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Home My WebLink About2017 04_Right-of-Way N Garnett_ 2017.04.18CITY OF OWASSO, OKLAHOMA RESOLUTION 2017 -04 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 and additional easements for the legal description of property attached hereto and marked Exhibit "A" deemed necessary for the Garnett Road Widening Project from 961h Street North to 106'h Street North from the mortgagees, Financial Freedom Senior Funding Corporation, a subsidiary of IndyMac Bank, F.S.B., 500 North Ridge Road, Ste. 500, Atlanta, Georgia, 30350, and the Secretary of Housing and Urban Development, 451 Seventh Street, S.W., Washington D.C., 20410; WHEREAS: In connection with such efforts to obtain the needed permanent right -of -way and easements consensually, the City of Owasso, by and through officers and agents thereof, has made a bona fide good faith effort to purchase same; and, WHEREAS: The above - referred mortgagees have not responded to such efforts 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 mortgagees 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 181h day of April, 2017, b the City CounciM the City of Owasso, Oklahom n;A 0 OF tiO Ly e unn, Mayor Attest: ni _. Sherry Bishop, City Cler aKf.AHOMP App d As orm: Julie out Lombardi, City Attorney sd The City Wit out Limits. TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council City of Owasso Julie Trout Lombardi City Attorney and General Counsel �ppR O�F °er 4p1? 16, "C14 201Q %% 1Q %% Authorization to Initiate Condemnation Proceedings to Acquire Property for the North Garnett Road Widening Project from 96th Street North to 106th Street North April 14, 2017 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. 3 is located at 9711 North Garnett Road and is owned by Doris J. Barnes, On May 17, 2016, the Council authorized staff to proceed with condemnation against Ms. Barnes to obtain this parcel of land for the Project. Subsequent to that approval, an agreement to purchase the property was negotiated with the landowner. However, the property has a mortgage upon it held by Financial Freedom Senior Funding Corporation, a subsidiary of IndyMoc Bank, F.S.B„ with a second mortgage held by the Secretary of Housing and Urban Development. If is necessary to obtain the approval of both mortgagees before the City may access the property, and neither mortgagee has responded to inquiries from staff or counsel. Time is now of the essence given that utility relocation has already begun on this property. Staff believes the City's sole recourse is condemnation, and requests authorization to file condemnation proceedings against the mortgagees. The condemnation action will also necessarily be filed against the landowner, but the Council previously approved that action. RECOMMENDATION: Staff recommends approval of Resolution 2017 -04 authorizing the filing and prosecution of a condemnation action against the mortgagees to obtain the necessary ROW and easements on the property described therein. ATTACHMENTS: Resolution 2017 -04 Resolution 2016 -05 000T Project No. 30742(04) / Fed ID No. STPY -XXXX N. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No. 3 / Barnes Property Addendum 0;1 0 7 1015 8.14-2 F7carASt.v PrtrJeO! North OOtnett Rood ylls7enSng `�. Poraal 3. 3.1, 3,A �§ Y, Owner Doris - J BOmee 2i r�'�F's bounty Tulsa . - See, 17 7- -21 -N, R- 14-E, 4B.". 3 e sstn sl . .,....__............___.�_.-- _AcT Legal Descrtpttnn: See Atimahod TRACT AREA FR. A- -- 1037...,_..,-S._ 110.379.q S.F 2.55d ACRES PERMANENT RIGHT -OF -WAY 5,539.0 S.P. - 0.127 ACRES STARITORY RIGHT -OF -WAY 1,728.3 S,F, - 0.063 ACRES COMBINED RIGHT-OF-WAY 'TOTAL 8,267.3 S.F. - 0.190 ACRES REMAINDER AREA AFTER ACWISITION 102,111.7 S,F, , 2,344 ACRES PERPETUAL EASEMENT 1,847.5 S.F. >^ 0.042 ACRES TEMPORARY _RIGHT -OF_ -WAY 1,1000,4 S.F. 0,629 _ACRES EXHIBIT FOR I.EGAL DESCRIPTION s 5400` N sa,o M'r- 1,1 Vwhr or 6e0fnni+g [.11) 11, -- .• —; - i ,6r00 •� ... ,y eccyv., _ 170751r 1 l PM1 VI Bagiwr q (,I A) - 16 -01) R6L[I' N I70751IY 0 l'�. ibhl of Ccmmenodna:l t TJ7 540 [b or S1114 Sec i7. T 7[ -N• B-fs- 4 l 15.00 11 - j; I'. wq KEVIN M. a y, NEWLUN 1280 O 100' OPERM. R /'N. EM TEMP, R /'N. 4... =�L.. °yiu7�est'3 SCALE 1` =100' C=PERP, ESMT. Sheet 1 of 3 Kevin M. Newtun, P, S. 0 1289 Rcn[hmnk Surveying; and Land Serrices, Inc. '- PERMANENT RIGHT -OF -WAY TEMPORARY RIGHT -OF- -WAY P.O. Eeu 1070 O'44SSU. OK 74055 PFRPF'T11AI. EASF_NnNr P4oNE:(9t8) 24-9081 / FAX:(919) 274-0807 Sea 17.