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HomeMy WebLinkAbout958_Detachment of Propertry_2.48 acres 193rd E ave Between E 76 St N and E 72nd St n1- 2009 - 020935 Book 2078 Pg: 114 ( 12/31/2009 8:36 am Pg 0114 -0115 Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong of Oklahoma County Clerk CITY OF OWASSO ORDINANCE NO. 958 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, A SIXTY (60) FOOT WIDE TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE /4) OF SECTION THIRTY -SIX (36) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; ROGERS COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NE /4 OF SEC. 36, T -21 -N, R- 14 -E,_ I.B. &M.; THENCE S 1 110'43" E ALONG u THE EAST LINE OF SAID NE /4 A DISTANCE OF 1799.66 FEET; THENCE S y 88 049'17" W A DISTANCE OF 60.00 FEET; THENCE N 1 010'43" W A DISTANCE OF (� 1799.51 FEET TO THE NORTH LINE OF SAID NE /4; THENCE N 88 °40'59" E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.48 ACRES, MORE OR LESS. WHEREAS, pursuant to the provisions of Title 11, Section 21 -110 of the Oklahoma 0 Statutes, the City of Owasso is permitted to detach territory from the corporate limits of the municipality when an ordinance is enacted by the governing body of the municipality directing Q that such territory shall be detached; and, WHEREAS, on the 15th day of December, 2009, said Ordinance was duly considered by s) the City Council and was determined to have complied with the provisions of Title 11, Section 2 1 -110 of the Oklahoma Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Rogers County, Oklahoma, which is a part of the present corporate limits of the City of Owasso and is described as follows to -wit: A Sixty (60) foot wide tract of land located in the Northeast Quarter (NE /4) of Section Thirty -Six (36) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Rogers County, State of Oklahoma, being more particularly described as follows; Beginning at the NE corner of the NE /4 of Sec. 36, T -21 -N, R -14 -E, I.B. &M.; Thence S 1'10'43" E along the east line of said NE /4 a distance of 1799.66 feet; Thence S 88'49'17" W a distance of 60.00 feet; Thence N 1 °10'43" W a distance of 1799.51 feet to the north line of said NE /4; Thence N 88 °40'59" E a distance of 60.00 feet to the Point of Beginning, and containing 2.48 acres, more or less. is hereby detached from the City of Owasso, Oklahoma, pursuant to the provisions of Title 11, Section 2 1 -110 of the Oklahoma Statutes, and the corporate limits of the municipality shall be amended to exclude the above described territory and real estate from the corporate limits of Owasso, Oklahoma.. 1- 2009 - 020935 Book 2078 Pg: 115 12/31/2009 8:36 am Pg 0114 -0115 Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma 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 Rogers County, Oklahoma, 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 Rogers County, Oklahoma, in all respects and particulars. Section 3. Any 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. A true and correct copy of this Ordinance, together with an accurate map of the territory detached and the resulting corporate limits of the City of Owasso, Oklahoma, shall be filed in the Office of the County Clerk of Rogers County. PASSED AND APPROVED this 15th day of December, 2009. tires OFFICIAL Stephen C taudella, Mayor SEAL ATTEST Sherry Bishop City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 958 PUBLICATION DATE(S) 12/22/09 CASE NUMBER: ORD NO. 958 AD NUMBER: 00094754 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) Representative Signature Subscribed to and sworn to me this 23rd day of December, 2009 Notary Public , NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO 9454 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 22, 2009. CITY OF OWASSO ORDINANCE NO. 958 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, A SIXTY (60) FOOT WIDE TRACT OF LAND LOCAT- ED IN THE NORTHEAST QUARTER (NE14) OF SECTION THIRTY - SIX (36) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; ROGERS COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NE/4 OF SEC. 36, T -21 -N, R -14 -E, I.B. &M.; THENCE S 1 °10'43" E ALONG THE EAST LINE OF SAID NE/4 A DISTANCE OF 1799.66 FEET; THENCE S 88 °49'17" W A DISTANCE OF 60.00 FEET; THENCE N 1 °10'43" W A DISTANCE OF 1799.51 FEET TO THE NORTH LINE OF SAID NE14; THENCE N 88 °40'59" E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.48 ACRES, MORE OR LESS. WHEREAS, pursuant to the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes, the City of Owasso is permitted to detach ter- ritory from the corporate limits of the municipality when an ordinance is enacted by the governing body of the municipality directing that such territory shall be detached; and, WHEREAS, on the 15th day of December, 2009, said Ordinance was duly considered by the City Council and was determined to have com- plied with the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Rogers County, Oklahoma, which is a part of the present corporate limits of the City of Owasso and is described as follows to -wit: A Sixty (60) foot wide tract of land located in the Northeast Quarter (NE/4) of Section Thirty -Six (36) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof; Rogers County, State of Oklahoma, being more particularly described as fol- lows; Beginning at the NE corner of the NE/4 of Sec. 36, T -21 -N, R -14 -E, I.B. &M.; Thence S 1 °10'43" E along the east line of said NE/4 a dis- tance of 1799.66 feet; Thence S 88'49'17' W a distance of 60.00 feet; Thence N 1'10'43" W a distance of 1799.51 feet to the north line of said NE/4; Thence N 88 °40'59" E a distance of 60.00 feet to the Point of Beginning, and containing 2.48 acres, more or less. is hereby detached from the City of Owasso, Oklahoma, pursuant to the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes, and the corporate limits of the municipality shall be amended to exclude the above described territory and real estate from the corpo- rate limits of Owasso, Oklahoma.. 