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HomeMy WebLinkAbout818_OPUD 05-02_Residential Development_76 & 141 StTulsa County Clerk - EARLENE WILSON Doc# 2007054267 Pages 2 Receipt # 925222 05/18/07 10:51:1 1 Fee 15.00 CITY OF OWASSO ORDINANCE NO. 818 Nunc Pro Tunc NE0009252-2002A AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD- 05 -02, PROVIDING GUIDELINES FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND LOCATED IN SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA. WHEREAS, on July 5, 2005 Ordinance number 818 was passed approving OPUD- 05 -02, a Planned Unit Development. The legal description on said ordinance was erroneous. The correct legal description for Ordinance 818 is as follows: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE N 88 °34'27" E A DISTANCE OF 2150.00 FEET, THENCE S 04 °20'06" E A DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, QKLAHOMA, THE POINT OF BEGINNING. THENCE N 88 034'27" E A DISTANCE OF 642.55 FEET, THENCE S 05 039'30" E A DISTANCE OF 13.50 FEET, THENCE S 47 047'22 "W A DISTANCE OF 175.97 FEET, THENCE S 4 043'39 "W A DISTANCE OF 177.48 FEET, THENCE S 01 037'08" E A DISTANCE OF 1021.74 FEET, THENCE N 88 038'15" E A DISTANCE OF 1947.64 FEET, THENCE S 01 015'45 "E A DISTANCE OF 1319.00 FEET, THENCE S 88 038'37" W A DISTANCE OF 661.00 FEET, THENCE S 01 °15'45" E A DISTANCE OF 659.00 FEET, THENCE S 88 045'04" W A DISTANCE OF 2647.00 FEET, THENCE N 00 041'36" W A DISTANCE OF 2245.88 FEET TO THE SOUTHWEST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THENCE N 54 000'00" E A DISTANCE OF 165.46 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 50.18 FEET, A BEGINNING ANGLE OF S 37 024'26 "W, A ENDING ANGLE OF N 68 000'06" E AND AN ARC LENGTH OF 131.72 FEET, THENCE N 54 °00'00 "E A DISTANCE OF 487.26 FEET, THENCE N 36 052'32" E A DISTANCE OF 51.17 FEET, THENCE N 32 °00'00" E A DISTANCE OF 376.71 FEET, THENCE N 00 000'00 "W A DISTANCE OF 252.52 FEET TO THE POINT OF BEGINNING. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD- 05 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE N 88 °34'27" E A DISTANCE OF 2150.00 FEET, THENCE S 04 °20'06" E A DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THE POINT OF BEGINNING. THENCE N 88 034'27" E A DISTANCE OF 642.55 FEET, THENCE S 05 039'30" E A DISTANCE OF 13.50 FEET, THENCE S 47 047'22 "W A DISTANCE OF 175.97 FEET, THENCE S 4 °43'39 "W A DISTANCE OF 177.48 FEET, THENCE S 01 037'08" E A DISTANCE OF 1021.74 FEET, THENCE N 88 038'15" E A DISTANCE OF 1947.64 FEET, THENCE S 01 015'45 "E A DISTANCE OF 1319.00 FEET, THENCE S 88 038'37" W A DISTANCE OF 661.00 FEET, THENCE S 01 °15'45" E A DISTANCE OF 659.00 FEET, THENCE S 88 045'04" W A DISTANCE OF 2647.00 FEET, THENCE N 00 041'36" W A DISTANCE OF 2245.88 FEET TO THE SOUTHWEST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THENCE N 54 °00'00" E A DISTANCE OF 165.46 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 50.18 FEET, A BEGINNING ANGLE OF S 37 024'26 "W, A ENDING ANGLE OF N 68 °00'06" E AND AN ARC LENGTH OF 131.72 FEET, THENCE N 54 000'00 "E A DISTANCE OF 487.26 FEET, THENCE N 36 052'32" E A DISTANCE OF 51.17 FEET, THENCE N 32 000'00" E A DISTANCE OF 376.71 FEET, THENCE N 00 000'00 "W A DISTANCE OF 252.52 FEET TO THE POINT OF BEGINNING. