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HomeMy WebLinkAbout703_Annexation_126.05 Acres S E 116 St N_N 129 E Ave & Hwy 169Tulsa County Clerk - EARLENE WILSON Doc# 02050802 Pgs 3 B/P 6732/0167-0169 Receipt # 578085 04/17/02 14:53:06 Fee 17.00 CITY OF OWASSO ORDINANCE NO, 703 AN ORDINANCE ACCEPTING, ADDING AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 9, 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 February 21, 2002, and February 28, 2002, 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 5, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 5t" day of March, 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. 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: A TRACT OF LAND SITUATED IN THE WEST HALF (W/2) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60.00 FEET SOUTH OF THE NORTH LINE AND 50.00 FEET EAST OF THE WEST LINE OF SAID W/2; THENCE N88°44'40"E AND PARELLEL TO THE NORTH LINE OF SAID W/2 A DISTANCE OF 1269.42 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE S01°13'58"E A DISTANCE OF 40.00 FEET; THENCE N88°44'34"E A DISTANCE OF 168.59 FEET; THENCE S77°V13'15"E A DISTANCE OF 103.08 FEET; THENCE S 81°28'29"E A DISTANCE OF 735.69 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 169; THENCE SOUTHERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 1220.92 FEET FOR A DISTANCE OF 264.37 FEET TO A POINT WHICH HAS A CHORD BEARING OF S07°27'37"E FOR A DISTANCE OF 263.85 FEET; THENCE S13°39'49"E A DISTANCE OF 388.32 FEET; THENCE S04°42'33"E A DISTANCE OF 641.16 FEET; THENCE S01°18'02"E A DISTANCE OF 1107.01 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION; THENCE S01°18'02"E A DISTANCE OF 892.29 FEET; THENCE S03°15'37"W A DISTANCE OF 616.66 FEET; THENCE S11°12'59"W A DISTANCE OF 1056.44 FEET; THENCE S88°44'40"W A DISTANCE OF 195.31 FEET; THENCE S83°02'57"W A DISTANCE OF 100.10 FEET; THENCE N01°14'01"W A DISTANCE OF 100.50 FEET; THENCE N83°01'59"E A DISTANCE OF 94.95 FEET; THENCE N88°44'40"E A DISTANCE OF 120.00 FEET; THENCE N11°12'59"E A DISTANCE OF 969.17 FEET; THENCE N03°15'37"E A DISTANCE OF 605.72 FEET; THENCE N01°18'02"W A DISTANCE OF 888.38 FEET TO A POINT ON THE SOUTH LINE OF THE NW/4 OF SAID SECTION; THENCE S88°44'39"W A DISTANCE OF 1317.97 FEET; THENCE N01°10'39"W A DISTANCE OF 435.65 FEET; THENCE S88°44'39"W A DISTANCE OF 1000.00 FEET; THENCE N01°10'39"W A DISTANCE OF 940.89 FEET; THENCE N88°44'40"E A DISTANCE OF 648.00 FEET; THENCE N01°10'39"W A DISTANCE OF 782.34 FEET; THENCE S88°44'40"W A DISTANCE OF 468.00 FEET TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID W/2; THENCE N01°10'39"W A PARALLEL TO SAID WEST LINE A DISTANCE OF 419.66 FEET TO THE POINT OF BEGINNING. CONTAINING 126.05 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 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 l 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 I hereof, shall be deemed to be in the AO (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 19th day of March, 2002. AS TO FORM D. Cates, City Attorney City of Owasso, Oklahoma rehouse, Mayor 116 ST. NORTH 14 STATE HIGHWAY 20 MAP EAST 106th STREET NORTH MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ANNEXATION GARRETT CREEK DEVELOPMENT CO. DATE: February 13, 2002 BACKGROUND Garrett Creek Development Company is requesting annexation of a 126.05 acre, more or less, tract of land described as a portion of the West Half (W /2) of Section 9, Township 21N, Range 14E. The subject property is located south of E. 116th Street N. between N. 129th E. Avenue and U.S. Highway 169, and is bound by rural residential/agricultural property zoned AG (Agriculture) to the north, south and west, and to the east by the U.S. Highway 169 right -of -way, and further by the Interchange Business Park and Robinson Business Park, both with PUD (Plarmed Unit Development) supplemental zoning with CS (Commercial Shopping), CG (Commercial General), OM (Office Medium) and IL (Industrial Light) underlying zoning. A location map is attached for your information and review. The subject property is currently zoned AG (Agriculture) and will remain so zoned upon annexation. Property annexed by the