Broken Arrow City Council
Meeting of: 05-07-2019
Title:
title
Consideration, discussion, possible approval of and authorization to execute a Settlement Agreement and a Mutual Access Easement Agreement with Joyce Summers regarding property located at 100 East Kansas Street in the City of Broken Arrow, Tulsa County; acceptance of an Easement for Access to Property consisting of 0.084 acres on said property from Joyce Summers; authorization for payment in the amount of $5,347
End
Background:
In approximately August, 2004, the City constructed a sidewalk which runs north-to-south along the western edge of a residential property owned by Joyce Summers and located at 100 East Kansas Street. A portion of the sidewalk was constructed within a platted City road easement, but not within a designated sidewalk easement. The remaining portion of the sidewalk was constructed in a platted PSO utility easement without its written consent. The sidewalk was constructed along a footpath that had existed for a few years prior to the construction of the sidewalk. The intent od the sidewalk was to connect the Country Lane Estates subdivision to the Centennial Middle School and Country Lane Elementary School facility. The sidewalk was constructed to link Kansas Street to the school property. School children and others were using the walking path for a few years before the construction and the sidewalk and have used the sidewalk ever since.
In May, 2018, the City Attorney’s Office was contacted by Randy Duncan, attorney for Ms. Summers, who asserted the City had inversely condemned a portion of Ms. Summers’ property and the 15-year statute of limitation for inverse condemnation would run out in August, 2019. As a result, the City entered into negotiations with Mr. Duncan to resolve the matter without litigation. Agreement was reached, as is reflected in the attached documents.
The sidewalk at issue has provided a valuable public service. The settlement documents provide that the City will, among other things, remove, relocate and reconstruct the sidewalk upon Ms. Summer’s property. In addition, the City will pay Ms. Summers $5,347, calculated as follows: $2,327 for a mutual access easement; $1,020 as damages related to her inverse condemnation claim; and $2,000 in attorney’s fees. In return, Ms. Summers will grant the City a mutual access easement across the sidewalk portion of her property.
Cost: $5,347 plus the cost of relocating the sidewalk (approximately $15,000)
Funding Source: Street Sales Tax Fund Sidewalk Project
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager Office
Attachments: Settlement Agreement
Mutual Access Easement Agreement
Mutual Access Easement
Recommendation:
recommend
Approve and authorize execution of the Settlement Agreement and Mutual Access Easement Agreement; accept the Mutual Access Easement; and authorize payment according to the terms of the Settlement Agreement.
end