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HomeMy WebLinkAbout980_OPUD 10-01_NW C of 129th E Ave and 66th St NB AG to RS-3Tulsa County Clerk - EARLENE WILSON Doc # 2011018850 Page(s): 2 Recorded 03/04/2011 at 02:06 PM o, Receipt # 260146 Fee $15.00 OWASSO ORDINANCE NO. 980 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD-10-01, PROVIDING GUIDELINES FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND CONTAINING APPROXIMATELY 19.75 ACRES, LOCATED IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. 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-10-01. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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: A tract of land located in the E/2 of the SE/4 of Section 32, T-21-N, R-14-E of the Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: The E/2 of the SE/4 of the SE/4 AND the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; LESS AND EXCEPT Beginning at the Northeast corner of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; THENCE S 00° 10'35" W along the Easterly line of the SE/4 of Section 32 a distance of 318.67 feet; THENCE N 87°45'31" W a distance of 566.88 feet; THENCE N 00° 10'35" E and parallel with the east line of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32 a distance of 296.46 feet to the Northerly line of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; THENCE N 89°59'49" E along the Northerly line of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32 a distance of 566.52 feet to the 'Point of Beginning'; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32: THENCE N 00°10'35" E along the east line of the SE/4 of Section 32 a distance of 827.00 feet to the 'Point of Beginning'; THENCE N 89°49'25" W and perpendicular to the east line of said SE/4 a distance of 326.40 feet; THENCE N 00°10'35" E and parallel with the east line of said SE/4 a distance of 165.40 feet; THENCE S 89° 49'25" E and perpendicular to the east line of said SE/4 a distance of 326.40 feet to the east line of said SE/4; THENCE S 00° 10'35" W along the east line of said SE/4 a distance of 165.40 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 part of such Outline Development Plan and included therewith. Ordinance No. 980 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1st day of March, 2011. CITY OF oWASSO, OFFICIAL , Mayor ATTEST: Sherry B APPROVED AS TO FORM: JulIe Lombardi, City Attorney Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com RESERVE @ ELM CREEK LOCATION MAP N W E S 1/12/11 PUBLISHER'S AFFIDAVIT ORD NO. 979 PUBLICATION DATE(S) 03/09/11 119852 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 9, 2011. CITY OF OWASSO ORDINANCE NO. 979 CASE NUMBER: ORD NO. 979 AD NO: 00119852 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWAS- SO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 8, TOWN- SHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PRO- VIDEDTHAT FROM AND AFTERTHE PASSAGE AND PUBLICATION OFTHIS ORDI- NANCE 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 SUB- JECTTOTHE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OFTHE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTINGTHE FILING OFTHIS 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 provid- ing a petition in writing, signed by not less than three-fourths of the legal voters and own- ers of not less than three-fourths (in value) of the property hereinafter described, the SS 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, 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 10th day of March, 2011. Notary Public Nr NCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 162.40 j NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 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 February 15, 2011 at 6:30 PM at Old Central, Owasso, Oklahoma; and, WHEREAS, on the 15th day of February, 2011, 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 pres- entation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 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, is more particularly described as fol- lows, to-wit: A tract of land located in the West Half of the Northeast Quarter of the Southwest Quarter (W/2 NE/4 SW/4) of Section Eight (8), Township Twenty-one (21) 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: Commencing at the Northwest corner of the SW/4 of Section 8, Township 21 North, Range 14 East of the Indian Base and Meridian; Thence S 1°24'50" E along the West line of said SW/4 a distance of 1320.54 feet to the Southwest corner of the NW/4 of said SW/4; Thence N 88°44'20" E a distance of 1323.48 feet to the Southwest corner of the NE/4 of said SW/4 being the Point of Beginning; Thence N 1'21'11" W along the West line of said NE/4 SW/4 a distance of 990.15 feet; Thence N 88°44'59" E a distance of 662.27 feet to a point on the East line of the W/2 of said NE/4 SW/4; Thence S 1'19'22" E a distance of 990.03 feet to the Southeast corner of said W/2 NE/4 SW/4; Thence S 88`44'20" W a distance of 661.74 feet to the Point of Beginning, and containing 15.05 acres, more or less. 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, con- trol, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particu- lars. 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. ecti n . 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 1st day of March, 2011. /s/Doug Bonebrake, Mayor ATTEST :/s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney The City Without Limits TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 980 DATE: February 25, 2011 BACKGROUND: At the February 15, 2011 meeting, the Owasso City Council approved a request to rezone a piece of property located at the northwest corner of 129th East Avenue and 66th Street North from an Agricultural District to a Planned Unit Development (OPUD 10-01) with an underlying zoning of RS-3. Attached is a copy of Ordinance No. 980 that formally adopts the City Council's action of February 15, 2011. The Council took action on this rezoning request following the Planning Commission's approval on February 7, 2011. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 980. ATTACHMENTS: 1. Ordinance No. 980