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HomeMy WebLinkAbout563_Detaching Allen Robinson Land_DeannexationTULSA COUNTY CLERK - JOAN HASTINGS RCPT 260878 01/12/98 11:31:27 DOC # 98002676 FEE 0.00 PGS 3 B/P 5998/1121-1123 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 563 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, ADDITINOAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATIONS OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRTORY HEREIN DESCRIBED SHALL NOT BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-110, et seq., of the Oklahoma Municipal Code, the City of Owasso is permitted to detach territory providing a petition in writing, signed by not less than three -fourths of the legal voters and owners of not less than three -fourths (in value) of the property hereinafter described, the same being within the corporate limits of the City of Owasso, requesting that said property be detached and removed from 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 November 18, 1997 at 7:00 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 18th day of November, 1997, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21-110, 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 within the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions o Title 11, Section 21-110, et seq., of the Oklahoma Municipal Code, and more particularly described as follows, to-wit: A TRACT OF LAND IN THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE MINGO VALLEY EXPRESSWAY, GRANTED BY DISTRICT COURT ORDER #97562, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1174.8 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (NW/4), THENCE NORTH EIGHTY (80) FEET, THENCE WEST SIXTY (60) FEET TO THE POINT OF BEGINNING is hereby dfetached and removed from the City of Owasso, Oklahoma, and the corporate limits thereof. Section 2. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 2nd day of December, 1997. CITY OF OWASSO, OKLAHOMA Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City attorney 5998 1122 AffidavitOWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a trace 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 following dates: December December 11th, 1997 Subscribed and sworn to before one this Ply Commission PUBLISHER'S FEE $ 64.80 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 11, 1997 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 563 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA ADDITIONAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF ITS ORDI- NANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL NOT BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title if, Section 21-110, et seq., of the Oklahoma Municipal Code, the City of Owasso is permitted to detach territory providing a petition in writ- ing, signed by not less than three -fourths of the legal voters and owners of not less than three - fourths (in value) of the property hereinafter described, the same being within the corporate lim- its of the City of Owasso, requesting that said property be detached and removed from the City of Owasso is subrrpfted; 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 November 18, 1997 at 7:00 PM at the Cornmuni- ty Center, Owasso, Oklahoma; and WHEREAS, on the 18th day of November, 1997, said Petition was duly considered by the City Council and was determined to have compiled with the provisions of Title 11, Section21-110, 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, OKLA- HOMA. Section 1. That to following described territory lying within 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 21-110, et seq., of the Oklahoma Municipal code, and more particularly described as follows, to wit: A TRACT OF LAND IN THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-ONE (31), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE MINGO VAL- LEY EXPRESSWAY, GRANTED BY DISTRICT COURT ORDER #97562, MORE PAR- TICULARLY DESCRIBED AS FOLLOWS: BEGINING AT POINT 1174.8 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (NE/4), THENCE NORTH EIGHTY (80) FEET, THENCE WEST SIXTY (60) FEET, THENCE SOUTH EIGHTY (80) FEET, THENCE EAST SIXTY (60) FEET TO THE POINT OF BEGINNING is hereby detached and removed from the City of Owasso, Oklahoma, and the corporate limits thereof. Section 2. That there be filed in the office of County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 2nd day of December, 1997. ATTEST; /s/ MARCIA BOUTWELL Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ RONALD D. CATES Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA By: /s/ MARY LOU BARNHOUSE Mary Lou Barnhouse, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR DATE- November 24, 1997 At the November 18, 1997 meeting, the Owasso City Council approved a request for the detachment of property described as a tract of land located within Section 31, Township 21 North, Range 14 East. The subject property is located west of the Owasso Expressway at the extreme southern portion of the city limits of Owasso. A location map is attached for your information and review. Attached is a copy of Ordinance No. 563 which formally adopts the City Council's action of November 18, 1997. 1. Location Map 2. Ordinance No. 563 3. Memorandum from November 18, 1997 City Council Agenda Packet TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM. TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT- DETACHMENT REQUEST MR. ALLEN ROBINSON EVPATE: November 13, 1997 Mr. Allen Robinson has submitted a petition to the City of Owasso requesting detachment of a portion his property from the City Limits of Owasso. The subject property is undeveloped and is located at the extreme southern boundary of the existing city limits of Owasso and is zoned IL (Light Industrial). The subject property is bordered on the north by additional property zoned IL, while further north lies Worley's Nursery also zoned IL. The subject property is also bordered to the south and west by IL zoned property, while farther west lies AG (Agriculture) property. The subject property is bordered on the east by the Owasso Expressway. An area map is attached for your information and review. The City of Owasso has been in negotiations with the applicant to obtain right-of-way for the proposed extension of S. Fifth Avenue from the National Steak and Poultry facility to the service road. As a portion of that negotiation process, the applicant expressed a desire to construct a billboard on his property, more specifically, at the location described in the detachment request. Because the subject property is on the southern boundary of the city limits and because billboards are not permitted in the City of Owasso, staff advised the applicant to seek a detachment request from the city rather than a Variance from the Board of Adjustment. Quite simply, a billboard would be permitted on the neighboring property to the south (outside the city limits) and to extend that ability eighty (80) feet to the north was more desirable than opening the door for additional billboards throughout the city if the Board of Adjustment were to grant a Variance. Notification of the detachment request was published in the Owasso Reporter and is attached for your information and review. The Technical Advisory Committee reviewed this request at their October 29, 1997 meeting. At that meeting, area utility companies and staff are afforded the opportunity to address any problems or concerns they have with the detachment request. No comments opposing the request for detachment were received at that meeting. While the City of Owasso policy and procedure regarding annexation does not contain any requirements for action on a detachment request from the Annexation Committee, staff felt it would be more consistent to forward this type of request to the Annexation Committee. The Annexation Committee reviewed this request at their November 10, 1997 special meeting and unanimously recommend approval. The Planning Commission reviewed the detachment request at their September 11, 1997 regular meeting and also unanimously recommended approval. ATTACMIENTS: 1. Case map 2. City of Owasso's annexation policy 3. City of Owasso's procedures for annexation 4. Copy of the detachment petition 5. Copy of legal ad