HomeMy WebLinkAbout2010 08_Necessity of Condemnation Procedures_2010.07.06CITY OF OWASSO, OKLAHOMA
RESOLUTION No. 2010-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, RESOLVING THE
NECESSITY OF INSTITUTING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN RIGHT-
OF-WAY, PERMANENT AND TEMPORARY
CONSTRUCTION EASEMENTS
WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored
to obtain right-of way and permanent and temporary construction easements, the legal
descriptions of same attached hereto and marked Exhibit "A," deemed necessary for the 8611'
Street North widening project from the respective landowners, to-wit:
Hazel Rowena Mills, Trustee of the Mills Family Revocable Trust, Parcel 25
Julia M. Stokes, Trustee of the Julia M. Stokes Revocable Trust, Parcels 20, 20A, 21,
21A, and 21.1
WHEREAS: In connection with such efforts to obtain the needed right-of-way and permanent
and temporary construction easements consensually, the City of Owasso, by and through officers
and agents thereof, has made bona fide good faith offers to purchase same; and,
WHEREAS: The above-referred landowners have not accepted such offers and by reason
thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the
State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are
hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings
against any or all of the above-named landowners to obtain the necessary right-of-way and
permanent and temporary construction easements as set forth in Exhibit "A" hereto, as well as
any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to.
APPROVED AND ADOPTED this 6t" day of July, 2010, by the City Council of the City of
Owasso, Oklahoma.
Attest:
-AVIW V Lde~-
Sherry Bis p, City Cler
Approved As To Form:
. 1."- 7 Qv, Ld- Lam
ulie Trout Lombardi, City Attorney
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OFFICIAL
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Exhibit A
Resolution No. 2010-08
Parcel 20 (Julia M. Stokes Revocable Trust Tract)
Beginning at the NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 655.53 feet; Thence S 01°46'07" E a
distance of 140.00 feet; Thence S 88°41'28" W a distance of 60.28 feet; Thence N 01°18'32" W
a distance of 80.00 feet; Thence S 88°41'28" W a distance of 595.93 feet to the west line of said
NE/4; Thence N 01°44'06" W a distance of 60.00 feet to the Point of Beginning, and containing
33,313.31 square feet, (0.765 acres), more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 20A (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 342.37 feet; Thence S 01°18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88°41'28" E a distance of 254.00
feet; Thence S 01'18'32" E a distance of 10.00 feet; Thence S 88°41'28" W a distance of 254.00
feet; Thence N 01°18'32" W a distance of 10.00 feet to the Point of Beginning, and containing
2540.01 square feet, (0.058 acres), more or less.
Parcel 21 (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 655.53 feet to the Point of
Beginning; Thence N 88°41'28" E along the north line of said NE/4 a distance of 655.53 feet;
Thence S 01°51'23" E a distance of 60.00 feet; Thence S 88°41'28" W a distance of 615.26 feet;
Thence S 01°18'32" E a distance of 80.00 feet; Thence S 88°41'28" W a distance of 39.72 feet;
Thence N 01°46'07" W a distance of 140.00 feet to the Point of Beginning, and containing
31,721.45 square feet, (0.728 acres) more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 21A (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 696.37 feet; Thence S 01°18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88°41'28" E a distance of 615.26
feet; Thence S 01°51'23" E a distance of 60.00 feet; Thence S 88°41'28" W a distance of 170.06
feet; Thence N 01°18'32" W a distance of 50.00 feet; Thence S 88°41'28" W a distance of
445.78 feet; Thence N 01'18'32" W a distance of 10.00 feet to the Point of Beginning, and
containing 14,644.15 square feet, (0.336 acres), more or less.
Parcel 21.1 (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 917.37 feet; Thence S 01°18'32" E a
distance of 70.00 feet to the Point of Beginning; Thence N 88°41'28" E a distance of 224.78
feet; Thence S 01°18'32" E a distance of 70.00 feet; Thence S 88°41'28" W a distance of 224.78
feet; Thence N 01°18'32" W a distance of 70.00 feet to the Point of Beginning, and containing
15,734.44 square feet, (0.361 acres), more or less.
Parcel 25 (Mills Family Revocable Trust Tract)
Commencing at the SW corner of the SW/4 of Sec.19, T-21-N, R-14-E, I.B.&M.; Thence N
88°56'25" E along the south line of said SE/4 a distance of 1366.75 feet to the Point of
Beginning; Thence N 01°17'04" W a distance of 50.00 feet; Thence N 88°56'25" E a distance of
1328.87 feet; Thence S 01°17'16" E a distance of 20.00 feet; Thence S 88°56'25" W a distance
of 99.74 feet; Thence S 01°17'18" E a distance of 30.00 feet; Thence S 88°56'25" W a distance
of 1229.14 feet to the Point of Beginning, and containing 43,170.92 square feet, (0.991 acres),
more or less of new right-of-way, the remaining area included within this description being
present right-of-way.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: EAST 86TH STREET NORTH WIDENING PROJECT;
CONDEMNATION PROCEEDINGS
RESOLUTION NO. 2010-08
DATE: July 2, 2010
INTRODUCTION:
Presented for the Council's consideration is proposed Resolution No. 2010-08, which authorizes
by necessity the filing of two condemnation actions to acquire easements needed for completion
of the East 86th Street North widening project. A copy of the Resolution is attached for the
Council's review.
BACKGROUND:
For the past few months, staff has communicated with landowners along 86t" Street North
between Main and Memorial in an effort to purchase right-of-way and permanent and temporary
easements for the street widening project. Specifically, the City obtained an appraisal for each
property on East 86th Street North between Main and Memorial where right-of-way is required.
Offers were made to each of the owners of those parcels and in most cases the necessary right-of
way and easements have been or are being purchased. However, the owner of parcel 25, Hazel
Rowena Mills, Trustee of the Mills Family Revocable Trust, and the owner of parcels 20 and 21,
Julia M. Stokes, Trustee of the Julia M. Stokes Revocable Trust, rejected the City's offer. Staff
submits that acquisition of the requested rights-of-way and permanent and temporary
construction easements from these parcels is critical to completion of the East 86th Street North
widening project and condemnation actions are necessary to obtain the land needed in both
cases.
Based upon the foregoing, it is submitted that at this time condemnation is the sole available
mechanism to obtain the needed rights-of-way and permanent and temporary easements on the
Mills and Stokes properties. The rights-of-way and easements will be utilized solely for a public
purpose and condemnation actions are both necessary and appropriate. The representatives of the
City have offered the landowners a fair price for the property interests sought based on an
appraisal obtained by the City. In neither case have the landowners expressed a willingness to
accept the City's offer and it is not believed that an agreement can be reached through continued
negotiation. Therefore, staff submits that a resolution of necessity authorizing the institution and
prosecution of a condemnation action for each of the two properties is appropriate and
warranted.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 2010-08, resolving the necessity of
instituting and prosecuting condemnation procedures to obtain right-of-way and permanent and
temporary construction easements for a tract of land known as the Mills Family Revocable Trust
Tract, and a tract of land known as the Julia M. Stokes Revocable Trust Tract, for the East 86"'
Street North and Mingo Road Intersection Improvement Project.
ATTACHMENTS:
1. Resolution No. 2010-08