Published in The Muskogee Phoenix March 3 & 10, 2017
State of Oklahoma, ex rel. Department of Transportation, Plaintiff,. Federal National Mortgage Association; and the Muskogee County Board of Commissioners, Defendants.
Case No. CJ-17-52 Judge Stout
You are hereby notified that the
Department of Transportation of the State of Oklahoma, acting under and by virtue of the laws of the State of Oklahoma, has filed legal proceedings in the above-named Court. In those proceedings, the State of Oklahoma, ex rel. Department of Transportation, is the Plaintiff. You are the Defendant(s). The Department of Transportation, acting under the laws of the State of Oklahoma, has determined to locate, maintain and/or upgrade a public State Highway, and or facilities incidental thereto, on the property described in Exhibit A attached hereto. Because the Plaintiff has been unable to acquire that property from you by private purchase, all previous negotiations and/or agreements made by the Department of Transportation prior to this date are considered void. A hearing will be held on the 3rd day of April, 2017, at the hour of 1:30 o’clock p.m. (or as soon thereafter as this matter may be heard) before Judge Stout of the District Court of Muskogee County, Oklahoma, in the Courthouse at Muskogee, Oklahoma. At this hearing, the Court will issue an Order appointing three (3) disinterested freeholders of that County to act as Commissioners. The Commissioners shall be ordered to inspect the property described in Exhibit A" and to determine the just compensation to which the Defendant(s) are entitled by reason of its appropriation. Said appropriation is to be in fee simple, unless specified otherwise in Exhibit "A" in which case the quality of title or interest to be acquired shall be as so stated, excluding mineral interests. The appropriation also includes the right to use and remove any and all road building materials from the fee, as well as from any easement described, for the aforementioned public State Transportation System purposes. The Commissioners shall further be ordered to return their Report to the Court Clerk. The Court Clerk will within ten (10) days forward Notice of filing with a copy of the Report to all parties. Within thirty (30) days after the filing of the Report of Commissioners, any party to this proceeding may file a written exception. Within sixty (60) days from the filing of said Report of Commissioners, any party to this proceeding may also file a written demand for a trial by jury of the issues involved. If neither party files exception to the Report of Commissioners nor demands a trial by jury within the time limitations set out above, the Report of Commissioners shall be approved and confirmed by the Court and the determination of just compensation shall be final and the case shall be closed. You may be present at the time set forth above for the appointment of the Commissioners, if you so desire. Should you have questions regarding these proceedings, you should seek the advice of legal counsel.
Respectfully submitted, JENNIFER TUPPS OBA# 22319 Attorney for Plaintiff 200 N.E. 21st Street Oklahoma City, OK 73105
(405) 521-2681
Attorney for the State of Oklahoma, ex rel. Department of Transportation
26287(05) Parcel 7 1/17/2017
A strip, piece or parcel of land lying in part of the S1/2 NW1/4, Section 5, Township 14 North, Range 16 East,. M., Muskogee County, Oklahoma. Said parcel of and being described by metes and bounds as follows: Beginning at the Northwest corner of said S1/2 NW1/4, thence N 88°52’23" E along the North line of said S1/2 NW1/4 a distance of 78.76 feet, thence S 03’56"02" E a distance of 417.92 feet, thence S 88°52‘23 W a distance of 99.14 feet to a point on the West line of said S1/2 NW1/4, thence N O1’ 08’20" along said West line a distance of 417.42 feet to the point of beginning. Containing 0.30 acres, more or less, of new right of way, the remaining area included in the above description being 0.55 acres of right-of-way occupied by present highway. All bearings contained in this description are based on the Oklahoma State Plane Coordinate System and are not astronomical bearings. NOTE!! EXISTING STANDARD FENCING IN THE TAKE AREA IS NOT TO BE CONSIDERED AS AN ITEM OF DAMAGE BECAUSE. NEW ODOT STANDARD REPLACEMENT FENCING WILL BE INSTALLED BY THE STATE DURING CONSTRUCTION AT NO COST TO THE LAND OWNER. SPECIALTY FENCING SHALL BE CONSIDERED AS AN ITEM OF DAMAGE TO BE PAID BY THE STATE.
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PostedMarch 10, 2017