Broken Arrow City Council
Meeting of: 05-07-2019
Title:
title
Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1211, a Resolution of Necessity to Condemn Property generally located at 13600 S 177th East Avenue, Broken Arrow, in the Southwest Quarter of Section 12, Township 17 North, Range 14 East of the Indian Meridian, Tulsa County, Oklahoma, for the County Line Trunk Sewer Replacement, (Project No. S.1609A)
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Background:
An informational letter sent to the James Dark, trustee for one of the property owners on 10/11/18, detailing the improvements, introducing the right of way agent along with a donation certificate, owner contact form along with property exhibit. On 10/29/18, an offer letter based on market analysis sent to James Dark for a Temporary Construction Easement for $7,610.00. On 10/30/18 received the completed owner and donations forms back, indicating the property owner was referring me to an attorney. On 10/30/19 copies of the documents previously sent to James Dark were forwarded to the attorney Mark Harper. On 1/7/19 I again forwarded all documents to Mr. Harper. On 1/7/19 emailed Mr. Harper that I had not received any communications. On 1/14/19 a letter was sent to the James Dark advising that his attorney has had no communications with the City. On 1/18/19 received an email refusing the City’s offer, suggesting a counter offer of $15,220.00. I advised Mr. Harper that we would consider the offer after the appraisal. On 1/29/19 emailed and mailed Mr. Harper a letter refusing the counter offer based on the appraisal. Included in the mailing was a copy of the appraisal and a copy of the original offer letter. On 2/6/19 a signed letter of acceptance was received by mail. On 2/6/19 an email was sent to Mr. Harper with the documents that would need to be signed to secure the easement. Also asking for a copy of the Trust document so I could ascertain if one individual could sign for the trust. On 2/7/19 received a response from Mr. Harper advising he was trying to get signatures. As of 4/10/19 we have not received any documents or the Trust document from Mr. Harper. The attached Resolution of Necessity No. 1186 authorizes that condemnation proceed on Parcel 1A, for a Temporary Construction Easement.
Cost: $2,429.00 plus costs
Funding Source: OWRB Loan.
Requested By: Alex Mills, P.E., CFM, Engineering & Construction Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 1211
Right of Way Agent’s Report
Offer Letter Acceptance
Parcel 1A, Survey Exhibit
Recommendation:
recommend
Approve Resolution No. 1211 and authorize its execution.
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