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a par hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. J, City Attorney May, 2007. Stephen tataudella, Mayor GRACELAND Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com PRAT SUBJECT PROPERTY 166 ACRES OPUD 05 -01 CROWN COLONY 11 APRR 11, 2005 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: NUNC PRO TUNC ORDINANCES 818 AND 830 DATE: May 11, 2007 BACKGROUND: As part of an inventory of development ordinances over the past few years, the staff has double - checked legal descriptions for annexations, easement closures, rezonings, and PUDs that have been approved since 2002. In all 131 ordinances were examined, and two legal descriptions were found that are incorrect. One of these legal descriptions is for ordinance No. 818, approving a Planned Unit Development (PUD) for a residential development southeast of Crown Colony (the case map is attached with this memorandum). The other legal description is for ordinance No. 830, approving a rezoning for 40 acres at the northeast corner of East 106th Street North and North 129' East Avenue (this case map is also attached). In order to correct these ordinances, the staff has prepared revised legal descriptions for each of them and has included these descriptions within new corrective ordinances called nunc pro tunc — literally, "now for then ". In order for the changes to be effective, the nunc pro tunc ordinances must be approved, thereby replacing the previous ordinances that had erroneous legal descriptions. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 818 Nunc Pro Tunc and Ordinance No. 830 Nunc Pro Tunc. ATTACHMENTS: 1. Ordinance No. 818 Nunc Pro Tunc 2. Case Map for Ordinance No. 818 3. Ordinance No. 830 Nunc Pro Tunc 4. Case Map for Ordinance 830 Tulsa County Clerk - EARLENE WILSON ii Doc# 200508000 Pgs 2 Receipt # 8307694 07/18/05 13:57:30 Fee 15.00 CITY OF OWAU A000807694004A ORDINANCE NO. 818 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD 05-02, PROVIDING GUIDELINES FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND CONTAINING APPROXIMATELY 166.28 ACRES, LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER (E/2 NW/4) AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW/4 NE/4) AND THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (W/2 SE/4 NE/4) AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (N/2 NW/4 SE/4) AND THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (N/2 NE/4 SW/4) OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. WHEREAS, public hearings have been held regarding the request for approval df a Planned Unit Development concer-n-mg the property herein described, and, W:sue REAS, the Owasso City Council has considered the recommendation of the Owam Planning Com rmssio n and all statements for and against the requested approval of OPUD- 05 -01. NOW, THEREFORE, BE 7, ORDAINED BY THE Crrl COUNICIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1. That the zoning map of ffie City of Owasso, Oklahoma be amended to reflect the suppleme.IW designa-bon of PI D (Plapmed Unit Development) on the following descnbed property, to wit: A TRACT OF LAND LOCATED IN TIM WEST HALF (W/2) OF THE NORTHWEST QU,,A.RTEER (N W/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION TIURTY- TIMEE (33), TOWNSHIP TWENTY-ONE (21) NOR TI-L RANGE FOURTEEN (14) EAST OF THE NIDIAN BASE AND MIF-RIDIANN (13.& M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICUILARLY. DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO-WIT: BEG INN ING AT THE NW CORNER OF THE W/2 NW/4 NEA OF SEC.33, T-21-N, R-14-E, THEIN-3CE N 89'59'48' E ALO` G THE NORTH LINE OF SAID W/2 NW/4 NEA A DISTANCE OF 173.56 FEET; THENCE S 00'00'12" E A DISTANCE OF 30.00 FEET; 7111EENCE S 47036'17'9 W A DISTANCE OF 177.39 FEET; THENCE S 04'2644" W A DISTANCE OF 177.89 FEET; T1 -1ENCE S 00'12'58" W A DISTANCE OF 991.44 FEET TO A POINT ON THE SOUTH LINE OF SAID W12 NW/4 NEA; THENCE N 8958'48" W A DISTANCE OF 30.00 FEET TO TTIE SW CORNER OF SAID X1/2 /4 NE/4; THENCE N 00012'58" E A DISTANCE OF 1318.39 FEET TO THE PONT OF BEGINNING. LESS A NIND EXCEPT A TRACT OF I—AND IN THE NE/4, NW/4 OF SECTION 33, TOWNSHIP 21 NORTH, RANGE, 14 EAST, OF THE I.B.