HomeMy WebLinkAbout2016 02_Right-of-Way (Cavins, 96th to 106th)_2016.03.15CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN PERMANENT RIGHT -OF -WAY
AND TEMPORARY AND PERMANENT EASEMENTS FOR THE NORTH GARNETT
ROAD WIDENING PROJECT FROM 96TH STREET NORTH TO 106TH STREET NORTH.
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to obtain permanent right -of -way for the legal description of
property, attached hereto and marked Exhibit "A," deemed necessary for the
Garnett Road Widening Project from 96th Street North to 106th Street from the
landowner, Cavins Owasso, 1, LLC;
WHEREAS: In connection with such efforts to obtain the needed permanent
right -of -way consensually, the City of Owasso, by and through officers and
agents thereof, has made a bona fide good faith offer to purchase same; and,
WHEREAS: The above - referred landowner has not accepted such offer and by
reason thereof, condemnation proceedings, as provided for under the
Constitution and Statutes of the State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 the above -named landowner to obtain the
necessary permanent right -of -way, temporary easements and permanent
easement as set forth in Exhibit "A" hereto, as well as any additional relief to
which the City of Owasso, Oklahoma, may, by law, be entitled to.
APPROVED AND ADOPTED this 151h day of March, 2016, by the City Council of the
City of Owasso, Oklahoma.
GAS l OF O�
�'Z N
Attest: OFFICIAL a
Sherry Bisho, City Ci '17
Approved As To Form: II • ./I
L-0✓I10co of {
Jup Trout Lombardi,
City Attorney
AJe(berly, Mayor
1
OFFER ]LETTER
Dear: Vickie L. Maim
Cavins Owasso 1, LLC
PO Box 1153
Denton, TX 76202
Project: 5re- .UcN[x
City or Owasso
Parcel: 5
JR: 30742 (04)
A road widening improvement project has been planned for construction in your area, The
project will require that the City of Owasso will acquire right -of -way across the property which
your own or in which you have an interest. The agent presenting this letter has explained the
project and its effects upon you and your property and is making an offer to acquire the right -of-
way from you in the name of City of Owasso.
Our offer is as follows:
To acquire right -of -way $98,308.00
Of the amount $11,982.00 is compensation for Cost to Cure Damages.
Total Offer w /damages is $98,308.00
The agent making you the offer is not authorized to change the amount.
The above offer is the amount the City of Owasso has determined to be the Fair Market Value of
the part of your property needed inclusive of damages (if any) to youi remaining property. This
is a firm offer made according to statutory requirements; however, there is no prohibition against
you donating the land for the right -of -way, if you wish to do so.
If it is necessary for you to move any of your personal property, you will be given 90 days from
the date shown below to clear the right -of -way. Your consideration of our purchase offer to buy
your property will be appreciated.
Yours very truly,
Rog r St ens, City of Owasso Public Works Director
meilyghts cure delivered and written offer made by:
f,
Mike Crad ck, Terra Acquisition Services
Date:
(Date Written Offer and Ropurty Rights Brochure delivered)
LPA 09/07
February 08, 2016
Roger Stevens
Public Works Director
City of Owasso
Owasso, Oklahoma 74055
Re: Offer Letter, Project STP -XXXX, Parcel 5, 7/P: 30742 (04)
Mr. Stevens:
This letter will acknowledge receipt by Cavins Owasso I, LLC (hereafter "Owner ") of the City of
Owasso's (hereafter "City ") "firm offer" for the purchase of unspecified tracts of land owned by
the undersigned and more particularly described in the materials accompanying your offer letter.
After careful consideration, the undersigned rejects your offer and refuses to donate said tracts to
the City of Owasso. Further, Owner requests that you immediately submit to the Owasso City
Council for their February 16, 2016 council meeting an appropriate resolution authorizing the
initiation of the condemnation process for the tracts should you still have a desire to acquire the
tracts.
Please use the contact information below for all necessary communication with Owner.
Sincerely yours,
CAVINS OWASSO, I, LLC
By:
Vickie L. Mann, Member/Manager
10001 Hanford Dr.
Denton, TX 76207
940 - 262 -0441
vmann@privacyabroad.com
C: Mike R. Craddock, Terra Acquisition Services
Letter to Roger Stevens 02 -08 -16
February 9, 2016
Vickie L. Mann
Cavins Owasso, 1, LLC
10001 Hanford Drive
Denton, TX 76207 VIA: vamami (a).pi _�rivacyabroad.com
RE: City of Owasso Garnett Road Widening Project
Parcel 5 J/P 30742(04)
Dear Mrs. Mama:
The City of Owasso is in receipt of your letter dated 2 -08 -16 requesting the initiation of the
condemnation process for your tract.
