HomeMy WebLinkAbout751_Partially Closing Right of Way_301 E 5th Avepartial closing of right of way at 301 E 5th Ave
Tulsa County Clerk - EARLENE WILSON
Doc# 03075046 Pgs 2 E/p 7021/2436-243
Receipt # 657115 OS/21/03 14:19:18 :0;000657715014:0;
Fee 15.00
OF OW ASSO
ORDINANCE NO. 751
ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF THE PUBLIC
RIGHT-OF-WAY ALONG EAST 5TH AVE AND WITHIN A PORTION OF THE
E/2 OF THE NE/4 OF SECTION 31, TOWNSHIP 21 NORTH, RANGE EAST,
CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND
RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE
RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY,
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
close to the public use a portion of the public right-of-way along East 5th Avenue;
WHEREAS, said public right-of-way is described as follows:
A TRACT OF LAND THAT IS A PART OF THE E/2 OF THE NE/4 OF SECTION 31,
TOWNSHIP 21 NORTH, RANGE 14 EAST, INDIAN BASE AND MERIDIAN, CITY
OF OW ASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO-WIT:
BEGINNING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID
SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE DUE NORTH
ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE, THENCE
DUE EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR 40.00' TO A
POINT OF CURVE, THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 26°48'14" AND A RADIUS OF 340.00' FOR 159.06' TO THE
POINT OF BEGINNING OF SAID TRACT OF LAND, THENCE CONTINUING
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ON
CURVE TO THE RIGHT HA VING A CENTRAL ANGLE OF 08057'40" AND A
RADIUS OF 340.00' FOR 53.18' TO A POINT OF REVERSE CURVE, THENCE
CONTINUING SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY
LINE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21°26'33"
AND A RADIUS OF 260.00' FOR 97.30', THENCE DUE WEST FOR 50.90, THENCE
N58°09'36"W FOR 96.69', THENCE DUE NORTH FOR 17.53' TO THE POINT OF
BEGINNING OF SAID TRACT OF LAND.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OW ASSO, OKLAHOMA, THAT.:
Section 1. The following described public right-of-way, be, and the same is hereby closed
to the public use, to-wit:
BEGINNING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID
SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE DUE NORTH
ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE, THENCE
DUE EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR TO A
POINT OF CURVE, THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHERLY RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 26°48'14" AND A RADIUS OF 340.00' FOR 159.06' TO THE
POINT OF BEGINNING OF SAID TRACT OF LAND, THENCE CONTINUING
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ON A
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 08°57'40" AND A
RADIUS OF 340.00' FOR 53.18' TO A POINT OF REVERSE CURVE, THENCE
CONTINUING SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY
LINE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21°26'33"
AND A RADIUS OF 260.00' FOR 97.30', THENCE DUE WEST FOR 50.90, THENCE
APPROVED AS TO CONTENT
APPROVED AS TO FORM
ATTEST
PASSED AND APPROVED this 15th day of April
Section 3
are hereby express]
2003
That all ordinances or parts of ordinances repealed.
in conflict
Section 2. The municipality shall retain the absolute right to reopen the public way
expense to the municipality. Closing of the public way shall not affect the right to maintain,
repair, reconstruct, operate or remove utility, public service corporation, or transmission
company facilities of service therein, nor shall a closing affect private ways existing by operation
of law unless released in writing by the owners thereof.
herewith be
and the same
N58°09'36"W FOR 96.69', THENCE DUE NORTH FOR 17.53 TO THE POINT OF
BEGINNING OF SAID TRACT OF LAND
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: RIGHT -OF -WAY CLOSURE — NATIONAL STEAK & POULTRY, INC.
ORDINANCE #751
DATE: April 8, 2003
BACKGROUND:
The City of Owasso has received a request from National Steak & Poultry, Inc., for the partial
closure of the northern 40' right -of -way along E. 5h Ave. The subject property is located
approximately 600 feet west of the E. 5h Ave. and U.S. Hwy 169 Service Road intersection,
further described as 301 E. 5a' Ave.
