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HomeMy WebLinkAbout909_Nunc Pro Tunc_OA 07-09_Lake Valley V_E of N 145 E Ave S of State HWY 20007495 Book 2405 pg: 889 06/10/2014 11:21 am Pg 0889 -0893 Fee: $ 21.00 Doc: $ 0.00 Robin Anderson - Rogers County Clerk State of Okrahoma CITY OF OWASSO ORDINANCE NO. 909 (Nunc Pro Tunc) AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW /4, NW /4) SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, ROGERS COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, 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 h TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF 4 SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, on February 5, 2008 the City Council approved Ordinance No. 909 annexing to the City of Owasso, Oklahoma additional lands and territory. The legal description on said ordinance was erroneous and did not accurately describe the land. The correct legal description for Ordinance 909 is as follows: The south 450.00 feet of the NW /4 of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said 450.00 feet being as measured perpendicularly from the south line of the NW /4 of the NW /4 of said Section 10. LESS AND EXCEPT: Beginning at the southwest corner of the NW /4 of the NW /4 of Section 10, T -21 -N, R -1 4 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the southwest corner of the tract described in the "Quit -Claim Deed" (QCD) recorded in Book 1327, Page 207, and filed in the records of the Rogers County Clerk's Office; Thence N 00 °07'06" W along the west line of said QCD a distance of 1 2.00 feet; Thence S 89 05014" E along the north line of said QCD a distance of 361.50 feet; Thence S 00 007'06" E along the east line or said QCD a distance of 11.50 feet to a point on the south line of the NW /4 of the NW /4 of said Section 10; Thence N 89 055 '00" W along the south line of said QCD a distance of 361.50 feet to the "Point of Beginning." Said tract contains a net area of 590,974 square feet or 13.5669 acres. The non - astronomic bearings for said tracts are based on an assumed bearing of N 00 °07'06" W along the west line of the NW /4 of Section 10, T -21 -N, R -1 4 -E of Indian Meridian, Rogers County, State of Oklahoma, according to the U.S. Government Survey thereof. 1- 2014- 007495 Book 2405 Pg: 890 06110/2014 11:21 am Pg 0889 -0893 Fee: $21.00 pDoc: $ 0.00 Robin Anderson t f Okl9aho County Clerk 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 January 15, 2008 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 15th day of January, 2008, 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 has been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1. That the following described territory lying in Rogers 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: The south 450.00 feet of the NW /4 of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said 450.00 feet being as measured perpendicularly from the south line of the NW /4 of the NW /4 of said Section 10. LESS AND EXCEPT Beginning at the southwest corner of the NW /4 of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the southwest corner of the tract described in the 'Quit - Claim Deed" (QCD) recorded in Book 1327, Page 207, and filed in the records of the Rogers County Clerk's Office; Thence N 00 007'06" W along the west line of said QCD a distance of 12.00 feet; Thence S 89 050'14" E along the north line of said QCD a distance of 361.50 feet; Thence S 00 007'06" E along the east line or said QCD a distance of 11.50 feet to a point on the south line of the NW /4 of the NW /4 of said Section 10; Thence N 89 °55'00" W along the south line of said QCD a distance of 361.50 feet to the "Point of Beginning." Said tract contains a net area of 590,974 square feet or 13.5669 acres a 1- 2014- 007495 Book 2405 F" 891 06/10/2014 11:21 am Pg 0889 -0893 Fee: $ 21.00 Doc: $ 0.00 Robin Anderson - Roppers County Clerk State of Okrahome The non - astronomic bearings for said tracts are based on an assumed bearing of N 00 007'06" W along the west line of the NW /4 of Section 10, T -21 -N, R -1 4 -E of Indian Meridian, Rogers County, State of Oklahoma, according to the U.S. Government Survey thereof. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. 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 of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6, That there be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. SEAL ATTEST: PASSED AND APPROVED this 31d day of June, 2014 Mayor APPROVE AS TO Julie lombardi, City Attorney 1- 2014 - 007495 Book 2405 pg: 892 06/10/2014 11:21 am Pg 0889 -0893 Fee: $ 21.00 Doc: $ 0.00 Robin Anderson - Ro9gers County Clerk State of ON homa Location Map Church STATE HIGHWAY 20 Chustnu! Farms [I Lake Valley Acres EAST 106TH STREET NORTH Unplalted Section 16 Rogers County 13.5669 Acres 21 VetteY Estates Il Unplated P 21 1 -2014- 007495 Book 2405 pg: 893 06/10/2014 11:21 am P9 0889 -0893 Fee: $ 21.00 Doc: $ 0.00 Location Map Robin Anderson - Ro9ers County Clerk