Broken Arrow City Council
Meeting of: 04-04-2017
To: Mayor and Council Members
From: Engineering and Construction Department
Title:
title
Consideration, discussion, and possible approval of Resolution No. 998, a Resolution of Necessity to condemn property located at 131 North 9th Street, Broken Arrow, Tulsa County, State of Oklahoma (9th Street Widening Elgin Street to El Paso Street)
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Background:
The property located at 131 North 9th Street, Broken Arrow, Tulsa County, State of Oklahoma is presently owned by Amy E. and Tracy A. Hefley. An informational letter was sent out to this property owner affected by the proposed 9th Street widening project from El Paso Street to Elgin Street on November 10, 2015, detailing the improvements. An introductory letter was sent to the land owner dated May 31, 2016, that introduced the new contract right of way agent along with a donation certificate and an offer after appraisal to purchase permanent right of way, a utility easement, and a temporary easement for $16,150.00. On June 15, 2016, the right of way agent and several engineers visited onsite with the property owner at their request for more information. On July 25, 2016, a response was received via email from the property owner advising of a counter offer in the amount of a total buyout for $113,000.00. In another attempt, a letter dated December 13, 2016, the City offered $16,150.00 for the needed easements. On or about January 26, 2017, the City received a rejection from the owner. The offer letter was marked on all pages “Rejected”.
Staff recommends proceeding with the condemnation process required to obtain the right of way and easements. Acquisition is necessary to construct the roadway improvements associated with 9th Street Widening Elgin Street to El Paso Street as approved by the voters in the 2011 and 2014 General Obligation Bond election.
City Council passed Resolution No. 978 on February 7, 2017, approving a Resolution of Necessity to condemn this property. However, Resolution No. 978 contained an error in the legal description. The present Resolution No. 998 corrects this error in the legal description.
Cost: Filing Fees
Prepared By: Trevor A. Dennis, Deputy City Attorney
Reviewed By: Engineering and Construction Department
Assistant City Manager - Operations
Legal Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 998
Letters dated 10/15/2015, 5/31/2016, 7/25/2016, 12/13/2016
Parcel Map
Recommendation: Approve Resolution No. 998 and authorize its execution.