Broken Arrow City Council
Meeting of: 08-20-2019
Title:
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Consideration, discussion, and possible approval and authorization to execute Resolution No. 1251, a Resolution authorizing the City Attorney to seek issuance by the Court a Journal Entry of Judgment in the case of City of Broken Arrow, Oklahoma v. CWP, Inc., Wagoner County District Court Case No. CV-18-114, regarding the condemnation of property located on Government Lot 2, Section 7, T-18-N, R-15-E of Indian Meridian, Wagoner County, State of Oklahoma
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Background:
On November 20, 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 95,532 square feet or 2.1 acres, more or less, from CWP, Inc. ("CWP") for the public purpose of completion of the 23rd Street, Kenosha to Houston, road widening project, as authorized under authority of 11 O.S. ? 22-104. On December 7, 2018, the City filed suit against CWP to acquire this property, along with a building used as a bar named Scooters South 40. The Commissioners filed a report on January 31, 2019, valuing the take at $178,000.00. On February 25, 2019, the City tendered the commissioners' award to the Court Clerk, taking title to the condemned property including the building used as a bar.
Prior to the City filing the court action, Carl White, President of CWP, Inc., provided an agent of the City with a copy of a lease agreement between CWP and the Lamar Companies ("Lamar") which purported to lease a portion of the subject property to Lamar "for the construction, repair and relocation of an outdoor advertising sign." The lease agreement, dated January 1, 2009, expired January 1, 2019. A sign was installed by Lamar and rent payments were made to CWP. Thus, because it appeared Lamar might have a property interest in the subject property, Lamar was listed as a defendant in the condemnation action. However, very early in the ac...
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