&TIVI., TULSA COUNT Y, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNIENCING AT YHE N-,%7 CORNER OF TIM NEA OF TEE -N"WY4 OF SAID SECTION 33; THENCE EAST A DISTANCE OF 15.42' TO TE P T OF BEGINNING; TIMINCE S 0016'13"W A DISTANCE OF 1043,503; THENCE N 54'0'0" E A DIST NCE OF 165.46'- THENCE 131.72' ALONG A CURVE. TO THE LEFT HAVING A RADIUS OF 50' AND A CHORD OF N 5400'0" E 96.80% THENCE N 54'0'0" E A DISTANCE OF 487.26'; THENCE N' 36'52`32" E A DISTANCE OF 51.17% THENCE N 3200'0" E A DISTANCE OF 3 76.71; THENCE NORTH A DISTANCE OF 242.52% TFENCE WEST A DISTANCE OF 831.78' TO THE POINT OF BEGNT . TIHENICE S 988'40'25" W A DISTANCE OF 5 13,86 FEET; THEICE S 48© 154'03" W A DISTANCE OF 1026.61 FEET TO THE NORTHERLY RIGHT-OF-WAY OF EAST 98'�"STREET NOR TI H; FIFIENCE S 880 44'33" W ALONG THE NORTHERLY RIGHT-OF-WAY OF EAST 98u' STREET NORTH AND ALONG T'H ENO RTH LINE OF LOT 1, BLOC. 2 OF SAID OWASSO MARKET 11 A DISTANCE OF 1984.20 FEET TO THE "POINT OF BEGINNING". OPUD 05-01 SAID TACT CONTAINS PRO XIMATELY 166.28 ACRES, MORE OR LESS. Section 2. The City Council hereby authofims deve-opmentupon such tiact in accordance w1*1 the provisions of the OutIme Development Plan submitted vath the applicauon, as well as all amendments or modifications, thereto, as required by the City Council, same being hereby made a part hereof and marked Exhibit "A". Section 3. 'That ah ordinances or parts of ordinances in conffict, herewitli be, and the s are hereby expressly repealed. PASSEDAIND kPPROVED this 5th day of July, 2005. APPROVED AS TO FORM: OFFICIAL SEAL 10 OPUD 05-01 PUBLISHER'S AFFIDAVIT ORD NO. 818 PUBLICATION DATE(S) 05/22/07 CASE NUMBER: ORD NO. 818 AD NUMBER: 00031473 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 23rd day of May, 2007 Notary Public N,46 CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO MICY CAROL MOORE Publisher's Fee: 113.10 , Plolory Public • State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 31473 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 22, 2007 CITY OF OWASSO ORDINANCE NO. 818 Nunc Pro Tunc AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD- 05 -02, PROVIDING GUIDELINES FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND LOCATED IN SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M.,TULSA COUNTY, OKLAHOMA. WHEREAS, on July 5, 2005 Ordinance number 818 was passed approving OPUD -05- 02, a Planned Unit Development. The legal description on said ordinance was erro- neous. The correct legal description for Ordinance 818 is as follows: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE N 88 °34'2T' E A DISTANCE OF 2150.00 FEET, THENCE S 04 °20'06" E A DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THE POINT OF BEGINNING. THENCE N 88 °34'27" E A DISTANCE OF 642.55 FEET, THENCE S 05 °39'30" E A DISTANCE OF 13.50 FEET, THENCE S 47 °47'22'w A DISTANCE OF 175.97 FEET, THENCE S 4 °43'39 "W A DISTANCE OF 177.48 FEET, THENCE S 01'37'08" E A DISTANCE OF 1021.74 FEET, THENCE N 88-38'16'E A DISTANCE OF 1947.64 FEET, THENCE S 01 °15'45 "E A DISTANCE OF 1319.00 FEET, THENCE S 88 °38'37" W A DISTANCE OF 661.00 FEET, THENCE S 01 °15'45" E A DISTANCE OF 659.00 FEET, THENCE S 88 °45'04" W A DISTANCE OF 2647.00 FEET, THENCE N 00 °41'36" W A DISTANCE OF 2245.88 FEET TO THE SOUTHWEST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THENCE N 54'00'00"E A DISTANCE OF 165.46 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 50.18 FEET, A BEGINNING ANGLE OFS 37 °24'26 "W, A ENDING ANGLE OF N 68 000'06" E AND AN ARC LENGTH OF 131.72 FEET, THENCE N 54 °00'00 "E A DISTANCE OF 487.26 FEET, THENCE N 36 °52'32" E A DISTANCE OF 51.17 FEET, THENCE N 32 °00'00" E A DISTANCE OF 376.71 FEET, THENCE N 00 °00'00 "W A DISTANCE OF 252.52 FEET TO THE POINT OF BEGINNING. