HomeMy WebLinkAbout2003 13_Condemnation Proccedings_2003.08.19Imo :17 - f 'I OIA, OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA,
PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT
RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
EAST AVENUE WIDENING PROJECT.
WHEREAS: The City, by and through officers and agents thereof, has endeavored to obtain
Permanent Right -of -Way and Temporary Construction Easement, copies of same
attached hereto and marked Exhibit A, deemed necessary for the 129`x' East
Avenue Widening Project form Wayne Alberty and Donna Ruth Alberty, husband
and wife;
WHEREAS: In connection with such efforts to obtain the needed Permanent Right -of -Way and
Temporary Construction Easement consensually, the City, by and through officers
and agents thereof, has made bona fide good faith offers to purchase same; and,
WHEREAS: The above referred landowners have rejected such offers and by reasons thereof
Condemnation proceedings as provided for under the Constitution and Statutes of
the State of Oklahoma are necessary.
1101,11 THEREFORE BE IT RESOLVED THAT BY THE CITY COUNCIL OF THE
CITYOF OWASSO, OKLAHOMA:
THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to
initiate and prosecute to the conclusion thereof condemnation proceedings against
Wayne Alberty and Donna Ruth Alberty, husband and wife, to obtain the
necessary Permanent Right -of -Way and Temporary Construction Easement as set
forth in Exhibit A hereto as well as any additional relief to which the City may, by
law, be entitled to.
APPROVED AND ADOPTED this � ;p day of � � � �� ��� � , 2003 by the City Council of
the City of Owasso, Oklahoma.
F
Clary Cochran, Mayor
City Clerk
Se
OFFICIAL
APPROVED AS TO FORM:
pp
-Sfepfien P. Gray, City °Attorney j'
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THIS INDENTURE made this day of 5 2003 by and between Wayne
Alberty and Donna Ruth Alberty, Husband and Wife, ("Grantor(s)") and the City of Owasso, a body
corporate and politic and an instrumentality of the State of Oklahoma ("Grantee").
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That for and in consideration of the sum of Ten Dollars and No/l 00 ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the Grantors do, by these presents,
grant, bargain, sell and convey unto the Grantee, its successors or assigns, all of their right, title and interest
in and to the following described real estate and premises, and including all right, title and interest in and
to the airspace, light and view above the surface of the following described real estate, to wit:
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together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in any
wise appertaining forever. The reservation and exception of mineral rights herein does not include rock,
gravel, sand and other road building materials.
To have and to hold the same free, clear and discharged of and from all former grants, charges,
taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature, reserving and
excepting the mineral interests therein; provided, however, that any explorations or development of said
reserved mineral rights shall not directly or indirectly interfere with the use of said land by the Grantee.
IN WITNESS WHEREOF, Grantors have executed or caused to be executed, this instrument the
day and year first above written.
State of Oklahoma
)ss
County Tulsa
Before me, a Notary Public in and for this State, on this - day of
2003, personally appeared, Wayne Alberty and Donna Ruth Alberty, Husband and Wife, to me known to
be the identical person(s) ' who executed the within and foregoing instrument, and
acknowledged to me that executed the same as free and voluntary act and deed for the
uses and purposes therein set forth.
111111111 pill � 11111111111111111111 111�1111111 IN
11 i ;;; 11 1 - �, , I a
Notary Public
My Commission Expires:
That Wayne Alberty and Donna Ruth Alberty- Husband and Wife (GRANTOR)
haa this day granted to the City of Owasso, Tulsa County, Oklahoma, (CITY) a
temporary easement over the following described land: '
The sole purpose of this easement is to grant to the CITY the right to enter upon
L he above described tract of land for the purpose of constructin4:d» - »ay entrance to
accommodate said premises to the construction or reconstruction of the street adjacent
thereto; including the right to use and remove any and all dirt, rock, gravel, sand and
other road building materials from the above tract of land.
It is a condition of this easement that it shall not be filed for record and that all
rights of the CITY inch above described right-of-way shall terminate upon completion
of construction of the street project.
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E. 86th ST.
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SE Corner, SEC. 20
EXHIBIT A
TRACT NO.O.
PERMANENT RIGHT-OF-WAY
TEMPORARY CONSTRUCTION EASEMENT
OWNER: DONNA RUTH ALBERTY
LOCATION: A TRACT OF LAND IN THE
E12 OF SECTION 20, T-21-N, R-14-E
LEGEND
m PERMANENT RIGHT-OF-WAY
TEMPORARY CONSTRUCTION
EASEMENT
POINT OF
BEGINNING
PERMANENT RIGHT-OF-WAY
(11,220.00 SO. FT.)
PARCEL 2
1"=100'
Tract No. 02 — Pe-m-axp—ti-1jr
Real Estate: A tract of land in the East Half (E/2) of Section 20, T-21-N, R-14E of the Indian
Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government
Survey thereof, more particularly described in the General Warranty Deed attached hereto
and made a part hereof. (Deed Book: 4703 Page: 914, Tulsa County Clerks Office)
Permanent Right-of-Way Description: A tract of land more particularly described as
follows:
PARCEL
COMMENCING at the Southeast Comer of Section 20, T-21-N, R-14-E; Thence northerly
along the east line of said section for a distance of 3007.54 feet; Thence westerly along south
property line a distance of 33.00 feet to a Point of Beginning; Thence westerly along the
south property line a distance of 17.00 feet; Thence northerly along a line parallel to the east
line of said section a distance of 660.00 feet; Thence easterly along the north property line a
distance of 17.00 feet; Thence southerly along a line parallel to the east line of said section
for a distance of 660.00 feet to the Point of Beginning, said tract containing 0.26 acres, more
or less.
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described as follows:
COMMENCING at the Southeast Comer of Section 20, T-21-N, R-14-E; Thence northerly
along the east line of said section for a distance of 3007.54 feet; Thence westerly along south
property line a distance of 50.00 feet; Thence northerly along a line parallel to the east line
of said section a distance of 266.25 feet to a Point of Beginning; Thence westerly along a line
perpendicular to the east line of said section a distance of 20.00 feet; Thence northerly along
a line parallel to the east line of said section a distance of 200.00 feet; Thence westerly along
a line perpendicular to the east line of said section a distance of 15.00 feet; Thence northerly
along a line parallel to the east line of said section a distance of 30.00 feet; Thence easterly
and perpendicular to the east section line a distance of 35.00 feet; Thence southerly along a
line parallel to the east line of said section a distance of 230.00' to the point of beg'
eg U* =* 91
said tract containing 0.12 acres, more or less.
*WNER: Donna Ruth Alberty
TRACT 02. DOC