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Date: 02-27-2014

Case Style: The City of Oklahoma City v. OK-CA Investments Corp.

Case Number: CJ-2013-3161

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Amanda Brown Carpenter and Susan Randall

Defendant's Attorney: James P. Kelly

Description: PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized Charter.

2. That the Plaintiff is authorized, by the laws of the State of Oklahoma and its Charter to take, appropriate and condemn private property for public purposes whenever such action may become necessary for public convenience and use.

3. That on April 23, 2013, the City Council of The City of Oklahoma City, legally detennined and declared that public necessity required the taking, appropriating, acquiring and condemning of fee simple title, less and except oil, gas and other related minerals, and to certain real property located in Oklahoma County, Oklahoma, to wit:

Lots 15 and 16 in Block 15, Walnut Grove Addition, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. Said property hereinafter referred to as ‘Subject Property.”

4. That the City Council of The City of Oklahoma City approved and adopted a Resolution on said date declaring and determining the necessity of taking, appropriating, acquiring and condemning fee simple title to the Subject Property for the MAPS 3 Oklahoma River Whitewater Facility purposes and uses incidental thereto. A copy of said Resolution is attached hereto as Exhibit ‘A’ and is incorporated herein by reference.

5. That the Defendant, OK-CA Investments Corp, a domestic for profit business corporation, owns or claims some right, title or interest in and to the Subject Pr perty.

6. That Okiahoma County may have some claim for taxes, or otherwise, in and to the Subject Property and therefore, the Board of County Commissioners of Oklahoma County and Forrest “Butch” Freeman, County Treasurer of Oklahoma County, are made parties hereto.

7. That prior to the commencement of this action to condemn a fee simple title to the Subject Property under the right of eminent domain, the lNaintiff has, in g ‘od faith, offered to purchase and acquire said property from the Defendant, OK-CA Investments Corp., a domestic for profit business corporation, who is the record owner of the Subjet:t Property or has some interest therein, for fair, reasonable and just compensation, but said Defendant has refused to accept the consideration offered and has refused to grant, sell or convey the fee simple title and temporary easement required by the Plaintiff,

8. That, by reason of the foregoing, it has become necessary, in order to acquire the necessary fee simple title to the Subject Property, and to justly compensai e the Defendant therefore, to institute this proceeding in condemnation.

WHEREFORE, the Plaintiff, The City of Oklahoma City, herein prays for an Order of this Court, summoning and appointing three disinterested freeholders of Oklahoma County, Oklahoma, as Commissioners to inspect the Subject Property, and to consider the damage, if any, which the Defendant will sustain by reason of the taking, appropriating and acquiring fee simple title to the Subject Property for the purposes of the MAPS 3 Oklahoma River Whitewater Facility purposes and uses incidental thereto, and that, upon payment of such damages as may be awarded herein, that fee simple title to the Subject Property be vested in the Plaintiff, and that the Plaintiff thereupon be authorized to enter into possessh n of the Subject Property for the public purposes set forth herein.

ORDER APPOINTING COMMISSIONERS

On this 12th day of July, 2013, this cause coming on to be heard upon the Petition and Application of the Plaintiff for an Order Appointing Commissioners in said cause, and it appearing to the Court that the Plaintiff is a municipal corporation, organized and existing under the laws of the State of Oklahoma, has the power to exercise the right of eminent domain to acquire real property for the public purposes stated in the Petition filed herein and that the Plaintiff requires for said public purposes as stated in the Petition filed herein the following described real property located in Oklahoma County, State of Oklahoma, to wit:

Lots 15 and 16 in Block 15, Walnut Grove Addition, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof. (hereinafter “Subject Property”)

That the Plaintiff has been unable to acquire said property by private purchase, upon good faith offer duly made; and that Commissioners should be appointed in accordance with Plaintiffs Petition and Application, as provided by the laws of the State of Oklahoma; and that due notice has been given.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT

Richard Riley

Jamie Meyer

William G. Comstock

disinterested free holders in Oklahoma County, State of Oklahoma, be and they are hereby appointed Commissioners to inspect said Subject Property hereinbefore described and consider the injury which the Defendant, as the owner of said property, will sustain by reason of the appropriation of the above described property for said public purposes as stated in the Petition filed herein, and fix the award to the owner of the above described property at the fair market value thereof, including all damages to said owner occasioned, or to be occasioned by said appropriation. Said Commissioners are empowered, authorized and directed to forthwith take the oath prescribed by law and to forthwith inspect said property and make their report and award, as provided by law.

IT IS FURTHER ORDERED that the Sheriff of said county be and he is hereby directed forthwith to serve a copy of this order upon each of the said Commissioners as aforesaid.

