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HomeMy WebLinkAbout1119_Nunc Pro Tunc OA17-08_7300 Block of E US Hwy 169 Service Rd/N 115 E AveTulsa County Clerk — Michael Willis Doe q 2018016068 Page(s): 3 S:"" �♦•� 02/27/2018 09:08:10 AM Receipt N 18 -10506 °o P° Fee: $ 17.00 kGgHOM CITY OF OWASSO, OKLAHOMA ORDINANCE 1119 NUNC PRO TUNC AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION APPLICATION OA 17 -08 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property described as being generally located between E 76 Street North and E 69 Street North on N 1 15 East Avenue; 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 of the property referenced in application OA 17 -08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land situated in the SW /4 of NW /4 of section 32, T21 N, R14E, I.B. &M., TULSA COUNTY, OKLAHOMA, described as follows: COMMENCING AT THE NW CORNER OF SAID SW /4 OF NW /4; THENCE S89 055'23 "E ALONG THE NORTH LINE OF SAID SW /4 OF NW /4 A DISTANCE OF 157.82 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EAST R/W LINE OF HWY 169; THENCE S89 055'23 "E ALONG SAID NORTH LINE AND LEAVING SAID R/W LINE A DISTANCE OF 836.09 FEET; THENCE 500 100'05 "W AND PARALLEL WITH AND 331.00 FEET WESTERLY OF THE EAST LINE OF SAID SW /4 OF NW /4 A DISTANCE OF 660.39 FEET TO THE SOUTH LINE OF SAID SW /4 OF NW /4; THENCE N89 057'16 "W ALONG SAID SOUTH LINE A DISTANCE OF 836.84 FEET TO THE EAST R/W LINE OF HWY 169; THENCE N00 004'00 "E ALONG SAID R/W LINE A DISTANCE OF 660.85 FEET TO THE POINT OF BEGINNING, CONTAINING 12.7 ACRES, MORE OR LESS. The some is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits maintaining the current zoning of IL (Industrial Light). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 4. 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 on April 4, 2018. SECTION b. There shall 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 APPRO this 20th day of Fe cry, 2018 Ly ell D nn, Mayor Attest: °B " i . • i� f - k..a',� Sherry hop, CitykC'I O�`c LP` r OFFICIAL (SEAL) S.12A p"' ,(0xt_P,Ft APPR ED AS TO FORM: /-Vn6alcb ' Julie/ ombardi, City Attorney Page 2 of 2 Ordinance 1119 Nunc Pro Tunc REAL People •REAL CM1arecter •REAL CommunHy q ppR OFD TO: The Honorable Mayor and City Council eY CO(/ City of Owasso F�B �Ck FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1119 Nunc Pro Tunc DATE: February 5, 2018 BACKGROUND: In December of 2017, the Owasso City Council approved Ordinance 1119 annexing property located in approximately the 7300 block of the East US -169 Service Rd (N 115th E Ave). The subject property is approximately 12.7 acres in area and it will retain its Tulsa County zoning of IL (Industrial Light) upon annexation. After Ordinance 1119 was approved by Council, an error was discovered in the updated legal description provided by the applicant. The legal description in Ordinance 1119 needs to be corrected. Per State Statues, annexations into Owasso City Limits typically go into effect thirty (30) days after the date of the final passage of the ordinance by City Council. However, due to the timing of the upcoming Owasso City Council election, the effective date of Ordinance 1119 was set after the elections on April 4, 2018. Therefore, the annexation of the property described in Ordinance 1 119 has not yet gone into effect. This type of error is corrected by approval of a nunc pro tunc ordinance which is literally translated from Latin as "now for then." Staff has acquired the correct legal description for the subject property and has prepared the nunc pro tunc ordinance. In order to ensure the property is accurately annexed, the nunc pro tunc ordinance must be approved by Council, thereby replacing Ordinance 1119 and the incorrect legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance 1119 Nunc Pro Tunc. ATTACHMENT: Ordinance 1119 Nunc Pro Tunc Tulsa County Clerk - Michael Willis Doc a 2017119726 Page(s): 5 12/29/2017 10:05:35 AM :s Receipt # 17 -71912 ph`gHOMp'� Fee: $ 21.