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Home My WebLink About960_Amended from Tulsa Co to Rogers Co_OA 09.06_5Acres SE C 106 & N 145Doc # 2023- 003706 03/27/2023 12:38:55 PM Total Pg(s): 3 Fee: $ 22.00 Jeanne M. Heidlage, Rogers County Clerk Rogers County - State of Oklahoma CITY OF OWASSO ORDINANCE NO. 960 NUNC PRO TUNC AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 15, 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 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 December 15, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and, WHEREAS, on the 15`f day of December, 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 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: A tract of land in the Northwest Quarter (NW /4) of Section Fifteen (15), Township Ord 960 Nunc Pro Tunc Page 2 of 3 Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to -wit: Beginning at the Northwest Corner of said Northwest Quarter (NW /4); Thence South 89°59'34" East a distance of 538.00 feet; thence South 00°00'26" West a distance of 195.80 feet; thence south 44°17'31" West a distance of 252.60 feet; thence South 27°52'06" West a distance of 167.64; Thence South 89°58'27" West a distance of 282.98 feet to a Point on the West Line of said Section Fifteen (15), Thence North 00°01'33" West a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres 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. Juliann M. Stevens, City Clerk City Attorney Ord 960 Nunc Pro Tune Page 2 of 3 PASSED AND ADOPTED this 21st day of March, 2023 Kelly Lewis, Mayor SUBJECT PROPERTY CITY OF OWASSO Ill N. Main Strmt P.O. Box 180 OK 74055 11 Weekly Group CITY OF OWASSOILEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102.1770 Account Number 1015023 Date March 29, 2023 Date Category Description Ad Size Total Cost 03/2W023 Legal Notices ORD 960 2 x 97.00 CL 144.16 Publbhe0 in hn, OwosN Reverter, Owasso, Tub. Canty, Utah.., March 29, 2act CRY OF OWA59O ORDINANCE NO. %a NUNC PRO TUNC 111[1 with mis oMinonra arc Mmbv repepl.a m Ihv .Ntml .1 no. In. MI. a hoot yioma .s be tl1e0 in the ante at the Coonl9 Oklahoma, a true and mrract copy r with an accurate map at the larrb this 21" nay pimm'ch. 2122. ChTAnamw -- Y� Affidavit o; rLiblication 1 Brenda Brumbaugh , of lawful age, being duly sworn, am a legal representative or the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in TbIsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal, publication. 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 DATE(S) LISTED BELOW - 03292023 Newspaper reference: 0000800326 Sworn to and subscribed before me this date: NOTARY PUBLIC- STATE OF OKLAHOMA MY COMMISSION EXPIRES SEP:11, 2023 COMMISSION; # 1 t90Q9,197 My Commission expires: TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Ordinance 960 Nunc Pro Tunc DATE: March 17, 2023 BACKGROUND: APPROVED BY COUNCIL MAR 2 12023 On January 5, 2010, the City Council adopted Ordinance 960, approving annexation request OA 09-06 of approximately five (5) acres located at the southeast corner of East 106th Street North and North 145th East Avenue. A scrivener's error has been discovered within the document, describing the property as being located within Tulsa County. The appropriate location should read Rogers County. AMENDED ORDINANCE: This type of error is corrected by adoption of a Nunc Pro Tunc ordinance which is literally translated from Latin as "now for then." Staff has drafted an amended ordinance to correct the property location to read Rogers County. Upon City Council adoption, the corrected ordinance will be filed with the Rogers County Clerk's office, thereby replacing Ordinance 960. RECOMMENDATION: Staff recommends adoption of the Ordinance 960 Nunc Pro Tunc. ATTACHMENT: Ordinance 960 Nunc Pro Tunc Tulsa County Clerk - EARLENE WILSON Doc # 2010001574 Page(s): 3 Recorded 01/07/2010 at 10:31 AM Receipt # 187995 Fee $17.00 CITY OF OWASSO ORDINANCE NO. 960 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 15, 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 December 15, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and, WHEREAS, on the 15'h day of December, 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 filrther, 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 in the Northwest Quarter (NW/4) of Section Fifteen (15), Township Twenty-One (21) North, Range Fourteen (14) Fast of the Indian Base and Meridian, -12 Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to-wit: Beginning at the Northwest Corner of said Northwest Quarter (N W/4); Thence South 89°59'34" East a distance of 538.00 feet; thence South 00°00'26" West a distance of 195.80 feet; thence south 44°17'31" West a distance of 252.60 feet; thence South 27°52'06" West a distance of 167.64; Thence South 89°58'27" West a distance of 282.98 feet to a Point on the West Line of said Section Fifteen (15), Thence North 00°01'33" West a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres 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. OFFICIAL SEAL ATTEST: Sherry PASSED AND APPROVED is 5th day of January, 2010. Stephel Cataudella, Mayor APPROVED TO FORM: Lombardi, City Attorney Legend North 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 SUBJECT PROPERTY CITY OF OWASSO 11/04/09 PUBLISHER'S AFFIDAVIT ORD NO. 960 PUBLICATION DATE(S) 01/12/10 95566 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, January 12, 2010 CITY OF OWASSO ORDINANCE NO. 960 CASE NUMBER: ORD NO. 960 AD NUMBER: 00095566 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa AN ORDINANCE ACCEPTING, ADDING, AND ANNEXINGTOTHE CITY OF OWAS- SO, OKLAHOMA, ADDITIONAL LANDS ANDTERRITORY, OF SECTION 15,TOWN- SHIP 21 NORTH, RANGE 14 EAST OF THE I. B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TOTHE 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 DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLA- HOMA, 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 ESTABLISHING 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, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory pro- viding 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, SC the same being contiguous to the corporate limits of the City of Owasso, requesting 7 that said property be annexed and added to the City of Owasso is submitted; and, 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) Rep entative Signature Subscribed to and sworn to me this 13th day of January, 2010. Notary Public NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 152.60 NANCY CAROL MOORE Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 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 con- sidered by the City Council of the City of Owasso, at a meeting to be held on December 15, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and, WHEREAS, on the 15th day of December, 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 BYTHE COUNCIL OFTHE CITY OF OWAS- SO, 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 in the Northwest Quarter (NW/4) of Section Fifteen (15), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to-wit: Beginning at the Northwest Corner of said Northwest Quarter (NW/4); Thence South 89°59'34" East a distance of 538.00 feet; thence South 00°00'26" West a distance of 195.80 feet; thence south 44°17'31" West a distance of 252.60 feet; thence South 27°52'06" West a distance of 167.64; Thence South 89°58'27" West a distance of 282.98 feet to a Point on the West Line of said Section Fifteen (15), Thence North 00°01'33" West a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres 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 proper- ty 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 . 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 January, 2010 /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: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 960 (OA 09-06) DATE: DECEMBER 28, 2009 BACKGROUND: At the December 15, 2009 meeting, the Owasso City Council approved a request to annex into the corporate limits of the City of Owasso approximately 5 acres located at the southeast corner of East 106t1i Street North and North 145th East Avenue. Attached is a copy of Ordinance No. 960 that formally adopts the City Council's action of December 15, 2009. The Council took action on this annexation request following the Planning Commission's approval on December 7, 2009. RECOMMENDATION: The staff recommends City Council approval of Ordinance No. 960. ATTACHMENT: 1. Ordinance No. 960