File #: 15915    Version: 0 Name: Condemnation to certain tracts of land for the 85th Street and Troost Avenue Project, No. 2407
Type: Resolution Status: Passed
File created: 6/1/2006 In control: Public Works Committee
On agenda: 6/5/2006 Final action: 6/12/2006
Title: A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings as to certain tracts of land required for the 85th Street and Troost Avenue Project, No. 2407.
Sponsors: Bob Spence
Indexes: CONDEMNATION PROCEEDINGS, ROAD & BRIDGE MAINTENANCE

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings as to certain tracts of land required for the 85th Street and Troost Avenue Project, No. 2407.

 

 

Intro

RESOLUTION  # 15915, June 5, 2006

 

 

INTRODUCED BY Bob Spence, County Legislator

 

 

 

Body

WHEREAS, the Constitutional Home Rule Charter of Jackson County, article II, sections 21, 23, and 26, authorize the County to acquire private property for public road purposes by the exercise of the power of eminent domain; and,

 

WHEREAS, the 85th Street and Troost Avenue Project, No. 2407, is such a public road improvement, use, and purpose; and,

 

 

WHEREAS, the Department of Public Works has heretofore conducted negotiations for the purchase of certain tracts of land for inclusion in the 85th Street and Troost Avenue Project, No. 2407; and,

 

WHEREAS, such properties were appraised and a value placed thereon which would fairly and reasonably compensate the owners thereof; and,

 

WHEREAS, 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

                     85-03                                                                                                                              Brian P. Ritter Professional

                     48-210-06-25-00-0-00-000                       Gardening Inc.        

                                                                                                                                                   812 E. 85th Street

                                                                                                                                                   Kansas City, MO

 

                     85-14                                                                                                                              Saffran Trust & Cohen Trust

                     48-210-08-15-00-0-00-000                                          8328 Troost Avenue

Kansas City, MO

 

and,

 

WHEREAS, pending the acquisition of this land by condemnation, the Director of Public Works or his designee may continue to negotiate for and purchase these properties out of funds appropriated or to be appropriated for that purpose; now therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the  Legislature finds that the County has endeavored to agree with the owners of the aforesaid described properties upon proper compensation to be paid for such properties and rights sought to be purchased, but cannot so agree, and that public necessity requires the above- described tracts of land be acquired by the exercise of the power of eminent domain as provided by law and the Jackson County Charter, for the public purpose and use of the County, and it is to the public interest that same be so acquired; and,

 

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

 

 

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 # 15915 of June 5, 2006,  was duly passed on _________June 12_____________, 2006 by the Jackson County Legislature. 

The votes thereon were as follows:

 

 

                     Yeas _______8__________          Nays _____0_______

 

                     Abstaining ______0_______       Absent _____1_______

 

 

 

______________________                       _____________________________________

Date                                                                                                                               Mary Jo Spino, Clerk of Legislature