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HomeMy WebLinkAbout953_Nunc Pro Tunc_OA 09-03_30 Acres NE C 106 & GarnettTulsa County Clerk - EARLENE WILSON Doc # 2011043968 Page(s): 2 Recorded 06/23/2011 at 01:17 PM Receipt # 273645 Fee $15.00 OWASSO ORDINANCE NO. 953 Nunc Pro Tunc AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4, SE/4) OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (NE/4,NE/4) OF SECTION 9, 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 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 November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 17," day of November, 2009, 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, 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: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE/4) OF SECTION FOUR (4) TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (NE/4,NE/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4 SAID POINT BEING THE POINT OF BEGINNING; THENCE S 01019'46" E ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 40.00 FEET TO A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 20 IN SECTION 9; THENCE S 88°44'45" W ALONG SAID LINE A DISTANCE OF 355.28 FEET, THENCE N 01°19'46" W A DISTANCE OF 470.68' FEET; THENCE S 88°40'14" W A DISTANCE OF 378.51 FEET; THENCE N 01 019'46" W A DISTANCE OF 889.91 FEET; THENCE N 88°45'54" E A DISTANCE OF 733.79 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 4; THENCE S 01 °19'46" E ALONG SAID LINE A DISTANCE OF 1319.85' 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 anc 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 dafe 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. Bonebrake APPROVED AS TO FORM AND CONTENT: Lqm& Juli Lombardi, City Attorney PASSED AND APPROVED this day of May, 2011. PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 05/26/11 CASE NUMBER: ORD NO, 953 AD NO: 00124847 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied 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 27th day of May, 2011. Notary Public NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 177.80 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12 -8 -2014 124947 Published In the Owasso Reporter, Owasso, Tulsa County, Okla- homa, May 29, 2011. CITY OF OWASSO ORDINANCE NO. 953 Nuns Pro Tune AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE4, SE/4) OF SEC- TION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (NE4,NEAV OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EASYY OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PRO- VIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DE- SCRIBED 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 ORDI- NANCES OF THE CITY OF OWASSO, OKLAHOMA ES- TABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDI- NANCE. 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 writ- ing, 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, to tending that said property be i roved and added to the City of Owasso is submitted; and WHEREAS, norwe of the presentation of said Petition was given by the Petitioner by publication In the Owasso Reporter, a news- paper of general circulabon published In the City of Owasso. Okla- homa. and notice was 91van that said PedHlon would bed at itl- ared by the City Council of the City of Owasso, at a meeting to be held on November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 17th day of November, 2009, said Petition was duly considered by the City Council and was demmuned to have complied with the provisions of Tile 11, Section 21 -103, at seq., of the Oklahoma Statutes, and further, that proper legal no- led of presentation 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 petition pre- sented to me City Council in accordance with the provisions of Ti- Ile 11, Section 21 -103, at sap., of the Oklahoma Statutes, and mare particularly described as follows, to-wt: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUAR- TER OF THE SOUTHEAST QUARTER (SEA SEA � OF SEC- TION FOUR (4) TOWNSHIP TWENTY -ONE (21 NORTH, RANGE FOURTEEN (14) EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (14E4,NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN. T ULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRISEO AS FOLLOWS TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4 SAID POINT BEING THE POINT OF BEGIN- NING; THENCE S 01.19'd6' E ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 40.00 FEET TO A POINT OF THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE HIGH- WAY 20 IN SECTION 9; THENCE B 811'"45' W ALONG SAID LINE A DISTANCE OF 355.28 FEET; THENCE N 01 °19'46' W A DISTANCE OF 470.68' FEET; THENCE S 88 °40'14' W A DISTANCE OF 378.51 FEET; THENCE N 01 °19'46' W A DISTANCE OF 889.91 FEET; THENCE N 88 °45'54' E A DISTANCE OF 733.79 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 4; THENCE S 01 °1946" E ALONG SAID LINE A DISTANCE OF 1319.85' FEET TO THE POINT OF BEGINNING. ba, 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 de- scribed temitary and real estate. Section 2. That from and after the Passage and publication of this ordinance. the real estate and termory 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 prop- arty situated thereon, shall be and are hereby declared to be sub - fact to me jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Suction 3_ All ordin tdoes, 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 un- constitutional, invalid or Ineffective, the remaining portion shall not be affected but shalt remain In full fame and effect. c The provisions of this ordinance shall become stied, live thirty (30) days from the date of final passage as provided by state law. Suathn fi That there be filed M