I wanted to clarify some items based on your letter. You were provided the specific land areas
needed that include the specific legal descriptions for the needed right of way and easements,
You were provided the appraisal and the review appraisal and copies of the legal documents.
You were also provided an Offer letter which stated the City of Owasso would pay to Cavins
Owasso, 1, LLC a total of $98,308.00.
However, per your letter rejecting the City of Owasso's offer, we will commence our process
and will notify the legal counsel once we are informed of who will be representing Cavins
Owasso, 1, LLC.
If you have any questions please feel free to contact me.
Sincerely,
Roger Stevens
PWD
City of Owasso
Cc; Mike Craddock
Project No. 30742(04) / Fed ID No. STPY - -XXXX
North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK
Parcel No. 5 / Cavins Owasso 1 LLC
Addenda
51
Project North Garnett Road Widening
Parcel 5.. 5.1
Owner Cavins Owasso I. LLC
County Tulan
Sec. 17 T -21 —N, R -14—E, I.B. &M.
I_EPAL DESCRIPTION
5, PERMANENT RIGHT —OF —WAY
A tract of land located In the Southwest Quarter (SW /4) of Section Seventeen
(17) of Township Twenty —onc (21) North and Range Fourteen (14) East of (he
Indian Base and Maridlan (1- 8.k1A.), according to the U.S. Government Survey,
thereof, Tulsa County, State of Oklahoma; being more particularly described as
follows:
Cammenctng at the SW comer of the SW /4 of Sac. 17. T -21 -14, R -14—E.
thence N 01'10'25'.W along the west line of said SW /4 a distance of
991.81 fact to the Point of Beginning; Thence N 0190'25" W a dlewnce of
330.71 feat; Thence N 88'44'53" E a distance of 50.00. feet; Thence S
01'10'25" E a distance of 330.72_ feet,, Thence S 88'4522" W o distance of
50.00 feet to the Point of Beginning.
Basis of bearing is the Oklahoma State Plane Coordinate System.
5.1 TEMPORARY RIGHT —OF —WAY
A tract of land located in the Southwest Quarter (SW /4) of Section Seventeen
(17) of Township Twenty —one (21) North and Range Fourteen (14) East of the
Indian Base and Meridian (f.8.&M. }, according to the U.S. Govommant Survey,
thereof, Tulsa Countg State of Oklahoma; being more particularly described as
follows:
Commencing at the SW corner of the SIV /4 of Sec. 17, T -21 —N, R -14—E,
I,B,&M.; Thence N 01'10'25" W along the west line of sold SW /4 a distance of
991.81 feet; Thence N 88'45'22" E o distance of 50.00 feet to the Paint of
Beginning; Thence N 01'10'25° W a distance of 10.00 feet: Thence N 8845'22"
E a distance of 45.00 feet; 'thence S 01'10'25" E a distance of 10.00 feet;
Thence S 88'45'22° W a distance of 45.00 feet to the Point of Beginning,
1, Kevin hl Newlun, P -LS., Benchmark Surveying and Land Services, Inc., certify that
the attached [ago( description cleans in accord with existing records, is a true
representation o: the real property as described, and moots the minimum technical
standards for land surveying of the State of Oklahoma.
Btgnotare. Dote Kevin M Newton, PLS OK 1269
C.A. No. 2235
Expires: 66 -30 -16
Sheet 2 of 4
Exhibit °'A'°
Cavins Owasso 1 LLC irr.
Project No. 30742(04) / Fed ID No.STPY - -XXXX
North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK
Parcel No. 5 / Cavins Owasso 1 LLC
Addenda
52
Project North Garnett Road Mdening
Parcel 5.2, 5.3
Owner Cavins Owasso 1, LLC
County Tulsa
Sec. 17 T -21 —N, R -14 —E, I.B. &M.
LEGAL ESCRIPTION
5.2 TEMPORARY RIGHT —OF —WAY
A tract of land located In the Southwest Quarter (SW /4) of Section Seventeen
(17) of Township Twenty —one (21) North and Range Fourteen (14) East of the
Indian Base and Meridian (1.6. &M.), according to the U.S, Government Survey,
thereof, Tulsa County, State of Oklahoma; being more particularly described as
follows:
Commencing at the SW comer of the SW /4 of Bea. 17, T -21 —N, R -14-11.
Thence N 01'10'25' IN along the west line of said SW /4 a distance of
1141.51 feet; Thence N 88'49'35" E a distance of 550.00 feet to the Point of
Beginning; Thence N 0110'25" W a distonco of 60.00 feet; Thence N 88'49'35"
E a distance of 65.00 feet; Thence S 0110'25" E a distance of 60,00 feet;
Thence S 88'49'35" W a distance of 65.00 feet to the Point of Beginning.
