HomeMy WebLinkAbout2023 19_Condemnation_12716 E 106th St N_E 106 St N & N 129 E Ave Intersection ImprovementsCITY OF OWASSO, OKLAHOMA
RESOLUTION 2023-19
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 12716 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 Brandy Ryan Lambert, with the following
legal description:
Permanent Riaht of Wav:
A tract of land that is a part of the Northeast Quarter of the Northeast Quarter (NE /4 NE /4)
of Section Seventeen (17), 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 Northeast Corner of said Section 17, thence along the
North line of the Northeast Quarter, S88 °43'29 "W a distance of 415.44 feet; thence
SOl °19'40 "E a distance of 16.50 feet to the Point of Beginning; thence along the Statutory
Right of Way being 16.50 feet South of and parallel with the North line of the Northeast
Quarter of said Section 17, S88 °43'29 "W a distance of 226.85 feet; thence SOl °19'40 "E a
distance of 38.5 feet; thence N88 043'29 "E a distance of 226.85 feet; thence N01019'40 "W a
distance of 38.50 feet to the Point of Beginning.
Temporary Construction Easement:
A tract of land that is a part of the Northeast Quarter of the Northeast Quarter (NE /4 NE /4)
of Section Seventeen (17),, 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 Northeast Corner of said Section 17, thence along the
North line of the Northeast Quarter, S88 043'29 "W a distance of 469.07 feet; thence
S01 °16'31 "E a distance of 55.00 feet to the Point of Beginning; thence on a line 55.00 feet
South of and parallel with the North line of the Northeast Quarter of said Section 17,
S88 043'29 "W a distance of 68.00 feet; thence SOl °16'31 "E a distance of 15.00 feet; thence
N88 043'29 "E a distance of 68.00 feet; thence NOl °16'31 "W a distance of 15.00 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 129th East
Avenue;and
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
made a bona fide, good faith offer to Brandy Ryan Lambert, to purchase the land
referenced above; and
WHEREAS: Brandy Ryan Lambert 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
Resolution 2023 -19
Page 1 of 2
above in the interest of public safety and for the widening of East 106th Street North and
North 1291h 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 Brandy Ryan Lambert, which
has declined such offer of payment by the City of Owasso.
PASSED AND APPROVED this 3b day of October, 2023.
Kelly Lewis ayor
ATT ST: F ! IAL 0
Julia n M. Stevens, CL 001�.1D�
APPROV D ASITO�FORM:
Julie mbardi, City Attorney
8062458.1
Resolution 202319
Page 2 of 2
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
Julie Trout Lombardi, City Attorney and General Counsel
Resolution 2023 -19, Authorization
Acquire Property for the East 106 h
Intersection Improvement Project
September 28, 2023
BACKGROUND:
APPROVED BY COUNCIL
OCT 0 3 2023
to Initiate Condemnation Proceedings to
Street North and North 129th 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. 16 is
located at 12716 East 106th Street North, and is owned by Brandy Ryan Lambert. An appraisal on
this property was performed on or about June 16, 2021, which resulted in a final offer by the City
of Owasso to the landowner in the amount of $42,000. This offer was not accepted; therefore, it
is necessary to condemn the property.
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 Lambert parcel. The right -of-
way 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 the land needed from the Lambert property.
RECOMMENDATION:
Staff recommends approval of Resolution 2023 -19 authorizing the filing and prosecution of a
condemnation action to obtain the necessary easements on the Lambert property described
therein.
ATTACHMENT:
Proposed Resolution 2023 -19