HomeMy WebLinkAbout623_Approving Sale of Property_RCB BankTULSA COUNTY CLERK - JOAN HASTINGS RECPT #405935
DOC # 99135416 PGS 2 13/P 629610859 -0860 FEE
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 623
11/19/99 14:23:38 10.00
AN ORDINANCE APPROVING THE SALE OF CITY OF
OWASSO, OKLAHOMA, REAL PROPERTY ALL AS
MORE PARTICULARLY DESCRIBED BELOW,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SUCH DOCUMENTS NECESSARY FOR
CONSUMMATION OF THE TRANSACTION, NOTIFYING
THE PUBLIC OF REFERENDUM RIGHTS, DECLARING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
Section One: The City Council of the City of Owasso, Oklahoma, hereby approves the
sale of the property described as follows, to -wit:
Part of the Northeast Quarter (NE/4) of Section 20, Township 21
North, Range 14 East of the Indian Base and Meridian, City of
Owasso, Tulsa County, Oklahoma according the U.S. Government
Survey thereof, more particularly described as follows, to -wit:
Commencing at the Northwest Corner of said NE /4; Thence S 0°
03'58" W along the West Line of said NEA a distance of 5 0. 0 feet
to a point on the right -of -way line of the Mingo Valley Expressway
(U.S. Highway 169); thence continuing along said right-of-way S
84°44'25" E a distance of 20.24. feet to the point of beginning;
thence continuing along said right -of -way line a distance of 52.99
feet, thence S 0°03'57" W a distance of 591.99 feet; thence N 89°
40'39" W a distance of 52.78 feet; thence N 0°03'57" E a distance
of 596.40 feet to the point of beginning; containing 30,872 Sq. Ft.
or 0.7087 acres more or less,
to RCB Bank, Inc., or its nominee, for the purchase price of $58,000.00.
In conjunction with the foregoing approval of sale, the City Council of the City of
Owasso, Oklahoma, hereby authorizes the Mayor and City Clerk to execute any and all
documentation necessary for consummation of the sale of the above described property.
Section Two: In accordance with the provisions of Section 4 -3 of the Charter of the City
of Owasso, Oklahoma, this ordinance shall be referred to a vote of the electors of the City if a
legal and sufficient referendum petition is properly filed within thirty (30) days after its passage.
Section Three: Subject to the provisions of Section Two hereof, this ordinance shall
become effective thirty (30) days after its passage and publication as provided by State Law.
CITY OF OWASSO, OKLAHOMA
By: Mark Wilken, Mayor
AS TO FORM:
D. Cates, City Attorney
November 25th ,199 9
and sworn to before me this
day of
LINDA K. PURDOM
Tulsa County )
My Commission expires: a
8 -11 -2001
PUBLISHER'S FEE 103-40
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoman
November 25, 1999
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 623
AN ORDINANCE APPROVING THE SALE OF CITY OF OWASSO,
OKLAHOMA, REAL PROPER'L'Y ALL AS MORE PARTICULARLY
DESCRIBED BELOW, AUTHORIZING THE MAYOR AND CiTY
CLERK TO EXECUTE SUCH DOCUMENTS NECESSARY FOR
CONSUMMATION OF THE TRANSACTION, NOTIFYING THE PUB-
LIC OR REFERENDUM RIGHTS, DECLARING AN EFFECTIVE
DATt
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWAS-
SO, OKLAHOMA, THAT, TO -WIT;
Section One: The City Council of the City of Owasso, Oklahoma, here-
by approves the sale of the property described as follows, to -wit:
Part of the Northeast Quarter (NE14) of Section 20, Township 21 North,
Range 14 East of the Indian Base and Meridian, City of Owasso, Tulsa
County, Oklahoma according the U.S. Government Survey thereof,
more particularly described as follows, to -wit:
Commencing at the Northwest Corner of said NE/4: Thence S
0 "03'58"W along the West Line of said NE14 a distance of 50.0 feet to
a point on the right -of -way line of the Mingo Valley Expressway (U.s.
