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HomeMy WebLinkAbout700_Detaching_Deannex_312 Acres_N E 76th St N & W SKO RailroadTulsa County Clerk - EARLENE WILSON Doc# 02013204 Pgs 3 B/P 6682/1064-1066 Receipt # 551904 01/29/02 13:50:07 Fee 17.00 00056190400 CITY OF OWASSO ORDINANCE NO. 700 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST, AND SECTION 30, TOWHSHIP 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 NOT BE A PART OF THE CITY OF OWASSO, OKLAHOMA, 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 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 contiguous to 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, on December 20, 2001, and December 27, 2001, 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 January 8, 2002, at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 8`" day of January, 2002, 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. That the following described territory lying within the present corporate limits of the City of Owasso, Oklahoma and described in the petition for detachment presented to the City Council in accordance with the provisions of Title I I , Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (E/2 NE/4 NE/4) LYING SOUTH AND WEST OF THE A.T.^S.F. RAILROAD RIGHT-OF-WAY; AND THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (S/2 SW/4 NE/4 NE/4); AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE/4 NE/4); AND THE SOUTHEASAT QUARTER (SE/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; AND ALL THAT PART OF GOVERNMENT LOTS TWO (2), THREE (3) AND FOURT (4) LYING SOUTH AND WEST OF THE A.T.&S.F. RAILROAD RIGHT-OF-WAY ALL IN SECTION THIRTY (30), 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; AND A TRACT OF LAND IN THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF A TRACT OF LAND IN THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY (30), TOWNSHIP TWENTY'-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTS', STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4); THENCE EAST 368.31 FEET; THENCE NORTH 1401.06 FEET TO THE SOUTHERLY LINE OF THE A.T.&S.F. RIGHT-OF- WAY LINE; THENCE NORTHWESTERLY ALONG THE RAILROAD RIGHT-OF WAY TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4); THENCE SOUTH 1802.0 FEET TO THE POINT OF BEGINNING, CONTAINING 312 ACRES MORE OR LESS. be, and the same 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 the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 3. That this Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 22"" day of January, 2002. SEAL City of Owasso, Oklahoma mARY lOU bARNHOUSE, MAYOR MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: DETACHMENT LARKIN BAILEY TRUST DATE: January 2, 2002 BACKGROUND Mr. Roy Cartright, Trustee, Larkin Bailey Foundation has submitted a petition to the City of Owasso for the detachment of a 312 acre parcel of land, more or less, located north of E. 76 th Street N. and west of the SK &O Railroad. The subject property is zoned AG (Agriculture) and is vacant and undeveloped. The parcel is bound on the east by railroad right -of -way, and further by the Railroad Depot, Original Town of Owasso, and further north, Southern Links; it is bound on the north by E. 86th Street N. and unincorporated rural residential/agricultural uses which also occur along the west of the property; and is bound on the south by E. 76th Street N. and further by unincorporated rural residential/agriculture /flood plain. The detachment petition was submitted by the Foundation on June 26, 2001. Upon receipt of the petition, a search was conducted to locate the original annexation ordinance. No annexation ordinance including the subject property is recorded. However, all maps produced by the Indian Nation Council of Governments (INCOG) show the area as lying within the corporate limits of Owasso. Prior to INCOG producing maps for the City of Owasso, the Tulsa Metropolitan Planning Commission (TMAPC) also showed the area within the City of Owasso on the map associated with the Owasso Comprehensive Plan 1978 -2000, dated June 1978. Subsequently, Mr. Cates advised that without conclusive evidence that the property was not annexed and since, historically, our maps reflect it as in the City, the petition should be processed. The applicant was in agreement with this advice and indicated a desire to proceed. This application is being processed with an "Abundance of Caution ", however, as the action will establish a new baseline for the property and resolve future questions regarding its status. The Owasso Annexation Committee first reviewed the request at their August 30, 2001 special meeting and, at that time, postponed recommendation until additional information could be provided to the committee by the applicant. The annexation committee requested the following three items: 1. Written explanation of the reason for the detachment being requested. 