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HomeMy WebLinkAbout1145_OA 18-06_ 12429 N 135 E AveTulsa County Clerk - Michael Willis Doe p 2019005439 Page(s): 3 01/22/2019 12:17:29 PM •:: sP.a;• Receipt q 19 -3466 Kok.. P Fee: $ 17.00 cgHOM CITT or uWASSO, OKLAHOMA ORDINANCE 1145 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -06 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property located at 12429 North 135th 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 annexation of the property referenced in application OA 18 -06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land located at 12429 North 135th East Avenue, being more particularly described as follows: THE NORTH 220 FEET OF THE SOUTH 660 FEET OF THE EAST HALF OF LOT THREE (3) A /K /A THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE 14 NW /4) OF SECTION FOUR (4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE WEST 50 FEET THEREOF; AND LESS AND EXCEPT A TRACT BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (SE /4 NE /4 NW /4) OF SAID SECTION FOUR (4), THENCE WEST ALONG THE NORTH LINE OF SAID SE /4 NE /4 NW /4 A DISTANCE OF 329.33 FEET; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 497.96 FEET A DISTANCE OF 97.61 FEET; THENCE CONTINUING SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1834.86 FEET A DISTANCE OF 142.73 FEET; THENCE EAST A DISTANCE OF 234.40 FEET TO A POINT ON THE EAST LINE OF SAID SE /4 NE /4 NW /4; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits. 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 Ward 1. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Page 1 of 3 Ordinance 1145 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 April 3, 2019. 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 APP D this day of January, 2019 Chris Kell , ayor V�- At nv ;ctA " . APPRiA&7a`FORM: Julie I/bmbardi, City Attorney Page 2 of 3 Ordinance 1145 Aerial Photo OA 18-06 sd REAL PaopN • REAL Chanebr •REAL Communlry TO: Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Ordinance 1 145 Annexation (OA 18-06) DATE: January 11, 2019 BACKGROUND: APPROVED BY COUNCIL JAN 15 2019 The Community Development Department received a request for annexation of property located at 12429 North 135th East Avenue, which is on the east side of North 135th East Avenue just south of the entrance to US -169. The subject property is approximately 1.68 acres in size and is currently zoned AG (Agriculture) in Tulsa County. Upon annexation, the property would be brought into Owasso city limits as AG (Agriculture). SURROUNDING LAND USE: Direction Current Zoning Current Use Land Use Master Plan Jurisdiction North AG (Agriculture) Undeveloped Residential Tulsa County South AG (Agriculture) Residential Residential Tulsa County East AG (Agriculture) Highway N/A Tulsa County West OPUD 05 -02A / RS -3 (Residential Single- Family High Density) Undeveloped Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.68 acres +/- Current Zoning AG (Agriculture) Proposed Zoning Upon Annexation AG (Agriculture) Land Use Master Plan Residential Within PUD? No Within Overlay District? Yes (US -169 Overlay District) Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Morrow Lift Station ($3,146.00 per acre) Ranch Creek Sanitary Sewer ($610.33 per acre) ANALYSIS: The property is contiguous with Owasso city limits on the western property line. The subject property is currently undeveloped, and property that is annexed into Owasso city limits is typically annexed under AG zoning unless otherwise requested by the applicant. The applicant requests that the property retain its current zoning upon annexation. The GrOwasso 2030 Land Use Master Plan identifies the subject property for residential land uses. Because no specific development plans are in place for the property, retaining the AG zoning at this time is appropriate at this time. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the property upon annexation. Water service would be provided to the property by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. Any future rezoning case for this property would be evaluated using the GrOwasso 2030 Land Use Master Plan. PLANNING COMMISSION: The Planning Commission voted 5 -0 to recommend approval at their meeting on January 7, 2019. RECOMMENDATION: Staff recommends adoption of Ordinance 1145, annexing the subject property identified in OA 18 -06 into Owasso city limits with the zoning of AG (Agriculture). ATTACHMENTS: Ordinance 1145 Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit Zoning Map OA 18 -06 N m E -126th PIN I E 12611 St N I 126th St ^,! m X l< C N P �O 2 r 126th. St N 1 Land Use Master Plan Map OA 18 -06 E 126th St N SUBJECT PROPERTY Fj 0 N r 0 I ■ Am Right of Way Easement, Book 4619, Page 1275; Contalm In,IalRdent in' ..an., to determine its direct, if arty, on this impeM. Right of Way Easement Book 4619, Page 1276; Contains Insulliclent information to determine its affect, if any, on III, PmEmay. LESS & WCTU P/F RWIED Fs"mc SERVICE CARTE ESMT (M'a oR TT PR EIL PRILUING LINE " MWNAGE EASEMENT WE up "I's EASEMENT FM ELECTIVE METER 280.67'± MORTGAGE INSPECTION PLAT ' LEGAL DESCRIPTION AS PROVIDED: PROJECT NO: 184738.565 MORTGAGOR: Donald Hutchison 8, Karen Hutchison THE NORTH TWO HUNDRED TWENTY (220) FEET' OF THE SOUTH SIX HUNDRED SIXTY (660) FEET OF THE EAST HALF (E /2) LOT TH FEE (3)A/K /A THE NORTH EAST DUARTE R OF TH E NORTHWEST QUARTER (NE /4 NW /4) O F SECTION FOUR CLIENT: First American Title &Trust Company (4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA American Bank of Oklahoma COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS & EXCEPT: File NO.: 2357866TU06 BEGINNING AT THE NE CORNER OF SAID SE /4 NV4 NW /4; THENCE WEST ALONG THE NORTH LINE OF SAID SE /4 NE /4 NW /4 A DISTANCE OF 329.33 FEET; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 497.96 FEET A DISTANCE OF 97.61 FEET, THENCE CONTINUING SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1834.86 FEET A DISTANCE OF 142.73 FEET, THENCE EAST A DISTANCE OF 234.40 FEET TO A POINT ON This property is located in flood zone rX- UNSNADEO' as per FIRM Community Panel No. 400462 Runs, as last THE EAST LINE OF SAID SE /4 NE /4 NW /4; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 220.00 FEET TO THE revisednuguH3, 2009. POINT OF BEGINNING; LESS & EXCEPT: THE WEST 50 FEET FOR ROADWAY, AND KNOWN AS 12429 NORTH 135th EAST M;"0/1' AVENUE. Property included within the lands described In Righl of Way, Conc Book Beat, Page 16. Right of Way Easement, Book 4619, Page 1275; Contalm In,IalRdent in' ..an., to determine its direct, if arty, on this impeM. Right of Way Easement Book 4619, Page 1276; Contains Insulliclent information to determine its affect, if any, on III, PmEmay. LESS & WCTU P/F RWIED Fs"mc SERVICE CARTE ESMT (M'a oR TT PR EIL PRILUING LINE " MWNAGE EASEMENT WE up "I's EASEMENT FM ELECTIVE METER 280.67'± 329.33' LESS & EXCEPT Meta/ .t on n Gravel 234.40' aex a.F.uhr _ der N W E S LOCATION MAP SURVEYOR'S STATEMENT Harden E A:mant, Surveying and Mapplag, PC, an Oklahoma corporation, and The undtvugne l Pertudled prolessional Land Surns,, and.KrcHLnte of Autnerhaacch No. .656 mnawal dateame 312019, do la—irr sate 11,11 in our durdmamnal npginn the an n, Im altarn plat sM1om the dweglug as Treated on Ind Emmlees d— bed, that 11 Is crui,rdy within na ricanbed Had boundaries, and there arc no enmoacMnents thereon by NdMe p,—an Mt improvements, annte as Ind -Had: than Ind above InspeeCOn Plat andwa ag Peearded Plat eassmdnls aM aNer such elements which nave been di chned by a current Title orison or by Cammnmem, far ntle Insurance and copies n eof provldad to He tner His Inspection Plat w>s prepnM for iden[fcatian purposes only for Had armst,ee and I: not a Load cr round, use survey; that m, noresu, comers wvr ran, and Is notm be ueN or«lied.Wn 1, Hre mranuhnenl nl f-ar, Is Earn, or nOmr I¢pmvements: that rmtlergrounJ as abode ¢round ulilitids were act field loaned and ...ekam are adl snows on in, Inspacnon Plat raids, Hocifieanv r,.aHrd ny me carne nuuhls Instruction Plat Is prepared sa!ek lorthe client tried hereon as of this date and may nos be usN fair any .bsequent loan donne refinance, or onim, nursacucn and due re msponubYlty or later, Is Innuorrad herein or