Highway 189); thence continuing along said right -of -way S84 °44'25 "E
a distance of 20.24 feet to the point of beginning; thence continuing
along said right -of -way line a distance of 52.99 feet, thence
S0103'57"W a distance of 591.99 feet; thence N89 °40'29"W a distance
of 52.78 feet; thence NO °03'57 "E a distance of 595.40 feet to the point
of beginning; containing 30,872 Sq. Ft. or 0.7087 acres more or less,
to RCS Bank, Inc., or its nominee, for the purchase price of
$58,000.00.
In conjunction with the foregoing approval of sale, the City Council of
the City of Owasso, Oklahoma, hereby authorizes the Mayor and City
Clerk to execute any and all documentation necessary for consumma-
tion of the sale of the above described property.
Section Two: In accordance with the provisions of section 4.3 of the
Charter of the City of Owasso, Oklahoma, this ordinance shall be
referred to a vote of the electors of the City If a legal and sufficient ref-
erendum petition is property filed within thirty (30) days after Its pas-
sage.
Section Three; Subject to the provisions of Section Two hereof, this
ordinance shall become effective thirty (30) days after Its passage and
publication as provided by State Law.
City of Owasso, Oklahoma
!s% Mark Wiiken
Mark Wilken, Mayor
(SEAL)
ATTEST.
Ps/ Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/Ronald D. Cates
Ronald D. Cates. City Attorney
memorandum
TO: HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: JEFF HANCOCK
CITY MANAGER
SUBJECT: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ORDINANCE #623 AN ORDINANCE APPROVING THE SALE OF
CITY OF OWASSO REAL PROPERTY
CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REAL ESTATE PURCHASE CONTRACT
DATE: November 11, 1999
As discussed by City Attorney Ron Cates at the last City Council Work Session and that will
again be discussed by Mr. Cates, this memorandum addresses two requested actions for the
City to sell City property to RCB Bank, Inc. This property is a strip of land presently used as
an access road to the City's water tower on 96' Street North. The first is item # 10 under the
City Council Agenda that requests City Council consideration and appropriate action relating to
ordinance #623, an ordinance approving the sale of City property located near 96's Street North
and U.S. Highway 169. The second is item # 11 and is consideration and appropriate action
that relates to a real estate purchase contract for the City to sell said property to RCB Bank,
Inc.
BACKGROUND:
The City in June of 1984 acquired a deed from Jerry C. Enterline and Gary Adams for
property. Specifically this land was to be used to allow the City access to its present water
tower and a potential future fire station. Since that time the City has built a fire station at a
different location. The proposed sale of this property would still allow the City access to its
water tower and would require the buyer, RCB, to provide an all weather surface roadway.
With this sale, only the land containing the present access road would be sold and said access
road would be closed. The present access road is of lesser quality and is too close to an
anticipated traffic signal and anticipated development. The property has been independently
appraised at $58,000 and buyer will pay for this cost and all costs associated with the
transaction, including appraisal fees, survey fees, and closing costs in an amount not to exceed
$2,000.
RECOMMENDATION:
Staff recommends Council approval of items 10 and 11 and the approval of Ordinance #623, an
ordinance approving the sale of City of Owasso real property and approval of a real estate
purchase contract, with RCB Bank, Inc.
ATTACHMENT:
1. Ordinance 623
2. Real Estate Purchase Contract
3. Subject Site Location Map
REAL ESTATE PURCHASE CONTRACT
Owasso, Oklahoma, November , 1999.
L PROPERTY.