2. Detailed legal description, including overall acreage. 3. Detailed descriptive boundary snap. The Owasso Annexation Committee reviewed the petition a second time on November 8, 2001 and, again, withheld recommendation until all requested information was received. The Committee reviewed the request a third time on December 6, 2001, after receipt of all requested information and recommended approval. The Owasso Planning Commission reviewed the detaclunent request at the December 11, 2001 regular meeting and unanimously recommended approval. RECOMMENDATIONS Staff recommends approval of the detachment of 312 acres, more or less, as requested by the Larkin Bailey Foundation. ATTACHMENTS 1. Location Map 2. Boundary Map BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PROPERTY FOR DETACHMENT CONSIDERATION The undersigned, constituting no less than three - fourths of the registered voters and being owners of not less than three -fourth (in value) of the hereinafter described real estate situated in Tulsa, County, Oklahoma, to- wit: See Exhibit "A" Being territory located within the incorporated City of Owasso, Oklahoma, hereby consent to the City Council of the City of Owasso, Oklahoma, to detach the aforementioned real estate from the City Limits of said City. Dated the 26th day of June, 2001 Owner: Larkin Baile Foundation G. Cartwright, Trust MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE 4700 DETACHMENT - LARKIN BAILEY TRUST (WARD FOUR) DATE: January 18, 2002 BACKGROUND At the January 8, 2002 regular meeting, the City Council unanimously approved a detachment request for a 312 acre parcel of land located north of E. 76th Street N. at N. Mingo Road. The subject property is generally described as a portion of the Northeast Quarter (N /4) and the Southeast Quarter (SE/4) of Section 25, Township 21 North, Range 13 East along with a portion of the Northwest Quarter (NW/4) and a portion of the Southwest Quarter (SW/4) of Section 30, Township 21 North, Range 14 East. Ordinance No. 700 would formally adopt the action taken by the City Council at the January 8, 2002 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 700. ATTACHMENTS 1. Location Map 2. Ordinance No. 700 September 10, 2007 RE: Situation of McCarty Park in relation to the corporate limits of the City of Owasso, OK To Whom It May Concern: The purpose of this correspondence is to confirm that McCarty Park is not located within the corporate limits of the City of Owasso. The staff has located no ordinance that annexed the property into the city. The confusion apparently began when the Tulsa Metropolitan Area Planning Commission erroneously displayed the property as being inside Owasso in their comprehensive plan dated June 1978, and various maps created since that time also displayed the park as being inside the city. Further, with ordinance number 700 dated January 22, 2002, the Owasso City Council passed an ordinance detaching from the city limits the property adjacent to the park, thus leaving the park separated from all corporate boundaries. So, even if McCarty Park had at some point in the past been annexed, it would no longer be so today because it is not contiguous to Owasso's corporate limits at any point. , Should you have any questions, comments, or observations please do not hesitate to contact me at 376 -1500. With Kindest Regards, Eric Wiles Community Development Director 111 N. Main (918) 376-15DO P.O. Box 180 City of Owasso FAX (918) 378 -1597 Owasso, Oklahoma 74055 AcftyorCharacter www.cityofowasso.com &ASSOCIAT'ES, INC. November 2, 2001 City of Owasso Deannexation Committee Via Fax 272 -4997 ATTN: STAN EWING P.O. Box 180 Owasso, OK 74055 Gentlemen: The land owned by the Larkir. Bailey Trust north of 76th Street which is under rern3est for deannexation is being requested for the following reasons: The land is more than 95% in the ranch creek floodplain and cannot be productive for any type of use other than an agricultural or mineral use. It is the intention of the trust to place this land into a cattle grazing crop type of operation and the possibility of drilling some gas wells. The trust has agreed to donate a portion of this land to be deannexed to the Sertoma Club. This land falls in the southeast corner of the property. A small portion of this donated land is out of the floodplain and another portion of the land to be donated to the Sertoma Club is in the floodplain. This is the intent of the Larkin Bailey Trust. Also requested by the city is a cad drawing of the legal description. This drawing is to follow as soon as possible. President cc: Larkin Bailey Trust Trustees: Roy Cartwright Patsy Cravens J. N. Witt Co& Resort Communities, Land Planning, Zoning, & Clubhouse Design 1709 W. Granger St., Broken Arrow, OK 74012 Phone 918 3558552 Fax 918 355 -8393 LEGAL DESCRIPTION OF PROPERTY TO BE DEANNEXED The E/2 of the NEA of the NEA lying South and West of the Railroad Right -of -Way; and -the S/2 of the SWA of the NE /4 of the NE /4; and the SE/4 of the NEA; and the SE/4.of Section Twenty-five (25), Township Twenty -one (21) North Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof. KII All that part of Government Lots Two (2), Three (3) and Four (4) lying South and West of the A.T.