- T -21 -N, R -14 -E, L8.&M, C.A. R0. 2225 - EXPIRM 06 -30 -20:0 TULSA COUNTY, OKLAHOMA Exhibit "A" 49 Irr Barnes Property /Parcel 3 ODOT Project No. 30742(04) / Fed ID No. STPY -XXXX N. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No. 3 / Barnes Property Addendum Project North Gamatt Rood v4dening Pgrcal 3, 3.1 owner Dods J eames County Tulsa Soo, 17 T -21 -N, R -14-E, I.B,&M. 4fr,1l6 _CFSSBI'E.TLQt4 3. PERMANENT RIGHT -OF -WAY A tract of land located In the Southwest Duarier (S'N /4) of Section Seventeen (17) of Townshto Twenty-one (21) North and Range Fourteen (; 4) East of the Indian 8oae and Merldlon (LB.fdA.), according to the U.S. Government Survey, thereof, Tulsa County, State W Dkohome: being more Porticulany described 6s foiloww. Commencing at the SW corner of the Sv9 /4 of Sec. '17, T -21 -N, R -14 -E, thence R 01'10'25 W slang the west line of said SW /4 a distance of 661,12 foot le the Pont of eeginn(ng; Thence N 0110'25" W a:ong the west line of said SW /4 a distance of 165.35 feet; Marco N 88'4506" E o jistonc* of 50.00 foot; Thence S 01'la'25" E a distance of 165,35 feet; Thence S 88'44'50" W a distanco of 50.00 feet to the Point of 8eginn-.ng, Sasis of bearing is the Oklahoma Stale Plane Coord'note System. 3.1 TEAIPORARY RIGHT -OF -WAY A tract of land located in the Southwest Oucrler (SW /4) of Section Seventeen (17) of 'township twenty -one (21) North and Range Fourteen (14) Fast of the Indian 8030 and Meridian (LBAM,), eccerdtng to the U.S. Government SUrYey, thereof, tulso County, State of Dklaholno; being more particularly described as foflawa: Commencing at the SW corner of the S7r /4 of Sec. 17, 5 -21 -N, R -14 -E. l.O.Ald.; ihenca N 0110'2:4 W along the west 1100 of sold SW /4 a distance of 811.47 loot; lhonco N 88'45'06" E a distanco of 50.00 foot to the Point of Beginning; thence N 88'45'06' E o rfslanae of 40,00 reef; ihenco 5 01'10725' E a distanca of 25.00 feet: 'hence S 88'45'06" W a distance of 40.00 tee %; Thence N 0110'25" W a dtatonce of 25.00 feet to the Point at 8ednn;nq. 1, Kevin lA Newtun, P.L.S.. Benchmark Surveying and Land Services, Inc., cerYfy that the attached legcl description closes In accord with exis Nng records, is a true rearesentatlan of the real property as described, and meets the miniman= techn!ccl stondards far land surveyng Of the State of Cklehoma. r� 1 Signature Date Kavtn M Nowlun, firs OK 1289 C.A. Na. 2235 E.u"es; 06- 30-10 Sheet 2 of 3 50 Barnes Property /Parcel 3 irr. 0DOT Project No. 30742(04) / Fed ID No. STPY -XXXX N. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No. 3 / Barnes Property Addendum Project North Garnett Road Widening Plyrcel 3.A Owner Doris J 8amea County Tuiso Sec, 17 T -21 -N, R -14-E, =A1 Us RIP t10N 3.A PERPETUAL EASEMENT A tract or land In located the Southwast Quarter (SW /4) of $eetion Sdvenlern (17) of Township Twenty -ono (2i) North and Range Fourteen (14) East of the fndlon Hose and Meridian (LH.dd.1.), according to the 0.5, Covernment Survey, thereof, Tulsa County, State of OAlahomo; being more Polliculorly described as fellows: CO.mmoncing at the SW corner of the S♦1/4 nP Sea. i7, T -21 -N, g_14-E. I.B.dd14 Thencc N 01'10'25" W along the west fine of said S'N14 a d'stcnco of 661,12 feet: Thence N 38'44$5" E u distance of 50.00 feet to the Point of Begincrng. thence N 01'10'25" W a distance of 165.35 feet; Thence N 88'45'08" E u distance of 10.00 feet; Thenca 5 01'10'25' E o distance of 126.55 feet; Thence N 98'49'35 E a distance of 5.00 feet; Thence S 01"10'25' E a distance of 30.79 feet; Thence S 88'44'50' W a dfsfonco Ot 15.00 feet to tha Point of Baginnfng. 1, Kevin 1J Nawlun, P.L.S., Benchmark Surveying and Lend Services, Inc., carlify that the attached ?ogal descriptfnn 111111 in accwrl with exteting records, is a true represaaiotlan of the real properly os described, and moats the minimum technh:al stondords for land surveying of the State of Oklahoma. Signature Date Kevin 41 Ne - No PLS wlun, FLS OK 1289 C.A. No. 2235 Explres; 06 -30 -I6 Street 3 at 3 51 Barnes Property �� p rty /Parcei3 CITY 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 961h Street North to 1061h 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 171h day of May, 2016, b the City Coun f the City of Owasso, Oklahoma. nn�' Attest: Sherry Bishof6, City Clerk Ap roved As To Form: ulie Trout Lombardi, City Attorney