HomeMy WebLinkAbout2023 18_Condemnation_12906 E 106th St N_E 106 St N & N 129 E Ave Intersection ImprovementsCITY OF OWASSO, OKLAHOMA
RESOLUTION 2023 -18
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 12906 E. 106th STREET NORTH, OWASSO, OKLAHOMA, 74055
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from GCP Properties, LLC, with the following
legal description:
Permanent Right of Wav:
A tract of land that is a part of the Northwest Quarter of the Northwest Quarter of the
Northwest Quarter of the Northwest Quarter (NW /4 NW /4 NW /4 NW /4) OF Section Sixteen
(16), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian base and
Meridian, Tulsa County, State of Oklahoma. More particularly described as; Commencing
at the Northwest Corner of said Section 16, thence along the North line of the Northwest
Quarter, N88 °44'43 "E a distance of 331.07 feet to the Northeast corner of the said Northwest
Quarter of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter; thence
along the East line of the said Northwest Quarter of the Northwest Quarter of the Northwest
Quarter of the Northwest Quarter, S01 018'53 "E a distance of 16.50 feet to the Point of
Beginning; thence SOl °18'53 "E a distance of 43.50 feet; thence S88 044'43 "W a distance of
211.07 feet; thence S43 042'55 "W a distance of 77.74 feet; thence S01 °18'53 "E a distance of
215.87 feet; thence along the South line of the said the Northwest Quarter of the Northwest
Quarter of the Northwest Quarter of the Northwest Quarter, S88 044'43 "W a distance of 48.50
feet; thence along the Statutory Right of Way being 16.50 feet East of and parallel with the
West line of the Northwest Quarter of said Section 16, Nol °18'53 "W a distance of 314.37
feet; thence along the Statutory Right of Way being 16.50 feet South of and parallel with
the North line of the Northwest Quarter of said Section 16, N88 044'43 "E a distance of 314.57
feet to the Point of Beginning.
Temporary Construction Easement:
A tract of land that is a part of the Northwest Quarter of the Northwest Quarter of the
Northwest Quarter of the Northwest Quarter (NW /4 NW /4 NW /4 NW /4) of Section Sixteen
(16), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian base and
Meridian, Tulsa County, State of Oklahoma. More particularly described as; Commencing
at the Northwest Corner of said Section 16, thence along the North line of the Northwest
Quarter, N88 °44'43 "E a distance of 266.08 feet; thence S01 °18'53 "E a distance of 60.00 feet
to the Point of Beginning; thence on a line parallel with and 60.00 feet from the North line
of the Northwest Quarter of said Section 16, S88 °44'43 "W a distance of 146.08 feet; thence
S43 042'55 "W a distance of 77.74 feet; thence on a line parallel with and 65.00 feet from the
West line of the Northwest Quarter of said Section 16, S01 "I8'53 "E a distance of 215.87 feet;
thence N88 °44'43 "E a distance of 5.00 feet; thence N011'11 8'53"W a distance of 213.80 feet;
thence N43 °42'55 "E a distance of 73.60 feet; thence N88 °44'43 "E a distance of 144.01 feet;
thence N011'11 8'53"W a distance of 5.00 feet to the Point of Beginning.
WHEREAS: The acquisition of the property referenced above is necessary for public
safety and to facilitate the widening of East 106th Street North and North 1291h East
Avenue;and
Resolution 2023 -18
Page 1 of 2
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
made a bona fide, good faith offer to GCP Properties, LLC, to purchase the land
referenced above; and
WHEREAS: GCP 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 East 106th Street North and
North 129th East Avenue.
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 GCP Properties, LLC, which has
declined such offer of payment by the City of Owasso.
PASSED AND APPROVED this 3rd day of October, 2023.
19TJnn M. Stevens, -
APP - /ED AS TO FORM:
Juli ombardi, City Attorney
8062416.1
Resolution 202318
Page 2 of 2
TO:
FROM:
SUBJECT:
DATE:
Sd
The Honorable Mayor and City Council
Julie Trout Lombardi, City Attorney and General Counsel
Resolution 2023 -18, Authorization
Acquire Property for the East 1061h
Intersection Improvement Project
September 28, 2023
BACKGROUND:
APPROVED BY COUNCIL
OCT 0 3 2023
to Initiate Condemnation Proceedings to
Street North and North 1291h East Avenue
The City of Owasso is currently in the process of acquiring private property along East 106th Street
North and North 129th East Avenue as public right -of -way (ROW) in accordance with the East
106th Street North and North 129th East Avenue Intersection Improvement Project. Parcel No. 11 is
located at 12906 East 106th Street, and is owned by GCP Properties, LLC. An appraisal of this
property was performed on or about June 13, 2021. A final offer of $242,000 was recently
tendered to the landowner but the parties have been unable to reach agreement. Therefore, it
has become apparent that condemnation will be required in this case.
Based upon the foregoing, condemnation is the sole mechanism available to the City to obtain
the necessary right -of -way and easement on the GCP Properties parcel. The property 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 land
necessary from the GCP property.
RECOMMENDATION:
Staff recommends approval of Resolution 2023 -18 authorizing the filing and prosecution of a
condemnation action to obtain the necessary right -of -way and easement on the GCP property
described therein.
ATTACHMENT:
Proposed Resolution 2023 -18