LEGISLATIVE RESEARCH CENTER
File #: 18-121    Name:
Type: General Business Status: Passed
File created: 12/27/2017 In control: Broken Arrow City Council
On agenda: 1/2/2018 Final action: 1/2/2018
Title: Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1069, a Resolution of Necessity to Condemn Property located in the NW/4 of the SW/4 of Section 7, T-18-N, R-15-E of the Indian Meridian, Wagoner County, State of Oklahoma, for the 23rd Street, Houston to Kenosha, Widening Project (Project No. ST0914), generally located at 2400 East College Street, Broken Arrow, Oklahoma
Attachments: 1. 180102 Resolution of Necessity No. 1069 Condemnation of Parcel 16.pdf, 2. Right of Way Agents Report.pdf, 3. General Warrranty Deed.pdf, 4. Location Map.pdf, 5. Memorandom of Meeting with Abatement Systems

Broken Arrow City Council

                                                                        Meeting of: 01-02-2017

                                                                                    

To:                     Mayor and City Council

From:                     Engineering and Construction Department

Title: 

title                     
Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1069, a Resolution of Necessity to Condemn Property located in the NW/4 of the SW/4 of Section 7,  T-18-N, R-15-E of the Indian Meridian, Wagoner County, State of Oklahoma, for the 23rd Street, Houston to Kenosha, Widening Project  (Project No. ST0914), generally located at 2400 East College Street, Broken Arrow, Oklahoma

End

Background:

The right-of-way acquisition for the 23rd Street, Kenosha to Houston, widening project has been approved for federal Surface Transportation Program (STP) funding, to be cost shared 20%-80% (City-Oklahoma Department of Transportation (ODOT)).  The City’s contract right-of-way agent, Universal Field Services, has attempted unsuccessfully to negotiate with Abatement Systems, Inc., for Parcel 16, generally located on the southwest corner of East College Street and Old Highway 51 in Section 7, Township 18 North, Range 15 East.  In accordance with a February 10, 2014, Project Construction, Maintenance, Utility Relocation, and Right-of-Way Agreement Between the Oklahoma Department of Transportation and the City of Broken Arrow, the City will make the right-of-way payments and ODOT will reimburse the City for 80 percent of the cost.  The attached Resolution of Necessity No. 1064 recommends that condemnation proceed on Parcel 16.

 

Funding for the City’s share of the Right of Way cost will be from the 2014 Streets GO Bond. The appraised value of the property is $254,304.00. Said amount was offered to the above named parties and they rejected this offer but did not make a counter offer.

 

Cost:                                                                $254,304.00. plus cost of condemnation with final cost to be
                                    determined per ODOT Agreement

Prepared By:                                           Alex M. Mills, P.E., Director of Engineering and Construction

 

Reviewed By:                                          Finance Department
                                    Assistant City Manager - Operations
                                    Legal Department                       

Approved By:                      Michael L. Spurgeon, City Manager
                                   

Attachments:                                          Resolution of Necessity No. 1069
                                    Right-of-Way Agent’s Report
                                    Memorandum of Meeting with Abatement Services
                                    Warranty Deeds
                                    Location Map

Recommendation:

Approve Resolution No. 1069 and authorize its execution.