File #: 15558    Version: 0 Name: Condemnation proceedings - Colbern Road
Type: Resolution Status: Passed
File created: 7/19/2005 In control: Public Works Committee
On agenda: 7/19/2005 Final action: 7/25/2005
Title: A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings on certain tracts of land required for the purpose of widening Colbern Road known as Phase III, Project No. 2455.
Sponsors: Bob Spence, Dan Tarwater III
Indexes: CONDEMNATION PROCEEDINGS

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

 

Title

A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings on certain tracts of land required for the purpose of widening  Colbern Road known as Phase III, Project No. 2455.

 

 

 

Intro

RESOLUTION #15558,  July 19, 2005

 

 

INTRODUCED BY Bob Spence and Dan Tarwater, County Legislators

 

 

 

 

Body

WHEREAS, the construction on Colbern Road and other associated improvements and amenities on the property described hereinafter is provided for, authorized and recognized to be a public improvement and public use; and,

 

 

WHEREAS, the Department of Public Works advises the Legislature that it has, heretofore, conducted negotiations for the purchase of certain tracts of land for inclusion in the Colbern Road Project, No. 2455; that such properties were appraised and a value placed thereon which would fairly and reasonably compensate the owners thereof; that after such negotiations with the owners thereof, the Department of Public Works was unable to agree with the owners as to a fair and adequate compensation to be paid; and,

 

 

WHEREAS,  the owners and general description of the tracts are as follows:

 

                     Tract Number and Tax Parcel No.                                                               Owners

CR3-13                                                                                                         Doug & Kathy Walkenhorst

53-500-04-21-00-0-00-000                                          1104 NE Birchwood Drive

                                                                                                                                                                          Lee's Summit, MO 64086

 

                                          

and,

 

WHEREAS, pending the acquisition of these lands by condemnation, the Director of Public Works or his designee is authorized to continue to negotiate for and purchase as much of this property out of funds appropriated or to be appropriated for that purpose; and,

 

WHEREAS, upon consideration of the premises, the County Legislature of Jackson County, Missouri, at a regular meeting with a quorum of the Legislature being present, FINDS that Jackson County, Missouri, has endeavored to agree with the owners of the aforesaid described property upon proper compensation to be paid for such property and rights sought to be purchased, but cannot so agree, and that public necessity requires the above described tracts of land to be acquired by the exercise of the power of eminent domain as provided by law and by the Jackson County Charter, for the purpose and use of Jackson County, Missouri, for public purposes, and it is to the public interest that same be so acquired; therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Office of County Counselor is authorized and directed to institute appropriate condemnation proceedings as may be necessary for the acquisition of such land by the exercise of the power of eminent domain and that the County Counselor is also authorized to withdraw said properties as are acquired by negotiation and purchase from condemnation proceedings.

 

 

Enacted and Approved

Effective Date:  This Resolution shall be effective immediately upon its passage by a majority of the Legislature.

 

 

APPROVED AS TO FORM:

 

 

______________________________                       ___________________________________

Acting Deputy County Counselor                                                               County Counselor

 

Certificate of Passage

 

                     I hereby certify that the attached resolution, Resolution # 15558 of July 19, 2005,  was duly passed on _______July 25_______________, 2005 by the Jackson County Legislature. 

The votes thereon were as follows:

 

 

                     Yeas _______9__________          Nays _____0_______

 

                     Abstaining ______0_______       Absent _____0_______

 

 

 

______________________                       _____________________________________

Date                                                                                                                               Mary Jo Spino, Clerk of Legislature