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD- 05 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWAS- SO, OKLAHOMA; Section 1. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE N 88 °34'27" E A DISTANCE OF 2150.00 FEET, THENCE S 04 °20'06" E A DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THE POINT OF BEGINNING. THENCE N 88 °34'27" E A DISTANCE OF 642.55 FEET, THENCE S 05'39'39'E A DISTANCE OF 13.50 FEET, THENCE S 47 °47'22 "W A DISTANCE OF 175.97 FEET, THENCE S 4 °43'39 "W A DISTANCE OF 177.48 FEET, THENCE S 01'37'09'E A DISTANCE OF 1021.74 FEET, THENCE N 88 °38'15" E A DISTANCE OF 1947.64 FEET, THENCE S 01 °15'45 "E A DISTANCE OF 1319.00 FEET, THENCE S 88 °38'3T' W A DISTANCE OF 661.00 FEET, THENCE S 01-15'46'E A DISTANCE OF 659.00 FEET, THENCE S 88-45'04!'W A DISTANCE OF 2647.00 FEET, THENCE N 00 °41'36" W A DISTANCE OF 2245.88 FEET TO THE SOUTHWEST CORNER OF CROWN COLONY, AN ADDITION IN TULSA COUNTY, OKLAHOMA, THENCE N 54 °00'00" E A DISTANCE OF 165.46 FEET TO A POINT ON A CURVE TO THE RIGHT WITH A RADIUS OF 50.18 FEET, A BEGINNING ANGLE OF S 37 °24'26 "W, A ENDING ANGLE OF N 68 °00'06" E AND AN ARC LENGTH OF 131.72 FEET, THENCE N 54 °00'00 "E A DISTANCE OF 487.26 FEET, THENCE N 36 °52'32" E A DISTANCE OF 51.17 FEET, THENCE N 32 °00'00" E A DISTANCE OF 376.71 FEET, THENCE N 00 °00'00 "W A DISTANCE OF 252.52 FEET TO THE POINT OF BEGINNING. Section 2. The City Council hereby authorizes development upon such tract in accor- dance with the provisions of the Outline Development Plan submitted with the applica- tion, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a par hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. ATTEST: /s/Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi City Attorney APPROVED this 15th day of May, 2007. /s/Stephen Cataudella, Mayor TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: NUNC PRO TUNC ORDINANCES 818 AND 830 DATE: May 11, 2007 BACKGROUND: As part of an inventory of development ordinances over the past few years, the staff has double - checked legal descriptions for annexations, easement closures, rezonings, and PUDs that have been approved since 2002. In all 131 ordinances were examined, and two legal descriptions were found that are incorrect. One of these legal descriptions is for ordinance No. 818, approving a Planned Unit Development (PUD) for a residential development southeast of Crown Colony (the case map is attached with this memorandum). The other legal description is for ordinance No. 830, approving a rezoning for 40 acres at the northeast corner of East 106'b Street North and North 129th East Avenue (this case map is also attached). In order to correct these ordinances, the staff has prepared revised legal descriptions for each of them and has included these descriptions within new corrective ordinances called nunc pro tune — literally, "now for then ". In order for the changes to be effective, the nunc pro tune ordinances must be approved, thereby replacing the previous ordinances that had erroneous legal descriptions. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 818 Nunc Pro Tune and Ordinance No. 830 Nunc Pro Tune. ATTACHMENTS: 1. Ordinance No. 818 Nunc Pro Tune 2. Case Map for Ordinance No. 818 3. Ordinance No. 830 Nunc Pro Tune 4. Case Map for Ordinance 830 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 166 ACRES OPUD 05 -01 CROWN COLONY H Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Mary J. Retherford, of lawful age, being duly sworn and authorized, says that she is the pub- lisher of the Owasso Reporter, a weekly news- paper published in the City of Owasso, Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publi- cations as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other re- quirements of the laws of Oklahoma with refer- ence to legal publications. That said notice, a true copy of which is at- tached hereto, was published in the regular edi- tion of said newspaper during the period and time of publications and not in a supplement, on the following dates: JULY 12 2005 Subscribed and s m o befo e me this 13TH day of JULY, 2005 Notary Public My Commission expires: PUBLISHERS'S FEE $ 246.40 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, July 12, 2005. CITY OF OWASSO ORDINANCE NO. 818 AN ORDINANCE APPROVING PLANNED UNIT DEVELOP - MENTAPPLICATION NO. OPUD- 05.02, PROVIDING GUIDE- LINES FOR RESIDENTIAL DEVELOPMENT ON ATRACT OF LAND CONTAINING APPROXIMATELY 166.28 ACRES, LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER (E/2 NW /4) AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER ISW/4 NE141 AND THE QUARTER (14/2 NE/4 SW/4) OF SEC NORTH, RANGE 14 EAST OF THE I. TY, OKLAHOMA ACCORDING TO GOVERNMENT SURVEY THEREOF. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property, herein described and. WHEREAS, the Owasso City Council has considered the recom. mendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD- 05 -01. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF OWASSO, OKLAHOMA; Section 1. That the zoning map of the City of Owasso, Okla. homa be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: ATRACT OF LAND LOCATED E. I.B. &M.; THENCE N 89 °5948' E ALONG THE NORTH LINE OF SAID W/2 NW /4 NE/4 A DISTANCE OF 173.56 FEET; THENCE S 00 °00'12' E A DISTANCE OF 30.00 FEET; THENCE S 47 °3617' W A DISTANCE OF 177.39 FEET; THENCE S 04 °2644' W A DISTANCE OF 177.89 FEET; THENCE S 00-12'58'W A DISTANCE OF 991.44 FEET TO A POINT ON THE SOUTH LINE OF SAID W12 NW 14 NEA: THENCE N 89 °58'48' W A DISTANCE OF 30.00 FEET TO THE SW CORNER OF SAID W/2 NW /4 NE14; THENCE N 00 °12'58' E A DISTANCE OF 1318.39 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT A TRACT OF LAND IN THE NE/4, NWA OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NE/4 OF THE NW /4 OF SAID SECTION 33; THENCE EAST A DISTANCE OF 15.42' TO THE POINT OF BEGINNING; THENCE S 0 °16'13' W A DISTANCE OF 1043.50`, THENCE N 54 °0'0' E A DISTANCE OF 165.46'; THENCE 131.72' ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50' AND A CHORD OF N 54 °0'0' E 96.80'; THENCE N 5410'0' E A DISTANCE OF 487.26'; THENCE N 36 °52'32° E A DISTANCE OF 51.17'; THENCE N 32 °0'0' E A DISTANCE OF 376.71; THENCE NORTH A DISTANCE OF 242.52'; THENCE WEST A DIS- TANCE OF 831.78' TO THE POINT OF BEGINNING. THENCE S 88-40'25'W A DISTANCE OF 513.86 FEET; THENCE S 48154'03' W A DISTANCE OF 1026.61 FEET TO THE NORTHERLY RIGHT -OF -WAY OF EAST 98TH STREET NORTH; THENCE S 88° 44'33'W ALONG THE NORTHERLY RIGHT - OF -WAY OF EAST 98TH STREET NORTH AND ALONG THE NORTH LINE OF LOT 1, BLOCK 2 OF SAID OWASSO MAR- KET If A DISTANCE OF 1984.20 FEET TO THE 'POINT OF BEGINNING'. SAID TRACT CONTAINS APPROXIMATELY 166.28 ACRES, MORE OR LESS. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Coun- cil, same being hereby made a part hereof and marked Exhibit'A'. Section 3. That all ordinances or pads of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 5th day of July, 2005 City of Owasso, Oklahoma /s/ Creig Thoandel, Mayor ATTEST: /a/ Sherry Bishop, City Clerk Sherry Bishop. City Clerk APPROVED AS TO FORM: /a/ Bob Buss Adomey at Law