IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the acceptance of a temporary construction easement for construction project tract CR2-21 from J. Henry and Patti Tiemann, owners of record, for the widening of Colbern Road and authorizing payment for said easement in an amount not to exceed $5,660.00.
Intro
RESOLUTION #15354, January 18, 2005
INTRODUCED BY Dan Tarwater and Fred Arbanas, County Legislators
Body
WHEREAS, Jackson County, Missouri has approved a construction program for road improvements referenced as Colbern Road Phase 2, Project Number 2411; and,
WHEREAS, the Director of Public Works has recommended the acceptance of a temporary construction easement from J. Henry and Patti Tiemann, the owners of record, for project tract CR2-21; and,
WHEREAS, the price negotiated under approved Department of Public Works procedures for the temporary construction easement for tract CR2-21 is $5,660.00, and the Director of Public Works recommends that $5,660.00 be paid to J. Henry and Patti Tiemann; and,
WHEREAS, a copy of the conveyance instrument executed by J. Henry and Patti Tiemann, the owners of record, is attached hereto as Exhibit A, and incorporated herein; and,
WHEREAS, the real property to be acquired for the temporary construction easement on Colbern Road and Cyclone School Road being part of Lot 8, Colbern & Cyclone School Road, Estates, a subdivision in Jackson County, Missouri is legally described as follows:
Description:
A tract of land located in the Northeast Quarter of Section 26, Township 48 North of the Base Line, Range 31 West of the 5th Principal Meridian, Lee's Summit, Jackson County, Missouri, beginning at the SW corner of said Lot 8; thence North, along the West line of said Lot, 194.20 feet to the NW corner of said Lot; thence East, along the existing house on said Lot, said point being 80.00 feet south of the North line of said Lot and 93 feet, more or less, East of the West line of said Lot; thence South, along the West face of said house and its southerly prolongation, to a point 55.00 feet north of the South line of said Lot; thence Southeastern to a point 20.00 feet north of the South line of said Lot and 125.00 feet West of the East line of said Lot; thence East, parallel with and 20.00 feet north of the South line of said Lot, 125.00 feet to the East line of said Lot; thence South, along said East line, 20.00 feet to the SE corner of said Lot; thence west, along the South line of said Lot, 293.98 feet to the Point of Beginning.
BE IT RESOLVED, that based on the recommendation of the Director of Public Works, the temporary construction easement conveyed by J. Henry and Patti Tiemann, owners of record, for tract CR2-21 as described herein should be and hereby is accepted; and,
BE IT FURTHER RESOLVED, that based on fair market value of such real property, as determined by Jackson County procedures, the Manager of Finance is authorized to issue payment to J. Henry and Patti Tiemann in an amount requested by the Director of Public Works, not to exceed $5,660.00 from available project monies.
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 #15354 of January 18, 2005, was duly passed on ____________January 24_______________, 2005 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
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
ACCOUNT NUMBER: 004 1502 8060
ACCOUNT TITLE: Special Road & Bridge Fund
Engineering
Other Improvements
NOT TO EXCEED: $5,660.00
________________________ __________________________________
Date Director of the Department of Finance