Loading...
HomeMy WebLinkAbout2016 18_Condemnation_ Mary Cook_2016.10.18CITY OF OWASSO, OKLAHOMA RESOLUTION 2016 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN RIGHT -OF- WAY AND A PERMANENT EASEMENT 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, Mary Lynn Cook; 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 and temporary 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 18th day of October, 2016, by the City Council of the City of Owasso, Oklahoma. -74 ndell Dunn, Mayor Juliann M. Stevens, Depu City Clerk _ , N CP Approved As To Form: &E A L Juli Trout Lombardi, City Attorney °kIAHO'nP Project: srP -XXXX City of Owasso Parcel: 10 J/P: 30742 (04) OFFER LETTER Mary Lynn Cook 9999 N 1121H E AVE OWASSO OIL 74055 -4339 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 $107.500.00 Of the amount $30,000.0 0 is compensation for the relocation of the billboards and $22,500.00 for the Thompson Store parking area. Total Offer is $160,000.00 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 Vevens, 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 Project No. 30742(04) / Fed ID No. STPY - -XXXX North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK Parcel No. 10 / Mary Lynn Cook Addenda N T 21 N 10 TRACT AREA PERMANENT RIGHT -OF -WAY STATUTORY RIGHT -OF -WAY COMBINED RIGHT -GF -WAY TOTAL REMAINDER AREA AFTER ACOUISIT ON PERPETUAL EASEMENT Pant of 35+00 34 +00 1-1P— w �r j 33+00 s19.DT N 32 +00 •� 31 +OD U) 'O. Gu,1M. i.+ No oaH s ^ OCT 07 2015 Project North Garnett Road Widening Parcel 10. 10.1. 10.A Owner Curtis C Cook County Tulsa Sec. 18 T -21 —N, R -14—E. I.B.&M. Legal Description: See Attached 229,966.1 S.F. = 5:280 ACRES 10,540.0 S.F. = 0.242 ACRES N/A S.F. = N/A ACRES N/A S.F. = N/A ACRES 219,446.1 S.F. - 5.038 ACRES 14,546.3 S.F. = 0.334 ACRES 17.077.8 S.F. = 0.392 ACRES 'mf of Canmmcement wne of Sf /; :a 14 T 21 R -17 -£ 41,22'S 17015£ ,a100' S R8W29'W of Reomkg (10) N WW WT of o &hN L (10 A) Benchmark Surveying & Land Sery ices, Inc. P.O. Box 1078 O'NASSO, OK 74055 PHONE(91B) 274 =0081 / FAX:(918) 274 -0807 C./.. NO. 2235 - EVIRES: 06 -3D -2016 C 100TH ST N - -- �017D•25 )_4 i < ) - z Ui 0 120' SCALE 1" =120' =PERM. R/1'1. W/MTEMP. RPM. OPERP. £SMT. Sheet 1 of 3 KEVIN M. i!1MUN 1289 PERMANENT RIGHT —OF —WAY TEMPORARY RIGHT —OF —WAY PERPETUAL EASEMENT Sec. 1% T- 21 —N, R -14—E, I.B. &M. -nu aA cnl WTV nV1 AunuA 52 Ammis Mary Lynn Cook Exhibit "A" if C Project No. 30742(04) / Fed ID No. STPY - -XXXX North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK Parcel No. 10 / Mary Lynn Cook Addenda Project North Garnett Road Widening Parcel 10, 1O.A. Owner Curtis C Cook County Tulsa Sec. 18 T -21 —N, R -14-E, i.B.&M. LEQAL DESCRIPTION 10. PERMANENT RIGHT—OF—WAY A tract of land located in the Southeast Quarter (SE /4) of Section Eighteen (18) of Township Twenty— one (21) North and Range Fourteen (14) East of the Indian .Base and .Meridian (I.B.BcAb),- according to the U.S. Government Survey, thereof, Tulsa County, ..State of Oklahoma; being more particularly described as follows: Commencing. of the NE comer of the SE /4 of Sm 18, T -21 -N, R -14—E, I.B.&M.; Thence S 01'70'25" E along,. the .east line of sold SE /4 a distance of 41.22 feet; Thence S 88'4429" W a distance of 33.00 feet to the Point of Beginning; Thence S .01'10'25" E a distance of 620.00 feet; Thence S 88'49'35' W a distance of 17.00 feet, Thence N 01'10'25" W a distance of .619.97 feet; Thence N 88'4429" E a distance of 17.00 fact to the Point of Beginning. Basis of bearing Is the OWchomo State Plane Coordinate System. 10,A PERPETUAL EASEMENT A tract of land located in the Southeast Quarter (SE /4) of Section Eighteen (18) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I:B.acN),. according . to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as followst Commencing at the NE comer of the SE /4 of Sec 18, T -21 —N, �R -14-E. I.B.&N : Thence S 01'10'25" E along the east line of sold SE /4 a. distance. of 41.22 fact; Thence S 88'44'29" W a distance of 50.00 feet to the Point - of Beginning; Thence S 01'10'25" E a distance of 619.97 feet; Thence S 88'49'35" W a .distance of 15.00 feet; Thence N 01'10'25" IN a distance of 49149 feet; Thence N 46'10:13" W a distance of 10.36 feet; Thence- -S 88 "47'58 W o distance of 105.68 feet; Thence N 01'10'25° W a distance of 25.00 feet; Thence N 6870'10" E a distance of 120.64 fact; Thence N 01'10'25" W a distance of 5200 feet; thence N 86'44'29" E a distance of 15.00 feet to the Point of Beginning, 1, Kevin M. Newlun, . 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 property as described, and meets the minimum technical standards for land surveying of the State of Oklahoma. Signature bate Kevin M Newlun, PLS OK 1289 C.A. No. 2235 Expires: 06 -30 -16 Sheet 2 of 3 53 Mary Lynn Cook ® ® .