IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the claim against ARO Real Estate, LLC, arising out of its encroachment on County park property in the Little Blue Trace Park.
Intro
RESOLUTION # 15997, August 14, 2006
INTRODUCED BY Henry C. Rizzo, County Legislator
Body
WHEREAS, the County has made claim against ARO Real Estate, LLC, for its encroachment upon the County's Little Blue Trace Park in the development of its adjacent residential subdivision, near where I-470 crosses the Little Blue River; and,
WHEREAS, the encroachment on County involves the cutting down and removal of trees and shrubs from the park; and,
WHEREAS, the County and ARO have engaged in discussions with the goal of resolving the County's claim against ARO for the encroachment; and,
WHEREAS, these parties have reached a tentative settlement of this claim, which requires the payment by ARO of the sum of $11,500.00 to the County, representing the Parks and Recreation Department's estimate of the value/replacement cost of the trees and shrubs destroyed; and,
WHEREAS, the County Counselor recommends this settlement; and,
WHEREAS, the proposed settlement 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 settlement of the County's claim against ARO Real Estate, LLC, is hereby approved, in a manner consistent with this Resolution; and,
BE IT FURTHER RESOLVED that the County Counselor and all other County officials be and hereby are authorized to execute any and all documents necessary to give effect to this settlement.
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 #15997 of August 14, 2006, was duly passed on ___________August 14__________________, 2006 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______8__________ Nays _____0________
Abstaining ______1_______ Absent ____0________
______________________ _____________________________________
Date Mary Jo Spino, Clerk of Legislature