The applicant is requesting this closure to permit the expansion of the existing National Steak &
Poultry facility. A general area map and complete legal description have been included with your
packet.
ANALYSIS:
National Steak & Poultry, Inc., is requesting the closure of a portion of the northern 40' right -of-
way in an effort to expand the existing facility. This expansion, according to National Steak &
Poultry estimates, would create an additional 30 to 50 new jobs in the City of Owasso. National
Steak & Poultry has stated that the manner in which the request is shown on the attached plot
plan is necessary based on the internal workings of this meat processing plant. The internal flow
of the meat processing procedure requires that the addition be constructed in the proposed
location, rather than the other vacant areas shown on the attached plot plan. City staff agrees.
The City of Owasso Community Development Department and Public Works Department have
had several opportunities to review the proposed addition. After those reviews, all interested
departments have concluded that the benefits of such a proposal outweigh any of the potential
negative impacts. City engineers have concluded that the only issue that needs to be addressed is
the construction of a marked barricade located at the southeastern comer of the addition. The
applicant has agreed and the construction of the barricade will coincide with the construction of
the building addition.
The City of Owasso Public Works Department has authorized the building expansion to come
within 5 feet of the existing roadway. However, the applicant has submitted a proposal that
would construct the addition within 12 feet of the existing roadway. And, with an existing right -
of -way width of 80 feet, staff finds that any future roadway expansion on E. 5th Ave. could be
accommodated without issue.
Furthermore, the applicant has received Board of Adjustment approval for the encroachment into
the minimum 50 foot building setback line on property zoned IL (Industrial Light District). The
approval was received at the March 25, 2003 regular meeting.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the proposal at their March 26, 2003
regular meeting. At that meeting, the following comments were noted.
1. Community Development — The City of Owasso City Council must approve the right -of -way
closure.
2. Community Development — The applicant must provide an official copy of the right -of -way
vacation to the Community Development Department after District Court approval.
3. Public Works — The applicant must construct a collision barricade. The construction of the
barricade must coincide with the construction of the building addition.
PLANNING COMMISSION:
The Owasso Planning Commission at the April 7, 2003 regularly scheduled meeting heard the
request. The item was recommended for approval by a 4 — 0 vote, as Commissioner Williams was
not in attendance.
Ordinance #751, attached for your review, would allow the City Council to close the above -
described right -of -way.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance #751, thus closing a portion of the northern
40' right -of -way along E. 5s' Ave., subject to the following conditions:
1. The applicant must provide an official copy of the right -of -way vacation to the Community
Development Department after District Court approval.
2. The construction of the building may not come within 12 feet of the existing roadway.
3. The applicant must construct a collision barricade. The construction of the barricade must
coincide with the construction of the building addition.
ATTACHMENTS:
1. General Area Map.
2. Planning Commission Staff Report (w /o attachments).
3. Right -of -Way Closure Application.
4. Site Plan.
5. Ordinance #751.
SUBJECT
PROPERTi
GENERAL AREA MAP 3 -15 -03
I RIGHT -OF -WAY CLOSURE I O I
NATIONAL STEAK PROCESSORS, INC. NORTH
Mg MAP IS FORT ORMAYIONA PURPOSES
CITY OF OWASSO
COMMUNITY DEVELOPMENT
DEPARTMENT
111 North Mein Street I PH: (918)376-150o
P.O. Box 180 FAX: (919)37&1597
Owasso, OK 74055 www.cityofowaso.mm
NO
CITY OF OWASSO
COMMUNITY DEVELOPMENT
DEPARTMENT
111 North Mein Street I PH: (918)376-150o
P.O. Box 180 FAX: (919)37&1597
Owasso, OK 74055 www.cityofowaso.mm
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
RIGHT -OF -WAY CLOSURE
(National Steak Processors)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from B. Kenneth Cox, applicant, on behalf of
National Steak Processors, owner, for the partial closing of the northern 40' right -of -way
along E. 5th Ave. The subject property is located approximately 600 feet west of the E.
