Resolution no



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#36843

On joint motion of all Councilmembers present, the following resolution was offered:

RESOLUTION NO.

A resolution authorizing the purchase or expropriation of a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4B, and a permanent drainage servitude and a temporary construction servitude over a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4A, for the Southeast Louisiana Urban Flood Control Project (SELA), Industry Canal Improvements from Oakwood Canal to the Algiers Outfall Canal, DPW No. 2004-012-DR (SELA) and to provide for related matters. (Council District No. 1)



WHEREAS, Jefferson Parish must acquire a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4B, as per a right-of-way plan by Landmark Surveying, Inc., dated March 1, 2011, revised January 5, 2012, for the Southeast Louisiana Urban Flood Control Project (SELA), Industry Canal Improvements from Oakwood Canal to the Algiers Outfall Canal, DPW No. 2004-012-DR (SELA); and

WHEREAS, Jefferson Parish must acquire a permanent drainage servitude and a temporary construction servitude over a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4A, as per a right-of-way plan by Landmark Surveying, Inc., dated March 1, 2011, revised January 5, 2012, for the Southeast Louisiana Urban Flood Control Project (SELA), Industry Canal Improvements from Oakwood Canal to the Algiers Outfall Canal, DPW No. 2004-012-DR (SELA); and

WHEREAS, Gerald L. Aschenbrenner is the owner of Lot 10-A, Section D, Unit 2, Elmwood Subdivision; and

WHEREAS, Wayne Sandoz & Associates, Inc. has appraised said property and servitudes as having a total value of $129,500.00; and

WHEREAS, Jefferson Parish is agreeable to the purchase of said property and servitudes for an amount not to exceed $129,500.00, however the property owner is not agreeable but negotiations are ongoing; and

WHEREAS, in the event an agreement cannot be reached for the acquisition of the property for appraised value said property must be expropriated according to applicable law.

NOW, THEREFORE, BE IT RESOLVED by the Jefferson Parish Council, the governing authority of said Parish:

SECTION 1. That Jefferson Parish is hereby authorized to acquire, by act of sale or by petition for expropriation, a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4B, and a permanent drainage servitude and a temporary construction servitude over a portion of Lot 10-A, Section D, Unit 2, Elmwood Subdivision, identified as Number 4A, all as shown on a right-of-way plan by Landmark Surveying, Inc., dated March 1, 2011, last revised January 5, 2012, needed for the Southeast Louisiana Urban Flood Control Project (SELA), Industry Canal Improvements from Oakwood Canal to the Algiers Outfall Canal, DPW No. 2004-012-DR (SELA).

SECTION 2. That Jefferson Parish is hereby authorized to pay to the owner, Gerald L. Aschenbrenner, an amount not to exceed the appraised value of $129,500.00.

SECTION 3. That all costs associated with the acquisition or expropriation of said property and servitudes shall come from Budget Account No. 45270-4090-7710 (52719.001).

SECTION 4. That the Council Chairman, or in his absence the Vice-Chairman, is authorized to sign any and all documents required to carry out the provisions of this resolution.

The foregoing resolution having been submitted to a vote, the vote thereon was as follows:



YEAS: NAYS: ABSENT:

The resolution was declared adopted on this the 19th day of September, 2012.
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