HomeMy WebLinkAbout2019 12_Condemnation potts_Grider_ 11301 N Garnett Rd_2019.05.21CITY OF OWASSO, OKLAHOMA
RESOLUTION 2019 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
RESOLVING THE NECESSITY OF INSTITUING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN PROPERTY LOCATED AT 11301
NORTH GARNETT ROAD, OWASSO, OKLAHOMA
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from Virginia Potts Arnold Grider, with the
following legal description:
Utility Easement:
A strip, piece or parcel of land lying in part of Section 8, Township 21 North,
Range 14 East, IM, Tulsa County, State of Oklahoma. Said Parcel of land being
described by metes and bounds as follows:
Commencing at the southwest corner of the Northwest Quarter (NW /4) of
Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East;
thence, N 01° 24' 58" W along the west line of said Northwest Quarter (NW /4) of
Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East a
distance of 1060.18 feet; thence, N 88° 43' 02" E a distance of 50.00 feet to the
point of beginning; thence, N 01' 24' 58" W a distance of 130.23 feet; thence,
N 880 42' 12" E a distance of 10.00 feet; thence, S 010 24' 58" E a distance of
130.23 feet; thence, S 88° 43' 18" W a distance of 10.00 feet to the point of
beginning. Said area containing 1302.28 square feet (0.03 acres), more or
less.
Temporary Construction Easement:
A strip, piece or parcel of land lying in part of Section 8, Township 21 North,
Range 14 East, IM, Tulsa County, State of Oklahoma. Said Parcel of land being
described by metes and bounds as follows:
Commencing at the southwest corner of the Northwest Quarter (NW /4) of
Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14) East;
thence, N 01' 24' 58" W along the west line of said Northwest Quarter (NW /4)
of Section Eight (8), Township Twenty -one (21) North, Range Fourteen (14)
East a distance of 1157.44 feet; thence, N 88° 43' 02" E a distance of 60.00
feet to the point of beginning; thence, N 01° 24' 58" W a distance of 32.88
feet; thence, N 880 42' 12" E a distance of 10.33 feet; thence, S 00° 31' 16" E a
distance of 33.00 feet; thence, S 890 28' 44" W a distance of 9.82 feet to the
point of beginning. Said area containing 331.92 square feet (0.01 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 Virginia Potts Arnold Grider to purchase the land
referenced above; and
WHEREAS: Virginia Potts Arnold Grider has 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 Virginia Potts Arnold Grider,
who has declined such offer of payment by the City of Owasso.
APPROVED this 21St day of May, 2019, by the City Council of the City of Owasso.
Approved As To Form: U
J 1i o Lombardi, City Afforney
Resolution 2019 -12
Page 2 of 2
JiLg
Chris Kelley, Mayor
C9. RE People .E ,tl -HFAL Cammuniry
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi
City Attorney and General Counsel
APPROVED BY COUNCIL
MAY Z 1 2019
SUBJECT: Resolution 2019 -12, 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: May 17, 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. 21 is located at 11301 North Garnett
Road, and is owned by Virginia Potts Arnold Grider. An appraisal of the utility and temporary
construction easements necessary on this property was performed on or about April 18, 2018.
The value of the easements was found to be approximately $6,999. However, there was little
negotiation with the property occupant because it became immediately apparent that the
occupant is legally unable to convey good title for the easements to the City. Therefore, it is
necessary to condemn the property and allow a court to determine issues of title.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the necessary easements on the Grider parcel. The easements in
question will be utilized for a public purpose, therefore a condemnation action is both
warranted and appropriate. Staff submits that a Resolution of Necessity authorizing the filing
and prosecution of a condemnation action is appropriate and required to obtain needed utility
and temporary construction easements on the Grider property.
RECOMMENDATION:
Staff recommends approval of Resolution 2019 -12, authorizing the filing and prosecution of a
condemnation action to obtain the necessary utility and temporary construction easements on
the Grider property described therein.
ATTACHMENTS:
Proposed Resolution 2019 -12
Appraisal dated April 18, 2018