HomeMy WebLinkAbout1144_OA 18-05_Deannex ne Corner E 106 St n & Memorialx*� Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1144
AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA,
ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -05 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WHEREAS, public hearings have been held regarding the request for detachment of two
properties described as totaling two hundred and eighty -two acres and being located at
approximately the northeast corner of East 106th Street North and North Memorial Drive and
South of East 106th Street North and west of the Railroad; 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 -05.
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:
TRACT A:
THE SOUTHWEST QUARTER (SW /4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13
EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA; LESS AND EXCEPT A TRACT OF
LAND BEGINNING AT A POINT THAT IS 826.92 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID SECTION 12, THENCE NORTH ALONG THE WEST LINE OF SECTION
12 A DISTANCE OF 608.13 FEET, THENCE NORTH 89 037'17" E A DISTANCE OF 227.64
FEET, THENCE S 65 014'52" E A DISTANCE OF 651.28 FEET, THENCE S 47 004'18" E A
DISTANCE OF 84.93 FEET, THENCE S 3 05614" E A DISTANCE OF 257.74 FEET, THENCE S
88 002'35' W A DISTANCE OF 126.34 FEET, THENCE S 88 041'28" W A DISTANCE OF
772.89 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 150.12 ACRES MORE OR LESS; and,
A tract of land, being more particularly described as follows:
TRACT B:
A PART OF THE EAST HALF (E /2) OF SECTION 13, TOWNSHIP 21. NORTH, RANGE 13
EAST OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF NE /4 OF NW /4 OF NE /4 OF SECTION
13; THENCE N 88 134'57" E ALONG THE NORTH LINE OF SECTION 13 FOR 292.05 FEET;
THENCE S 0 05'19" E FOR 658.63 FEET TO A POINT ON THE SOUTH LINE OF THE NE /4 OF
NW /4 OF NE /4; THENCE N 88 °33'45" E FOR 381.01 FEET TO THE NORTHEAST CORNER
OF THE SE /4 OF NW /4 OF NE /4; THENCE S 1 °06'11" E FOR 658.37 FEET TO THE
SOUTHEAST CORNER OF NW /4 OF NE /4; THENCE N 88 032'34" E FOR 661.57 FEET TO
THE SOUTHEAST CORNER OF THE SW /4 OF NE /4 OF NE /4; THENCE N 1'01'37" W FOR
673.60 FEET; THENCE N 88 °34'57" E FOR 616.62 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY OF THE A.T. &S.F. RAILROAD; THENCE S 14 06'12" W ALONG SAID
RAILROAD RIGHT OF WAY FOR 4803.30 FEET TO A POINT ON THE SOUTH LINE OF
Page 1 of 3
Ordinance 1144
SECTION 13; THENCE S 88 °24'55" W ALONG SAID SOUTH LINE FOR 662.00 FEET TO
THE SOUTHWEST CORNER OF THE SE/4 OF SW /4 OF SE /4; THENCE N 1010'53'W FOR
2634.64 FEET TO THE NORTHWEST CORNER OF THE NE/4 OF NW /4 OF SE /4; THENCE
N 1 °10'44" W FOR 2634.39 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 132.07 ACRES MORE OR LESS.
The same are hereby detached and removed from the corporate limits of the City of Owasso,
Oklahoma, and its corporate limits thereof.
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 April 3, 2019.
SECTION 5.
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 detached.
PASSED by the City Council of the City of Owasso, Oklahoma o e 1 day o anuary, 2019.
Chris Kelley, Mayor
TTEST:
ovr�c'''E
r.
,r
Clerk
APP VED as to form and legality this �t day of -4 r,4 • , 2019.
Juli ombardi, City Attorney
Page 2 of 3
Ordinance 1144
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P.O. Box 1770
TULSA, OK 74102 -1770 1015023
CITY OF OWASSO /LEGALS Date
Attn Julie Stevens
PO BOX 160 January 23, 2019
OWASSO, OK 74055
Date Category Description Ad Size Total Cost
01/23/2019 Legal Notices ORDINANCE 1144 2x 110.00 CL 140.80
5,10700
Published In the Owasso Reporter, Owasso, Tulsa Coun.
N, Oklahoma, January 23, 2019.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1141
AN ORDINANCE DETACHING FROM THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TER-
RITORY, REFERENCED IN APPLICATION OA 19 -05
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT
WHEREAS, Public hearings have been held regarding
the request for detachment of two Propertles described
as totaling two hundred and eighty -two acres and being
of
OF
'ty referenced In application OA
RE IT ORDAINED BY THE COUN-
OWASSO, OKLAHOMA, THAT TO
being more Particularly described as fol-
CONTAINS 150,12 ACRES MORE OR
being more Particularly described as fol-
OF SECTION
13 EAST OF
CORNER OF
13; THENCE
INE OF SEC -
S 0' S' 19' E
CONTAINS 13207 - ACRES MORE OR
hereby detached and removed from the
5 of the City of Owasso, Oklahoma, and Its
thereof.
or parts of ordinances, In conflict with
are hereby repealed to the extent of the
of this ordinance are deemed uncon.