® ®r Exhibit Project No. 30742(04) / Fed 10 No. STPY - -XXXX North Garnett Road E. 96th St to E 106th St.; Tulsa County, OK Parcel No. 10 / Mary Lynn Cook Addenda Project North Gamett Road Widening Parcel 10.1 Owner Curtis C Cook County Tulsa Sec, 16 T-21-N, R -14-E, 1.B. &M. LEQAtv_OESCRIP7 QN 10.1 TEMPORARY RIGHT -OF -WAY A tract of land located In the Southeast Quarter (SE /4) of Section Eighteen (18) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (LB.Sdf.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being- more partiaularly. .described as follows: Commencing at the NE corner of the $E /4 of Sec. 18; T -21 -N, R -14-E, I.B.&M.; Thence S 01'10'25" E along the cost tine of .said SE /4.a .distance of 41.22 feet: Thence S 88'44'29" W a distance of 85.00 feet to the point of Beginning; Thenee.S 0110'25" E o distance of 5200 feet; Thence S 68'20'10' W -a - distance of 120.64 feet; Thence S 01'10'25" E a distance of 25.00 feet; Thence N 88'0'58' E a distance of 105.68: feet; Thence S 46'10'13" E a distance of 10.36 -feet; Thence S 01'10'25" E a distance of 70:91 feet; thence N 88'49'35" E a distance of 15.00 feet;_ Thence S .01'19725" E a distance of 50.06 feet; Thence S 88'49'35' W a distance of 15.00 feet: Thence 5 01'10'25" E a distance of 26,27 feet Thence S- 88'49'35" W a distance of 790 feet; thence N 0110'25" W a distance of 133.00 •feet;_ Thence S 88tS0'1D" W a distance of 97.00 feet: Thence S 01'10'25" E o distance of 23.00 feet; Thence S 88'49'35" W a distance of 71.00 feet; Thence- N. 019o'25" W a distance of 80.00 feet; Thence N 88'47'01" -E ,a distance of 67.00 feet; Thence N 01`10'25" W ❑ distance of 83.45 feet; Thence N 8844429" E a distance of 108.00 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: property as described, and meets the minimum technical standards:. for land surveying of the State of Oklahoma. Signature Date Kevin M Nawlun, PLS OK 1M C.A. No, 2235 Expires: 66 -30-16 Sheet 3 of 3 54 Mary Lynn Cook Exhibit ..A.. iYY. Mr. Mike Craddock Terra Acquisition Services June 28, 2016 Page 3 Valuation of Partial Acquisitions Before Value (As Determined by Appraisal Report) $1,150,000 Value of Part Taken (As Part of the Whole) $52,700 Permanent Damages / Benefits to the Remainder $54,548 After Value (Prior to Temporary Damages& Curative Measures) $1,042,752 Pius Temporary Damages $0 Plus Curative Measures $52,500 Total Compensation Due Property Owner / Tenant $159,748 Value of Land Taken Parcel 10 (includes uneconomic Remnant) 10,540 SF X $5.00 /SF = $52,700 Improvements Taken Structures and all Site Improvements = $0 Cost to Cure Damages Bel ocate 2 BI l l boa rds 2 X $15,000 = $30,000 Replace ashpalt over perpetual easement 4500 SF X $5.00 /sf =$22,500 Total Cost = $52,500 Proximity Damages Total Cost = $0 Severance Damages Total Cost = _ $0 Value of Perpetual & Temporary Easements Perpetual Easement (Water) 14,546 SF X $5.00 /SF X 75% = $54,546 Temp R /W, 10.1 17,078 SF X $0 /SF X 0% = $0 Total Estimated Value of Land and Improvements Taken $159,748 Rounded To: $160,000 Assumptions and Hypothetical Conditions be false as of the effective date ofthe apprai sal; we reserve the right to modify ourva I ueconclusions. 1. None The value conclusions are based on the following hypothetical conditions that may affect the assignment results. A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal butis supposed for the purpose of analysis.. 1. None Exhibit Be " irr. The City Wit lout Limits. TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council City of Owasso Julie Trout Lombardi City Attorney and General Counsel Appooveo �avA,C tL Y 6.7 r, Authorization to Initiate Condemnation Proceedings to Acquire Property for the North Garnett Road Widening Project from 961h Street North to 1061h Street North Octoberl4, 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 10611i Street North. Parcel No. 10 is located at 10010 North Garnett Road, is approximately 10,540 square feet in size and is owned by Mary Lynn Cook. An appraisal of this property was performed on or about Decemberl8, 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 $160,000. (See Exhibit "B ") This amount includes payment for ROW at $5.00 per square foot, curative damages in the amount of $52,500 to relocate two billboards and replace asphalt, and a perpetual easement. The landowner has not accepted the offer and has retained an attorney. All attempts to negotiate this matter have received no response. 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 Cook 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 accept this offer or negotiate, 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 Mary Lynn Cook property. RECOMMENDATION: Staff recommends approval of Resolution 2016 -18 authorizing the filing and prosecution of a condemnation action to obtain the necessary ROW on the Mary Lynn Cook property described therein. ATTACHMENTS: Offer Letter to Property Owner Resolution 2016 -18 Page 3 of Appraisal, Exhibit "B"