HomeMy WebLinkAbout1178_De-annex Warf at Stone CanyonDoc N 2021- 009666 hOGF,q
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Jeanne M. Heidlaga, Rogers County Clerk n
Rogers County - State of Oklahoma °
kCANO� r
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1178
AN ORDINANCE DETACHING FROM THE CORPORATE LIMITS OF THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN
APPLICATION OA 21 -02 AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT
WHEREAS, public hearings have been held regarding the request for de- annexation of
property located near North 177th East Avenue and North Patriot Drive (The Wharf at Stone
Canyon); and,
WHEREAS, the Owasso City Council has considered the recommendation of the Owasso
Planning Commission, and all statements for or against the requested de- annexation of the
property referenced in application OA 21 -02.
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:
LOCATED IN THE SOUTHEAST QUARTER (SE /4) OF SECTION THIRTY -FIVE (35) AND IN
THE SOUTHWEST QUARTER (SW /4) OF SECTION THIRTY -SIX (36) OF TOWNSHIP
TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE
AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY,
THEREOF; ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF SECTION 36, T -21 -N, R -14 -E, I.B. &M.; THENCE N
88 046'38 "E ALONG THE SOUTH LINE OF SAID SECTION 36 A DISTANCE OF 725.22
FEET TO THE PRESENT RIGHT -OF -WAY OF NORTH 177TH EAST AVENUE; THENCE
ALONG SAID PRESENT RIGHT -OF -WAY BEING ON A CURVE TO THE LEFT HAVING A
RADIUS OF 1550.00 FEET, WITH A CENTRAL ANGLE OF 03 042'56 ", A CHORD
BEARING OF N 32058'50"E, A CHORD LENGTH OF 100.50 FEET, FOR A DISTANCE OF
100.52 FEET; THENCE S 89 010'11 "W A DISTANCE OF 122.65 FEET; THENCE N
89 053'18 "W A DISTANCE OF 212.04 FEET; THENCE N 82 °28'50 "W A DISTANCE OF
198.45 FEET; THENCE N 70 043'44 "W A DISTANCE OF 268.23 FEET TO THE WEST LINE
OF SAID SECTION 36; THENCE N 70 043'44 "W ENTERING SECTION 35, T -21 -N, R -14 -E
A DISTANCE OF 24.53 FEET; THENCE N 78 032'50 "W A DISTANCE OF 178.24 FEET;
THENCE S 87 036'32 "W A DISTANCE OF 269.91 FEET; THENCE S 84 000'07 "W A
DISTANCE OF 146.00 FEET; THENCE S 80 °13'33 "W A DISTANCE OF 122.07 FEET;
THENCE S 88 022'35 "W A DISTANCE OF 245.61 FEET; THENCE S 86 °30'26 "W A
DISTANCE OF 350.91 FEET; THENCE S 77 018'22 "W A DISTANCE OF 140.53 FEET;
THENCE S 54 029'28 "W A DISTANCE OF 84.23 FEET; THENCE S 71 040'00 "W A
DISTANCE OF 196.42 FEET; THENCE S 76 °25'16 "W A DISTANCE OF 355.41 FEET TO
THE SOUTH LINE OF SAID SECTION 35; THENCE N 88 046'38 "E A DISTANCE OF
2071.70 FEET TO THE POINT OF BEGINNING, AND CONTAINING 10.81 ACRES, MORE
OR LESS.
BASIS OF BEARING IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM.
3
The same is hereby de- annexed from the City of Owasso,. Oklahoma, and its corporate limits
SECTION 2.
From and after the passage and publication of this Ordinance, the real estate and territory
described above shall be removed from the City of Owasso, Oklahoma.
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 thirty (30) days from the date of final
passage as provided by state law.
SECTION 6.
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 AND APPROVED this 181h day of May, 2021.