State of Oklahoma 05/27/2014 please contact owasso Public staff for the most up-to--date Information- city without Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Urban and Long Range Planner SUBJECT: Ordinance No. 909 Nunc Pro Tunc DATE: May 30, 2014 BACKGROUND: In February of 2008, the Owasso City Council approved Ordinance No. 909 that annexed property for future development of the Lake Valley subdivision. On June 17, 2008, the City Council approved OPUD 08 -01 and then approved Ordinance No. 923, which formally rezoned 13.5669 acres from AG to RS -3, OPUD 08 -01. All legal notices were correct, but the correct language was not included in the final ordinance. Research of Ordinance No. 909 indicates a scrivener's error occurred with the legal description of the annexation. The original Ordinance No. 909 described only a 12 by 361 foot narrow strip of land rather than 13.5669 acres which was proposed to be annexed. The scrivener's error with Ordinance No. 909 needs to be corrected to allow for the property to be brought into City Limits to allow for development of future phases of Lake Valley. In order to correct the scrivener's error associated with Ordinance No.909, staff prepared a revised legal description for the property within a new corrective ordinance called nunc pro tunc, which is Latin literally meaning, "now for then." In order for the change to be effective, the nunc pro tunc ordinance must be approved, thereby replacing the previous ordinance that had an erroneous legal description. By virtue of this action, it ensures that all of Lake Valley is annexed into the City of Owasso and can be developed accordingly. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 909 Nunc Pro Tunc. ATTACHMENT: 1. Ordinance No. 909 Nunc Pro Tunc PUBLISHER'S AFFIDAVIT ORDINANCE NO. 909 PUBLICATION DATE(S) 02/12/08 CASE NUMBER: ORD NO. 909 AD NO: 00049656 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I 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) Repre sentative Signature Subscribed to and sworn to me this 13th day of February, 2008. Notary Public NAaCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 158.20 i # 06011684 49656 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, February 12, 2008. CITY OF OWASSO ORDINANCE Nit. 909 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TFTHE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS ANOTERRITORY INTHE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 14, NW 14) OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.S. & M,TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF 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 DECLARINGTHAT ALL PERSONS RESIDINGTHEREIN SHALL BE SUBJECTTOTHE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CRY OF OWASSO, OKLAHOMA ESTABLISHINGTHE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OFTHIS ORDINANCE WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, at seq., of the Oklahoma Statutes, the City of Owasso Is permitted to annex additional territory providing a pethlon 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 pub. lication 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 15, 2008 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 15th day of January, 2008, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Tftle 11, Section 21 -103, at seq., of the Oklahoma Statutes, and further, that proper legal notice of presen- tation of saitl petition had been given. NOW,THEREFORE, BE IT ORDAINED BYTHE COUNCIL OFTHE 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 peti- tion presented to the City Council In accordance with the provisions ofT01e 11. Section 21- 103, at seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: Beginning at the southwest comer of the NW 14 of the NW 14 of Section 10, T -21 -N, R,1 4-E of the Indian Meddlan, Rogers County, Stale of Oklahoma, according to the Official U.S. Government Surrey thereof, said point being also the southwest comer of the Tract described in the "Quit-Claim Deed' (OCO) recorded In Back 1327, Page 207, and filed in the records of the Rogers County Clerk's office. Thence N W "07'08 "W along the west line of said QCD a distance of 12.00 feat; Thence B 89 °50'14° E along the north line of said QCO a distance of 361.50 feet; Thence S 00 °07'08" E along the east line of said QCD a distance of 11.50 feet to a point on the south line of the NWy4 of the NW /4 of said Section 10; Thence N 89 °55'00" W along the south line of said OCD a distance of 361.50 feet to the "Point of Beginning ". be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. 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 sit- uated 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 All ordinances, or parts of ordinances, In conflict with this ordinance are here- by repealed to the extent of the conflict only. election 4 If any part or parts of this ordinance are domed unconstitutional, invalid or Ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5 The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be tiled in the office of the County Clark of Tulsa County. Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 5th day of February, 2009. /a/ Stephen Cataudella, Mayor ATTEST: /a/ Sherry Bishop, City Clark APPROVED AS TO FORM: /s/ Julie Lombard), City Attorney Tulsa County Clerk- EARLENE WILSON Doc # 2008017493 Pages 2 Receipt # 970390 02/20/08 11:02:53 000970 900 Fee 15.00 CITY OF OWASSO ORDINANCE NO. 909 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW /4, NW /4) OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, 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 Ciiy 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 January 15, 2008 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 15`h day of January, 2008, 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, tSection 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: Beginning at the southwest corner of the NW /4 of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the southwest corner of the tract described in the "Quit -Claim Deed" (QCD) recorded in Book 1327, Page 207, and filed in the records of the Rogers County Clerk's office. Thence N 00 °07'06 "W along the west line of said QCD a distance of 12.00 feet; Thence S 89'50'14" E along the north line of said QCD a distance of 361.50 feet; Thence S 00 °07'06" E along the east line of said QCD a distance of 11.50 feet to a point on the south line of the NW /4 of the NW /4 of said Section 10; Thence N 89 °55'00" W along the south line of said QCD a distance of 361.50 feet to the "Point of Beginning ". be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. 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 of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become of ctiv , thirty (30) days from the date of final passage as provided by state law. Section 6. 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. OFFICIAL PASSED AND APPROVED this 5th day of February, 2008. SEAL Stephen Cataudella, Mayor APPROVED AS TO FORM: Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORDINANCE NO. 909 02/12/08 CASE NUMBER: ORD NO. 909 AD NO: 00049656 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 13th day of February, 2008. Notary Public - N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 158.20 ' . NANCY CAROL MOORE Notary Public - 8iate of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 49656 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, February 12, 2008. CITY OF OWASSO ORDINANCE NO. 909 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS ANDTERRITORY INTHE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW /4, NW /4) OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, 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 SUBJECTTO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHINGTHE 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, at 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 pub- lication 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 15, 2008 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 15th day of January, 2008, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21 -103, at seq., of the Oklahoma Statutes, and further, that proper legal notice of presen- tation of said petition had been given. 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 peti- tion presented to the City Council in accordance with the provisions of Title 11, Section 21- 103, at seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: Beginning at the southwest corner of the NW 14 of the NW /4 of Section 10, T -21 -N, R-1 4-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the southwest corner of the tract described in the "Quit -Claim Deed" (QCD) recorded in Book 1327, Page 207, and filed in the records of the Rogers County Clerk's office. Thence N 00°07'06 "W along the west line of said QCD a distance of 12.00 feet; Thence S 89 °50'14" E along the north line of said QCD a distance of 361.50 feet; Thence S 00 °07'06" E along the east line of said QCD a distance of 11.50 feet to a point on the south line of the NW 14 of the NW 14 of said Section 10; Thence N 89 °55'00" W along the south line of said QCD a distance of 361.50 feet to the "Point of Beginning ". be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. 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 sit- uated 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. All ordinances, or parts of ordinances, in conflict with this ordinance are here- by repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. 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. PASSED AND APPROVED this 5th day of February, 2008. /s/ Stephen Cataudella, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REQUEST FOR ANNEXATION — (OA- 07 -09) DATE: January 10, 2008 BACKGROUND: The City of Owasso has received a request to annex 13.57 acres located on the east side of North 145th East Avenue, t/a mile south of State Highway 20. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Undeveloped land, and Graceland Memorial Cemetery South: Undeveloped land, planned for single - family development East: Chestnut Farms single - family subdivision West: Unplatted single - family PRESENT ZONING: AG (Agriculture District) Rogers County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning and can happen concurrently with annexation. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. ANNEXATION REVIEW PROCESS: The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation, and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials, the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials, and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits, an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted, the ordinance is circulated to the appropriate regional and national agencies for recording and altering maps. ANALYSIS: The applicant is requesting that the City of Owasso annex approximately 13 acres, located on the east side of North 145th East Avenue, 1/4 mile south of State Highway 20. It is the applicant's intention to develop the property to accommodate single - family detached houses. In order for such a development to be approved, after annexation the property must be rezoned or placed within a Planned Unit Development (PUD). Then, the area must be included within a subdivision plat. However, in order for the City of Owasso to consider such actions, the property must first be placed within the city limits. Therefore, the applicant has requested that the land be annexed into Owasso as the first step in the development process. Currently, the subject tract is undeveloped and contains no structures. The property is bounded to the east, south, and west by a mixture of undeveloped land and single - family developments of varying densities. Additionally, Graceland Memorial Cemetery lies north of the site. As required by Oklahoma statutes, the City is notifying all owners of property within 300' of the territory requested for annexation. So far, the staff has not received citizen comments about the request. The property is accessible via North 145th East Avenue, and lies within the Washington County Rural Water District #3 water service area. The nearest municipal wastewater main lies to the south of the property in the Lake Valley subdivision. PLANNING COMMISSION: The Owasso Planning Commission unanimously approved the annexation request at a public hearing conducted on January 7, 2008. RECOMMENDATION: The staff recommends approval of this request for annexation. ATTACHMENTS: 1. General Area Map 2. Legal description of property Lake Valley V Annexation Location Map Location Map Chestnut Chestnut Farms II Farms Ranch Church STATE HIGHWAY 20 Lake Valley Lake II Unplatted Estates II EAST 106TH STREET NORTH Unplatted Section 10 Rogers County 13.5669 Acres Lake Valley V Annexation Location Map Chestnut Chestnut Farms II Farms Ranch Acres Estates Lake Valley Ranch Lake II Acres Valley Unplatted Estates II Unplatted T 21 N Lake Valley V Annexation Location Map NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA APPLICATION: OA -07 -09 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission at Old Central, 109 N. Birch, at 6:00 P.M. on the 7`1' day of January, 2008. At that time, consideration will be given to the petitioned annexation of the following described property: Thirteen acres located on the east side of N. 145 "' E. Ave., %4 mile south of State Highway 20. The south 450.00 of the NW /4 of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said 450.00 feet being as measured perpendicularly from the south line of the NW /4 of the NW /4 of said Section 10. LESS AND EXCEPT: Beginning at the southwest corner of the NW /4 of the NW /4 of Section 10, T -21 -N, R- 14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the southwest corner of the tract described in the "Quit -Claim Deed" (QCD) recorded in Book 1327, Page 207, and filed in the records of the Rogers County Clerk's office. Thence N 00 °07'06 "W along the west line of said QCD a distance of 12.00 feet; Thence S 89'50'14" E along the north line of said QCD a distance of 361.50 feet; Thence S 00 °07'06" E along the east line of said QCD a distance of 11.50 feet to a point on the south line of the NW /4 of the NW /4 of said Section 10; Thence N 89 °55'00" W along the south line of said QCD a distance of 361.50 feet to the "Point of Beginning ". Said tract contains a net area of 590,974 square feet or 13.5669 acres. The non - astronomic bearings for said tracts are based on an assumed bearing of N 00 °07'06 "W along the west line of the NW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof. All persons interested in this matter may be present at the hearing and present their objections to or arguments for the above matter. For more information on the proposed annexation, contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1541. Dated at Owasso, Oklahoma, this 18`' day of December, 2007. Marsha Hensley Assistant City Planner