Osage County, Oklahoma, Land Records: Osage City Relocation - Attorney's Report (Partial) Contributed for use in USGenWeb Archives by: US Army Corps of Engineers Keystone Area Office 23115 West Wekiwa Road Sand Springs, OK 74063-9312 Contact Person: Paul C. Roberts, Ranger (918-865-2621) Email: Paul.C.Roberts@swt03.usace.army.mil ----------------------------------------------------------------------------- USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ ------------------------------------------------------------------------------ Exhibit I Attorney's Investigation and Report Subject: Compensable Interest of the Town of Osage City, Oklahoma, In and To Its Municipal facilities Affected by the Keystone Dam and Reservoir Project, Oklahoma, Design Memorandum No. 53 I, Anthony G. Kaprelos, Attorney, employed in the Real Estate Division, U. S. Army Engineer District, Corps of Engineers, Tulsa, Oklahoma, do hereby certify: 1. That I am an Attorney-At-Law qualified to practice law in the State of Oklahoma. 2. That the facilities which are the subject of this design memorandum will be affected by the operation of the Keystone Dam and Reservoir as set forth more completely in the design memorandum. The continuance of the service afforded by these facilities is necessary for public convenience and welfare. There is therefore an obligation by the Government to relocate these facilities under authority of Public Law 516, 81st Congress, 2nd Session, approved May 17, 1950. Relocation is the alternate to cash payment for taking which would be otherwise required by the 5th Amendment to the Constitution of the United States requiring just compensation for the taking. This is set out in more detail in U. S. vs. Miller (317 U.S. 369, 63 S. Ct. 276, 87 L. Ed. 336). 3. That the Town of Osage City is a municipal corporation duly organized and existing under the laws of the State of Oklahoma, by virtue of the following: a. Survey and Dedication by owners, J. Leroy Sadler and Lottie Sadler, his wife, of the Original Townsite of Osage City, filed for record on 11 August 1909, in book 2 of Plats page 2 (now designated as Plat Book 2, Page 40), Osage County Records, Oklahoma, being a subdivision of the W1/2 of the SE1/4; the E1/2 and NW1/4 of SW1/4; the SW1/4 of the NW1/4 and that part of SW1/4 of SW1/4, lying East of the M.K.T. Ry. Co. Right-Of-Way, in Section 14, Township 21 North, Range 8 East. b. Incorporation of the Town of Osage City on 23 February 1911, pursuant to the provisions of Chapter 19 of Title 11 O.S. 1951. According to the Minute Book of the Board of Commissioners found in Commissioner Record Volume 1, Page 338, the majority of the legal residents voted on 20 February 1911 in favor of incorporating the town as Osage City, the election returns were approved and certified and the Board of County Commissioners ordered and declared the described territory to be an incorporated town under the laws of the State of Oklahoma of the name of Osage City, Oklahoma. 4. Examination of maps and field inspection disclosed that a portion of First Street cuts diagonally across Blocks 5 and 7 of the Town. Said section of the street was opened and improved in 1935 by use of W.P.A. funds. The town is vested with property rights therein as follows: a. Lots 14 and 15, Block 5 of the Original Townsite were conveyed to the town by Warranty Deed from William Sims and Sara Sims, his wife, dated 20 April 1935, filed for record on 22 April 1935 in Book 77, Page 52, Deed records of Osage County. b. The following portions of Lots 22, 23, 24 of Block 7 of Original Townsite were conveyed to the Town of Warranty Deed, dated 28 February 1935, by Dr. M. N. Carmichael and Bella, his wife, filed for record on 8 March 1935, in Deed Book 75, Page 611, Deed Records of Osage County: Beginning at the SW corner of said Lot 24; thence East along the South boundaries of said lots for a distance of 55 feet to a point on the south boundary of Lot 22, 5 feet East of the SW corner of said Lot 22; thence North 17 degrees 49 Minutes West for a distance of 147.5 feet to a point on the North boundary of said Lot 24 for a distance of 10 feet to the NW corner of said Lot 24; thence South along the West boundary of said Lot 24 for a distance of 140 feet to the point of beginning. c. The remaining portions of First Street cutting across Block 5 and 7 have been maintained, operated and used continuously, openly and notoriously by the Town and its citizens hostile and adversely to any landowner's title and interest in the same, for a period of more than 15 years. See Affidavit of Adverse Use covering same attached hereto as Exhibits "A" and "B". [Pages 3 and 4 have been omitted here. They primarily contain justifications for doing what needed to be done to facilitate building Keystone Lake. For complete record, contact information is provided at the top of this document.] Under Title 12 O.S. 1951, Section 93 (subsection 4) it has been held that any adverse use ripens into title by prescription and the right of ejectment is barred after fifteen years. See also Houseman vs. Rauch, 159 Okla. 296, 15 P2d 60. 7. Title 11 O.S. 1951, Section 659 which requires compliance with certain procedures to "annul, vacate or discontinue any street, alley or lane whenever deemed necessary and expedient" is not applicable to incorporated towns. In Choteau v. Blankenship, 194 Okla 401, 152 P2d 379, the Supreme Court stated on Page 383, as follows: "Where the statutes prescribed the procedure to be followed in vacating a highway, street or alley, the statutory method is exclusive and must be substantially complied with. (Authorities cited). But where as in the case of the vacation of streets or alleys in incorporated towns by the board of trustees under authority of 11 O.S. 1941, Sec 1004 (8) above, the statute is silent as to how the action shall be taken, the law is not clear. It is undoubtedly true that vacation of streets and alleys may be effected under such a statute by an ordinance or resolution duly adopted by the town board of trustees. But that method is not exclusive." 8. As to the compensable interest of the subject town in its water line and gas line facilities which will be affected by the Reservoir, it has been determined by field examination that such utilities are located within dedicated streets and alleys shown on the plat of the original Townsite with the following exceptions: a. Segments of water line system located diagonally across Block 39, 40 and 43 used adversely for a period in excess of 15 years as certified by Exhibits A and B, attached hereto. b. Segments of gas line system located diagonally across Block 27 used adversely for a period on excess of 15 years as certified to by Exhibit A and B, attached hereto. 9. As to the compensable interest of the subject town in and to the municipal jailhouse investigation disclosed that this stone structure was erected by the town in 1910 and is located at the end of Osage Street on Railroad Avenue, also dedicated by the Plat of the Original Townsite as a public street. Source: Keystone Dam and Reservoir Arkansas River, Oklahoma Design Memorandum No. 53 Relocation of Municipal Facilities Osage, Oklahoma U. S. Army Engineer District, Tulsa Corps of Engineers Tulsa, Oklahoma June 1960