5th Ave. and U.S. Hwy 169 Service Road intersection, further described as 301 E. 5th
Ave.
The applicant is requesting this closure to permit the expansion of the existing National
Steak Processors facility. A general area map and complete legal description have been
included with your packet.
LOCATION
See attached legal description.
EXISTING LAND USE
Industrial
SURROUNDING LAND USE
North: Residential — Multi - Family
South: Industrial
East: Vacant
West: Industrial
PRESENT ZONING
IL (Industrial Light District)
SURROUNDING ZONING
North: RM -1 (Residential Multifamily Low Density District)
South: IL (Industrial Light District)
East: IL (Industrial Light District)
West: IL (Industrial Light District)
ANALYSIS
The applicant is requesting to close a portion of the northern 40' right -of -way along E. 5`h
Ave. in an effort to permit the expansion of the existing National Steak Processors
facility.
The applicant has informed staff that the request is based solely on the internal workings
of this meat processing plant. The internal flow of the meat processing procedure
requires that the addition be constructed in the proposed location, rather than the other
vacant areas shown on the attached plot plan. City staff agrees.
The City of Owasso Community Development Department and Public Works
Department have had several opportunities to review the proposed addition. And, after
those reviews, all interested departments have concluded that the benefits of such a
proposal outweigh any of the potential negative impacts. City engineers have concluded
that the only issue that needs to be addressed is the construction of a marked barricade
located at the southeastern corner of the addition. The applicant has agreed and the
construction of the barricade will coincide with the construction of the building addition.
The City of Owasso Public Works Department has authorized the building expansion to
come within 5 feet of the existing roadway. However, the applicant has submitted a
proposal that would construct the addition within 15 feet of the existing roadway. And,
with an existing right -of -way width of 80 feet, staff finds that any future roadway
expansion on E. 5h Ave. could be accommodated without issue.
Staff should point out that the addition to the existing site would provide several new
employment opportunities in the City of Owasso. National Steak Processors, Inc. has
concluded that a minimum of 35 with a potential for 50 new jobs will be created by this
expansion. And, in this time of economic uncertainty staff feels that the manner in which
the new jobs are created would most certainly outweigh any negative impact that the
creation may have.
National Steak Processors has received Board of Adjustment approval for the
encroachment into the minimum 50 foot building setback line on property zoned IL
(Industrial Light District). The approval was received at the March 25, 2003 regular
meeting.
If approved by the Planning Commission, this item does require City Council Action.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the proposal at their March 26,
2003 regular meeting. At that meeting, the following comments were noted.
1. Community Development — The City of Owasso City Council must approve the right -
of -way closure..
2. Community Development — The applicant must provide an official copy of the right -of-
way vacation to the Community Development Department after District Court approval.
3. Public Works — The applicant must construct a collision barricade. The construction of
the barricade must coincide with the construction of the building addition.
RECOMMENDATION
Staff recommends approval of the request to close a portion of the northern 40' right -of-
way along E. 5 a' Ave., subject to the following conditions:
1. Community Development — The City of Owasso City Council must approve the
right -of -way closure.
2. Community Development — The applicant must provide an official copy of the right -
of -way vacation to the Community Development Department after District Court
approval.
3. Public Works — The applicant must construct a collision barricade. The construction
of the barricade must coincide with the construction of the building addition.
