HomeMy WebLinkAbout2022 13_Condemnation 10808 N 97 E AveCITY OF OWASSO, OKLAHOMA
RESOLUTION 2022 -13
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 10808 NORTH 97T" EAST AVENUE, OWASSO, OKLAHOMA,
74055
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from the heirs of Billy Gene Crawford, Sr., with
the following legal description:
Utility Easement:
A tract of land in the southeast quarter (SE /4) of Section Twelve (12), Township Twenty -One
(21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County,
according to the U.S. Government survey thereof, and being more particularly described
as follows, to wit:
Commencing at the southeast corner of said Section Twelve (12); Thence S88°34'58 "W for
a distance of 663.30 feet; thence N01°34'32 "W for a distance of 1,161.00 feet; thence
N88°33'06 "E for a distance of 258.41 feet to the point of beginning; thence N22°57'17 "E
for a distance of 182.16 feet; thence N88°32'49 "E for a distance of 21.97 feet; thence
S22°57'24 "W for a distance of 182.16 feet; thence S88°33'06 "W for a distance of 21.97
feet to the point of beginning; area containing 0.08 acres, more or less.
Temporary Construction Easement:
A tract of land in the southeast quarter (SE /4) of Section Twelve (12), Township Twenty -One
(21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County,
according to the U.S. Government survey thereof, and being more particularly described
as follows, to wit:
TRACT A
Commencing at the southeast corner of said Section Twelve (12); thence S88°34'58 "W for
a distance of 663.30 feet; thence N01°34'32 "W for a distance of 1,161.00 feet; thence
N88°33'06 "E for a distance of 203.50 feet to the point of beginning; thence N22°57'17"E
for a distance of 182.15 feet; thence N88 °32'49 "E for a distance of 54.91 feet; thence
S22°57'17 "W for a distance of 182.16 feet; thence S88°33'06 "W a distance of 54.91 feet
to the point of beginning area containing 0.21 acres, more or less.
AND
TRACT B
Commencing at the southeast corner of said Section Twelve (12); thence S88°34'58 "W for
a distance of 663.30; thence N01°34'32 "W for a distance of 1,161.00 feet; thence
N88°33'06 "E for a distance of 280.38 feet to the point of beginning; thence N22°57'24 "E
for a distance of 182.16 feet; thence N88°32'49 "E for a distance of 54.91 feet; thence
S22°57'24 "W for a distance of 182.17 Feet; thence S88°33'06 "W for a distance of 54.91
feet to the point of beginning; area containing 0.21 acres, more or less.
Resolution 2022 -13
Page 2
WHEREAS: The acquisition of the property referenced above is necessary for public
safety and to facilitate the sewer system servicing the surrounding area; and
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
attempted to make a bona fide, good faith offer to Billy G. Crawford, Jr., to purchase the
land referenced above; and
WHEREAS: All the heirs of Billy Gene Crawford, Sr., were not able to be located,
resulting in an inability to obtain proper ownership of the land; 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 facilitation of the sewer system servicing
the surrounding area.
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 the heirs of Billy Gene Crawford.
In addition, staff is authorized to retain the firm of Doerner, Saunders, Daniel & Anderson,
LLP, to represent the City of Owasso and prosecute this matter to conclusion.
APPROVED this 6th day of September, 2022, by the City Council of the City of Owasso.
Approved As To Form:
Julie Lombardi, City Attorney
23.0 PARCEL 23 EXHIBIT "A19
SANITARY SEWER EASEMENT
Page 2 of 2
POINT OF BEGINNING
East 116th Street North
POINT OF COMMENCEMENT
SOUTHEAST CORNER OF T SECTION 12
SANITARY SEWER Scale: 1 " =50'
Ii3lU.1 East 106th Street North
EASEMENT 0 25 50 10D
Location Map
FILE: 210021 LO -23 Not to Scale
Notes
1. THE BEARING BASE FOR THIS EXHIBIT IS BASED ON THE SOUTH gENNETT
LINE OF THE SE /4 OF SECTION 12, T -21 -N, R -13 -E AS
23.A PARCEL 23 EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
Page 2 of 2
POINT OF COMMENCEMENT
SOUTHEAST CORNER
SECTION 12
APPROVED BY COUNCIL
TO: The Honorable Mayor and City Council 2022
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Resolution 2022 -13, Authorization to Initiate Condemnation Proceedings to
Acquire a Temporary Construction Easement and a Sanitary Sewer Easement for
the Ranch Creek Interceptor Project.
DATE: September 1, 2022
BACKGROUND:
The City of Owasso is currently in the process of acquiring easements in the Ranch Creek
Interceptor basin. The property at issue is the final tract to be obtained, and it is necessary to
acquire both a temporary construction easement and a sanitary sewer easement. The owners
of the property have passed away, and the property has not been probated or otherwise
conveyed to heirs. It is somewhat unclear who the rightful heirs to the property might be and
who requires notification and /or service of process in this case. At the present time, staff is
unaware of an heir who might be able to convey good title to the property. 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 Crawford 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
easements from this property.
RECOMMENDATION:
Staff recommends approval of Resolution 2022 -13 authorizing the filing and prosecution of a
condemnation action to obtain the necessary easements on the Crawford property described
therein.
ATTACHMENT:
Proposed Resolution 2022 -13