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HomeMy WebLinkAbout495_Annexation_126.805 acres_SE 96th St N & Garnett Rd_SmithTULSA COUNTY CLERK - JUAN HASTINGS RCPT 92615 05/10/95 09:75:54 DOC # 95039699 FEE 0.00 PGS 4 13 /P 5712/0234 -0237 CITY OF OWASSO, OKLAHOMA 5712 0234 ORDINANCE NO 495 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Municipal Code, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three- fourths of the Iegal voters and owners of not less than three - fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on March 21, 1995 at 7:00 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 21st day of March, 1995, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Municipal Code, and further, that proper legal notice of presentation of said petition had been given; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Municipal Code, and more particularly described as follows, to -wit: All that part of the northwest quarter (NW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US Government Survey thereof lying north and west of the westerly right -of -way of US Highway 169 more particularly described as follows, to-wit: Beginning at the southwest corner of said NW/4, thence N 0°12'26 "W along the west line of said NW/4 for 2638.46 feet to the northwest corner thereof, thence N 88°44'59 "E along the north line of said NW 14 for 2651.53 feet to the northeast corner thereof, thence S 01°14'06"E along the east line of said NW /4 for 998.20 feet to the point of intersection of the east line of said NW/4 and the westerly right -of- way of said US Highway 169, thence S 48°54'01 "W along said right-of-way line for 1193.92 feet, thence on a curve to the left along said right-of-way line having a radius of 5230.51 feet and a central angle of 13°14'19" for 1208.46 feet to a point on the south line of said NW/4, thence S 88°41'16 "W along said south line for 906.08 feet to the point of begirming. AND All that part of the northeast quarter of the northwest quarter of the southwest quarter (NE/4 NW/4 SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US Government Survey thereof lying north and west of the westerly right-of-way of Highway 169 and more particularly described as follows, to-wit: Beginning at the point of intersection of said westerly right-of-way of Highway 169 and the north line of said NE/4 of the NW/4 of the SW/4, thence southwesterly along the said westerly right-of-way of Highway 169 on a curve to the left having a radius of 5712 0235 5230.51 feet and a central angle of 04°41'43" for 428.63 feet to a point on the west line of said NE/4 of the NW/4 of the SW/4, thence N 01'12'51"W along said west line of said NE/4 of the NW/4 of the SW/4 for 352.60 feet to the northwest corner thereof, thence N 88°41'16"E along the north line thereof for 242.88 feet to the point of beginning containing 126.805 acres more or less. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 21st day of March 1995. Jerry Duke, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney 5712 0236 5712 0237 STATE OF OKLAIIOMA, TULSA COUNTY : Dill R. Retherford, of lawful age, being duly sworn and authorized, says that lie is the publisher of the OWASSO REPORTER n weekly nowspnper printed in the city or OWASSO "hilsa County, Ohlallomn, a newypnperqualified to publish legal notices, ndvertisenlen4s find publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1993 as amended, and LherenRer, and complies with all other requirements of the laws of Oklnllonln with reference to legal publications. Thnt said no Lice, it true copy of which is attached liereto, was pubiinhed in the regular edition of said newspnper during the period and tinlo or publication and Hot in n Supplement, on the following dates: MARCH 30, 199 5 sworn to before me this 30th 3 -20 -97 PUBLISHER'S FEE $112.56 Published In trio Owasso Popular, Owasso, Tulsa County, Oklahoma. March 30, 1995. CITY OF OWASSO, OKLAHOMA ORDINANCE NO 495 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAFOMA, ADDITIONAL LANDS AND TERRI. TORY IN SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING'DIA1 FROM AND AFTER THE PASSAGE AND PUBII. CATION OF TI IIS ORDINANCE THAT ALL OF THE REAL PROPER- TY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL RE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDI- NANCES OF THE CITY OF OWASSO. OKLAHOMA, ESTADLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECT - No THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, at sort., of Ilia Okiahorna Municipal Code, the City of Owasso Is permitted Is annex additional territory providing a petition in valing, signed by not loss Than threo -lour lis of the legal voters and owners of no; lass than three. Iowths (In value) of the property hereinafter describod, the same being con- tiguous to the corporate limits of the Cry of Owasso, requesting flat sold property be annoxed and added to the City of Owasso Is submitted; and WHEREAS. notice