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HomeMy WebLinkAbout1024_Nunc Pro Tunc_OA 13-02_N Ming Rd from E 96th St N to E 116th St NCITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1024 NUNC PRO TUNC AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 12 AND SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST AND SECTION 18 TOWNSHIP 21 NORTH RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA-13-02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land located in the East Half (E/2) of Section 12, Township 21 North, Range 13 East, the East Half (E/2) of Section 13, Township 21 North, Range 13 East and the Northwest Quarter (NW/4) of the Northwest Quarter (NW/4) of Section 18, Township 21 North, Range 14 East of the Indian Base and Meridian (I.B.& M.) according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Beginning at the Northeast Corner of New Brunswick, a subdivision in the City of Owasso, Tulsa County Oklahoma, thence north along the east section line of Section 13, Township 21 North, Range 13 East a distance of 3753.49 feet to a point of intersection with the southern right of way line of the Southern Kansas and Oklahoma Railroad, thence northeast along the southern right of way line to a point 16.5 feet east of the west section line of Section 18, Township 21 North, Range 14 East, thence north and parallel to said west section line a distance of 389.16 feet to a point on the northern right of way line of the Southern Kansas and Oklahoma Railroad, thence southwest along the northern right of way line to the point of intersection with the said east section line of Section 13, Township 21 North, Range 13 East, thence north along said east section line a distance of 467.27 feet to the northeast corner of the northeast quarter of Section 13, Township 21 North, Range 13 East, thence north along the east section line of Section 12, Township 21 North, Range 13 East a distance of 3320.33 feet to the southeast corner of Hillside Estates, a subdivision in the City of Owasso, Tulsa County Oklahoma, thence east along the south line of said subdivision a distance of 16.5 feet, thence south and parallel to the east section line of Section 12, Township 21 North, Range 13 East a distance of 3320.22 feet to a point on the north line of Section 13, Township 21 North, Range 13 East 16.5 feet west of the northeast corner of the northeast quarter of said section, thence south and parallel to the east section line of Section 13, Township 21 North, Range 13 East a distance of 1316.49 feet, thence west and perpendicular to said east section line a distance of 33.5 feet, thence south and parallel to said east section line a distance of 3293.81 feet to a point on the north boundary line of New Brunswick, a subdivision in the City of Owasso, Tulsa County Oklahoma, thence east along said north boundary line of said subdivision a distance of 50 feet to the point of beginning. Said tract contains 242,656 square feet or 5.57 acres more or less and shall be assigned a zoning classification of Agriculture (AG) be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 1. That from and after the passage and publication of this Ordinance, the real estate and territory described herein shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED A PPROV t do f September, 2013. D Kg B eb e, Mayor ATTEST: A Sherry Bish(f6, City Clerk OF G~~ UGC OFI~'ICIAL O (SEAL) ~ I SEAL APPROVED AS TO FORM: L0f►f ~~aN Julie L mbardi, City Attorney 116th S 0 RIGHTIOF O ry O D 9 0 PROPOSED MINGO ROAD ANNEXATION I CITY OF OWASSO 5/10/13 Legend "11111, M.AP IS FOR IN FORIN1AT ION PURPOSE ONLY ANU IS N01- IN -1 0 REPRESENT' AN ACCURATE AND TRUE SCALE. USE OF TI I I S MAP IS WITIIOUT WARRANTY OR REPRESENTATION By CITY OF OWASSO OF ITS ACCURACY. 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 SeQ~Q: QP~J 5 PUBLISHER'S AFFIDAVIT ORD NO. 1024 PUBLICATION DATE(S) 08/15/13 CASE NUMBER: ORD NO. 1024 AD NO: 00168717 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, 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) e rese five Signature Subscribed to and sworn to me this 16th day of August, 2013. Notary Public _02_12M4 Nancy Carol Moore My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 173.60 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 124.2014 [17- __ - (0�5_ 1 SCANNED (� PO y 188717 Published In the Owasso Reporter, Owasso, Tulsa County, Okla- homa, August 15.2013. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1024 AN ORDINANCE ACCEPTING, ADDING, AND TO THE CITY OF OWASSO,, OKLAHOMA, A LANDS AND TERRITORY, OF SECTION 12 Ah OWASSO. THAT ALL THE CRY OF OWASSO. OKLAHOMA ES- THE SAME AS PART OF WARD ONE OF WHEREAS, public hearings have been held regarding the re, quest for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the MC- ommendation of the Owasso Annexation Commmae, the Owasso Planning Commission and all statements for or against the m- yuested annexation the property referenced in application OA -UO2. NOW, THEREFORE, BE R ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT. A tract of land containing a section line road named Mingo Road also known as North 971h Avenue East in Section 2 and Section 13. Township 21 North, Range 13 Fast of the In- dian Base and Meddian P.B.a M.) axtOty hg to the U.S. GaV- b ng mere particularly ydescribed es fallows�ate of Oklahoma; A treat of land located In the East Hag (FJ2) of Section 12, Township 21 North. Rugs 13 East and the East Halt (FJ21_ of Section 13, Township 21 North, Range 13 East of the Ind Base and Meridian (LBA IA.) according to the U.S. Govem- mem Survey, thereof, ty. State of Oklahoma; be- ing more particularly described as follows: Beginning at the Northeast Comer of New Brunswick, a sub- division In the City of Owasso, Tulsa County Oklahoma, ,.,,r ................a- -_ taint of Intersection with the southern right of way one of the 3outhem Kansas and Oklahoma Railroad, thence northeast along the southern right of way line to a point 16.5 feet east of said east section line, thence north and parallel to said east section line a distance of 389.16 feel to a point on the north am right of way line of the Southern Kansas and Oklahoma Railroad, thence southwest along the northern right of way line to the point of Intersection with the said east section line. thence north along said east section line a distance of 467.27 feet to the northeast comer of the northeast quarter of Sectian 13, Township 21 North, Range 13 rest, thence north along the east section line of Seatlon 12, Township 21 Nodh, Range 13 East a distance of 3320.33 feet to the southeast comer Hillside Estates, a subdivision in the City of Owasso, Tulsa nom.