,i t eitieneful Ifre anf i Ineffective, the remaining tl o
of
this ordinance sholI become effective
prl13 2015 -
SE Were shall be filed in the office of the County Clerk of
TUIM 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, Okla-
homa on the 15th day of January, 2079.
/s/ Chris Kelley. Mayor
ATTEST: /s/ Juliann M. Stevens, City Clerk
APPROVED as to form and legality this 15th day of Jam
uary, 2019 /s/ Julie Lombardi, City Attorney
Affidavit of Publication
I, Melissa Marshall , 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 DATES) LISTED BELOW
01/23/2019
Newspaper reference: 0000540700
2?
Legal Representative
Sworn to and subscribed before me this date:
JAN 2 3 2019
1
My Commission expires:
DEC 0 8 2022
____ _______________________________
( AT q \
NANCY CAROL MOORE
i`SOL
Notary Public
State of Oklahoma
Commission _ # 06011684 Expires 12108/22
APPROVED BY COUNCIL
REAL P.P10 - REAL Cftanebr •REAL Communlry
JAN 15 2019
TO: Honorable Mayor and City Council
FROM: Morgan M. Pemberton
Assistant City Planner
SUBJECT: Ordinance 1144, Deannexation (OA 18 -05)
DATE: January 11, 2019
BACKGROUND:
The Community Development Department received a request for the deannexation of
approximately two hundred and eighty -two (282) acres divided between two pieces of property
on either side of East 106th Street North. The first property is on the northeast comer of East 106th
Street North & North Memorial Drive and is approximately 150.12 acres in size. The second piece
of property is south of East 106th Street North on the west side of the railroad tracks and is
approximately 132.07 acres in size. Both properties were annexed into Owasso city limits with
Ordinance 718 in 2002.
SURROUNDING LAND USE -TRACT #1:
Direction
Current Zoning
Current Use
Land Use
Jurisdiction
North
AG (Agriculture)
Residential
Master Plan
Tulsa County
North
AGR (Agriculture Residential Single-
Residential
Residential
Tulsa County
East
Family)
Undeveloped
Residential
City of Owasso
RE (Residential Single - Family Estate)
Residential &
Commercial/
South
& AG (Agriculture)
Residential
Transitional/
Tulsa County
& AG (Agriculture)
Residential
AGR (Agriculture Residential Single -
East
Family)
Residential
Residential
Tulsa County
& AG (Agriculture)
West
AG (Agriculture)
Residential
N/A
Tulsa County
SURROUNDING LAND USE -TRACT #2:
Direction
Current Zoning
Current Use
Land Use
Master Plan
Jurisdiction
North
AG (Agriculture)
Residential
Residential
Tulsa County
South
AG (Agriculture)
Undeveloped
Residential
Tulsa County
East
AG (Agriculture)
Undeveloped
Residential
City of Owasso
RE (Residential Single- Family
Residential &
West
Estate)
Undeveloped
Residential
Tulsa County
& AG (Agriculture)
SUBJECT PROPERTY /PROJECT DATA:
ANALYSIS:
The subject properties were initially annexed into Owasso city limits with the intent of developing
a single - family residential subdivision. When the properties were annexed in 2002, with
Ordinance 718, the right -of -way along East 1061h Street North between the two properties was
included in the annexation. In this deannexation request, this right -of -way would remain within
Owasso city limits.
The applicant with the majority parcel intends to build a residential development on the subject
properties. The applicant is requesting deannexation. At the time of annexation in 2002, the city
intended to provide water service to any potential development on the subject properties. The
city is unable to provide such water service, therefore, according to state statute, the property
owner may petition for deannexation after ten of years from the date of annexation.
PLANNING COMMISSION:
The Planning Commission voted 5 -0 to recommend approval at their meeting on January 7,
2019.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1144, removing the subject properties identified in OA
18 -05 from the corporate limits of Owasso.
ATTACHMENTS:
Ordinance 1144
Total - 282 acres +/-
Property Size
Tract #I - 150.12 acres +/-
Tract #2 - 132.07 acres +/-
Current Zoning
Tract #I - RE (Residential Estate)
Tract #2 - RS -3 (Residential Single - Family High Density)
Land Use Master Plan
Residential (Both Tracts)
Within Overlay District?
No (Both Tracts)
Water Provider
Washington County Rural Water District #3 (Both Tracts)
ANALYSIS:
The subject properties were initially annexed into Owasso city limits with the intent of developing
a single - family residential subdivision. When the properties were annexed in 2002, with
Ordinance 718, the right -of -way along East 1061h Street North between the two properties was
included in the annexation. In this deannexation request, this right -of -way would remain within
Owasso city limits.
The applicant with the majority parcel intends to build a residential development on the subject
properties. The applicant is requesting deannexation. At the time of annexation in 2002, the city
intended to provide water service to any potential development on the subject properties. The
city is unable to provide such water service, therefore, according to state statute, the property
owner may petition for deannexation after ten of years from the date of annexation.
PLANNING COMMISSION:
The Planning Commission voted 5 -0 to recommend approval at their meeting on January 7,
2019.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1144, removing the subject properties identified in OA
18 -05 from the corporate limits of Owasso.
ATTACHMENTS:
Ordinance 1144