The undersigned, RCB Bank, Inc. ( "Buyer "), hereby agrees to purchase from the undersigned,
City of Owasso, Oklahoma, ( "Seller ") and the Seller agrees to sell the following real property, to
wit:
Part of the Northeast Quarter (NE /4) of Section 20, Township 21
North, Range 14 East of the Indian Base and Meridian, City of
Owasso, Tulsa County, Oklahoma according the U.S. Government
Survey thereof, more particularly described as follows, to -wit:
Commencing at the Northwest Corner of said NEA; Thence S 0'
03'58" W along the West Line of said NEA a distance of 50.0 feet
to a point on the right -of -way line of the Mingo Valley Expressway
(U.S. Highway 169); thence continuing along said right -of -way S
84 °44'25" E a distance of 20.24. feet to the point of beginning;
thence continuing along said right -of -way line a distance of 52.99
feet, thence S 0 °03'57" W a distance of 591.99 feet; thence N 89°
40'39" W a distance of 52.78 feet; thence N 0 °03'57" E a distance
of 596.40 feet to the point of beginning; containing 30,872 Sq. Ft.
or 0.7087 acres more or less,
together with all the improvements and the appurtenances, if any, thereunto belonging, subject to
existing restrictions, easements, and mineral rights previously reserved, or conveyed of record
(collectively "the Property'.') upon the following terms and conditions.
2. TERMS:
The purchase price for the property is Fifty -Eight Thousand Dollars and Noll 00 ($58,000.00).
Such purchase price shall be paid in the following manner, to -wit:
(a) Buyer shall cause to be paid, for Seller's benefit, the sum of Thirty -Five Thousand and Noll 00
Dollars ($35,000.00) to Adams - Enterline, Grantors under that certain deed attached hereto and
marked Exhibit "A ", and obtain therefor and provide unto Seller a complete Release of Deed
Restrictions, presently existing in said referenced deed, in the form acceptable to the Seller; and,
(b) Buyer shall pay Seller the remaining sum of Twenty Three Thousand Dollars and No/ 100
($23,000.00) by cash, cashiers check, or certified funds at the closing of the transaction.
3. CONDITION OF PROPERTY:
Unless otherwise agreed upon in writing, Buyer, by Closing, shall be deemed to have accepted the
Property in its then existing condition. Buyer is purchasing the Property as is based on Buyer's
own inspection and NO WARRANTIES are expressed or implied by Seller that shall be deemed
to survive the Closing with reference to the condition of the Property.
4. FIXTURES AND EXTRAS:
The following items shall remain with the Property after the Closing as property of Buyer at no
additional cost to Buyer and shall be considered a part of the purchase price, None
5. SPECIAL PROVISIONS:
(a) Buyer will pay all costs associated with the transaction including, but not limited to, Seller's
appraisal fees, survey fees, closing costs all in an amount not in excess of Two Thousand Dollars
($2,000.00).
(b) Buyer shall cause to be dedicated, unto Seller or the Public, on Buyer's property platted as
"Owasso Commercial Plaza ", mutual access easements, in a width not less than fifty (50) feet, and
upon same construct all weather surface roadways to enable Seller continued and improved access
to Seller's remaining property as described in part on Exhibit "A" hereto contiguous to Seller's
platted property and popularly referred to as the "tank site ".
(c) Seller's obligation to close shall be expressly conditioned upon Seller's decision to sell not
being subject to an adverse referendum vote of the citizens of Owasso, Oklahoma, on the
ordinance authorizing the sale.
The foregoing provisions, where applicable, shall survive the Closing.
6. TITLE EVIDENCE: Seller shall furnish Buyer title evidence covering the Property, which
shows marketable title vested in Seller according to the title standards adopted by the Oklahoma
Bar Association.
(a) Such title evidence shall be in the form of: Abstract of Title.
(b) Seller shall make Seller's existing title evidence (base abstract of title) available to the Buyer
within a reasonable time after the date of acceptance of this Contract.
(c) Buyer shall pay any abstracting costs.
(d) When title evidence in the form of an abstract of title is furnished, then a duly certified abstract
of title (including current Uniform Commercial Code Certification) shall be provided at Buyer's
expense and Buyer shall, at Buyer's expense, obtain either a title opinion or an Owner's Title
Insurance Policy.
