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HomeMy WebLinkAbout729_Amended Annextion_15.03 Acres S 116 St & E of GarnettTulsa County Clerk - EARLENE WILSON Doc # 03075036 Pgs 2 B/P 721/2414-2415 Receipt # 657715 05/27/03 Fee 15.00 000657715004 CITY OF OWASSO ORDINAINCE NO 729, AMENDED AN ORDINANCE ACCPETING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL 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 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, 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 December 3, 2002 at 6:30 p.m. at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 3rd day of December, 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: 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 Statutes, and more particularly described as follows, to-wit: I _IE/4 NE/4 NW/4 AND N/2 SE/4 NE/4 NW/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES MORE OR LESS; Rel-17 IIIEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 8, 1705.93 FEET EAST O NORTHWEST CORNER THEREOF; THENCE N 88°46'55"E ALONG SAID NORTH LINE FOR 285.39 FEET TO THE NORTHEAST CORNER OF SAID NW/4 OF NE/4 OF NW/4 OF SECTION 8, SAID POINT BEING THE POINT OF TERMINATION, CONTAINING 0.03 ACRES MORE OR LESS; C So Eric community Development Director APPROVED AS TO CONTENT APPROVED AS TO FORM CITY OF OW ASSO, OKLAHOMA ATTEST PASSED AND APPROVED Section 3 That there be filed in the office of the County Clerk of Oklahoma, a true and correct copy of this Ordinance, together with an accurate territory hereby annexed. this 20th day of May, 2003 sa County, map of the 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 City of Owasso, Oklahoma, in an respects and particulars. be, and the same is hereby annexed to, made a part of, and added to Oklahoma, and the corporate limits thereof be and are hereby extended described territory and real estate the City Owasso, to include the above Tulsa County Clerk EARLENE WILSON noc# 03025689 Pgs 3 B/P 6944/0185-0187 Receipt # 638786 02/25/03 12:54:05 Fee 17.00 A00063870-6002A CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 729 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED 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 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, 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 December 3, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 3rd day of December, 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, 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 Statutes, and more particularly described as follows, to-wit: NE/4 NE/4 NW/4 AND N/2 SE/4 SE/4 NW/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES MORE OR LESS; AND BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 8, 1705.93 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE N 8846'55"E ALONG SAID NORTH LINE FOR 285.39 FEET TO THE NORTHEAST CORNER OF SAID NW/4 OF NE/4 OF NW/4 OF SECTION 8, SAID POINT BEING THE POINT OF TERMINATION, CONTAINING 0.03 ACRES MORE OR LESS; be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, 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. APPROVED AS TO FORM: P. Gray, City of Ow s ,Oklahoma Michael f elm, Mayor Tulsa County City of CITY OF OWASSO NOT TO SCALE SIJBJEC, PROPERTY MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE #729, AMENDED — SCRIVENER'S ERROR DATE: May 14, 2003 BACKGROUND: At the December 17' regular meeting, the Owasso City Council unanimously adopted an ordinance approving a request for the annexation of property totaling 15.03 acres, more or less. The subject properties are generally located within the E. 116TH St. N. right -of -way and along the south side of E. 116tH Street N., approximately 1700 feet east of the E. 116Th Street N. and N. Garnett Road intersection. The ordinance as approved contained a minor scrivener's error in the legal description. The legal description has been corrected and a copy of Ordinance 9729, Amended is attached for your review. RECOMMENDATION: Staff recommends Council approval of Ordinance #729, Amended, correcting a scrivener's error in Ordinance #729. ATTACHMENTS: 1. Ordinance #729, Amended. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ANNEXATION REQUEST OWASSO LAND TRUST, L.L.C. (S 8 — T21N — R14E) DATE: November 25, 2002 BACKGROUND: The City of Owasso has received a request from Owasso Land Trust L.L.C., applicant/owner, for the annexation of property lying within Section 8, Tulsa County. The subject properties are generally located within the E. 116th St. N. right -of -way and along the south side of E. 116th Street N. approximately 1700 feet east of the of the E. 116th Street N. and N. Garnett Road intersection. The subject properties total approximately 15.03 acres + / -, with tract A containing approximately .03 acre +/- and tract B containing approximately 15.00 acres + / -. A general area map and a complete legal description have been attached for your review. The applicant is requesting this annexation petition in order to construct single family homes on the subject parcel. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning as mentioned above is AG, thereby leaving the applicant with no option but to accept an AG zoning classification. A potential rezoning request to allow for a higher density of single family homes would require notification to property owners within 300' of the property, as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. If the annexation were approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City Council. All development that potentially occurs on the subject property would be required to adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ANNEXATION COMMITTEE: The City of Owasso Annexation Committee reviewed the proposal at the October 30, 2002 Special Meeting and unanimously recommended approval. PLANNING COMMISSION: The Owasso Planning Commission, at the November 11, 2002 regularly scheduled meeting unanimously approval of the petition. If the request is approved by the City Council, an ordinance will be presented at the December 17, 2002 City Council meeting formally adopting the approval. RECOMMENDATION: Staff recommends Council approval of the request by Owasso Land Trust, L.L.C., to annex into the corporate limits of the City of Owasso approximately 15.03 acres + / -. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. Annexation Petition. 4. Legal Advertisement. 5. Annexation Policy. 6. Annexation Procedures. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ANNEXATION (Owasso Land Trust L.L.C.- Section 8, T 21 N, R14 E) STAFF REPORT BACKGROUND The City of Owasso has received a request from Owasso Land Trust L.L.C., applicant /owner, for the annexation of approximately 15.03 acres + / -. The subject property is located on the south side of 116 " Street N. approximately 1700 feet east of the of the 116' Street N. and Garnett Road intersection. A general area map and a complete legal description have been attached for your information and review. LOCATION See attached legal description. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Residential - Single Family South: Residential - Single Family East: Residential - Single Family West: Residential - Single Family PRESENT ZONING AG (Agricultural District) - Tulsa County North: AG (Agricultural District) - Tulsa County South: AG (Agricultural District) - Tulsa County East: AG -R (Agricultural Residential District) - Tulsa County Nest: AG (Agricultural) - Tulsa County ANALYSIS The applicant is requesting this annexation petition in order to construct single family homes on the subject parcel. Tract A of the subject property, totaling .03 acre +/- is currently zoned AG (Agricultural) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning is AG, thereby leaving the applicant with no option but to accept an AG zoning classification. Tract B of the subject property, totaling 15 acres +/- is currently zoned AG (Agricultural) in Tulsa County and would remain zoned AG if the annexation were approved. A potential rezoning request to allow for a higher density of single family homes would require notification to property owners within 300' of the property as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. If the annexation is approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the preliminary and final plat reviews by the Technical Advisory Corrimittee and Planning Commission, but also final plat approval from City Council. All development that potentially occurs on the subject property would be required to adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and on -site detention facilities. Initially, staff questioned the contiguity issue based on the applicant's proposal to annex public right -of -way (Tract A). Given the recent annexation requests such as the petition of Mr_ Noble Sokolosky, staff is comfortable with the applicant's proposal. The subject property meets all of the requirements included within the policy with the exception of tract size. Staff should point out that this policy is merely a guideline and should not be considered concrete. Staff recommends that this Commission exercise some flexibility in reviewing the applicant's request. Staff feels that it is in the best interest of the City of Owasso to have the City's development standards govern the development of this parcel rather than Tulsa County. Staff published legal notice of the annexation petition in the October 16, 2002 edition of the Owasso Reporter. Staff has received no phone calls or correspondence concerning the request. If the annexation petition is approved by this Commission, the petition will be forwarded to City Council for final review and approval. Staff will publish two consecutive legal notifications in the Owasso Reporter prior to City Council review of the petition. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their October 30, 2002 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. OWASSO ANNEXATION COMMTTEE The Owasso Annexation Committee reviewed the proposed annexation at their October 30, 2002 meeting. At that meeting, no opposing comments were received. RECOMMENDATION Staff recommends approval of the request by Owasso Land Trust L.L.C., to annex into the corporate limits of the City of Owasso approximately 15.03 acres ATTACHMENTS 1. General Area Map 2. City of Owasso Annexation Policy 3. City of Owasso Procedures for Annexation 4. Legal Notice 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: NE 14 NE /4 NW /4 AND N/2 SE /4 SE /4 NW /4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES MORE OR LESS; AND A STRIP, PIECE OR PARCEL OF LAND, 5.00 FEET WIDE, SITUATED IN THE NORTHWEST QUARTER (NW /4) OFTHE NORTHEAST QUARTER (NE /4) OFTHE NORTHWEST QUARTER (NW /4) OF SECTION 8, AND THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.Et M., TULSA COUNTY, OKLAHOMA, SAID STRIP BEING 2.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 8, 1705.93 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE N 88 046'55" E ALONG SAID NORTH LINE FOR 285.39 FEET TO THE NORTHEAST CORNER OF SAID NW /4 OF NE /4 OF NW /4 OF SECTION 8, SAID POINT BEING THE POINT OF TERMINATION, CONTAINING 0.03 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 V day of October, 2002. ATTORNEY FOR PURCHASERS: OWASSO LAND TRUST, L.L.C. CHARNEY Et CHARNEY, P.C. By U�1 David E. Charney STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) This instrument was acknowledged before me on the 6% fay of October, 2002, by David E. Charney, as attorney for Owasso Land Trust, L.L.C., an Oklahoma limited liability company. My Commission Expires: Notary Public Tulsa County PROPERTY CITY OF OWASSO Community Development GENERAL AREA MAP Department ANNEXATION REQUEST 111 N. Main Owasso, OK 74055 Owasso Land Trust Ph. 918.376.1543 Section 8, T 21 N, R 14 E Fax. 918.376.1597 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: NE /4 NE /4 NW /4 AND N/2 SE /4 SE /4 NW /4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES MORE OR LESS; AND A STRIP, PIECE OR PARCEL OF LAND, 5.00 FEET WIDE, SITUATED IN THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHWEST QUARTER (NW /4) OF SECTION 8, AND THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, OKLAHOMA, SAID STRIP BEING 2.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 8, 1705.93 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE N 88 046'55 "E ALONG SAID NORTH LINE FOR 285.39 FEET TO THE NORTHEAST CORNER OF SAID NW /4 OF NE /4 OF NW /4 OF SECTION 8, SAID POINT BEING THE POINT OF TERMINATION, CONTAINING 0.03 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 8ih day of October 2002. Owner: Owasso Land Trust, L.L.C. NOTICE TO THE PUBLIC You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 8'h day of October, 2002, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:OOPM on the ll'h day of November, 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. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 111 N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376 -1543. Dated at Owasso, Oklahoma, this 8`' day of October, 2002. Robert Moore City Planner City of Owasso Community Development Department 111 North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (913)376 -1543 Fax: (9 13) J76-1597 ANNEXATION POLICY The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. 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, Agricultural (AG). 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 meet 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 City Council on March 1, 1988. PROCEDURES FOR ANNEXATION CITY COUNCIL SPONSORED ANNEXATION: I. 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. 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: 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 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. Adopted by City Council on March 1, 1995. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 729 DATE: December 5, 2002 BACKGROUND: At the December 3, 2002 meeting, the Owasso City Council unanimously approved a request for the annexation of property totaling approximately 15.03 acres +( -. The subject properties are generally located within the 116 "' St. N. right -of -way and along the south side of 116 " Street N. approximately 1700 feet east of the 116 "' Street N. and Garnett Road intersection. Attached is a copy of Ordinance No. 729, which formally adopts the City Council's action of December 3, 2002. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 729. ATTACHMENTS: 1. Ordinance No. 729. NJ