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1119 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION APPLICATION OA 17 -08 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property described as being generally located between E 76 Street North and E 69 Street North on N 115 East Avenue; 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 of the property referenced in application OA 17 -08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land, being more particularly described as follows: The N % of the SW '/4 of the NW ''/4, LESS AND EXCEPT State Highway No 169 right - of -way and LESS AND EXCEPT the North 30 feet of the West 656 feet thereof, in Section 32, Township 21 North, Range 14 East, of the I.B. & M., Tulsa County, State of Oklahoma, also being further described as follows: COMMENCING at the Northwest Corner of said N % of the SW '/4 of the NW '/4 ; thence N 89 058'05" E, along the North line thereof, a distance of 656.00 feet to the Point of Beginning; thence S 00 031'51" E, parallel to the West line of said N of the SW '/4 of the NW 1/4 , a distance of 30.00 feet; thence S 89 058'05" W, a distance of 498.17 feet to the Easterly right -of -way line of State Highway No 169; thence S 00 104'00" W, along said right -of -way line, a distance of 630.28 feet to the South line of said N % of the SW '/4 of the NW '/<, thence N 89 057'03" E, along said South line, a distance of 1168.51 feet to the Southeast Corner of said N % of the SW '/4 of the NW 1/4; thence N 00 001'38" E, a distance of 659.93 feet to the Northeast Corner of said N % of the SW '/4 of the NW Y;, thence S 59 058'05" W, a distance of 669.33 feet to the Point of Beginning. The some is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits maintaining the current zoning of IL (Industrial Light). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 4. 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 S. The provisions of this ordinance shall become effective on April 4, 2018. SECTION 6. There shall 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 I 91 day of December, 2017 Z'11'11'e,14 II Dunn, Mayor APPROVED AS TO FORM: du LouikqAca Ville Lombardi, City Attorney Ordinance 1119 Page 2 of 2 LLL ii I I 0 z � H U J s � W � I I (� I a -- 69� -sn ®c — - gin,; � J ry � N Q co O �a 00 N c v a L } CN L N C O N h 3 0 0 co O r .. mpm N •o 10 W a� CL O CL U N 69L -sn 0 Y N m � � 8 N a m E alcg 12 2 3 u a E u3i ui LL 6 u' x° a' Cs V ! 13 ©O-Ptt 0 z ,W^ V � O W p J C a� & s C L y j qt V o .5 N E E o 7 vg° j N C a 0 y C. NQ .3 Cy? y� 5 6 p N�N NQ 41 Q y Q O S u. o N p g V v GLL 2tJ V1 ttoa R �i LL' � —U � � F 0 VA Zeekly Group CITY OF OWASSO /LEGALS Alin JULIE STEVENS PO BOX 180 OWASSO. OK 74055 Date Category Description 01/03/2018 Legal Notices ORDINANCE 1119 439249 Published in the OWasso Reporter, Owasso, Tulsa Coun- N, Oklahoma, January 3, 2018. CITY OF OWASSO, OKLAHOMA ORDINANCE 1119 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHO- MA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION APPLICATION OA 17-05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, Public hearings have been held regarding the request for annexation of the Property described as being generally located between E 76 Street North and E 69 Street North on N 115 East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Commit. tee, the Owasso Planning Commission, and all state- ments for or against the requested annexation of the Property referenced In application OA 17-05. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. IA Trract of land, being more particularly described as to[- The N Vi of the SW 114 of the NW W, LESS AND EX- CEPT State Highway No 169 rlghtcf -way and LESS AND EXCEPT the North 30 feet of the West 656 feet thereof, In Section 322, Township 21 North, Range 14 East, of the I.B. 6 M., Tulsa County, State of Oklaho- ma, also being further described as follows: Owasso Reporter - Sand Springs Leader Skiatook Journal • Wagoner County American- Tribune Tulsa Business S Legal News OKLAHOMA WEEKLY GROUP PO, BOX 1770 TULSA, OK 74102-1770 Account Number 1015023 Date January 03, 2018 Ad Size 2x99.00 CL Proof of Publication 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 qualified to publish legal notices, advertisements and