HomeMy WebLinkAbout2016 05_Condemnation (Barnes)_2016.05.17CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -05
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, Doris J. Barnes;
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 17th day of May, 2016, b the City Counccc���'YYY���000f the City of
Owasso, Oklahoma. ��
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• �� u� L dell Dunn, Mayor
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Attest:
Sherry Bishop, City Clerk
Ap roved As To Form:
ulie Trout Lombardi,
City Attorney
The City Wif out Limits.
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SUBJECT:
The Honorable Mayor and City Council
City of Owasso
Julie Trout Lombardi
City Attorney and General Counsel
AppROVEFO i3 y COUAf c/t
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Authorization to Initiate Condemnation Proceedings to Acquire Property for the
North Garnett Road Widening Project from 96th Street North to 1061h Street North
DATE: May 13, 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 100h Street North. Parcel No. 3 is located at 9711 North Garnett Road. The
ROW required from this parcel is approximately 5,539 square feet in size, with an additional 1,848
square feet needed in permanent easement and 1,000 square feet of temporary easement,
and is owned by Doris J. Barnes.
An appraisal of this property was performed on or about December 17, 2015, at the City's
request. As a result of that appraisal, an Offer Letter was submitted to the property owner
offering to acquire the ROW and compensate the landowner for resultant damages in the
amount of $50,205. Despite repeated attempts to contact the landowner following the offer
letter, no response has been received.
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 Doris J. Barnes, 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
landowner a fair price equaling the property's Fair Market Value plus additional damages.
Due to the landowner's refusal to acknowledge or 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 and
easements from the Doris J. Barnes, property.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -05 authorizing the filing and prosecution of a
condemnation action to obtain the necessary ROW and easements on the Doris J. Barnes,
property described therein.
ATTACHMENTS:
Offer Letter to Property Owner
Resolution 2016 -05
OFFER LETTER
Dear: Doris Barnes
9711 N. Garnett Road
Owasso, OK 74055
Project: STP -XXXX
City of Owasso
Parcel: 3
J/P: 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 $50,205.00
Of the amount $10,046.00 is compensation for Cost to Cure Damages.
Total Offer w /damages is $50,205.00
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 your 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,
Roger Stevens, City of Owasso Public Works Director
Property Rights Brochure delivered and written offer made by:
Mike Craddock, Terra Acquisition Services
(Date Written Offer and Property Rights Brochure delivered)
LPA 09107