Bill Bush, ayor
Clerk
U
W OAS <. j�r
APP OVIED AS TO FORM:
Juli f ombardi, City Attorney
Ordinance 1178
Page 2 of 3
Subject Tract
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IV
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Note: Grephli overlays may 1 0 125 250 500
not precisely align ero physical ®STracCf OA 21 -02 35 21 -14 &
features on the ground. Tract DE- ANNEXATION I 1 Feet I 36 21 -14
Aerial Photo Date: February 2018
Weekly
Group
CITY OF OWASSO /LEGALS
Arm Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter' Sand Springs Leader
Sklatook Journal
Wagoner Couniy American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
May 26, 2021
Date Category Description Ad Size Total Cost
0512612021 Legal Notices ORDINANCE 1178 2 x 84.00 CL 107.52
705038
Published In the Owasso Reporter, Owasso, Tulsa County
Oklahoma, May 26, 2021
CITY OF OWASSO, OKLAHOMA ORDINANCE 1178:
DETACHING FROM THE CORPORATE LIMITS OF THE
CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS
AND TERRITORY, REFERENCED IN APPLICATION OA
21.02 AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT
WHEREAS, public hearings have been held regarding the re-
quest for de- annexation of property located near North Into
East Avenue and North Patriot Drive (The Wharf at Stone
e Owasso City Council has considered the rec-
of the Owasso Planning Commission, and all
or against the requested de- annexation of the
:need In application OA 211x2.
FORE, BE IT ORDAINED BY THE COUNCIL
OF OWASSO, OKLAHOMA, THAT TO WIT:
OF
(21)
3rticularly described as follows:
Affidavit of Publication
1, � 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
BEING MORE PARTICULARLY DESCRIBED AS FOL-
05/26/2021
LOWS:
BEGINNING AT THE SW CORNER OF SECTION M, T -21 -N,
Newspaper reference: 0000705030
R -IbE, I,B.BM.; THENCE N 88'46'38'E ALONG THE
SOUTH LINE OF SAID SECTION 36 A DISTANCE OF 725.22
FEET TO THE PRESENT RIGHT -OF -WAY OF NORTH
177TH EAST AVENUE; THENCE ALONG SAID PRESENT
,t
RIGHT -OF -WAY BEING ON A CURVE TO THE LEFT HAY-
ING A RADIUS OF 1550.00 FEET, WITH A CENTRAL AN-
GLE OF 03'42'56', A CHORD BEARING OF N M2 58'50'E , A
CHORD LENGTH OF 100.R) FEET; FOR A DISTANCE OF
_ _
Legal Re
100.52 FEET; THENCE S 89'10'11'W A DISTANCE OF 122.65
9 P re sentative
FEET; THENCE N 09.53'18'W A DISTANCE OF 212.04
FEET; THENCE N 92.28'SO -W A DISTANCE OF 198.45
(HENCE N 79'43'44 -W ENTERING SECTION 35, T -21 -N, R.
Id-E A DISTANCE OF 24.53 FEET; THENCE N 78n2'S0'W
A DISTANCE OF 178.24 FEET; THENCE S 87. 36132 -W A
DISTANCE OF 269.91 FEET; THENCE S B4'00'07'W A DIS.
TANCE OF 146.00 FEET; THENCE 5 80'lTM'W A DIS-
TANCE OF 122.07 FEET; THENCE 5 81 A DIS.
TANCE OF 245.61 FEET; THENCE 5 8670126 -W A DIS-
TANCE OF 350.91 FEET; THENCE S 77'18'22 -W A DIS-
TANCE OF 14153 FEET; THENCE 5 54. 2928 -W A DIS.
TANCE OF 84.23 FEET; THENCE S 71'40'00'W A DIS.
TANCE OF 196.42 FEET; THENCE 5 76'Vl6 -W A DIS-
TANCE OF 355.41 FEET TO THE SOUTH LINE OF SAID
SECTION 35; THENCE N 88'Z'38 -E A DISTANCE OF
2071.70 FEET TO THE POINT OF BEGINNING, AND CON-
TAINING 10.01 ACRES, MORE OR LESS.
BASIS OF BEARING IS THE OKLAHOMA STATE PLANE
COORDINATE SYSTEM.
The some is hereby de-annexed from the City of Owasso,
Oklahoma, and its corporate limits.