the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordi- nance, together with an accurate map of the territory hereby an- nexed. PASSED AND APPROVED this 17th day of May, 2011 /a/ Doug Sonabraks, Mayor ATTEST: /a/ Sherry Bishop, City Clerk APPROVED AS TO FORM AND CONTENT: /s/ Julie Lombaoll,Cty Attorney The Cite Wit bur Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 953 Nunc Pro Tunc DATE: May 13, 2011 BACKGROUND: On January 7, 2010 Ordinance #962 was recorded in Tulsa County. On December 7, 2009 Ordinance #953 was recorded in Tulsa County. These two ordinances relate to a project known as the Encore at Elm Creek, an +/-18 acre planned unit development comprised of commercial and multi-family residential uses located at the northwest corner of 1 16th Street North (SH-20) and 145th East Ave. Ordinance #953 involved the annexation of the property and Ordinance #962 recorded the zoning on the property as OPUD 09-01, with underlying zoning of rnulti-family residential and commercial general zoning districts. On December 9, 2009 the Tulsa County Assessor's office brought to the attention of the City Planner an error with Ordinance #953 (Annexation Ordinance). On March 10, 2011 this error, which apparently had not been resolved, was again brought to the attention of the Community Development Department by the Tulsa County Assessor's Office. The error was associated with the fact that the legal description for boundary did not close and that the boundary extended into a portion of Section 9, Township 21 North, Range 15 East. On March 10, 2011 it was also brought to the attention of the Community Development Department that there was an error associated with Ordinance #962 (Zoning Ordinance), which also involved an incorrect legal description. In order to correct ordinance No. 962 and 953, staff prepared revised legal descriptions for each and included these descriptions within a new corrective ordinance called nunc pro tunc - literally, "now for then." In order for the change to be effective, the nunc pro tune ordinance must be approved, thereby replacing the previous ordinance that had an erroneous legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance 953 Nunc Pro Tunc. ATTACHMENTS: 1. Ordinances No. 953 Nunc Pro Tunc Tulsa County Clerk - EARLENE WILSON 8 -. Doc # 2009124398 Page(s): 2 8 Recorded 12/07/2009 at 11:31 AM Receipt # 183006 Fee $15.00 OWASSO ORDINANCE NO. 953 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE /4, SE /4) OF SECTION 4, 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 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 November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 17th day of November, 2009, 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, 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: A tract of land located in the Southeast Quarter of the Southeast Quarter (SE /4, SE /4) of Section Four (4), Township Twenty -One (2 1) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, being more particularly described as follows to wit: Commencing at the Southeast Corner of said Section 4 said Point of Beginning; Thence S 01 °19'46" E along the Easterly line thereof a distance of 40.00 feet to a point on the Southerly Right -of -Way line of State Highway 20; Thence S 88 °44'45" W along said line a distance of 356.81 feet; Thence N 01'08'13" W a distance of 470.06 feet; Thence S 88 °45'54" W a distance of 381.50 feet; Thence North 01'08'13" W a distance of 889.91 feet; Thence N 88 °45'54" E a distance of 673.62 feet to a point on the Easterly line of said Section 4; Thence S O1 °19'46" E along said Line of Distance of 1319.85 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 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 th's 1St day of December, 2009. Stephen Cataudella, Mayor ATTES Sherry BisWp, City APPROVED AS TO FORM: lie Lombardi, City Attorney PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 12/10/09 CASE NUMBER: ORD NO. 953 AD NO: 00094042 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 weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied 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) Subscribed to and sworn to me this 11th day of December, 2009. Notary Public CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 2ustomer #: 00000779 Zustomer: CITY OF OWASSO Publisher's Fee: 44.80 NANCYCAROlM00RE Notary Public -Slate ofOWahoma Tulsa Cawy ,2010 Commission # 06011694 94042 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 10, 2009. CITY OF OWASSO ORDINANCE NO. 953 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTH- EAST QUARTER (SE/4, SE14) OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. 6 M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERN- MENTSURVEYTHEREOF , PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OFTHIS ORDINANCE THAT ALL OFTHE REAL PROPERTY WITHIN SAIDTERRITORY HERE- IN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARINGTHAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDIC- TION, 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 PASSED AND APPROVED this 1st day of December, 2009. /a/ Stephen Cataudelle, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 953 DATE: NOVEMBER25,2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved OA 09 -03, a request for the annexation into the Corporate Limits of the City of Owasso approximately 30 acres located at the northeast corner of East 106°i Street North and North Garnett Road. Attached is a copy of Ordinance No. 953 that formally adopts the City Council's action of November 17, 2009. The Council took the action on the annexation request following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 953. ATTACHMENT: 1. Ordinance No. 953 Subject Tract 300' Radius Subject QA 09 -03