- - e,,.,.A"­A....nn. anal .Mn ,An e, h u.. M.—H PUBLISHER'S AFFIDAVIT ORD NO. 1024 PUBLICATION DATE(S) 09/26/13 CASE NUMBER: ORD NO. 1024 AD NO: 00171197 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, 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) r' V / Representativ ignature Subscribed to and sworn to me this 27th day of September, 2013. Notary Public �* / , JAI" AI 4224 ancy Carol Moore My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 169.40 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011634 EXPIRES 12-8 -2314 �I - L 171197 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 26, 2013. CRY OF OWASSO, OKLAHOMA ORDINANCE NO. 1024 NUNC PROTUNC AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWAS- SO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 12 AND SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST AND SECTION 18 TOWN- SHIP 21 NORTH RANGE 14 EAST OF THE I.B. a M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PRO - VIDED THAT FROM AND AFTERTHE PASSAGE AND PUBLICATION OF THIS ORDI- NANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUB. JECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OFTHE CRY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CRY AND DIRECTING THE FILING OFTHIS ORDINANCE, AND REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the OWaese Planning Commission and all statements for or against the requested annexation the property referenced in application OA- 13.02. NGW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THATTO WR: A tract of land located In the East Hall (E/2) of Section 12, Township 21 North. Range 13 East, the East Hell (E/2) of Section 13, Township 21 North, Range 13 East and the Northwest Quarter (N W /4) of the Northwest Quarter (N W /4) of Section 18, Township 21 North, Range 14 East of the Indian Base antl Meridian ga& M.) according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma: being more particularly described! as follows: Beginning at the Northeast Comer of New Brunswick, a subdivision in the City of Owasso, Tulsa County Oklahoma, thence north along the east section line of Section 13, Township 21 North, Range 13 East a distance of 3753.49 feet to a point of Infamous- lion with the southern right of way line of the Southern Kansas and Oklahoma Railroad, thence northeast along the southern right of way line to a point 16.5 feet east of the west section line of Section 18, Township 21 North, Range 14 East, thence north and pawl. let to said wood section line a distance of 389.16 feel to a point on the northern right of way line of the Southern Kansas and Oklahoma Railroad, thence southwest along the northern right of way line to the point of intersection with the sald east section line of Section 13, Township 21 North, Range 13 East, thence north along sad east section line a distance of 467.27 feet to the northeast comer of the northeast quarter of Section 13, Township 21 North, Range 13 East, thence north along the east section line of Section 12, Township 21 North, Range 13 East a distance of 3320.33 feet to the south- east earner of Hillside Estates, a subdivision in the City of Owasso, Tulsa County Oklahoma, thence east along the south line of said subdivision a distance of 16.5 feet, thence south and parallel to the east section line of Section 12, Township 21 North, Range 13 East a distance of 3320.22 feet to a point on the north line of Section 13, Township 21 North, Range 13 East 16.5 feet west of the northeast tamer of the nodh- east quarter of said section, thence south and parallel to the east swim line of Section 13, Township 21 North, Range 13 East a distance of 1316.49 feet, thence west and per- pendicular to said east section line a distance of 33.5 feet. thence south and parallel to said east section line a distance of 329181 feet to a point on the north boundary line of New Brunswick, a subdivision In the City of Owasso, Tulsa County Oklahoma, thence east along said north boundary line of said subdivision a distance of 50 feed to the point of beginning. Said tract contains 242,656 square feet or 5.57 acres more or less and shall be assigned a zoning classification of Agriculture (AG) be, and the same is hereby annexed to, made a part of, and added to the City of Owasso. Oklahoma, and the corporate limits thereof be and are hereby extendedte Include the above described territory and real estate. Sectim l.- That from and after the passage and publicatim of this Ordinance. the real estate and territory described herein shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons melding therein, and all property situated thereon, shall be and are hereby declared to be subject to the tudsdictlon, control, laws, and ordinances of the Clty of Owasso, Oklahoma, In all respects and partk:ulars. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the indent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or Inef- fective, the remaining portion shall not be affected bud shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section .5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 17th day of September, 2013. /s/ Doug Bonebrake, Mayor /a/ Sherry Bishop, City Clerk /N Julie Lombardi, City Attorney The City Witiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Ordinance No. 1024 Nunc Pro Tunc DATE: September 13, 2013 BACKGROUND: an()VET BY CpU14C1L su 11 *013 On July 16, 2013, City Council considered the annexation of portions of N Mingo Rd from E 961h St N to E 116th St N and voted unanimously to approve annexation request OA-13-02. Ordinance 1024 officially annexing the property was approved on August 6, 2013. After Council action, a scrivener's error was discovered in the legal description of Ordinance 1024. In order to correct this error, staff has created Ordinance 1024 Nunc Pro Tunc to replace the previous ordinance. In order to correct Ordinance No. 1024, staff has prepared a revised legal description and has included this description within a new corrective ordinance called 1024 nunc pro tunc - literally, ..now for then." In order for the change to be effective, the nunc pro tunc ordinance must be approved, thereby replacing the previous ordinance that had a minor error in the legal description. RECOMMENDATION: Staff recommends approval of Ordinance No. 1024 Nunc Pro Tunc ATTACHMENTS: A. Ordinance No. 1024 Nunc Pro Tunc B. Map