City of Owasso is required to be zoned the lowest zoning classification (AG) unless the applicant requests to retain the zoning classification previously approved by the County in which the property lies. A copy of Owasso's annexation policy is attached for you information and review. I£ annexation is approved, the subject property will have to be platted prior to development. Sanitary sewer can serve the property from the east or the west. Washington County Rural Water District #3 will provide water service. The applicant has consulted directly with the rural water district regarding their ability to provide adequate water supply to the sight. According to the applicant, the district's consulting engineers have assured the applicant the district can provide more than adequate supply and pressure to accommodate relatively intense commercial, if needed. The applicant intends, at this time, to develop both residential and commercial subdivisions within the property proposed for annexation. Notification of the annexation request was published in the January 24, 2002 edition of the Owasso Reporter. The Technical Advisory Committee reviewed this request at their January 30, 2002 regular meeting and offered no coinment. The Owasso Annexation Committee reviewed the request at their meeting held January 31, 2002 and recommended approval. The annexation request was reviewed by the Owasso Planning Commission at the February 12, 2002 regular meeting, and was unanimously recommended for approval. Two consecutive notifications appeared in the February 21 and 28, 2002 editions of the Owasso Reporter prior to the request being heard by the Council. A copy of the procedures for annexation are attached for your information and review. RECOMMENDATIONS Staff recommends approval of the annexation requested by Garrett Creek Development Company ATTACHMENTS 1. Location Map 2. Annexation Petition 3. City of Owasso Annexation Policy 4. City of Owasso Annexation Procedures 5. Legal Notification R 14 E 116 ST. NORTH STATE HIGHWAY 20 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 the owner of not less than three - fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: A TRACT OF LAND SITUATED IN THE W/2 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I. B. & M., TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT 60.00 FEET SOUTH OF THE NORTH LINE AND 50.00 FEET EAST OF THE WEST LINE OF SAID W /2, THENCE N 88°44'40" E AND PARALLEL TO THE NORTH. LINE OF SAID W/2 A DISTANCE OF 1269.42 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U. S. HIGHWAY NO. 169; THENCE S 1°13'58" E A DISTANCE OF 40.00 FEET; THENCE N 88°44'34" E A DISTANCE OF 168.59 FEET; THENCE S 77°13'15" E A DISTANCE 103.08 FEET; THENCE S 81°28129" E A DISTANCE 735.69 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 169; THENCE SOUTHERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 1220.92 FEET FOR A DISTANCE OF 264.37 FEET TO A POINT WHICH HAS A CHORD BEARING OF S 7°27'37" E FOR A DISTANCE OF 263.85 FEET; THENCE S 13°39'49" E A DISTANCE OF 388.32 FEET; THENCE S 4°42'33" E A DISTANCE OF 641.16 FEET; THENCE S 1°18'02" E A DISTANCE OF 1107.01 FEET TO A POINT ON THE SOUTH LINE OF THE NW /4 OF SAID SECTION; THENCE S 1°18102" E A DISTANCE OF 892.29 FEET; THENCE S 3°15'37" W A DISTANCE OF 616.66 FEET; THENCE S 11°12'59" W A DISTANCE OF 1056.44 FEET; THENCE S 88°44'40" W A DISTANCE OF 195.31 FEET; THENCE S 83°02'57" W A DISTANCE OF 100.10 FEET; THENCE N 1°14'01" W A DISTANCE OF 100.50 FEET; THENCE N 83°01'59" E A DISTANCE OF 94.95 FEET; THENCE N 88°44'40" E A DISTANCE OF 120.00 FEET; THENCE N 11°12'59" E A DISTANCE OF 969.17 FEET; THENCE N 3°15'37" E A DISTANCE OF 605.72 FEET; THENCE N 1°18'02" W A DISTANCE OF 888.38 FEET TO A POINT ON THE SOUTH LINE OF THE NW/4 OF SAID SECTION; THENCE S 88°44'39" W A DISTANCE OF 1317.97 FEET; THENCE N 1°10'39" W A DISTANCE OF 435.65 FEET; THENCE S 88°44'39" W A DISTANCE OF 1000.00 FEET; THENCE N 1°10'39" W A DISTANCE OF 940.89 FEET; THENCE N 88°44'40" E A DISTANCE OF 468.00 FEET; THENCE N 1°10139" W A DISTANCE OF 782.34 FEET; THENCE S 88°44'40" W A DISTANCE OF 468.00 FEET TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID W/2; THENCE N 1°10'39" W AND PARALLEL TO SAID WEST LINE A DISTANCE OF 419.66 FEET TO THE POINT OF BEGINNING. CONTAINING 126.05 ACRES MORE OR LESS. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 17th day of January, 2002. GARN PTCRE E' OPMENT COMPANY, L.L.C. By: R. Alan Blaksley, Manager 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 improved by the city until brought to the city standards 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 stree, 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 ater rejection by the City Council. Adopted by Council on March 1, 1988. CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two conaecutive 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. B. 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. B. 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 February 21 & 28, 2002 edition(s) of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 (918) 376 -1543 Please bill publication costs to: Alan Blaksley Garrett Creek Development Company P.O. Box 1557 Owasso, OK 74055 (918) 274 -8888 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 A TRACT OF LAND SITUATED IN THE WEST HALF (W /2) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60.00 FEET SOUTH OF THE NORTH LINE AND 50.00 FEET EAST OF THE WEST LINE OF SAID W /2; THENCE N88 044'40 "E AND PARELLEL TO THE NORTH LINE OF SAID W/2 A DISTANCE OF 1269.42 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 169; THENCE S01013'58 "E A DISTANCE OF 40.00 FEET; THENCE N88 044'34 "E A DISTANCE OF 168.59 FEET; THENCE S77 113'15 "E A DISTANCE OF 103.08 FEET; THENCE S 81 128'29 "E A DISTANCE OF 735.69 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 169; THENCE SOUTHERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 1220.92 FEET FOR A DISTANCE OF 264.37 FEET TO A POINT WHICH HAS A CHORD BEARING OF S07 027'37 "E FOR A DISTANCE OF 263.85 FEET; THENCE S13 139'49 "E A DISTANCE OF 388.32 FEET; THENCE SO4 042'33 "E A DISTANCE OF 641.16 FEET; THENCE S01118'02 "E A DISTANCE OF 1107.01 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER (NW /4) OF SAID SECTION; THENCE S01018'02 "E A DISTANCE OF 892.29 FEET; THENCE S03 015'37 "W A DISTANCE OF 616.66 FEET; THENCE S11 °12'59 "W A DISTANCE OF 1056.44 FEET; THENCE S88 044'40 "W A DISTANCE OF 195.31 FEET; THENCE S83 002'57 "W A DISTANCE OF 100.10 FEET; THENCE N01 014'01 "W A DISTANCE OF 100.50 FEET; THENCE N83 001'59 "E A DISTANCE OF 94.95 FEET; THENCE N88 044'40 "E A DISTANCE OF 120.00 FEET; THENCE N11112'59 "E A DISTANCE OF 969.17 FEET; THENCE NO3 015'37 "E A DISTANCE OF 605.72 FEET; THENCE N01118'02 "W A DISTANCE OF 888.38 FEET TO A POINT ON THE SOUTH LINE OF THE NW /4 OF SAID SECTION; THENCE S88 144'39 "W A DISTANCE OF 1317.97 FEET; THENCE N01010'39 "W A DISTANCE OF 435.65 FEET; THENCE S88 044'39 "W A DISTANCE OF 1000.00 FEET; THENCE N01010'39 "W A DISTANCE OF 940.89 FEET; THENCE N88 044'40 "E A DISTANCE OF 468.00 FEET; THENCE N01 010'39 "W A DISTANCE OF 782.34 FEET; THENCE S88 044'40 "W A DISTANCE OF 468.00 FEET TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID W /2; THENCE N01010'39 "W AND PARALLEL TO SAID WEST LINE A DISTANCE OF 419.66 FEET TO THE POINT OF BEGINNING. CONTAINING 126.05 ACRES, MORE OR LESS. APPLICANT Garrett Creek Development Company P.O. Box 1557 Owasso, OK 74055 (918) 274 -8888 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 17" day of January 2002, 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 5h day of March 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 19ih day of February 2002. Donna Sorrells City Planner MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE #703 ANNEXATION (WARD ONE) DATE: March 12, 2002 BACKGROUND At the February 5, 2002 regular meeting, the City Council unanimously approved an annexation petition for a 126.05 acre, more or less, parcel of land located south of E. 116 °i Street N. between N. 129'h E. Avenue and U.S. Highway 169. Ordinance No. 703 would formally adopt the action taken by the City Council at the February 5, 2002 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 703. ATTACHMENTS 1. Location Map 2. Ordinance No. 703