IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Executive to execute a quit-claim deed conveying an interest in a tract of land acquired by the City of Lee's Summit, MO in 1969 that was inadvertently included by a scrivener's error in a 1982 conveyance to Jackson County, Missouri.
Intro
RESOLUTION #17294, May 24, 2010
INTRODUCED BY Fred Arbanas, County Legislator
Body
WHEREAS, by Resolution 4388, dated October 19, 1981, the County did purchase a tract of land (the "Tract L-85") from Harry and Anna Finfrock for the use and benefit of the Jackson County Department of Parks & Recreation in the establishment of the boundaries of Little Blue Trace Park; and,
WHEREAS, the legal description used for the purposes of negotiation of the conveyance and authorization for acquisition for Tract L-85 did not include certain adjacent property that was in the ownership of the City of Lee's Summit, MO, a municipality within the State of Missouri; and,
WHEREAS, in preparation of the warranty deed to the County in 1981, Chicago Title Company inadvertently included a legal description that purported to convey more real estate than had been authorized for acquisition and previously described as Tract L-85 in all public documents; and,
WHEREAS, the inadvertently included portion (the "City's land") had already been conveyed to the City of Lee's Summit, MO, (the "City") in 1969 by the Chicago, Rock Island and Pacific Railroad by a warranty deed that was recorded as 1969I0039827; and,
WHEREAS, the City has requested that the County convey the clouded interest in the City's land in a quit-claim deed substantially in the form attached hereto as Quit Claim Deed that includes the legal description contained therein; and,
WHEREAS, upon research, the Department of Parks & Recreation has recommended that there is no harm to the County in complying with the City's request and authorizing the County Executive to convey the clouded interest in the City's land to the City by quit-claim deed; and,
WHEREAS, Article II, Section 25 of the Jackson County Charter provides that the Legislature may dispose of any real property owned by the county to the State of Missouri or any of its political subdivisions or municipalities; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Executive be and hereby is authorized to execute a quit-claim deed for the aforesaid City's land in favor of the City of Lee's Summit, MO, in a form to be approved by the County Counselor; and,
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
_______________________________ _______________________________
Deputy/Assistant County Counselor Acting County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #17294 of May 24, 2010, was duly passed on June 7, 2010 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ________7_________ Nays ______0_____
Abstaining _____0______ Absent ______2______
______________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature