HomeMy WebLinkAbout2019 17_Condemnation Scruffy Properties_11585 N Garnett Rd_2019.08.06CITY OF OWASSO, OKLAHOMA
RESOLUTION 2019 -17
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 11585
NORTH GARNETT ROAD, OWASSO, OKLAHOMA
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from Scruffy Properties, L.L.C., an Oklahoma
Limited Liability Company, with the following legal description:
Permanent Right of Way:
A tract of land located in the Northwest Quarter of the Northwest Quarter
(NW /4 NW /4) of Section Eight (8) 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 NW corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E,
I.B. &M.; Thence S 01 024'56" E along the west line of said NW /4 a distance of
260.00 feet; Thence N 88 046'56" E a distance of 50.00 feet to the Point of
Beginning; Thence N 01 °24'56" W a distance of 159.86 feet; Thence along
a curve to the right having a radius of 40.00 feet, a central angle of 90 °11'52 ", a
chord bearing of N 43 041'00" E, a chord length of 56.67 feet, for a distance of
62.97 feet; Thence N 88 046'56" E parallel with and 60.00 feet south of the north line
of said NW /4 a distance of 4.97 feet; Thence along a curve to the left having a
radius of 30.00 feet, a central angle of 90 011'52 ", a chord bearing of S 43 °41'00"
W, a chord length of 42.50 feet, for a distance of 47.23 feet; Thence S 01 °24'56" E
a distance of 169.90 feet; Thence S 88 046'56" W a distance of 15.00 feet to the
Point of Beginning, and containing 0.065 acres, more or less.
Temporary Easement:
A tract of land located in the Northwest Quarter of the Northwest Quarter
(NW /4 NW /4) of Section Eight (8) 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 NW corner of the NW /4 of Sec. 8, T -21 -N, R -14 -E,
I.B. &M.; Thence S 01 024'56" E along the west line of said NW /4 a distance
of 260.00 feet; Thence N 88 °46'56" E a distance of 65.00 feet to the Point of
Beginning; thence N 01 024'56" W a distance of 169.90 feet; Thence along a
curve to the right having a radius of 30.00 feet, a central angle of 90 °11'52 ", a
chord bearing of N 43 041'00" E, a chord length of 42.50 feet, for a distance of
47.23 feet; Thence N 88 046'56" E parallel with and 60.00 feet south of the north line
of said NW /4 a distance of 134.90 feet; Thence S 01 °24'50" E a distance of 10.00
feet; Thence S 88 046'56" W a distance of 94.83 feet; Thence along a curve to the
left having a radius of 50.00 feet, a central angle of 90 011'52 ", a chord bearing of S
43 041'00" W, a chord length of 70.83 feet, for a distance of 78.71 feet; Thence S
01024'56" E a distance of 61.62 feet; Thence N 88 035'04" E a distance of 10.00 feet;
Resolution 2019 -17
Page 1 of 2
Thence S 01024'56" E a distance of 78.24 feet; Thence S 88 °46'56" W a distance of
30.00 feet to the Point of Beginning, and containing 0.151 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 Scruffy Properties, L.L.C. to purchase the land
referenced above; and
WHEREAS: Scruffy Properties, L.L.C. 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 Scruffy Properties, L.L.C. having
declined such offer of payment by the City of Owasso.
APPROVED this 6th day of August, 2019 by the City Coocil of the City of Owasso.
hY
r Fft�r *s1ley, , Mayor
Attest. 7
J I nn M. Stevens, *M2 / /
Approved as to form: Lo-l�lor�l
Ju' Lombardi, City Attorney
Resolution 2019 -17
Page 2 of 2
0Ra111M,1.-1EAL Chnocmr • REAL Communlry
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
Julie Trout Lombardi
City Attorney and General Counsel
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Resolution 2019 -17, Authorization to Initiate Condemnation Proceedings to
Acquire Property for the North Garnett Road Widening Project at the Intersection
of 116th Street North and North Garnett Road
August 2, 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 5 and 5.1 are located at 11585 North
Garnett Road and are owned by Scruffy Properties, LLC ( "Scruffy "). An appraisal of the ROW
and temporary construction easement needed on this property was performed on or about
June 20, 2019. The value of the ROW 2,848.10 square feet, damages and temporary easement
was found to be approximately $48,883.00. The City engaged in negotiation with Scruffy, and
the last offer tendered was in the amount of $59,363.10. The property owner refused that offer
and advised that they would accept $140,576.76 in compensation. The City declined to offer
the requested amount.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the necessary ROW and temporary easement on the Scruffy
parcel. The ROW and easement 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 ROW and temporary easement from the Scruffy property.
RECOMMENDATION:
Staff recommends approval of Resolution 2019 -17, authorizing the filing and prosecution of a
condemnation action to obtain the necessary ROW and temporary easement on the Scruffy
property described therein.
ATTACHMENT:
Resolution 2019 -17
Appraisal
Letter dated May 10, 2019