Oklahoma Turnpike Authority v OSCO I40, LLC, No. CV-2026-167

No. 649-July 30-3 Times

IN THE DISTRICT COURT

OF McCLAIN COUNTY

STATE OF OKLAHOMA

Oklahoma Turnpike Authority,

Plaintiff,

v.

OSCO I40, LLC; Whistler Sign Company, LLC; McClain County Treasurer; McClain County Board of County Commissioners,

Defendants.

Case No. CV-2026-167

NOTICE TO DEFENDANTS

OF CONDMENATION

PROCEEDING AND HEARING TO APPOINT COMMISSIONERS

THE STATE OF OKLAHOMA,

TO THE ABOVE-NAMED DEFENDANTS:

You are hereby notified that the Oklahoma Turnpike Authority, 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 Oklahoma Turnpike Authority, is the Plaintiff.  You are the Defendants.

The Oklahoma Turnpike Authority, acting under the laws of the state of Oklahoma, has determined to locate, maintain and/or upgrade the Oklahoma turnpike system, 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 Oklahoma Turnpike Authority prior to this date will be considered void, but will be reconsidered during the course of these legal proceedings.  A hearing will be held on the 27th  day of August, 2026, at the hour of 9:45 o’clock a .m. (or as soon thereafter as this matter may be heard) before Judge Gray of the District Court of McClain County, Oklahoma, Room   2   in the Courthouse at 121 N. 2nd Street, Suite 231, Purcell, Oklahoma 73080.

At this hearing, the Court will issue an Order appointing three 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 Defendants 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 so stated, excluding mineral interests, but including light, airspace, access and view.  The appropriation also includes the right to use and remove any and all roadbuilding materials from the fee, as well as from any easement described, for the aforementioned Oklahoma Turnpike Authority 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 filed 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.

MONAGHAN•WARRICK•KING

/s/   W. Brant Warrick              

1. Brant Warrick,

OBA #30967

Hunter McCullough,

OBA #34719

Katherine A. Cale,

OBA #36064

4111 South Darlington,

Suite 900

Tulsa, Oklahoma  74135

(918) 627-6202

Fax (918) 627-6265

bwarrick@mwkoklaw.com

hmccullough@mwkoklaw.com

kcale@mwkoklaw.com

ATTORNEYS FOR PLAINTIFF

Project: EWC-28801A

Parcel No.: 007

County: McClain

Parcel Type: Perm R/W

Revised: 02/19/2026

Exhibit “A”

A strip, piece or parcel of land lying in part of the West half of Section 35, T10N, R4W, in McClain County, Oklahoma, said tract being more particularly described as follows:

Commencing at the SW corner of the NW/4; Thence N 89°59’24” E a distance of 357.08 feet to a point on the East Right-of-way line of the H. E. Bailey Turnpike/Highway 62 service road said point also being the Point of Beginning; Thence N 00°12’26” W along said East Right-of-Way a distance of 271.10 feet; Thence S 89°55’07” E a distance of 252.47 feet; Thence S 06°16’26” W a distance of 454.08 feet; Thence S 08°16’47” W a distance of 493.57 feet; Thence S 03°39’10” E a distance of 345.19 feet; Thence S 15°10’22” E a distance of 315.57 feet; Thence S 89°49’23” W a distance of 164.87 feet to a point on said East Right-of-Way said point also being the beginning of a curve to the right; Thence along said East Right-of-Way and northwesterly along said curve to the right having a radius of 1,394.39 feet with a central angle of 00°21’22” and a tangent of 4.33 feet and a chord bearing of N 17°41’33” W for an arc distance of 8.67 feet to the beginning of a compound curve; Thence along said East Right-of-Way and northwesterly along said compound curve to the right having a radius of 1,394.39 feet with a central angle of 17°28’05” and a tangent of 214.22 feet and a chord bearing of N 08°46’50” W for an arc distance of 425.11 feet to the point of tangency said point also being along the H.E. Bailey Turnpike/Highway 62 Service road East Right-of-way; Thence N 00°12’26” W along said East Right-of-Way a distance of 891.86 feet to the Point of Beginning.

Containing 6.26 acres, more or less of new right-of-way, the remaining area included in the above description being right-of-way occupied by the Section line.

All bearings contained in this description are based on the Oklahoma State Plane Coordinate System and are not astronomical bearings.