HomeMy WebLinkAbout2019 16_Condemnation Keys Plus_11625 N 113th E Ave_2019.07.16CITY OF OWASSO, OKLAHOMA
RESOLUTION 2019 -16
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 11625
NORTH 113th EAST AVENUE, OWASSO, OKLAHOMA.
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from Key Plus Properties, LLC, an Oklahoma
Limited Liability Company, with the following legal description:
Permanent Right of Way
A tract of land located in the Southwest Quarter of the Southwest
Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21)
North and Range Fourteen (14) East of the Indian Base and Meridian
(I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County,
State of Oklahoma; being more particularly described as follows:
Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E,
I.B. &M.; Thence N 01'08'37" W along the west line of said SW /4 a
distance of 50.00 feet to the Point of Beginning; Thence N 01'08'37" W
along the west line of said SW /4 a distance of 266.00 feet; Thence N
88'51'08" E a distance of 60.00 feet; Thence S 01'08'37" E a distance of
225.89 feet; Thence along a curve to the left having a radius of 25.00
feet, a central angle of 90'04'27 ", a chord bearing of S 46'10'50" E, a
chord length of 35.38 feet, for a distance of 39.30 feet; Thence N
88'46'56" E a distance of 261.97 feet; Thence S 01'08'37" E a distance of
65.00 feet to the south line of said SW /4; Thence S 88'46'56" W along
the south line of said SW /4 a distance of 297.00 feet; Thence N
01'08'37" W a distance of 30.00 feet; Thence N 46'10'50" W a distance of
28.28 feet; Thence S 88'46'56" W a distance of 30.00 feet to the Point of
Beginning, and containing 0.814 acres, more or less
Temporary Right of Way:
A tract of land located in the Southwest Quarter of the Southwest
Quarter (SW /4 SW /4) of Section Five (5) of Township Twenty -one (21)
North and Range Fourteen (14) East of the Indian Base and Meridian
(I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa
County, State of Oklahoma; being more particularly described as
follows:
Commencing at the SW corner of the SW /4 of Sec. 5, T -21 -N, R -14 -E,
I.B. &M.; Thence N 01'08'37" W along the west line of said SW /4 a
distance of 316.00 feet; Thence N 88'51'08" E a distance of 60.00 feet
to the Point of Beginning; Thence N 88'51'08" E a distance of 10.00 feet;
Thence S 01'08'37" E a distance of 225.90 feet; Thence along a curve to
the left having a radius of 15.00 feet, a central angle of 90'04'27 ", a chord
bearing of S 46'10'50" E, a chord length of 21.23 feet, for a distance of
23.58 feet; Thence N 88'46'56" E a distance of 156.98 feet; Thence N
0113'04" W a distance of 40.00 feet; Thence N 88'46'56" E a
Resolution 2019 -16
Page 1 of 2
distance of 70.00 feet; Thence S 0113'04" E a distance of 40.00 feet;
Thence N 88'46'56" E a distance of 35.00 feet; Thence S 01'08'37" E a
distance of 10.00 feet; Thence S 88'46'56" W a distance of 261.97 feet;
Thence along a curve to the right having a radius of 25.00 feet, a central
angle of 90'04'27 ", a chord bearing of N 4610'50" W, a chord length of
35.38 feet, for a distance of 39.30 feet; Thence N 01'08'37" W a distance of
225.89 feet to the Point of Beginning, and containing 0.183 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 Key Plus Properties, LLC to purchase the land
referenced above; and
WHEREAS: Key Plus Properties, LLC 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 Key Plus Properties, LLC has
declined such offer of payment by the City of Owasso.
APPROVED this 16th day of July, 2019, by the City Council of the City of Owasso.
M. Stevens, City
Approved as to form:
5033779.1
Resolution 2019 -16
Page 2 of 2
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S� APPROVED BY COUNCIL
RE4L People -REALC racier -REAL COmmuNty
JUL 16 1019
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Resolution 2019 -16, Authorization to Initiate Condemnation Proceedings to
Acquire Property for the North Garnett Road Widening Project at the Intersection
of North Garnett and l 16th Street North
DATE: July 12, 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. Parcels No. 9 and 9.1 are located at 11625
North 113th East Avenue, and are owned by Key Plus Properties, LLC. An appraisal of the ROW
and easements needed on this property was performed on or about April 2, 2019. The value of
the ROW and easements was found to be approximately $298,132.00. On April 16, 2019, a letter
was sent to the property owner and their attorney offering compensation in the amount of
$298,132.00 for 26,158 square feet of ROW, and $8,771.20 for temporary easements. This offer
was not accepted, and the City has declined to make additional offers.
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 Key Plus Properties,
LLC, parcel. The ROW and easements needed 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 ROW and easements from the Key Plus Properties, LLC, property.
RECOMMENDATION:
Staff recommends approval of Resolution 2019 -16, authorizing the filing and prosecution of a
condemnation action to obtain the necessary ROW and easements on the Key Plus Properties,
LLC, property described therein.
ATTACHMENTS:
Resolution 2019 -16
Appraisal
Offer letter dated April 16, 2019