ATTACHMENTS
1. General Area Map.
2. Right -of -Way Closure Application.
3. National Steak Processors Site Plan.
HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON
IA MU C t'. HARDWICK
MARGARET A. SWIMMER
A PROFESSIONAL CORPORATION
ANTHONY J JORGENSON
DANIELL GLOVER
'THOMAS D. GABLE
MICHAELT KEESTER
HEATHERL. COPP
KENT A. GILLIAND
THOMAS F GOLDEN
SUSAN L GATES
MONICA A. FLAKE
)ON A. EPS REIN
- %kRYW SANDEL
RONALD O. RAY. JR
KYLE D. FREEMAN
EI-AINE R. TURNER
ANDREWM WOLOV
FWANKAI HAGEDORN
RONALD WHITE
FRED BUNTON
320SOUTH BOSTON AVENUE
MONICAL MAPLE
CHRISTIANS. HUCKABY
I PATRICK CREMIN
STEVEN A. BROUSSARD
SUITE 400
W. DEKECANAOA
MICHAEL). USSAU
SUSANNA G VOEGELI
ITODD WOOLERY
STEVEN OUI E
TULSA,
BONNIE N. HACKLES
SABAH K OBERNDORFER
MICHAEL 0 GRAVES
LL
OKLAHOMA
IERLYE GAD0IS
JAMES D SATROM
IOSEPII D FINCHES
74103 -3708
KIMBERLY
WASHINGTON
RICHARD A. GROENENDYKE JR.
ANGELYNL DALE
G. LIAS
WILLIAMS
KN
JOHN B. RUDOLPH
S. RU OLPH
RMARK
JOHN J.
J. EBB
JOSEPHRDR
DELI- GNDLUTHEY.IR
DELL
PAMELA H. GOLDBERG
T.CROLK
MATTHEW T. CROOK
DWN0•
R OMTT'
K BLON50N
MARKK BL
K ,NNER
MARK TANNER
JOHNT.RICHER
JOHN MD
IDHN I. MAJR-
COOKEIC2
MICIfnELO.COOKE
ROBERT P. OOUGMERTY
TELEPHONE (918) 594-0400
GENEVIEVE LSCHMOOK
LAMES B. WILCOX. COx, IN -
KENNETH L. HUNT
T LANEWRSON
FACSIMILE- (918)5940505
CEAIO OENIGS•
B. KENNETH COS.JR.
BETSY JACKSON
OKLAl10 >IA CITY, ONLAHORIA
SANDMIGA
KATHU AG
DONALD L KAHL
ROBERT P FITZ- PATRICK
ROBERT 0 NELON
D. KENYON WILLIAMS. IR
SABAH JANE KuKINNEN
J. FRED GIST
NORTHWESTARKANSAS
THOMAS P SOIROEOTER
IOIIN E HEIL. III
MICHAEL E. SMITH
CURTIS E. H000E-
JAMESIPROSZLK
JANE L\LUICHAM
http://www.hallestill.com
RALPH E- SEALS.JR
ROBERT K. RHOADS•
IAMESM REED
PAMELA .S.\NDEMON
P'
ROBERT D, LOONEY. IR
JAMES L HARRIS'
GIOMnSA CRF.EKMOREIII
JENNIFER E. MUSTAIN
SHARONT THOMAS
STEPHEN W RAJ
MARSHALLI WELLS
MICHAEL MASSAD
.NOT ADMITTED IN OKLAIIOMA
OFCOUNSEL
OKLA] IONIA CITY, OKLAHOMA OFFICE
WASHINGTON, D.C. OFFICE
NORTHWEST ARKANSAS OFFICE
JOHNS, ESTILLJR
IN NORTH BROADWAY
112020... STREET, N
ONE EAST CENTER STREET
WALTER B HALL (192349M)