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 Rogers County, Oklahoma, 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 Rogers County, Oklahoma, in all respects and particulars. Section 3. Any 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 uncon- stitutional, 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. A true and correct copy of this Ordinance, together with an accurate map of the territory detached and the resulting corporate lim- its of the City of Owasso, Oklahoma, shall be filed in the Office of the County Clerk of Rogers County. PASSED AND APPROVED this 15th day of December, 2009 /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney Publisher's Fee: 133.00 NANCY CAROL MOORE Notary Public- State otOklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 94754 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 22, 2009. CITY OF OWASSO ORDINANCE NO. 958 AN ORDINANCE DETACHING FROM THE CITY OF OWASSO, OKLAHOMA, A SIXTY (60) FOOT WIDE TRACT OF LAND LOCAT- ED IN THE NORTHEAST QUARTER (NE14) OF SECTION THIRTY - SIX (36) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; ROGERS COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE NE/4 OF SEC. 36, T -21 -N, R -14 -E, I.B. &M.; THENCE S 1 °10'43" E ALONG THE EAST LINE OF SAID NE/4 A DISTANCE OF 1799.66 FEET; THENCE S 88 °49'17" W A DISTANCE OF 60.00 FEET; THENCE N 1 °10'43" W A DISTANCE OF 1799.51 FEET TO THE NORTH LINE OF SAID NE14; THENCE N 88 °40'59" E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2.48 ACRES, MORE OR LESS. WHEREAS, pursuant to the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes, the City of Owasso is permitted to detach ter- ritory from the corporate limits of the municipality when an ordinance is enacted by the governing body of the municipality directing that such territory shall be detached; and, WHEREAS, on the 15th day of December, 2009, said Ordinance was duly considered by the City Council and was determined to have com- plied with the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Rogers County, Oklahoma, which is a part of the present corporate limits of the City of Owasso and is described as follows to -wit: A Sixty (60) foot wide tract of land located in the Northeast Quarter (NE/4) of Section Thirty -Six (36) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof; Rogers County, State of Oklahoma, being more particularly described as fol- lows; Beginning at the NE corner of the NE/4 of Sec. 36, T -21 -N, R -14 -E, I.B. &M.; Thence S 1 °10'43" E along the east line of said NE/4 a dis- tance of 1799.66 feet; Thence S 88'49'17' W a distance of 60.00 feet; Thence N 1'10'43" W a distance of 1799.51 feet to the north line of said NE/4; Thence N 88 °40'59" E a distance of 60.00 feet to the Point of Beginning, and containing 2.48 acres, more or less. is hereby detached from the City of Owasso, Oklahoma, pursuant to the provisions of Title 11, Section 21 -110 of the Oklahoma Statutes, and the corporate limits of the municipality shall be amended to exclude the above described territory and real estate from the corpo- rate limits of Owasso, Oklahoma.. 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 Rogers County, Oklahoma, 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 Rogers County, Oklahoma, in all respects and particulars. Section 3. Any 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 uncon- stitutional, 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. A true and correct copy of this Ordinance, together with an accurate map of the territory detached and the resulting corporate lim- its of the City of Owasso, Oklahoma, shall be filed in the Office of the County Clerk of Rogers County. PASSED AND APPROVED this 15th day of December, 2009 /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRIAN DEMPSTER INTERIM COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 958 DATE: December 11, 2009 BACKGROUND: The City of Owasso has received a request to detach 2.48 acres of right of way located along 193rd East Avenue between E. 76th Street North and E. 72 °d Street North to allow for road improvements to be performed by Rogers County. ANALYSIS: Rogers County will be performing road improvements along 193rd East Avenue to include the section of 193rd East Avenue between E. 76th Street North and E. 72 Street North. This section of roadway is a small portion of a large planned Rogers County improvement project that will improve 193rd East Avenue from E. 76th Street North all the way to E. 46th Street North. PLANNING COMMISSION MEETING: The Owasso Planning Commission reviewed and approved this item 3 -0 at their regular meeting on December 7, 2009. This request is for Council to approve Ordinance No. 958. This ordinance will take official action to detach from the City of Owasso 2.48 acres located along 193rd East Avenue between E. 76th Street North and E. 72 "d Street North. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 958. ATTACHMENTS: 1. Ordinance No. 958 2. Location Map