuing along said east- erly right of way line, a distance of 209.04 feel to a point on the southerly right of way line of East 9901 Street North, said point being 25.00 feel souNerly of, as measured perpendicu- at from, the north line of said Southwest Ouaver of the Southwest Quarter, THENCE North No 38' 01' East, parallel with said north line, a distance of 593.17 feet to a point on the east line of said Southwest Quarter of the Southwest Quaver; THENCE South 01°18' 40" Easl, along said east line, a dis- tance of 1264.11 feat to a paint on the north right of way line of East Nth Street North, said point being 33.00 feet north- erly of. as measured perpendicular from, the south line of sold Southwest Quarter of the Southwest Quarter; TIIENCE South No 30 45' West, parallel with the south line of sold Southwest Quarter of the Southwest Quarter, a dis, lance of 857.36 feel; THENCE North 01° 18'47- West, parallel with the west line of said Southwest Quarter of the Southwest Quarter, a dis- tance of 17.00 feet; I HENCE South 880 32' 45" Weal, parallel with the South line of said Southwest Quarter of the Southwest Quarter, a dis- tance of 376.66 feet to the POINT OF BEGINNING. Said described tract of land contains an area of 1,306,712 square feet or 29.9980 acres, more or less. be, and the same is hereby zoned from AG (AGRICULTURAL) TO CS (COMMERCIAL SHOPPING) Distiac Sg,,Wn_Z That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SoQJ0n 3. All ordinances or pads of ordinances, in conflict with Nis ordinance are hereby repealed to the extent of the conflict only Sect If any part or parts of this ordinance are deemed on- consvtutheal, Invalid or in.1fia ve, the remaining portion shall not be affected but shall remain In full fame and effect. Suction 5. The provisions of this ordinance shall become eRec- live thirty (30) days from the date of final passage as provided by state law. Sect That there be filed in the office of the County Clerk of Tulsa w ounly, Oklahoma, a true and correct copy of this Cook ranee PASSED AND APPROVED this 3ml day of July, 2012. /a/ Doug Bonebrske, Mayor (s/ Sherry Bishop, City Clerk /sY Julie Lombardi, City Attorney 0 The Citmd~ V y Wit out Limits. APPROVED BY COUNCIL JUL 0 3 2012 TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1005, Willis Farms Zoning Map Amendment - OZ-12-03 DATE: June 29, 2012 BACKGROUND: Shortly after the approval of the Willis Farms final plat for the Sam's Club, it was brought to staff's attention by the attorney representing the Sam's property transaction, that there was an issue regarding the zoning on the property. Apparently, during the abstract and title search for the property as part of the closing, it was discovered that no records existed indicating the property was zoned CS (Commercial Shopping), but rather still retained an AG (Agricultural District) zoning classification. Rezoning the property would correct the mistake and zone the property CS (Commercial Shopping) and would allow for the planned development of the property. PLANNING COMMISSION The Owasso Planning Commission will review this item at a meeting on July 2, 2012. PROPOSED ACTION: Staff recommends City Council approval of the attached ordinance No. 1005 for the rezoning of the Willis Farms Addition ATTACHMENTS: Ordinance No. 1005