5.3 TEMPORARY RIGHT - -OF —WAY
A tract of land located In the Southwest Quarter (SW /4) of Section Seventeen
(17) of Township Twenty —one (21) North and Range Fourteen (14) East of the
Indian Soso and Meridian (LD.&?A.), according to the U.S. Government Survey,
thereof, Tulsa County, State of Oklahoma; being more particularly described as
follows:
Commencing at the SW corner of the SW /4 of Sec. 17, T -21 —N, R -14—E,
Thence N 01'70'25" W along the west line of sold SW /4 a cistance of
132.152 feet; Thence N 88'44'53" E a distance of 50.00 feet to the Point of
Beginning; Thence N 88'44'53" E a distance of 47.00 feet; Thence S 011625"
E c distance of 30.00 feet; Thence S 88'4453" W a distance of 47.00 feet;
Thence N 0110'25" W a distance of 30,00 feet to the Point of Beginning,
1, Kevin M Newiun, P.L.S., Benchmark Surveying and Land Services, Inc., certify that
the attached legal description closes in accord with existing records, Is a true
representation of the real properly as described, and meets the- minimum technicol
standards for Sand surveying of the State of Oklahoma.
Signature Dote Kevin M Newiun, PLS OK 1289
C,A. No. 2235
Expires: 06 -30 -16
Sheet 3 of 4
Cavins Owasso 1 LLC IfY.
Project No. 30742(04) / Fed ID No. STPY - -XXXX
North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK
Parcel No. 5 / Cavins Owasso 1 LLC
Addenda
Project
Parcel
Owner
County
See, 17
LEGAL DESCMPTION
5.A PERPETUAL EASF14ENT
North Garnett Road Widening
S,A
Cavins Owosso 1, LLC
Tulsa
T -21 —N, R -14 —E, I.B. &M,
A tract of land located in the Southwest quarter (SW /4) of Section Seventeen
(17) of Township Twenty —one (21) North and Range, Fourteen (1h) East of the
Indian Base and Meridian Q.B,&M,), according to the U.S, Government Survey,
thereof, Tulsa County. State of Oklahoma; being more particularly described as
follows:
Commencing at the SW cornet of the SW /4 of Sec, 17, T -21 —N, R -14—E,
I.B.&M.; Thence N 0190'25" W along the west line of sold SW /4 a distance of
991.81 feet; Thence N 88'45'22" E a distance of 50,00 feet to the Point of
Beginning; Thence N 01'10'25' W a distance of 330.72 feet; Thence N
88'44'53" E a distance of 10.00 feet; Thence S 019025" E a distance of
330.72 feet; Thence S 88'45'22" W o dista
Beginning, nee of 10.00 feet to the Point of
Signature Date
Kevin M Newiun. PLS OK 1289
C.A. No, 2235
Expires: 06 -30 -16
Shoot 4 of 4
53
Cavins Owasso 1 LLC iYC
APpR�
The Cit Wit lout Liiniis.
r V�p By COUIVC,`
TO: The Honorable Mayor and City Council NAM 15 Zarb
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Authorization to Initiate Condemnation Proceedings to Acquire Property for the
North Garnett Road Widening Project from 96th Street North to 1061h Street North
DATE: March 11, 2016
BACKGROUND:
The City of Owasso is currently in the process of acquiring private property along Garnett Road
as public right -of -way (ROW) in accordance with the North Garnett Road Widening Project from
96th Street North to 106th Street North. Parcel No. 5 is located at 9801 North Garnett Road, is
approximately 11,080 square feet in size and is owned by Cavins Owasso, 1, LLC. An appraisal of
this property was performed on or about November 22, 2015, at the City's request. As a result of
that appraisal, an Offer Letter was submitted to the property owner on January 28, 2016, offering
to acquire the ROW and compensate the landowner for resultant damages in the amount of
$98,308. A response was received from the landowner on February 8, 2016, rejecting that offer.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the necessary ROW on the Cavins Owasso, 1, LLC, parcel, The
ROW in question will be utilized for a public purpose; therefore a condemnation action is both
warranted and appropriate. The City obtained an appraisal of the property and offered the
landowners a fair price equaling the property's Fair Market Value plus additional damages. Due
to the landowner's refusal to accept this offer, City staff believes that agreement upon a
mutually acceptable purchase price cannot be reached through additional negotiation.
Therefore, staff submits that a Resolution of Necessity authorizing the filing and prosecution of a
condemnation action is appropriate and required to obtain needed ROW from the Cavins
Owasso, 1, LLC, property.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -02 authorizing the filing and prosecution of a
condemnation action to obtain the necessary ROW on the Cavins Owasso, 1, LLC, property
described therein.
ATTACHMENTS:
Offer Letter to Property Owner, dated January 28, 2016
Landowner Letter Rejecting Offer and Requesting Condemnation Proceedings, dated February
8, 2016
Response Letter from Roger Stevens, dated February 9, 2016
Resolution 2016 -02