HomeMy WebLinkAbout1985 12_Needs to aquire certain property_1985.07.16"CITY OF OAASSO, ORLAHOMA
RESOLUTION NO 85-
A RESOLUTION DECLARING TOE NECESSITY FOR ACQUIRING
CERTAIN REAL PROPERTY, lOaO PAaTICULnRLY HEREINAFTER
DESCR13ED, ALL WIT010 TlE COUNTY OF TULSA, STATE OF
OILAHOMA, FOR THE PURPOSE OF CONSTRUCTION OF UTILITY
IMPROVEMENTS, MORE PARTICULARLY SAOITARY SSWER LINE
ON ADJACENT PROPERTY IN THE CITY OF OWASSO, COUNTY OF
TULSA, STATE OF OKLAHOMA, ALL OF SAID PROPERTY TO BE
USED FOR TEMPORARY CONSTRUCTION PURPOSES ONLY, ALL AS
SET FORTH IN EXHIBIT -A- HERETO, SAME BEING ENGINEER
DRAWING SHEETS 10, 11 AND !!A; DECLARING THE NECESSITY
FOR ACQUIRING THE SAID PROPERTY FOR TEMPORARY CONSTRUC-
T10N PURPOSES; AND DECLARING AN EMERGENCY.
hHEREAS, the City of Owasso, Oklahoma, has located a
sanitary sewer line known as the Ranch Creek Sewer
interceptor System, and is continuing construction thereon,
extending said line further north of said City for the
purpose of carrying wastewater and proposes to construct and
install said line on property adjacent to the hereinafter
described lands; and,
WHEREAS, the City of Owasso, Oklahoma, has found it
necessary to appropriate the hereinafter described tracts of-
ran for the purpose of having sufficient working space for a
period of one (1) year, to enable the construction and
installation of the Ranch Creek Sewer interceptor System line
on properties adjacent to the hereinafter described tracts;
and,
WHEREAS, the City of Owasso, Oklahoma, has made a
diligent effort, in good faith, to acquire, by purchase, from,
the owners thereof, the right to go upon and across the
hereinafter described tracts, temporarily, for purposes of
construction of the above referenced line on the adjacent
tracts and the said owners have refused and still refuse to
grant and convey to the City of Owasso, Oklahoma, a temporary
easement for construction purposes, to the lands necessary
for the purposes aforesaid; an
WHEREAS, there are now on hand remaining unexpended and
unencumbered funds available, sufficient for the said purpose
and an amount suit dent to pay for said temporary
construction easement,
NOW, THEREFORE BE IT RESOLVED B! TOE CITY COUNCIL OF THE
CITY OF OWASSO, OILAHOMA:
Section 1: That the acquisition and appropriation of a
temporary construction easement, on the hereinafter described
real estate, all as set forth in Exhibit "A" hereto, same
being Engineer Drawing Sheets 10, 11 and 11A, is necessary
for the purpose of constructing the Ranch Creek Sewer
interceptor line and the said purpose requires the
acquisition of a temporary construction easement, all as set
forth in Exhibit "A" hereto, same being Engineer Drawing
Sheets 10, 11 and 11A, in the properties described as:
The West Half of the Southeast Quarter of the
Southeast Quarter (W/2 SE /4 SE/4) of Section
13, Township 21 North, Range 13 East of the
Indian Base and Meridian, lying between and
situate east of the A.T. & S.F. Railroad Right-
of-Way; less the East Half of the Southeast
Quarter of the Southwest Quarter of the South-
east Quarter of the Southeast Quarter (E/2 SE/4
SW/'? SEA SEA) of said Section 13, Tulsa County,
State of Oklahoma.
owners being Henry L. and Daisy B. Allison, husband and wife,
The easement shall be thirty feet (301) in width along
the western boundary of the owners property parallel to the
A T- & S.F. Railroad Right-of-Nay, a distance of 1388 feet,
the route for which is generally described as follows:
Commencing at the Southwest Corner of the above
reterenced tract; thence northeasterly, parallel
to the A.T. & S.F. Railroad Right-of-Way, a
distance of 1388 feet; thence easterly a distance
of 30 feet; thence southwesterly, parallel to the
A . & S.F. Railroad Right-of-Way, a distance of
1388 feet; thence westerly a distance of 30 feet
to the Point of Beginning,
Section-2: That the City of Owasso, Oklahoma, has heretofore
offered the owners of said property a fair, just and.
reasonable price for the conveyance and grant of an easement
by them to the City of Owasso, Oklahoma, and that said offers
have been rejected and all negotiations and efforts to
acquire said temporary easement on said land by agreement
have failed.
Section 3: That the City Attorney is hereby authorized and
directed to institute proceedings for condemnation of a
temporary easement of the hereinabove described real estate
for purposes as heretofore stated.
Section 4: That delay in obtaining the temporary
construction easement hereinbefore referred to presents a
situation whereby the C ity of Owasso, Oklahoma, will suffer
great financial loss in the form of contractors penalties and
that by reason thereof an emergency is hereby declared to
exist whereby this Resolution shall take effect immediately
from and after its adoption and approval.
PASSED AND APPROVED this l6th day of July, 1985, with the
emergency clause ruled upon separately and approved
separately,
Attest-
Cli
Ann Hendrick"son, City Cler
Ai=�;.z,v d as to Form:
Ronald D. Cafes, City Attorney
CITY a''NOWASSO, OKLAHOMA
BY:
BOY3 ............
ncer, Mayor