& S.F. railroad Right -of -Way all in Section Thirty (30), Township Twenty- one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Sate of Oklahoma, according to the U. S. Government Survey thereof. WE A Tract of land in the Southwest Quarter of Section Thirty (30), 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 and being more particularly described as follows: Beginning at the Southwest comer of the East half of the Southwest quarter; thence Bast 368.31 feet; thence North 1401.06 feet to the Southerly line of the A.T. & S.F. Right -of- Way line; thence Northwesterly along the railroad right of way to the West line of the East half of the Southwest quarter; thence South 1802.0 feet to the point of beginning November 15, 2001 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ANNEXATION TULSA TEACHERS' CREDIT UNION DATE: January 16, 2002 BACKGROUND The Tulsa Teachers' Credit Union is requesting annexation of a 4.5 acre tract of land described as the east four and one half (4.5) acres of the South Half of the Southwest Quarter of the Southwest Quarter (S /2 SWA SWA) of Section 17, Township 21N, Range 14E. The subject property is located north of E. 96s' Street N. and 1/4 mile east of N. Garnett Road and is bound by rural residential/agricultural property zoned AG (Agriculture) to the north, south and west, and by the Owasso Market, zoned CS (Commercial Shopping) to the east. A location map is attached for you convenience. Most of you will recognize this property as one which has been processed through the rezoning, plat and site plan phases of development. It has become apparent that the property was never annexed into the corporate limits of the City. In an attempt to resolve this issue with minimal inconvenience to the applicant, staff has consulted with the City Attorney, Mr. Cates, regarding this issue. Mr. Cates' advice was to process the annexation, then amend the ordinance rezoning the property subsequent to the effective date of the annexation, and to request the applicant acknowledge their understanding of the implications of the error and approve moving forward as advised. Since the final plat and site plan did not require legal notification and were processed in good faith, no new action was advised. A letter was sent to Mr. Doug Aldridge, Tulsa Teachers' Credit Union, explaining the issue and the schedule of necessary processes to occur with an acknowledgement signature and return requested. The signed letter of acknowledgement is attached for your information and review. There has, however, been some reconsideration by the City Manager and the City Attorney of simply amending the existing ordinance rezoning the property so the schedule presented to the applicant will be modified to reflect a full rezoning process. This property is contiguous to existing city limits as required by the Annexation Policy. A copy of the Annexation Policy and Procedures are attached for you information and review. The Owasso Annexation Committee reviewed the annexation request at the January 10, 2002, special meeting and approval was recommended. The Planning Commission reviewed the request at the January 17, 2002 special meeting and unanimously recommended approval. Legal notification was published in the January 10, 2002 and January 17, 2002 editions of the Owasso Reporter, as required prior to Council hearing the request. No comments have been received regarding the request. A copy of the legal notification is attached for your information and review. RECOMMENDATIONS Staff recommends approval of the annexation of the 4.5 acre tract as requested by the Tulsa Teachers' Credit Union. ATTACHMENTS 1. Location Map 2. Petition for Annexation 3. Letter of Acknowledgement 4. Annexation Policy & Procedures 5. Legal Notification Tbs undataiped, constUft not IOU ON d owfiKatls of t11e reg6und vdm end balno the awaer of mt k a than thtwbew (in vehte) at OR barohldw dew16a1 seat aatime dtaatsd in Te. t OW% Ana, to wit: The Baal Fd'V 04 0AO MU (4 112) sane Of &0 Sottth lWf of the Southwest Quarter of the SOttthwaat Quarter (M SW/4 SW /d) of Section Smu teem (17), TowneV Tway ono (21) North, Rangy paud Cn (14) Hest of the Indian Base and MwxUep, TWm County, State of Okla =04 6mm ding to the U.S. Government Survey dmmof. beittg wA cantfpm to fim bmporated Oy of 0%,M, O" na, and not predlttiy 4mbraW wittltn the Litmita tbawt heraby pednm the ('.1ty CDMO Of tbO City of 0/ Ws Okhhom w =a do atbtammiww tad eatm W6 ft fib' Lim ofum Citf. City of Owasso 111 North Main P.O. Box 180 Owasso, OK 74055 Doug Aldridge Tulsa Teachers' Credit