of the presentation of said Petition wan given by the Petitioner by publication In the Owasso Reporter, a nevrspapar of Demand cliculation published In the City of Owasso, Oklahoma, and notice vial giv. en that said Poulton would be considered by the Cry Council of the City of Owasso, at a meeting to to hold on March 21, 1995x17:00 PM at the Community Center, Owasso Oklahoma; and WHEREAS, on the 21st day of March, 1095, said Petition was duty con, sidomd by the City Council and was determined to have romplled wl:h Ina provisions at Title 11, Socllon 21 -103, of seq., of the Oklahoma Municipal Code, and lurthoq that proper legal notice of presentation of sold petition had boon given; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CRY OF OWASSO, OKLAHOMA. Section 1. That the following described territory tyln99 In Tulsa County, Oklahoma which Is contiguous lathe present comorato limits of Ibo City of Owasso and dercrlbod In the potion presented to the City Council in accordanco with the provisions of Title ii, Section 21 -103, at sort., of the Oklahoma Municipal Cade, and mare panicular:y described as follows, to, will All that pan of the northwest quadur (,VW 14) of Suction 20, Tmvnship 21 North, Flange 14 East of the Indian Base and Meridian, Tulsa County. Slate of Oklahoma, according to The US Govommont Survey thereof lying north and west of the westerly right-of-way, of US High. way 169 more particularly described as follows. to -wall: Beginning at the southwest cmnor of said NW /4, then N 01.12'26•W along the wool line of said NW /4 for 2638.46 feet to the northwest corner there- of, thence N 08.44'59'E along the north line of said NW,4 ,'or 2651.53 tool Is the northeast corner thereof, then S 01.14.06 -E along the east line of said NW /4 for 998.28 feet to the point of Intersection of Ilia oast line of said NW /4 and the wostorly rlghl-oFway of said US High- way 169, thence S 48'rAU1'W along said dghtaf -way line for 1193.92 [eel, thence on a curve to the left along said right.ol -way line having a radius of 5230.51 foal and a central angle of 13 °14'19' for 1208.46 foot to a point on the south line of said NWM. thence S 08. 41'16" W along said south line for 906.08 foot to the polar of beghnlrg. AND All that part of the northeast quarter of the northwest quaver of the southwest quarter (Ni NW 14 SAM) of Section 20, Township 21 North, Renfro 14 East of the Indian Base and Moddian, Tula County, State of Oklahoma, according to the US Government Survey thereof lying north and wosl of the westerly right -cf -way or Highway 169 and =to panlcularly described as follows, to -wit; Boglnning Of 1110 point of Information of gold waslndy right -of -way of Hlgbway 169 and the north lino of said NFJ4 of the N W/4 of the SW14, thwme southwesterly esterly along the said vreslody right-of-way of Highway 109 on a curve to the left having a radius x15230,51 lael a nd a central angle of 04 °41'43' for 426.03 Joel to a point on the weal line of said NE/4 of the NW /4 of the SW 14, thence N 01 W 251-W along said west line of Bald NE/4 of the NW /4 of the SW 14 tar 352.60 feel to the nonhwesl corner thereof, thence N SW411WE along the north Ana thereof for 242.88 feet to the point of beginning containing 126.605 aars more or less. be, and the same Is hereby annexed to, made a part a1, and added to the Clay of Owasso, Oklahoma, and the corporate Imrs thereof be and are hereby extended to Include the above described territory and real estate. Secton 2. That from and after the passage and pubUmilon of this Ordi- nanco, the too: estate and territory described In Section 1 horaof shall be a part of the City of Owasso, Oklahoma and In Ward One thareol, and all persons roclding therein, and all property sllualod ummon, shall be and are hereby declared to be subject to the Iuriudiclion, control, laws, and ordi- nances at the City of Owasso, Oklahoma, In all respects and particulars. Section 3. That Ihere be flied in the office of the County Clark of Tu!m County, Oklahoma, arrue and correct copy of this Ordinance, together with an accurate map of Ilia territory homby annoxed. PASSED AND APPROVED this 21st day of March 1995. ls/ Jerry Duke Jerry Duke, Mayor SEAL ATTEST: /s/ Marc. Boulwall Marcia Bouhvnll, Cry Clods APPROVED AS TO FORM: In/ Dennis D. Cares MEMORANDUM TO THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ANNEXATION REQUEST BY MR & MRS HAYWARD SMITH ORDINANCE NO. 495 DATE: March 15, 1995 BACKGROUND Mr. and Mrs. Hayward Smith have submitted to the City of Owasso a petition for annexation of their jointly owned property totaling approximately 126 .805 acres. The subject property is shown on the attached map and is currently undeveloped. The subject property is currently zoned AG (Agricultural) and would remain zoned AG upon annexation. All property annexed by the City of Owasso is required to be zoned the lowest zoning classification (AG) until any rezoning request is received and approved by the Planning Commission and the City Council. A copy of the City of Owasso's annexation policy is attached for your information and review. If annexation is approved, the subject property will have to go through all platting requirements of the City of Owasso prior to any development. It should be noted that upon any development of this property, acceleration/deceleration lanes would need to be included for all entries along E. 96th Street North and Garnett Road. Other identified development challenges noted would be straightening of E. 96th Street North, as well as extending water and sewer service. Notification of the annexation request was published in the Owasso Reporter on March 2, 1995 to notify the public of the annexation request before the Planning Commission. That notification was followed by notification published two consecutive weeks in the Owasso Reporter on March 9 and 16, 1995 to notify the public of City Council action regarding the request. A copy of the procedures for annexation is also attached for your information and review. The Technical Advisory Committee reviewed this request at their March 1, 1995 meeting and had no comments regarding the request. The Annexation Committee reviewed this request at their March 2, 1995 meeting and unanimously recommended approval. The Owasso Planning Commission unanimously recommended approval of the annexation request at their March 14, 1995 meeting. Staff recommends approval of the annexation request and Ordinance No. 495, which would approve the Smith's annexation request. ATTACHMENTS 1. Case Map 2. City of Owasso's Annexation Policy 3. City of owasso's Procedures for annexation 4. copy of the annexation petition 5. copy of ordinance no. 495 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 4. All public infrastructures that do not met city standards will not be improved by the city until brought to the city standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method 5. Where a city limit boundary ends at a dedicated street, the boundary will not include the street right -of -way. This policy will establish consistence and allow city employees and citizens to know where the city boundaries are 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by Council on March 1. 1988. PROCEDURES FOR ANNEXATION CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks in the Owasso Reporter of a Planning Commission Hearing which will include a map and text of the proposed annexation. 3. review by a standing annexation committee and recommendation to the planning commission and city council. BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) on the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: All that part of the northwest quarter (NW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof lying north and west of the westerly right-of-way of U.S. Highway 169 more particularly described as follows, to-wit: Beginning at the southwest comer of said NW/4, thence N V 12'26"W along the west line of said NW/4 for 2638.46 feet to the northwest comer thereof, thence N 88'44'59"E along the north line of said NW/4 for 2651.53 feet to the northeast corner thereof, thence S 10 14'06"E along the east line of said NW/4 for 998.20 feet to the point of intersection of the east line of said NW/4 and the westerly right-of-way of said U.S. Highway 169, thence S 48'54'01."W along said right-of-way line for 1193.92 feet, thence on a curve to the left along said right-of-way line having a radius of 5230.51 feet and a central ?� Z� z:1 angle of 13' 14'19" for 1208.46 feet to a point on the south line of said NW/4, thence S 88 °41'16 "W along zn said south line for 906.08 feet to the point of beginning F—WOWN All that part of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter (NE/4 NW/4 SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof lying north and west of the westerly right-of-way of Highway 169 and more particularly described as follows, to-wit: Beginning at the point of intersection of said westerly right-of-way of Highway 1.69 and the north line of said NE/4 of the NW/4 of the SW/4, thence southwesterly along the said westerly right-of-way of Highway 169 on a curve to the zD C, z:1 left having a radius of 5230.51 feet and a central angle of 4 °41'43" for 428.63 feet to a point on the west z line of said NE/4 of the NW/4 of the SW/4, thence N V 12'51"W along said west line of said NE/4 of z' the NW/4 of the SW/4 for 352.60 feet to the northwest comer thereof, thence N 88'41'16"E along the north line thereof for 242.88 feet to the point of beginning containing 126.805 acres more or less. beginning Z�l Bearings shown are from Oklahoma Department of Transportation data. zn contiguous ing territory adjacent and to the incorporated City of Owasso, Oklahoma, and not presently Z� Z" embraced within the Limits thereof, hereby petition the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. /7h' Dated this n' day of February, 1995.