IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION correcting the legal description of a transfer of Hill Park previously authorized by Resolution 15187, dated October 12, 2004, for the purpose of transferring Hill Park to the City of Independence, Missouri, and authorizing the County Executive to execute conveyance instruments
Intro
RESOLUTION # 15429, March 21, 2005
INTRODUCED BY Fred Arbanas and Dennis Waits, County Legislators
Body
WHEREAS, the Legislature did, by Resolution 15187, dated October 12, 2004, authorize the County Executive to execute conveyance instruments transferring Hill Park, a neighborhood park located at or near 23rd and Maywood, in Independence, Missouri, to the City of Independence, Missouri, in a form approved by the County Counselor; and,
WHEREAS, article II, § 16.25 of the Jackson County Charter authorizes the Legislature to transfer county property to municipalities of the State of Missouri upon terms it deems advantageous to the County and the proposed conveyance remains in the best interests of the citizens of Jackson County; and,
WHEREAS, upon joint review of the legal counsel for the City of Independence and the County, it has been determined that a sectional portion of the legal description constituting the area of record of Hill Park was omitted by clerical error in Resolution 15187, dated October 12, 2004; and,
WHEREAS, the County Counselor recommends that the Legislature authorize the correction of the legal description used in Resolution 15187 to accomplish the complete transfer of Hill Park to the City of Independence; and,
WHEREAS, the following legal description, agreed to by the City of Independence, is recommended for use in the conveyance instrument:
The West 12.15 acres of the south 29.51 acres of the southeast quarter of the northwest quarter of Section 9, Township 49, Range 32, in Independence, Jackson County, Missouri (Hill Park), except that part in street right of way, and Lots 1-30 and Lots 32-39 of GLENWOOD PARK, a subdivision of record in the City of Independence, Missouri (Hill Park), with an address of 2001 Hardy Avenue, Independence, Missouri
and,
WHEREAS, this constitutes the entirety of the interest conveyed to Jackson County of record by Document Nos. 237266, Book 513 at Page 217 (1927) and 304989, Book 574 at Page 74 (1932); and,
WHEREAS, the City of Independence, Missouri has accepted the transfer of Hill Park by Ordinance No. 15908, dated December 6, 2004; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Executive be and hereby is authorized to execute an appropriate conveyance instrument transferring Hill Park, using the corrected legal description stated herein, to the City of Independence, Missouri, in a form to be approved by the County Counselor.
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 Chief Deputy County Counselor County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 15429 of March 21, 2005, was duly passed on ________March 21__________________, 2005 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