Union P.O. Box 4949 Tulsa, OK 74159 -0999 January 2, 2002 RE: Tulsa Teachers' Credit Union Owasso, Oklahoma Dear Mr. Aldridge, (918) 272 -2251 FAX (918) 272 -4999 www.cityofowasso.com It has come to my attention that the above - referenced property has not been annexed into the corporate limits of Owasso. I have consulted with Mr. Ron Cates, Owasso City Attorney, regarding this issue since we have, apparently, processed all submittals for the property without actual jurisdiction. Mr. Cates' advised that, since the processes were all done in good faith and, since no objections to the rezoning were recorded, that we could resolve this issue by processing the annexation now and, upon the ordinance for the annexation going into full effect, amend the zoning ordinance to reflect an approval date after annexation. He feels the plat and site plan processes are less affected as no legal notifications were required. We will, however, be unable to release the submitted building permit until this issue is resolved, as we are now aware of our lack of jurisdiction. The anticipated schedule for the remaining actions required will be as follows: • Annexation Committee Annexation January 10, 2002 5:00 PM • Planning Commission Annexation January 15, 2003 7:00 PM (Legal Notification - December 27, 2001 - Owasso Reporter) • City Council Annexation January 22, 2002 6:30 PM (Legal Notification January 10 & 17, 2002 - Owasso Reporter) • City Council Annexation Ordinance February 5, 2002 6:30 PM (Legal Notification - February 7, 2002 - Owasso Reporter; Ordinance will be effective 30 days after publication - March 8, 2002) • City Planner Issue Building Permit February 6, 2002 • City Council Ordinance #684 Amended March 19, 2002 6:30 PM (This could possibly go to the March 5, 2002 City Council meeting, I will verify.) At this time we will require your acknowledgement that without proper annexation of the subject property previous actions taken by the City of Owasso would be void as well as acknowledgement of your understanding of the recommended actions to be taken to annex the property and amend necessary and approval to take those actions. If you have any questions, please do not hesitate to call me or Stan Ewing, Director of Community & Economic Development, at 376 -1500. City Planner Cc: Stan Ewing, Dir. of Community Development Jerry Emanuel, Sack & Associates Bobbi Jo Mleziva, Building Committee, Inc. Tulsa Union Date .1 'R' k ANNEXATION POLICY 1• While there is -no minimum tract size, properties of larger than 20 acres are preferable, 2• All proper ies should, be contiguous tb existing city limits. 3. All property es should be. annexed : Uto the ai lowest zoning classification, that the AG, ty' llmi.ts as the Landowners may then petition for rezoning 9r aultaral: further development of their . ro nisig they desire . into the city will be legal$, b t non• rlmir uses annexed' _ that they may continue but. cannot. be g' which means zoning. expanded without'propet 4• All public infrastructures that do not met et not' be improved by the city until brought to the city 6 ' -will ' and 'accepted by. the city council. such public facilliitiesn�t be improved at owners expense by the establi.sjmbnt of a special assessment di stiict or some-other financing method. 5 • Where a "city -limit boundary' ,ends at a $edicatecl street, the boundary will not include the street•bighf- of'.wa will establish ,consistence and .allow city y This policy citizens to know where the city boundaries are•employees and 6. Properties that are •rejacted for eXation should not be considered for annexation :for a six '.month peri ;d after rej action : by the: City Council. 3opted by Council• on March 1; ,.988, CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to stud 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. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Qwasso 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: i. 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 January 10 & January 17, 2002 editions of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Tulsa Teachers' Credit Union P.O. Box 4949 Tulsa, OK 74159 -0999 (918) 743 -9861 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 EAST FOUR AND ONE HALF (4.5) ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (S /2 SW /4 SW /4) OF SECTION 17, 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. APPLICANT Tulsa Teachers' Credit Union P.O. Box 4949 Tulsa, OK 74159 -0999 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 12T" day of December 2001, and that said request will be presented to the Owasso City Council, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 22nd day of January 2002. 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 City Planner, City Hall, 111 N. Main, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this 31s` day of December 2001. Donna Sorrells City Planner