Loading...
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 °kcanoMP Fees: $20.00 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 E AP7CYED AS TO FO M: Ow6a Juli Fo mbardi, City Attorney �A Alvin Fruga, May r O\� I OF Op�9 f" OFFICIAL a S EPA L P L1L 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