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Home My WebLink About1135_Deannexation_OA 18-03_NW Corner E 106 St N & N 161 E AveUoe A Ldld- 015545 10/24/2018 11:02:30 AM Total Pg(s): 3 Oi- CITY Fee: $ 17.00 Jeanne M. Heidlage, Rogers County Clerk Rogers County -State of Oklahom OF OWASSO, OKLAHOMA ORDINANCE 1135 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -03 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for detachment of the property described as twenty -four acres located at approximately the northwest corner of E 106th Street North and N 161st East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested detachment of the property referenced in application OA 18 -03. NOW., THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land, located in Section 10, Township 21 North, Range 14 East of the Indian Base and Meridian, Rogers County, Oklahoma, according to the United States Government survey thereof, being more particularly described as follows: SOUTHEAST QUARTER (SE /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHEAST QUARTER (SE /4), LESS AND EXCEPT THE SOUTH 16.5 FEET. wo EAST HALF (E /2) OF THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHEAST QUARTER (SE /4), LESS AND EXCEPT THE SOUTH 16.5 FEET, AND A TRACT OF LAND LOCATED IN SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10, THENCE NORTH 01 010'37" WEST ALONG THE EAST LINE OF SAID SECTION 10, 658.55 FEET, THENCE SOUTH 88 044'08" WEST 25.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 044'08" WEST 1294.20 FEET TO A POINT ON THE WEST LINE OF THE E12 OF THE SE /4 OF SECTION 10; THENCE NORTH 01 013'59" WEST 670.15 FEET ALONG THE WEST LINE OF THE E/2 OF THE SE /4 OF SAID SECTION 10, THENCE NORTH 88 049'23" EAST A DISTANCE OF 659.93 FEET, THENCE SOUTH 01 01218" EAST A DISTANCE OF 663.92 FEET, THENCE NORTH 88 046'24" EAST A DISTANCE 634.60 FEET, THENCE SOUTH 01 °10'37' EAST A DISTANCE OF 4.81 FEET TO THE POINT OF BEGINNING. The same is hereby detached and removed from the corporate limits of the City of Owasso, Oklahoma, and its corporate limits thereof. Ordinance 1135 Page 1 of 2 3 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 S. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory detached. PASSED by the City Council of the City of Owasso, Oklahoma on t 1 day of October, 2018. Chris Ile , yor (SEAL) APPR VED as to form and legality this f7Ttday of jQ—Ct96Z, 2018. OW L u' Juli Lombardi, City Attorney Ordinance 1135 Page 2 of 2 i ,Y. it :� a { �. s. 'A -•� 1. a. AN f N 16151 E Ave Y d F s [ �• •✓ "�+ r `~ fir' 1 ' A S' � '` F � � � III y tillkYAlDltAm 1 a+ S L N M O O CL 0CJ0 v 11 .au 0 O 3 � N 1L'3.1•J - ' ' l � • \ s L Weeldy Group CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO. OK 74055 Date Category Description 1110712018 Legal Notices ORDINANCE 1135 523615 Published in the Owasso Reporter, Owasso, Tulsa Caan- }y, Oklahoma, November 7, 2018. CITY OF OWASSO, OKLAHOMA ORDINANCE 1135 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICA. TION OA 7843 AND REPEALING ALL ORDINAN. CES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for detachment of the proPerty described as twenty -four acres located at approximately the north- west corner of E 1t161h Street North and N 161st East Avenue; and, WHEREAS, the Owosso City Council has considered the recommendation of the Owasso Planning Commis. sion and oil statements for or against the requested de- tachment of the property referenced in application OA 18-03. NOW, THEREFORE, BE IT ORDAINED BY THE COUN. CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1 A tract of land, located in Section 10, Township 21 North, Range 14 East of the Indian Bow and Meridian, Rows County, Oklahoma, according to the United States Government survey thereof, being more Particulorly de. scribed as follows: The some Is hereby detached and removed from the cor- porate limits of the City of Owasso, Oklahoma, and Its corporate limits thereof. SECTION 2. All ordinances ar sorts of Ordinances, In conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. It an sort or Parts of this ordinance ore deemed uncon. stitutiona1, Invalid or Ineffective, the remaining Portion shall not be affected but shall remain In full force and ef. fect. W. provisions of this ordinance shall became effective thirty by (30) tlays From the date of final Passage as provid- sd by state law. gTfCTrpN S. There shall be filed In the office of the County .r,. Clerk of Roper County, Oklahoma, a }rue and correct copy of this Ordinance and correct map of the territory detach - ed. Owasso Reporter • Sand Springs Leader Sklatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Ad Size Account Number 1015023 Date November 07, 2018 Affidavit of Publication Melissa Marshall Total Cost CIL 129.28 Of lawful age, being . duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. 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 11/07/2018 Newspaper reference: 0000523635 7Yl 2214z a ir& Legal Representative Sworn to and subscribed before me this date: tary Public My Commission expires: 49— :6,y - 020 4 .`G • �' RY P&,.. .0 �1 2° G'. O 40-060116" ° : R1 f� �. �• rpNS/1058 sZ' I O FOR J y� �� OKL�.,.%%`�� REAL Peoplo •REAL LM1a2ctar •REAL Commonly OAT 16 v ®U /rIQ/C TO: The Honorable Mayor and City Council Iftly FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Deannexation (OA 18-03) - NW Corner E 1061h St N & N 161st E Ave DATE: October 12, 2018 BACKGROUND: The Community Development Department received a request for a deannexation of approximately twenty -four (24) acres on the northwest corner of E 106th St N and N 161st E Ave. The property was annexed into Owasso City Limits with Ordinance 855 in 2006. SURROUNDING LAND USE: Direction Current Zoning Current Use Land Use Master Plan Jurisdiction North RS -40 (Residential Single - Family Low Residential Residential Rogers Medium Density) County RST -60 (Residential Single- Family South Doublewide Residential Transitional & Rogers Low Density Manufactured Home) & Commercial County AR (Agriculture Residential) East AR (Agriculture Residential) Residential Commercial Rogers County West RS -40 ( Residential Single - Family Low Residential Residential Rogers Medium Density) County SUBJECT PROPERTY /PROJECT DATA: Property Size 24 acres +/- Current Zoning RS -2 (Residential Single - Family Medium Density) Land Use Master Plan Residential Within Overlay District? No Water Provider Washington Rural Water District #3 ANALYSIS: The property was initially annexed into Owasso City Limits with the intent of developing a single - family residential subdivision. In order to avoid a satellite annexation and to accommodate the development, the statutory right -of -way (ROW) along E 106th St N from the southeast corner of the Lake Valley subdivision to the intersection at N 161st E Ave was also annexed with the subject property. To develop this property with urban sized lots as originally intended would have required extension of the sanitary sewer system for nearly 3/4 of a mile and the installation of a lift station. Due to the excessive cost of these sewer improvements in relation to the potential number of lots that could have been developed on the property, sewer was never extended. Given this, the property owner now requests to deannex the property in order to develop the subdivision under Rogers County standards with aerobic septic systems. After internal discussions with City staff, it was determined that the best course of action would be to retain the statutory ROW along E 1061h St N up to N 161st E Ave within City Limits and under City jurisdiction in case of future annexation requests near the intersection of E 106fh St N and N 161 st E Ave. PLANNING COMMISSION: The Owasso Planning Commission considered this item at their regular scheduled meeting on October 8, 2018 and voted 5 -0 to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1135, approving the deannexation case OA 18 -03. ATTACHMENT: Ordinance 1135