Broken Arrow City Council
Meeting of: 06-17-2019
Title:
title
Consideration, discussion, and possible approval of Resolution No. 1242, a Resolution authorizing the City Attorney to agree to Entry of Judgment in the case of City of Broken Arrow, Oklahoma v. Abatement Systems, Inc., Wagoner County District Court Case No. CV-18-4 and directing the City Attorney to prepare and file the necessary documents to effectuate settlement including a Journal Entry for the Courts approval and declaring the necessity to condemn property located in the NW/4 of the SW/4 of Section 7, T-18-N, R-15-E of Indian Meridian, Wagoner County, State of Oklahoma
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Background:
On January 2, 2018 the Broken Arrow City Council determined and declared the public necessity of taking, appropriating, condemning and acquiring the fee simple and permanent right of way of 197,787 square feet or 4.54 acres, more or less, from Abatement Systems, Inc. for the public purpose of constructing, operating and maintaining completion of 23rd Street, Kenosha to Houston, road widening project as authorized under authority of 11 O.S. ? 22-104. On January 9, 2018 the City filed suit against Abatement Systems to acquire this property, along with two buildings, located at 2400 E. College Street, Broken Arrow, Oklahoma for the 23rd Street, Kenosha to Houston roadway widening project. The Commissioners filed a report on March 9, 2018 valuing the take at $383,622.00. On April 30, 2018 the City then tendered the Commissioners award to the Court Clerk, taking title to the condemned property including two warehouse type structures. The City's retained appraiser, John Story II, submitted his real estate appraisal report on July 18, 2018 appraising the take at $400,000.00.
On September 24, 2018, Abatement Systems attorney, Lewis Carter, requested that the City reconsider negotiations related to a limited taking of Abatement Systems property. During pre-condemnation settlement negotiations, the City Right of Way Agent...
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