SECTION 2. From and after the Passage and Publication of
this Ordinance, the real estate and territory described above
shall be removed from the City of Owasso, Oklahoma.
SECTION 3. All ordinances or parts of ordinances, In conflict
with this ordinance are hereby repealed to the extent of the
becTION ,o. If any part or Paris of this ordinance Oro
deemetl 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 ef-
fective thirty (30) days from the date of final Passage as Pro-
vided by state law.
SECTION 6. 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 AND APPROVED this fifth day of May, 2021. /s/ 8111
Bush, Mayor
ATTEST:A/Juliunn M. Stevens, City Clerk
APPROVED AS TO FORM: N Julie Lombardi, City Attorney
Sworn to and subscribed before me this date:
tI /Iy/
ahqk
Rotary Public Y lY/r
My Commission expires: �. 13, Za4'
NOTARY PUBLIC- "LEY CNNER
STA7EE OF O OKLAHOMA My COMMISSION SIRES OCT. 13, 2024
COMMISSION #20012672
TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen
Planning Manager
SUBJECT: Ordinance 1178, De- annexation (OA 21 -02) near North 177th East Avenue and
North Patriot Drive -The Wharf at Stone Canyon
DATE: May 14, 2021
BACKGROUND:
The Community Development Department received a request for the de- annexation of
approximately 10.81 acres of property near North 177th East Avenue and North Patriot Drive (The
Wharf at Stone Canyon). The property was annexed into Owasso City Limits with Ordinance 934
in 2008, which included a portion of the Stone Canyon Planned Unit Development (PUD).
SURROUNDING LAND USE:
Direction
Current Zoning
Current Use
Land Use
Jurisdiction
Neighborhood Mixed Use
Within Overlay District?
No
Master Plan
Rogers County Rural Water District #3
North
RS 20, RS -3 Residential Single-Family)
Undeveloped
Residential
Owasso
South
Stone Canyon PUD
Residential
N/A
Rogers
Count
East
RS 20, RS-3 (Residential Single - Family)
Residential
Residential
Rogers
Count
West
RS 20, RS -3 Residential Single-Family)
Undeveloped
Residential
Owasso
SUBJECT PROPERTY DATA:
Property Size
Total — 10,81 acres +/-
Current Zoning
Stone Canyon PUD
Residential Single-Family High Density RS -3
Land Use Master Plan
Neighborhood Mixed Use
Within Overlay District?
No
Water Provider
Rogers County Rural Water District #3
ANALYSIS:
The subject property, which falls within the Stone Canyon PUD approved in Rogers County, was
annexed into the Owasso City limits in 2008 with Ordinance 934. The PUD identified this area for
single family homes on a minimum A acre lots. With the exception of Stone Canyon Elementary
and the new Hawthorn at Stone Canyon subdivision, most of the development within the PUD
has occurred in Rogers County and outside of the City limits. Such is the case with the subject
property, in which the plat is being approved in Rogers County.
Upon preparing the plat for this subdivision, the applicant noticed 10.81 acres of the 59.35 acre
subdivision was within the Owasso City limit boundary and the Owasso fenceline bisects the
subdivision. A subdivision where only a few of the lots are inside the City limits, while others are
OA 21 -02
Page 2 of 2
within Rogers County, does not follow sound planning principals and can make for logistical
issues for Police, Fire and ambulance response. Additionally, the lots within this subdivision are
proposed to be on aerobic sewer systems, as opposed to a municipal collection system. The
City does not permit aerobic systems inside the City limits.
In summary, staff believes there is no substantial benefit to having only a portion of this
subdivision inside the City limits, with the remaining portion in the County, and does not foresee
detaching this small portion of a larger subdivision as creating a negative impact.
PLANNING COMMISSION:
The Owasso Planning Commission voted 4 -0 to recommended approval of de- annexation
request OA 21 -02 at their regular meeting on May 10, 2021.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1 178.
ATTACHMENTS:
Ordinance 1178
Zoning Map
GrOwasso 2030 Land Use Master Plan Map
Legal Exhibits