REPORT OF COMMISSIONERS

COMES NOW, the undersigned Commissioners heretofore appointed by the Court to inspect the real property hereinafter described and consider the injury which the Defendant, as the owner of said property, may sustain by reason of the appropriation of said property for the public purposes(s) stated in the Petition and Application filed herein, and respectfiilly submit the following report:

We, the undersigned Commissioners, are disinterested freeholders of Oklahoma County, State of Oklahoma, t interested in this and any like question, and we, and each of us, did on the 12th day of August, 2013, appear before the Court Clerk of Oklahoma County and took the Oath as required by law in the above-styled and numbered cause, and thereupon proceeded to personally inspect the following described real property, to-wit:

Lots 15 and 16 in Block 15, Walnut Grove Addition, to Oklahoma City,

Oklahoma County, Oklahoma, according to the recorded plat thereof.

Said property hereinafter referred to as ‘Subject Property;” plus, all right, title and interest

and to all land, fixtures and appurtenances within the boundaries of the Subject Property, less and accept oil, gas and related minerals.

We further report that giving consideration to the value of said property so taken, including, if any, the value of any and all improvements thereon, together with the damage to that portion, if any, of the Defendant’s property not taken; and we hereby assess the damage to the owner, lessee or anyone claiming or havingjny right, title or interest in said property as follows;

Damages Assessed. $85,000.00.

Outcome: JOURNAL ENTRY OF JUDGMENT CONFIRMING AND SETTLING CONDEMNATION CASE

NOW, on this date, this matter comes on for hearing at the request of the parties for a final settlement of the proceedings in this condemnation case.

The Plaintiff appearing by its attorneys, Susan D. Randall and Amanda B. Carpenter, Assistant Municipal Counselors; and Defendant/Condemnee, appearing by its attorney, James P. Kelley, of Kelley Law Firm, whereupon the parties announce to the Court that they have reached a full and complete agreed settlement herein.

The Court, having reviewed the file, and otherwise being duly advised in the premise, FINDS as follows:

1. The City filed this action to acquire fee simple title, less and except oil, gas and other related minerals in, and to certain real property located in Oklahoma County, Oklahoma, to wit:

Lots 15 and 16 in Block 15, Walnut Grove Addition, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof.

Said property hereinafter referred to as “Subject Property.”

2. The Defendant/Condemnee, OK-CA Investments Corp, a domestic for profit business corporation, is the record owner of the Subject Property and proper service was obtained on all parties and the Court has jurisdiction.

3. The Commissioners were duly appointed on July 16, 2013, executed their oaths of office on August 12, 2013, and filed their “Report of Commissioners” on August 20, 2013, fixing damages in the amount of $85,000.00.

4. The “Report of Commissioners” was also filed with the Oklahoma County Clerk’s office on August 21,2013, at Book RE12336, Pages 881-882.

5. The City deposited the Commissioners Award on September 11, 2013, and took title and possession of the Subject Property on said date.

6. The Defendant/Condemnee filed a “Demand for Jury Trial” on October 2, 2013.

7. The Defendant/Condemnee has withdrawn the award amount shown in the Report of Commissioners ($85,000.00).

8. That on February 25, 2014, the City Council, approved a Resolution authorizing the Municipal Counselor’s office to enter into an agreed settlement in this case for the additional sum of Ten Thousand Dollars ($10,000.00) as a full and complete settlement of just compensation, all fees, costs and attorney fees. Said Resolution is attached hereto as Exhibit

9. That pursuant to this agreed settlement, the Defendant/Condemnee hereby withdraws its “Demand for Jury Trial” as evidenced by its representative’s signature to this Journal Entry.

10. That the additional sum of Ten Thousand Dollars ($10,000.00) shall be awarded as a judgment against the Plaintiff, The City of Oklahoma City, and in favor of the Defendant/Condemnee, OK-CA Investments Corp., a domestic for profit business corporation.

IT IS ORDERED, ADJUDGED AND DECREED THAT:

1. These proceedings are hereby confirmed with the Plaintiff’s possession and title to the fee simple title, granted as of September 11, 2013, to the Subject Property described as follows:

Lots 15 and 16 in Block 15, Walnut Grove Addition, to Oklahoma City, Oklahoma County, Oklahoma, according to the recorded plat thereof.

2. The Defendant/Condemnee has withdrawn its “Demand for Jury Trial,” and no other proceedings are required by law.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Defendant/ Condemnee OK-CA Investments Corp., is hereby granted judgment against the Plaintiff, The City of Oklahoma City, in the amount of Ten Thousand Dollars ($10,000.00), with an interest rate of 5.25% to start upon this named below date and thereafter paid as provided by statute.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court Clerk of the District Court of Oklahoma County shall not take a poundage fee from any of the monies deposited by the Plaintiff for payment of the judgment in favor of the Defendant/Condemnee in that such poundage fees are not authorized to be taken from monies paid by the sinking fund of the Plaintiff pursuant to Title 62 O.S. 2001 § 365.5.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Plaintiff be and is hereby ORDERED to pay all other Court costs in this eminent domain case.

Plaintiff's Experts:

Defendant's Experts:

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