HomeMy WebLinkAbout2026 02_Condemnation for 13610 E 96th St NTulsa County Clerk - MICHAEL WILLIS
• Doc #: 2026017059 Page(s): 2
03/02/2026 02:16:30 PM
Receipt#:2026-12771
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CITY OF OWASSO, OKLAHOMA
RESOLUTION 2026-02
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 13610 EAST 96th STREET NORTH, OWASSO, OKLAHOMA,
74055
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
endeavored to purchase certain property from the Bear Creek Trust, dated July 14, 2015,
with the following legal description:
Parcel 10.1:
A portion of the Northwest 1/4 of Section 21, Township 21 North, Range 14 East, Tulsa
County, State of Oklahoma, being more particularly described as follows.
Commencing at the Northeast corner of said Northwest 1/4; thence a distance of
378.38 feet, on a bearing of S88032'48"W, being the basis of bearings for this
description, along the North line of said Northwest 1/4; thence a distance of 33.00
feet to the Northeast corner of the Parent Parcel described in document number
2023028677 as filed with the Tulsa County Clerk's Office, on a bearing of S01 027'12"E,
to a point on the Southerly Present Right-of-way line for E 96th Street N, said line
being 33.00 feet South and parallel with the North line of said Northwest 1/4, also
being the Point of Beginning; thence SOl°27'11"E, along the East line of said Parent
Parcel, a distance of 17.00 feet to a point being 50.00 South of said North line; thence
S88032'48"W, parallel to said North line, a distance of 329.45 feet to a point on the
West line of said Parent Parcel; thence NOVI7'32"W, along the West line of the said
Parent Parcel, a distance of 17.00 feet to a point on said Southerly Present Right-of-
way line; thence N88°32'48"E along said Southerly Present Right-of-way, a distance
of 329.40 feet to the Point of Beginning.
Parcel 10.2:
A portion of the Northwest 1/4 of Section 21, Township 21 North, Range 14 East, Tulsa
County, State of Oklahoma, being more particularly described as follows.
Commencing at the Northeast corner of said Northwest 1/4; thence a distance of
378.38 feet, on a bearing of S88032'48"W, being the basis of bearings for this
description, along the North line of said Northwest 1/4; thence a distance of 50.00
feet, on a bearing of S01°2711"E; thence a distance of 201.45 feet, on a bearing of
S88032'48"W, parallel to said North line to the Point of Beginning; thence S39000'20"W,
a distance of 46.00 feet, thence S88032'48"W. parallel to said North line, a distance
of 60.30 feet: thence N41 °54'45"W, a distance of 46.00 feet to a point 50.00 feet South
of said North line; thence N88032'48"E, parallel to said North line, a distance of 120.00
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 96th Street North from North 134ih East Avenue
to North 145th East Avenue; and
Resolution 2026-02
Page 7 of 2
WHEREAS: The City of Owasso, by and through officers and agents thereof, has
made a bona fide, good faith offer to the Bear Creek Trust, dated July 14, 2015, to
purchase the land referenced above; and
WHEREAS: The Bear Creek Trust, dated July 14, 2015, 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 96th Street North from
North 134th East Avenue to North 1451h 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 Bear Creek Trust, dated July 14,
2015, which has declined such offer of payment by the City of Owasso.
PASSED AND APPROVED this 17th day of February, 2026.
EST:,
a LAN Apt q)
Ju i n M. Stevens, City Clerk
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AP7CYED AS TO FO M:
Ow6a
Juli Fo
mbardi, City Attorney
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Alvin Fruga, May r
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Resolution 2026-02
Page 2 of 2
S �NROVED BY
v vv/aSSO CITY COUNCIL
FEB 17 2026
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi, City Attorney and General Counsel
SUBJECT: Resolution 2026-02, Authorization to Initiate Condemnation Proceedings to
Acquire Property for the East 961h Street North Widening from North 134th East
Avenue to North 145}h East Avenue Project
DATE: February 12, 2026
BACKGROUND:
The City of Owasso is currently in the process of acquiring private property along East 96th Street
North as public right-of-way (ROW) and perpetual drainage easement in accordance with the
East 96th Street North Widening from North 134fh East Avenue to North 145th East Avenue.
Parcel No. 10.1 for permanent right-of-way for approximately 5,601 sq ft and Parcel 10.2 for
perpetual drainage easement for approximately 3,156 sq ft are located at 13610 East 96}h Street
North and are owned by the Bear Creek Trust, dated July 14, 2015. A final offer by the City of
Owasso was sent to the landowner in the amount of $31,000.00 for Parcel 10.1 and Parcel 10.2.
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 parcels. The right-of-way and
perpetual drainage easement in question will be utilized for a public purpose; 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 property owner.
RECOMMENDATION:
Staff recommends approval of Resolution 2026-02, authorizing the filing and prosecution of a
condemnation action to obtain the necessary right-of-way and easement from the Bear Creek
Trust, dated July 14, 2015, property described therein.
ATTACHMENTS:
Proposed Resolution 2026-02
Location Map