publications as provided In Section 106 or 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 DATE(S) LISTED BELOW 01/03/2018 Newspaper reference: 0000439249 the Northwest Corner of she N 16 of V 114 1 thence N 59° 58' 05• E, along the o distance of 656.00 feet to the Point of f the 3r 51 - E, parallel t1 the West N the a 1A of the NW a , a ins- Le al Re resents ( e thence s B9' 55' e5• W, a instance 9 P sold N 38• E. the The some Is hereby annexed to, made a Part of, and add. ed to the City of Owasso, Oklahoma, and Its corporate limits maintaining the current Toning of IL (Industrial Light). All Persons residing therein, and all Property sit - voted thereon, shall be Sur to the lurisdlction, con. trol, laws, and ordinances of the City of Owosso, Oklaho- ma, In all respects and Particulars. SECTION 2. From and after the Passage and Publication of this Ordl- nonce, the real estate and territory described above shall be a Part of the City of Owasso, Oklahoma, and in City Council Word 4. 0 A or trances or Parts of ordinances, in conflict with this ordinance are hereby repeated to the extent of the conflict only. SECTION 0 If any Part or parts of this ordinance are deemed uncon. stitutional, Invalid or Ineffective, the remaining portion shall not be affected but sholl remain In full force and ef- fect. T e MON 5. k ens of this ordinance shall become effective on April 4, 2018. SECTION 6. There shall be ffleo in the office at the County Clerk of Tulsa County, Oklahoma, a true and correct cow of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this win day of December, 2017. /s/ Lyndeli Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney Sworn to and subscribed before me this date: — ✓ dal otary Public My Commission expires: /d _a _.)9/-" NOTARY PUBLIC•STATE OF OKLAHOMA COMM. BXP. NANCY CAROL MOORE 12-08 -2013 COMMISSION # 06011684 TULSA COUNTY Total Cost 126.72 Knl#6 SV AppRo The City Wit out Limits. VDD BY C�UNCIt_ TO: Honorable Mayor and City Council DEC 19 LU // City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1119 Annexation (OA 17 -08) — 7300 Block of the East US -169 Service Rd /N 115th E Ave DATE: December 15, 2017 BACKGROUND: The Community Development Department received a request for the annexation of a property approximately located on the 7300 block of the east US -169 Service Rd, also called N 115th E Ave. The property is approximately 12.7 acres in size and is currently zoned IL (Industrial Light) in Tulsa County. The applicant requests that upon annexation the subject property retains its IL (Industrial Light) zoning. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North IL (Industrial Light) Parking Lot Commercial /Industrial City of Owasso South PUD 475A/ IL (Industrial Light) Undeveloped Industrial Tulsa County East RE (Residential Estate) Residential Residential Tulsa County West Highway US -169 ROW Highway ROW Transportation ODOT SUBJECT PROPERTY /PROJECT DATA: Property Size - 12.7 +/- acres Current Jurisdiction Tulsa County Current Zoning IL (Industrial Light) Proposed Zoning IL (Industrial Light Land Use Plan Industrial /Regional Employment Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks None ANALYSIS: The subject property is currently zoned IL (Industrial Light) in Tulsa County. The applicant is requesting that the subject property, upon annexation, would retain its existing zoning. The property is called out for industrial uses in the GrOwasso 2030 Land Use Master Plan, so a zoning of IL (Industrial Light) is appropriate at this location. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS service to the property upon annexation. Rogers County Rural Water District #3 would provide water service to the property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. ANNEXATION COMMITTEE: The Annexation Committee reviewed this case on November 29, 2017, and voted unanimously to recommend approval. PLANNING COMMISSION The Planning Commission considered this item at their regular scheduled meeting on December 11, 2017, voting 5 -0 to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1119. ATTACHMENTS: Ordinance 1119 Zoning Map Land Use Map