File #: 17848    Version: 0 Name: easements for City of Independence (Little Blue Trace Park)
Type: Resolution Status: Passed
File created: 3/12/2012 In control: Land Use Committee
On agenda: 3/12/2012 Final action: 3/19/2012
Title: A RESOLUTION authorizing the County Executive to execute a permanent general utility easement in favor of the City of Independence and a temporary construction easement in favor of the R.W. Farmer Construction Company, across a portion of the Little Blue Trace Park, to extend a sewer line and close and remove an existing treatment plant.
Sponsors: Fred Arbanas
Indexes: LITTLE BLUE TRACE PARK, PERMANENT EASEMENT, SEWER LINE
Attachments: 1. 17848adopt.pdf, 2. 17848ESMT.pdf
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
 
 
Title
A RESOLUTION authorizing the County Executive to execute a permanent general utility easement in favor of the City of Independence and a temporary construction easement in favor of the R.W. Farmer Construction Company, across a portion of the Little Blue Trace Park, to extend a sewer line and close and remove an existing treatment plant.
 
Intro
RESOLUTION #17848, March 12, 2012
INTRODUCED BY Fred Arbanas, County Legislator
 
 
Body
WHEREAS, Independence Mobile Home Park was granted a permanent easement on Little Blue Trace Park property in 1974 to construct a sewer treatment plant for use by its mobile home park residents; and,
 
WHEREAS, the City of Independence has agreed to extend a new sewer line in the area which will eliminate the need for the treatment plant; and,
 
WHEREAS, Independence Mobile Home Park, through R.W. Farmer Construction Company, will close and remove the existing treatment plant as required by the Missouri Department of Natural Resources; and,
 
WHEREAS, this project will eliminate a source of sewage spills into the Little Blue River and Independence Mobile Home Park will release the original 1974 easements back to the County upon completion of the project; and,
 
 
 
WHEREAS, the Director of Parks and Recreation has recommended that the County execute the attached permanent general utility easement with the City of Independence for the construction, operation, and maintenance of the sewer extension, and the attached temporary construction easement with R.W. Farmer Construction Company for the closure and demolition of the treatment plant; and,
 
WHEREAS, the County's land transaction fee will be collected on the conveyance but the Director recommends that, in view of the proposed release of the 1974 easement, the easement fee be waived; and,
 
WHEREAS, the execution of the attached easements is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
 
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the attached Temporary Construction Easement and General Utility Easement are hereby approved and that the County Executive is hereby authorized to execute on behalf of the County the Agreements and any other documents necessary to give effect to this Resolution; and,
 
BE IT FURTHER RESOLVED that the Director of Parks and Recreation be and hereby is authorized to waive the county's per square foot easement fee on this transaction.
 
Enacted and Approved
Effective Date:  This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
 
APPROVED AS TO FORM:
 
 
______________________________              ________________________________
Chief Deputy County Counselor                   County Counselor
 
Certificate of Passage
 
I hereby certify that the attached resolution, Resolution #17848 of March 12, 2012, was duly passed on March 19, 2012 by the Jackson County Legislature.  The votes thereon were as follows:
 
 
Yeas ________8_________             Nays ______0________
 
Abstaining ______0_______            Absent ______0______   Excused_____1______
 
 
______________________                    _______________________________
Date                                          Mary Jo Spino, Clerk of Legislature