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EASEMENT E-2021-83: CONSIDERATION OF ACCEPTANCE OF A PERMANENT SIDEWALK EASEMENT FROM HISTORIC BERRY FARMS, L.L.C., FOR THE LINDSEY STREET IMPROVEMENT PROJECT.
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BACKGROUND: On August 28, 2012, the City of Norman voters approved a $42.5 million bond project that includes eight major transportation/storm water projects, including the Lindsey Street Improvement Project. City Council adopted Resolution R-1112-63 on November 22, 2011 programming Federal Program Urbanized Area (STP-UZA) funds for the Lindsey Street Improvement Project. Council, on December 18, 2012, approved Contract K-1213-126 with Leidos Engineering (formerly SAIC) for the design of the project. Council also approved the Right of Way, Public Utility, and Encroachment Agreement, Contract K-1415-86, with the Oklahoma Department of Transportation on January 3, 2015.
On April 28, 2015, City Council approved Resolution R-1415-104, which authorized the City Attorney to institute eminent domain actions against certain property owners in furtherance of the Lindsey Street Improvement Project. One such action was previously pursued against Historic Berry Farms, LLC. A report issued, the property owners reserved objections, but the City was permitted to proceed with the project, which has since been completed. The legal matter remained pending until the property owner approached regarding a final acquisition through private settlement that would result in a final resolution of the eminent domain action without a jury trial.
DISCUSSION: An Acquisition Agreement, brought as a companion to this item, provides for direct acquisition of the necessary parcel, and avoids the necessity of a jury trial. The agreement provides for the direction of certain payment to the property owners, as well as delivery of certain funds relating to the project to the City of Norman. The compensation to property owners includes payment for the necessary permanent easement acquisition, which is being brought to City Council for acceptance as a companion item, as well as damages to the remaining parcel.
The agreement has been under negotiation for a period of many years, and experienced delays, including time periods during which the parties worked amicably to resolve certain construction issues through mutual agreement and cooperation. The property owner is currently undergoing a sale of the property and wished to conclude the agreement prior to passing title to the property to its buyer. City Staff has evaluated the agreement and easement acquisition in light of the relevant project, and has determined that this resolution is equitable and a favorable conclusion for the City regarding its acquisition of this property.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Staff that the City Council accept the proposed Easement E-2021-83, and direct the filing thereof, along with approving its companion Contract K-2021-127.