2000-0290
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
ORDINANCE NO. _____________
Title
An Ordinance to authorize the Parish President to make total, full and final settlement in the matter entitled "Audubon Barges, Inc. vs. St. Charles Parish", United States District Court for the Eastern District of Louisiana, No. 99-1877, United States Fifth Circuit Court of Appeals, No. 99-311663 and the matter entitled "St. Charles Parish v. Audubon Barges, Inc." 29th Judicial District Court, No. 51,696, which said matter was removed to the United States District Court and consolidated with "Audubon Barges, Inc. vs. St. Charles Parish ", United States District Court for the Eastern District of Louisiana, No. 99-1877; to purchase property needed for servitudes for the construction of wastewater regionalization program and to enter into an Act of Exchange with Audubon Barges, Inc.
body
WHEREAS, Audubon Barges, Inc. filed a lawsuit entitled "Audubon Barges, Inc. vs. St. Charles Parish" No. 99-1877, United States District Court to contest the issue of St. Charles Parish's right to expropriate property from Audubon Barges, Inc.; and,
WHEREAS, St. Charles Parish previously filed a lawsuit entitled "St. Charles Parish vs. Audubon Barges, Inc.", No. 51,696, 29th Judicial District Court, to contest the issue of its right to expropriate property from Audubon Barges, Inc.; and
WHEREAS, the United States District Court rendered Summary Judgment in favor of St. Charles Parish upholding its right to expropriate property from Audubon Barges, Inc.; and
WHEREAS, Audubon Barges, Inc. appealed said Judgment to the United States Fifth Circuit Court of Appeal, No. 99-31163, which appeal remains open and pending; and
WHEREAS, St. Charles Parish is in immediate need of certain property and servitudes for the construction of its sewerage treatment facility and regionalization of the wastewater facilities; and
WHEREAS, St. Charles Parish has previously accepted a roadway, a portion of which is unimproved from Audubon Barges, Inc. and/or its predecessor in title, which said unimproved roadway remains unimproved and is not needed by St. Charles Parish; and
WHEREAS, the parties have agreed that
(1) Audubon Barges, Inc. will dismiss with prejudice its appeal of the Summary Judgment, United States Fifth Circuit Court of Appeals, No. 99-31163, said Summary Judgment previously rendered in the matter entitled "Audubon Barges, Inc. vs. St. Charles Parish ", United States District Court for the Eastern District of Louisiana, No. 99-1877";
(2) St. Charles Parish will purchase via Act of Sale from Audubon Barges, Inc. the servitudes it needs for the wastewater regionalization program for the sum of four thousand three hundred sixty eight and 67/100ths ($4,368.67) dollars, including severance damages and rental for temporary construction servitudes;
(3) St. Charles Parish will pay in settlement to Audubon Barges, Inc. the sum of seventy thousand six hundred thirty-one and 33/100ths ($70,631.33) dollars, as further consideration for its dismissal of its appeal;
(4) Audubon Barges, Inc. will exchange with St. Charles Parish certain real estate, described, to-wit:
(a) Audubon Barges, Inc., will deliver and convey fee simple ownership of the following described property to St. Charles Parish, to-wit:
A certain piece or portion of ground situated in the State of Louisiana, Parish of St. Charles, Section 68, Township 13 South, Range 20 East, designated as 153,283.77 square foot portion of Durant Property and more fully described as follows:
Commencing at the intersection of the centerline of Texas & Pacific Railroad Right of Way Line and the line common to Section 10 and Section 68, Township 13 South, Range 20 East, measure thence N17º45'00"E a distance of 422.13 feet to a point, the point of beginning. Measure thence N17º45'00"E a distance of 589.94 feet to a point, measure thence N64º45'00"E a distance of 147.42 feet to a point, measure thence S21º15'00"E a distance of 468.75 feet to a point, measure thence S68º45'00"W a distance of 518.32 feet to a point, the point of beginning.
Said portion of ground contains 153,283.77 square feet, 3.519 acres.
All as more fully shown on a plant of survey by BFM Corporation dated June 18, 2000.
(b) St. Charles Parish will deliver and convey full ownership of the following described property, subject to any servitude for utilities currently located within said property, to Audubon Barges, Inc.
A certain piece or portion of ground situated in the State of Louisiana, Parish of St. Charles, Section 24, Towship 13 South, Range 20 East, designated as 70,334.60 sq. ft., portion of St. Charles Parish Property and more fully described as follows:
Commencing at the intersection of the centerline of Texas & Pacific Railroad Right of Way Line and the line common to Section 10 and Section 68, Township 13 South, Range 20 East, measure thence N17º45'00"E a distance of 422.13 feet to a point, measure thence N68º45'00"E a distance of 1,597.50 feet to a point, the point of beginning. Measure thence N24º11'57 a distance of 50.07 feet to a point, measure thence N68º45'00"E a distance of 1,407.98 feet to a point, measure thence S21º15'00"E a distance of 50.00 feet to a point, measure thence S68º45'00"W a distance of 1,405.40 feet to a point, the point of beginning.
Said portion of ground contains 70,334.60 sq. ft.
All as more fully shown on plan of survey by BFM Corporation dated June 18, 2000.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Parish President of St. Charles Parish is hereby authorized to execute an Act of Sale of Servitude for the sum of FOUR THOUSAND THREE HUNDRED SIXTY-EIGHT AND 67/100THS ($4,368.67) DOLLARS, an Act of Exchange, and pay over to Audubon Barges, Inc. the sum of seventy thousand six hundred thirty-one and 33/100ths ($70,631.33) dollars, for and in consideration of its dismissal of the appeal of the matter entitled Audubon Barges, Inc. vs. St. Charles Parish ", United States District Court for the Eastern District of Louisiana, No. 99-1877, United States Fifth Circuit Court of Appeals No. 99-31163. Said Act of Sale and Act of Exchange shall be in the form of the documents attached hereto and made a part hereof.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ____ day of _________, 2000, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: