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HomeMy WebLinkAbout659_Annexation_17.65 Acres_W Garnett Rd_N Country Estates IVDoc# 00134271 Pgs 3 B/.P 6544/2559-2561 Receipt # 48433512/27 /0012408/0259 -256 Fee 12.00 000484335004 CITY OF OWASSO ORDINANCE NO. 659 AN ORDINANCE ACCEPTING, ADDING AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, 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, DIRECTING THE FILING OF THIS ORDINANCE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional 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 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, the City of Owasso received a petition to annex additional territory, 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 contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso; and WHEREAS, on September 25, 2000, and October 2, 2000, notice of the presentation of said Petition was given by the Petitioner by publication in the Tulsa Daily Legal News, 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 October 3, 2000 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 3`a day of October, 2000, 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 Statutes, 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, THAT, TO -WIT: Section 1. 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 for annexation presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, LESS AND EXCEPT, THE SOUTH 332 FEET OF THE EAST 325 FEET THEREOF; TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. CONTAINING 17.65 ACP.ES, MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, 3 Oklahoma, and corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the effective date 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 from and after the effective date of this Ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agriculture) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Ordinance. Section 4. 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. Section 5. That this Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 17th day of October, 2000. APP D AS TO FORM Ronald D. Cates, City Attorney City of Owasso, Oklahoma H. C. Williams, Mayor PUBLIC NOTICE Published in the Owasso limits of the City of Owasso and Reporter, Owas so, Tulsa described in the petition for County, Oklahoma, October annexation presented to the City 26,2000. Council in accordance with the OF OWASSO, provisions of Title 11, Section 21- OKLAHOMA OKLAHOMA ORDINANCE 103, et seq . , of the Oklahoma Statutes, and more particularly NO. 659 described as follows, to-wit: AN ORDINANCE ACCEPTING, THE NORTH HALF (N/2) OF ADDING AND ANNEXING TO THE SOUTHEAST QUARTER THE CITY OF OWASSO, OKLA- (SE/4) OF THE NORTHEAST HOMA, ADDITIONAL LANDS QUARTER (NE4) OF SECTION AND TERRITORY IN SECTION 6, TOWNSHIP 21 NORTH, 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDI- RANGE 14 EAST, TULSA AN BASE AND MERIDIAN, COUNTY, OKLAHOMA, PRO- LESS AND EXCEPT, THE VIDING THAT FROM AND SOUTH 332 FEET OF THE AFTER THE PASSAGE AND EAST 325 FEET THEREOF PUBLICATION OF THIS ORDI- TULSA COUNTY, STATE OF NANCE THAT ALL OF THE OKLAHOMA, ACCORDING TO REAL PROPERTY WITHIN SAID THE US.S. GOVERNMENT TERRITORY HEREIN SURVEY THEREOF. CONTAIN- DESCRIBED SHALL BE A PART ING 17.65 ACRES, MORE OR OF THE CITY OF OWASSO, LESS. OKLAHOMA, AND FURTHER DECLARING THAT ALL PER- be, and the same is hereby SONS RESIDING THEREIN annexed to, made a part of, and SHALL BE SUBJECT TO THE added to the City of Owasso, JURISDICTION, CONTROL, Oklahoma, and corporate limits LAWS, AND ORDINANCES OF thereof be and are hereby THE CITY OF OWASSO, OKLA. extended to include the above HOMA, ESTABLISHING THE described territory and real SAME AS PART OF WARD ONE estate. OF SAID CITY DIRECTING THE Section 2. That from and after FILING OF THIS ORDINANCE, the effective date of this Ordi- AND DECLARING AN EFFEC- nance, the real estate and territo- TIVE DATE. ry described in Section I hereof WHEREAS, pursuant to the pro- shall be a part of the City of visions of Title 11, Section 21- Owasso, Oklahoma, and in Ward 103, at seq., of the Oklahoma One thereof, and all persons Statutes, the City of Owasso is residing therein, and all property permitted to annex additional ter- situated thereon, shall be and ritory providing a petition in writ- are hereby declared to be sub- ing, signed by not less than feet to the jurisdiction, control three-fourths of the legal voters laws, and ordinances of the City and owners of not less than of Owasso, Oklahoma, in all three-fourths (in value) of the respects and particulars. property hereinafter described, the same being contiguous to the Section 3. That from and after corporate limits of the City of the effective date of this Ordi- Owasso, requesting that said nance, the real estate and territo- property be annexed and added ry described in SEction I hereof, to the City of Owasso is submit- shall be deemed to be in the AG ted; and (Agriculture) zoning district of the WHEREAS, the City of Owasso City of Owasso in accordance with the provisions of Section received a petition to annex addi- 110.3 of the Owasso Zoning tional territory, signed by not less Ordinance. than three-fourths of the legal voters and owners of not less Section 4 That there be filed in than three-fourths (in value) of the office of the County Clerk of the property hereinafter Tulsa County, Oklahoma, a true described, the same being con- and correct copy of this Ordi- tiguous to the corporate limits of nance, together with an accurate the City of Owasso, requesting map of the territory hereby that said property be annexed annexed. and added to the City of Owasso; Section 5 That this Ordinance and shall become effective thirty (30) WHEREAS, on September 25, days from the date of first publi- 2000, and October 2, 2000, cation -as provided by state law. notice of the presentation of said Petition was given by the Peti- PASSED AND APPROVED this tioner by publication in the Tulsa 17th day of October, 2000. Daily Legal News, a newspaper of general circulation published City of Owasso, Oklahoma in the City of Owasso, Okla- homa, and notice was given that said Petition would be consid- H.C. Williams, Mayor ered by the City Council of the City of Owasso, at a meeting to ATTEST be held on October 3, 2000 at 6:30 PM at the Community Cen- IsJ Marcia BQutw ter, Owasso, Oklahoma; and Marcia Boutwel, City Clerk WHEREAS, on the 3rd day of APPROVED AS TO FORM October, 2000, said Petition was duly considered by the City /s/ Ronald D. Cates Council and was determined to Ronald D. Cates, City Attorney have complied with the provi- sions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, 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, THAT, TO -WIT: Section 1, the following described territory wing in Tulsa County, Oklahoma which is con- tiguous to the present corporate MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ANNEXATION A &W LAND DEVELOPMENT (WARD ONE) DATE: September 25, 2000 BACKGROUND A &W Land Development has submitted to the City of Owasso a petition for annexation of their property totaling 17.65 acre, more or less. A location map is attached for your information and review. The subject property is currently zoned AG (Agriculture) and would remain so upon annexation, as required under Owasso's Annexation Policy. A copy of the Annexation Policy is attached for your information. If annexation is approved, the subject property will require rezoning and platting prior to development. Acceleration/deceleration lanes will be required along N. Garnett Road at the time of platting. Notification of the annexation request was published in the August 24, 2000 edition of the Owasso Reporter and letters of notification were mailed to the adjacent property owners on the August 23d, 2000. The Technical Advisory Committee reviewed the annexation request at the August 30, 2000 regular meeting. At that time, there was discussion on the ability of Washington County RWD3 to provide adequate fire protection. A sealed letter from the Washington County RWD3 engineer certifying the district's ability to provide state mandated minimum standards is attached for your information and review. The Owasso Annexation Committee reviewed the request at their meeting held September 7, 2000 and recommended approval. The Planning Commission approved the annexation request at the September 12, 2000 regular meeting. Two consecutive legal notifications appeared in the September 25" and October 2, 2000 editions of the Tulsa Daily Legal News prior to submittal to the City Council. A copy of the Procedure for Annexation is attached for your information. RECOMMENDATIONS Staff recommends approval of this annexation request. ATTACHMENTS 1. Petition for Annexation 2. Location Maps 3. Washington County RWD3 Engineer's Certification Letter 4. City of Owasso Annexation Policy 5. City of Owasso Annexation Procedures 6. Legal Notifications 7. Notice to Property Owners 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) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: The North Half of the Southeast Quarter of the Northeast Quarter (N /2 SEA NE /4) of Section 6, Township 21 North, Range 14 East of the Indian Base and Meridian, LESS AND EXCEPT, the South 332 feet of the East 325 feet thereof; Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof. Containing 17.65 acres, more or less. Said property subject to road right -of -ways of record. Being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently 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. Dated this 22" day of August, 2000. Buford Wiams, Owner PRELIMINARY PLAT COUNTRY ESTATES V LOCATION MAP PROVIDED BY DLH ENGINEERS ESTATES COUNTRY ESTATES LOCATION MAP 53.83 ACRES 188 LOTS elea MZLVjnOgLpjn 'a Inng COXCA -1708 Nxe. 8/80101) 69W ES ago OWAISNO, On 746066 918.878.7552 September 12, 2000 Re: Water Supply System Coutry Estates 5 Annexation Donna Sorrels City Planner I am the District Engineer for Washington County Rural Water District #3. This is to verify that the water distribution system in the area of the above noted Country Estates 5 property, with the addition of a line to 126TH St. N., has the capacity to supply water at a minimum of 25psi under all conditions for a residential development; includ fire flows. Dennis L. Hodo, E.E. President ANNEXATION POLICY 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing city limits. 3. All properties should be annexed into the city limits as the lowest: zoning classification, that is, AG, agricultural. Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the city will be legal, but non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not met city standards will not be inproved 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 rejectee 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 is 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. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. CITIZEN SPONSORED ANNEXATION: 1. Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. 2. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council Hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved,l published, and filed of record with the office of the County Clerk, with a map of the property annexed. Adopted by City Council on March 1, 1988. Please publish the following legal advertisement in the September 25 & October 2, 2000 editions of the Tulsa Daily Legal News. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: A &W Land Development P.O. Box 7 Owasso, OK 74055 RE: PETITION FOR ANNEXATION BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PROPERTY FOR ANNEXATION CONSIDERATION The undersigned, constituting not less than three- fourths of the registered voters and being owners of not less than three- fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: LEGAL DESCRIPTION THE NORTH HALF (N /2) OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, LESS AND EXCEPT, THE SOUTH 332 FEET OF THE EAST 325 FEET THEREOF; TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. CONTAINING 17.65 ACRES, MORE OR LESS. APPLICANT A &W Land Development P.O. Box 7 Owasso, OK 74055 NOTICE TO THE PUBLIC You are hereby advised that the above request for annexation was filed with the City Planner of the City of Owasso on the 26 ° day of July, 2000, and that said request will be presented to the Owasso City Council, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 3' day of October, 2000. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. A map showing the proposed annexation area accompanies this notice. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 19`h day of September, 2000. Donna Sorrells City Planner 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER ANNEXATION (918) 272 -2251 FAX (918) 272 -4999 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the. 12'b day of September, 2000. At that time and place, the Owasso Planning Commission will consider a request from A &W Land Development, applicant, for a proposed annexation. The subject property contained within 17.65 acres is described as follows: LEGAL DESCRIPTION THE NORTH HALF (N /2) OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, LESS AND EXCEPT, THE SOUTH 332 FEET OF THE EAST 325 FEET THEREOF; TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. CONTAINING 17.65 ACRES, MORE OR LESS. LOCATION WEST OF N. GARNETT ROAD AND NORTH OF E. 116i° STREET N. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed annexation is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed annexation shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso Community Development Director. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso City Planner, PO Box 180, Owasso, OK 74055. Planning Staff will present these comments to the Planning Commission members at the scheduled public hearing. A map showing the proposed annexation accompanies this notice. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (418) 272 -2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 23rd day of August, 2000. Donna Sorrells City Planner TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE #659 ANNEXATION (WARD ONE) DATE: October 11, 2000 BACKGROUND At the October 3, 2000 regular meeting, the City Council unanimously approved an annexation petition for a 17.65 acre, more or less, parcel of land located north of E. 116th Street N. and west of N. Garnett Road. Ordinance No. 659 would formally adopt the action taken by the City Council at the October 3, 2000 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 659. ATTACHMENTS 1. Location Map 2. Ordinance No. 659 MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO THERON WARLICK CITY PLANNER EASEMENT CLOSING QUICKTRIP CORPORATION September 9, 1998 The applicant requests the closing of a portion of a utility easement along the east line of Lot 3, Block 1, Owasso Commercial Center. A convenience store is located on the subject property, finther described as 11501 E 76thStreet North. The applicant originally proposed the closing of a section of a 10 foot utility easement along the eastern edge of the subject property. Through an agreement with Southwestern Bell Telephone, this request was revised to include only the easternmost 8'6" of the portion of the 10' utility easement. The closing would allow a building expansion and the installation of coolers on the eastern side of the building. The Owasso Planning Commission approved the request at the September 8, 1998 regular meeting and recommends approval to City Council. Staff recommends the closing of the westernmost 8'6" of the easement described in the attached legal description, located on Lot 3 Block 1, Owasso Commercial Center. ATTACHMENTS 1. Location Map, 2. Legal description of the portion of the 10' utility easement, 3. Diagram of the recommended portions of the easement to be closed.