2002-0111
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
ORDINANCE NO. _____________
Title
An ordinance to authorize the Parish President to purchase and/or expropriate a servitude from Ashton Plantation Estates, L.L.C. and Union Pacific Railroad Company.
Body
WHEREAS, The economic development of St. Charles Parish is paramount to the health, safety and welfare of its residents; and
WHEREAS, The development of available real estate in St. Charles Parish is essential to the economic development of St. Charles Parish; and
WHEREAS, Ashton Plantation Estates, L.L.C., as required by the Development Agreement between it and St. Charles Parish, will have donated certain tracts of land to St. Charles Parish and to the St. Charles Parish School Board, access to which land requires a grade crossing over the Union Pacific Railroad; and
WHEREAS, It is necessary to purchase and/or expropriate from Ashton Plantation Estates, L.L.C. and/or the Union Pacific Railroad Company, a servitude over certain property owned by Ashton Plantation Estates, L.L.C. which is subject to a railroad servitude in favor of Union Pacific Railroad Company; and
WHEREAS, The property over which the servitude is needed is located in Luling, Louisiana at the intersection of Ashton Plantation Boulevard (under construction) and the Union Pacific Railroad as shown on the attached drawing;
WHEREAS, The expropriation of said servitude for a grade crossing is for a public purpose, namely economic development and for access to publicly owned property; and,
WHEREAS, The Developer will reimburse the Parish for any and all expenses incurred in obtaining servitude.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS, that the Parish President through the Department of Legal Services, is hereby authorized to purchase and/or expropriate a servitude over certain land owned by Ashton Plantation Estates, L.L.C. which is subject to a railroad servitude, for the purpose of construction of a grade crossing over the Union Pacific Railroad Company at Luling, Louisiana at the intersection of Ashton Plantation Boulevard (under construction) and the Union Pacific Railroad ; further that the Parish President is hereby authorized to execute all documents necessary to complete said purchase and/or expropriation; and further, that should the expropriation process be necessary, said expropriation should be in accordance with state law.
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 , 2002, to become effective five (5) days after publication in the Official Journal.
EXPROPRIATION ASHTON PLANTATION.revised2
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: