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.