WILLIAM W PRITCHARD
BANK ONE CENTER, SUITE 2900
SUITE 700, NORTH BUILDING
SUITE315
FRED S NELSON I IY29 -IN7I
DAVID HILL
RAYMONDB KELLY
OKLAHOMA CITY. OK 73102 -8865
WASHINGTON. D. C. 200368406
FAYETTEVILLE, AR 72701 -5388
AUDREY P RASMUSSEN
TELEPHONE (405) 553- -2328
TELEPHONE (202)973.1200
TELEPHONE (479) 973 -5200
CLIVE A, SEYMOUR
FACSIMILE (403) 55] -2- -855
FACSIMILE (202) 973 -1212
FACSIMILE (479) 973.0520
B. Kenneth Cox, Jr.
(918) 594 -0418
March 3, 2003
kcoxDhallestill.com
Robert Moore
City Planner
City of Owasso
111 N. Main
Owasso, OK 74055
Re: National Steak and Poultry
Dear Mr. Moore:
We represent National Steals Processors, Inc. ( "NSP"). On behalf of NSP, we hereby
request that the City of Owasso close that portion of the right -of -way as is legally described on
Exhibit "A" attached hereto. We further request that the City of Owasso close that portion of the
Utility Easement which is legally described on Exhibit RB" attached hereto. The purpose of
these closures is to permit the expansion of the existing facility of NSP in the City of Owasso as
depicted on Exhibit "C" attached hereto. It is anticipated that this expansion will cost
approximately $1,850,000 and will create approximately 35 new jobs in Owasso.
Please let me know if you have any questions or comments
Very truly yours,
B. Kenneth Cox, Jr.
BKC:asc
cc: Brenda Dietzfeld
Larry Patterson
315319.1:6201 16.02210
EXHIBIT "A"
Notes
1. THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST
LINE OF THE E/2 OF THE NE /4 OF SECTION 31, T -21 -N,
R -14 -E HAVING AN ASSUMED BEARING OF DUE NORTH.
2. SEE ATTACHED PAGE 2 OF 2 FOR LEGAL DESCRIPTION.
Point of Beginning
1.00'
EAST
SOUTHWEST CORNER OF THE
E /2, NE /4, SECTION 31,
T -21 -N, R -14 -E
RIGHT -OF -WAY TO BE CLOSED
R -14 -E
EAST 76TH STREET NORTH
53.18'
SACKANDASSOC /AYES, /NC.
Santa Fe Depot, I11 Elgin Avenue. Tulsa,
EXH I BIT 'A'
STREET RIGHT -OF -WAY CLOSING
(PAGE 1 OF 2)
SCALE IN FEET
EDIT "A"
SHEET20F2
STREET RIGHT -OF -WAY CLOSING
A TRACT OF LAND THAT IS A PART OF THE E/2 OF THE NE /4 OF SECTION
31, T -21 -N, R -14 -E, INDIAN BASE AND MERIDIAN, CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, ACCORDING TO U.S. GOVERNMENT SURVEY
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
STARTING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE /4 OF SAID
SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2
OF THE NE /4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT -OF -WAY
LINE OF 5TH AVENUE; THENCE DUE EAST ALONG SAID NORTHERLY RIGHT -
OF -WAY LINE FOR 40.00' TO A POINT OF CURVE; THENCE CONTINUING
SOUTHEASTERLY ALONG THE NORTHERLY RIGHT -OF -WAY LINE ON A CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 26°48'14" AND A RADIUS OF
340.00' FOR 159.06' TO THE "POINT OF BEGINNING" OF SAID TRACT OF
LAND; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHERLY
RIGHT -OF -WAY LINE ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 8°57'40" AND A RADIUS OF 340.00' FOR 53.18' TO A POINT OF
REVERSE CURVE; THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHERLY RIGHT -OF -WAY LINE ON A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 21°26'33" AND A RADIUS OF 260.00' FOR 97.30';
THENCE DUE WEST FOR 50.90'; THENCE N 58°09'36" W FOR 96.691;
THENCE DUE NORTH FOR 17.53' TO THE "POINT OF BEGINNING" OF SAID
TRACT OF LAND.
EXHIBIT "C"
BOARD OF ADJUSTMENT EXHIBIT IF
NATIONAL STEAK AND POULTRY
IN ME
E/2 OFTHE NE14
SECTION 31 T -21N, R -14 -E
CITY OF MASSO, TULSA COUMY,