Land Use Committee
Amendment
June 21, 2004
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Executive to execute a Revised Cooperation and Use Agreement with Reorganized School District No. IV of Jackson County (Blue Springs), regarding property in Fleming Park.
Intro
RESOLUTION #15051, June 14, 2004
INTRODUCED BY Rhonda L. Shoemaker, County Legislator
Body
WHEREAS, by Resolution 7968, dated July 31, 1989, the County did convey by warranty deed to Reorganized School District No. IV (Blue Springs) a certain nine-acre tract of land in Fleming Park, adjacent to Liggett Road, subject to the restrictions contained in a contemporaneously executed Cooperation and Use Agreement between the County and the School District; and,
WHEREAS, under the terms of this Cooperation and Use Agreement, the School District was to construct a public school and/or related facilities on the property, with the County having the right to use any gymnasium, multipurpose room, and soccer fields that might be developed on the property for County recreation programs; and,
WHEREAS, the Agreement provided that, if the District did not begin construction of the proposed school on the property within ten years of the date of the Agreement's execution, by August 29, 1999, then the property would revert back to the County; and,
WHEREAS, by Resolution 12574, dated March 8, 1999, the County approved a one-year extension of this date to August 29, 2000; and,
WHEREAS, by Resolution 13331, dated August 28, 2000, the Legislature did approve a second extension of this date to August 29, 2003; and,
WHEREAS, this date passed without the commencement of construction on the property; and,
WHEREAS, due to population changes within the District, the site on Liggett Road is no longer adequate for the District's purposes; and,
WHEREAS, over the past several months, District and County personnel have identified a 25-acre tract, near the original tract, that the parties now wish to jointly develop; and,
WHEREAS, development of the new tract would entail the relocation of the County's archery range, at the District's cost; and,
WHEREAS, the District and County propose to enter into a Revised Cooperation and Use Agreement regarding this new tract, which would feature the following provisions:
- The District will pay the County for the conveyance of the land, including the removal of the archery range, the sum of $220,000.00 (the archery range removal cost is based on the current County estimate); the District agrees to pay this money concurrent with the execution of all real estate transfer closing paperwork;
- The District will work with the Parks & Recreation Department to develop an outdoor recreation area, including a hiking trail, accessible to severely disabled individuals; the County would have access to the trail during weekdays upon request and availability; the trail would be open for public use every weekend;
- The District will consult an architectural firm that will design its new facilities in a manner which environmentally fits the park setting; the District is committed to utilizing its land and resources in a way that respects the environment and habitat; because public lands are vital to the future of the community, the District pledges to consult with a LEED architect professional and target a number of the gold level standards in the construction of these facilities; the same will be done for the outdoor trail giving every consideration to its accessibility and with minimal impact on the environment; and
- The County will, from time to time, be allowed to use the common areas and/or other facilities for special needs residents, subject to their availability and specific agreement as to security and custodial care; and,
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- WHEREAS, it is in the best interest of the health, welfare, and safety of the citizens of Jackson County that a Revised Cooperation and Use Agreement, along the lines proposed, be executed; now therefore,
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- BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Executive be and hereby is authorized to execute a Revised Cooperation and Use Agreement with Reorganized School District No. IV of Jackson County (Blue Springs) and any and all associated conveyance instruments and other documents, as set out in this Resolution, in a form substantially similar to that attached to be approved by the County Counselor.
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- Enacted and Approved
- Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
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- APPROVED AS TO FORM:
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- _________________________ ________________________________
- Acting County Counselor Deputy County Counselor
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- Certificate of Passage
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- I hereby certify that the attached resolution, Resolution #15051 of June 14, 2004 was duly passed on __________June 21___________________, 2004 by the Jackson County Legislature. The votes thereon were as follows:
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- Yeas ________8_________ Nays ______0________
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- Abstaining _____0________ Absent _____1_______
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- ______________________ _____________________________________
- Date Mary Jo Spino, Clerk of Legislature