HomeMy WebLinkAbout2019 04_Condemnation Dodd_10920 N Garnett Rd_2019.02.05CITY OF OWASS, OKLAHOMA
RESOLUTION 2019 -04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION
PROCEDURES TO OBTAIN PROPERTY LOCATED AT 10920 NORTH GARNETT ROAD,
OWASSO, OKLAHOMA
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from Robert Dodd and Petra Catharina Dodd,
Trustees of the Robert Dodd and Petra Catharina Dodd Revocable Living Trust, with the following
legal descriptions:
UTILITY EASEMENT: A strip, piece or parcel of land lying in part of Section 7, Township
21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being
described by metes and bounds as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section
Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East; thence, S 010
24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7),
Township Twenty -one (21) North, Range Fourteen (14) East a distance of 661.07 feet;
thence, S 880 35' 18" W a distance of 50.00 feet to the point of beginning; thence, S
880 39' 42" W a distance of 10.00; thence, N 010 24' 42" W a distance of 661.15 feet;
thence, N 880 44' 08" E a distance of 10.00 feet; thence, S 010 24' 42" E a distance of
661.13 feet to the point of beginning. Said area containing 6,61 1.77 square feet (0.15
acres), more or less.
TEMPORARY CONSTRUCTION EASEMENT: A strip, piece or parcel of land lying in part of
Section 7, Township 21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of
land being described by metes and bounds as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section Seven
(7), Township Twenty- one (21) North, Range Fourteen (14) East; thence, S 010 24' 42" E
along the east line of said Southeast Quarter (SE /4) of Section Seven (7), Township
Twenty -one (2 1) North, Range Fourteen (14) East a distance of 432.52 feet; thence, S 881
35' 18" W a distance of 60.00 to the point of beginning; thence, S 880 39'42" W a distance
of 15.26 feet; thence, N 01° 38' 53" W a distance of 22.41 feet; thence, N 880 21'
07" E a distance of 15.36 feet; thence, S 010 24' 42" E a distance of 22.42 feet to the
point of beginning; thence, N 01 ° 24' 42" W a distance of 405.47 feet; thence, S 880 35' 18"
W a distance of 5.00 feet; thence, N 010 24' 57" W a distance of 27.24 feet; thence N 880
44'00" E a distance of 5.00 feet; thence, S 010 24'42" E a distance of 27.05 feet. Said area
containing 479.33 square feet (0.01 acres), more or less.
RIGHT -OF -WAY: A strip, piece or parcel of land lying in part of Section 7, Township
21 North, Range 14 East, IM, Tulsa County, Oklahoma. Said Parcel of land being
described by metes and bounds as follows:
Commencing at the Northeast corner of the Southeast Quarter (SE /4) of Section
Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East: thence, S 010
24' 42" E along the east line of said Southeast Quarter (SE /4) of Section Seven (7),
Township Twenty -one (2 1) North, Range Fourteen (14) East a distance of 661.07 feet;
Page i of 2
Resolution 2019 -04
thence, S 880 35' 18" W a distance of 16.50 to the point of beginning; thence, S
880 39'42" W a distance of 33.50; thence, N 01024' 42" W a distance of
661.13 feet; thence, N 88° 44' 08" E a distance of 33.50 feet; thence, S 01* 24'
42" E a distance of 661.09 feet to the point of beginning. Said area containing
22,146.85 square feet (0.51 acres), more or less.
WHEREAS: The acquisition of the property referenced above is necessary for public
safety and to facilitate the widening of Garnett Road; and
WHEREAS: The City of Owasso, by and through officers and agents thereof, has made a
bona fide, good faith offer to Robert Dodd and Petra Catharina Dodd, Trustees of the Robert
Dodd and Petra Catharina Dodd Revocable Living Trust to purchase the land referenced
above;and
WHEREAS: Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd and
Petra Catharina Dodd Revocable Living Trust have declined such offer of payment by the City
of Owasso; and
WHEREAS: As provided under the Constitution and Statutes of the State of Oklahoma, it is
necessary for the City of Owasso to condemn the property referenced above in the interest of
public safety and for the widening of Garnett Road.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT. It being necessary for public safety, the officers and agents of the City of
Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof,
condemnation proceedings against Robert Dodd and Petra Catharina Dodd, Trustees of the
Robert Dodd and Petra Catharina Dodd Revocable Living Trust, having declined reasonable
offer of payment by the City of Owasso.
APPROVED AND ADOPTED this 5th day of February, 19, by the
Owasso, Oklahoma. T,r4
Chris Kelly,
or rim tL
M.
aK1.F.NO%c
APPROVED AS TO FORM:
J e Lombardi, City Attorney
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Resolution 2019 -04
Council of the City of
s�
Po -.0 ecler -REll Community
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Resolution 2019 -04, Authorization to Initiate Condemnation Proceedings to
Acquire Property for the North Garnett Road Widening Project from East 106th
Street to East 1 16th Street North
DATE: February 1, 2019
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
East 106th Street North to East 116th Street North. Parcel No. 8 is located at 10920 North Garnett
Road, and is owned by Robert Dodd and Petra Catharina Dodd, Trustees of the Robert Dodd
and Petra Catharina Dodd Revocable Living Trust. An appraisal of this property was performed
on or about April 18, 2018, at the City's request. As a result of that appraisal, an Offer Letter was
sent to the landowner requesting acquisition of the necessary ROW, Utility Easement and
Temporary Easement for compensation in the amount of $63,631.84. This amount exceeded the
appraisal by almost $20,000. The landowner rejected this offer and the City counter - offered in
the amount of $89,084.57. The landowner obtained an attorney and rejected the counter -offer.
The landowner's attorney informed staff that the City should proceed with condemnation.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the necessary ROW and easements on the Dodd 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 exceeding the property's Fair Market Value. Due to the landowner's
refusal to accept this offer or negotiate further, 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 Dodd property.
RECOMMENDATION:
Staff recommends approval of Resolution 2019 -04 authorizing the filing and prosecution of a
condemnation action to obtain the necessary ROW and easements on the Dodd property
described therein.
ATTACHMENTS:
Proposed Resolution 2019 -04
Appraisal
Offer Letters to Property Owner