hereby to the Present re future land ownerora[cupanc WITNESS 50' ' 1 -Story Brick& w Frame > 1 -Story Q .k;0• M;"0/1' w o Conc N ) ) —CONE 329.33' LESS & EXCEPT Meta/ .t on n Gravel 234.40' aex a.F.uhr _ der N W E S LOCATION MAP SURVEYOR'S STATEMENT Harden E A:mant, Surveying and Mapplag, PC, an Oklahoma corporation, and The undtvugne l Pertudled prolessional Land Surns,, and.KrcHLnte of Autnerhaacch No. .656 mnawal dateame 312019, do la—irr sate 11,11 in our durdmamnal npginn the an n, Im altarn plat sM1om the dweglug as Treated on Ind Emmlees d— bed, that 11 Is crui,rdy within na ricanbed Had boundaries, and there arc no enmoacMnents thereon by NdMe p,—an Mt improvements, annte as Ind -Had: than Ind above InspeeCOn Plat andwa ag Peearded Plat eassmdnls aM aNer such elements which nave been di chned by a current Title orison or by Cammnmem, far ntle Insurance and copies n eof provldad to He tner His Inspection Plat w>s prepnM for iden[fcatian purposes only for Had armst,ee and I: not a Load cr round, use survey; that m, noresu, comers wvr ran, and Is notm be ueN or«lied.Wn 1, Hre mranuhnenl nl f-ar, Is Earn, or nOmr I¢pmvements: that rmtlergrounJ as abode ¢round ulilitids were act field loaned and ...ekam are adl snows on in, Inspacnon Plat raids, Hocifieanv r,.aHrd ny me carne nuuhls Instruction Plat Is prepared sa!ek lorthe client tried hereon as of this date and may nos be usN fair any .bsequent loan donne refinance, or onim, nursacucn and due re msponubYlty or later, Is Innuorrad herein or hereby to the Present re future land ownerora[cupanc WITNESS Weekly Group CITY OF OWASSOILEGALS Attn Julie Stevens PO BOX 180 OWASSO. OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American•Trlbune OKLAHOMA WEEKLY GROUP Account Number P.O. BOX 1770 TULSA, OK 74102.1770 1015023 Date January 23, 2019 Date Category Description Ad Size Total Cost 01123/2019 Legal Notices ORDINANCE 1145 2 x 90.00 CL 115.20 54070 Published In the Owasso Reporter, Owasso, Tulsa Coun. ty, Oklahoma, Jam." 23, 2019. CITY OF ORDINANCE 1195 HOMA AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHO- MA, ADDITIONAL LANDS AND TERRITORY,REF- E RENCED IN APPLICATION OA 18 48 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property located of 12429 North 13511% East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis- sion and all statements far or against the requested an- nexation of the property referenced in application OA 18- NOW, THEREFORE, BE IT ORDAINED BY THE COUN- the same Is hereby annexed to, made a Part of, and add- ed to the City of Owasso, Oklahoma, and Its corporate Imits. All Persons residing therein, and all property situ - �ted thereon, shall be subiect to the turlsdictlan control, w as, and ordinances of the City of Owosso, 0 lohoma, 'n all respects and particulars. S l0 2. ram antl real she Passage and publication of this shall Ordi- nance, the real estate and territory described above shall Pe a purl of the City of Owasso, Oklahoma, and In Word SECTION 3. All ordinances or parts of ordinances, In conflict with this ordinance are hereby repealed to the extent of the 5 C IctOO Y. If an yy part or Parts of this ordinance are deemed uncon- stisut Pool, Invalid or ineffective, the remaining Portion shall not be affected but shall remain in full force and ef- fect. SECTION 5. Thpe revisions of this ordinance shall become effective SEC 3, 2016. Thera shall be filed In the office of the County Clerk of Tulsa antl correct aap of the territory annexed f this PASSED by the City Council of the City of Owasso, Okla- homa on the 15th day of January, 2019. "Chris Kelley. Mayor ATTEST: IV Juliann M. Stevens, City Clerk APPROVED as to form and legality this 15th day of Jon - uary, 2019 Is/ Julie Lombardi, City Attorney Affidavit of Publication 1, 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 DATE(S) LISTED BELOW 01/23/2019 Newspaper reference: 0000540705 `n Legal Representative Sworn to and subscribed before me this date: JAN 2 3 2019 Notary Public My Commission expires: DEC 0 8 2022 _ _- /� NANCY CAROL is MOORE ( sE�L Notary Public �, B State of Oklahoma Commission # 06011684 Expires 12108/22