(e) Upon delivery of the abstract, certified to date, as the case may be, Buyer shall have a
reasonable time, not to exceed twenty (20) days, to examine the same and return the same to
Seller with any written objections concerning the marketability of the title or such right to object
shall be deemed waived. Seller shall have thirty (30) days from such notice of objection to correct
such defects, unless such time is further extended by written agreement of the parties.
(f) The title to the property shall be conveyed to Buyer by General Warranty Deed in recordable
form.
7. TAXES, ASSESSMENTS AND PRORATIONS:
Public property - not applicable
8. CLOSING:
This transaction shall be closed on or before the 20`h day of December, 1999, (the "Closing "),
unless Closing is extended as may be required by Paragraph 6 above, or by written agreement of
Seller and Buyer.
9. BINDING EFFECT:
This Contract, when executed by both Seller and Buyer, shall be binding upon and inure to the
benefit of Seller and Buyer, their respective successors and assigns. This Contract set forth the
complete understanding of Seller and Buyer and supersede all previous negotiations,
representations and agreements between them and their agents. This Contract can only be
amended, modified, or assigned by written agreement signed by both Seller and Buyer.
ACCEPTED this day of November, 1999.
RCB BANK, INC.
By:
Ted McGuire, President
ACCEPTED this day of November, 1999.
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
2780- 408.repc
CITY OF OWASSO, OKLAHOMA
El
Mark Wilken, Mayor
282669
book 4799 page 918
EXHIBIT "A"
DEED OF DEDICATION
KNOW ALL MEN By THESE PRESENTS:
Deed made this 12 day of 1984, between JERRY
C. ENPERLINE and GARY G. ADAMS, a partnership in the State of Oklahoma,
City of Tulsa, County of Tulsa, herein referred to as Dedicator, being
the sole owner of all interest, both legal and equitable, warranting
same, in the .following described property, and the CITY OF OWASSO,
OKLAHOMA, a municipal corporation, herein referred to as Dedicatee.
Dedicator does hereby dedicate, grant, bargain, sell, convey,
release and remise to Dedicatee, to have and to hold the saw, together
with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining for the purpose of public
use and location of public buildings, facilities and improvements,
including but not limited to, water storage tank, forever, free, clear
and discharged of and from all former grants, charges, taxes, judgments,
mortgages and other liens and encumbrances of whatsoever nature, all
that certain land described as follows, to -wit:
Commencing at the Northwest Corner of the Northeast Quarter
(NE/4) of, ;Section 20, Township 21 North, Range 14 East of the
Indian Base and Meridian- Thence South 89°56'56" East, a
distance of 21.60 feet; Thence South 00°46'15" West, a
distance of 51.92 feet to the Point of Beginning; Thence South
84°44'25" East, a distance of 50.19 feet; Thence South 00°
16'59" West, a distance of 286.11 feet; Thence South 00°
19'21" West, a distance of 305.89 feet; Thence South 89°
40'39" Fast, a distance of 170.00 feet; Thence South 00°
19'21" West, a distance of 150.00 feet; Thence South 50°
12'08" West, a distance of 287.70 feet; Thence North 00°
19'21" Fast, a distance of 641.25 feet; Thence North 00°
16'59" East,a distance of 290.46 feet to the Point of
Beginning.
Dedicatee;; by accepting this dedication, obligates itself to
forever preserve and use the above described land for the purposes
listed above and no other.
BOOK4799PACE 919
STATE OF OHIAHOMA )
COUNTY OF TULSA ss:
Before me, the undersigned, a Notary Public in and for said County
and State, on this /2 day of 1984, personally
appeared JERRY C. BNCERLINE and GARY G. ADAMS, a partnership in the
State of Oklahoma, to Ma known to be the identical persons who executed
the within arO foregoing instnmi¢ut, and acknowledged to me that they
executed the'same as their free and voluntary act and deed for the uses
and Purposes therein set forth.
Given under my hand and seal of office the day and year above
written.
My COMissiori Expires:
Owasso Area Map
Streets98
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