RESOLUTION NO. ______, SERIES 2026
TITLE
A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNER OF CERTAIN PROPERTY, PARCEL NO. THIRTY-SEVEN (37), IN JEFFERSON COUNTY IN CONNECTION WITH THE BLANTON LANE SIDEWALK PROJECT.
BODY
SPONSORED BY: COUNCIL MEMBER JONATHAN JOSEPH
WHEREAS, the Louisville/Jefferson County Metro Government (“Metro”), pursuant to KRS 67C.101(3)(f) may acquire real property for public uses through the exercise of the power of eminent domain; and
WHEREAS, KRS 416.560(1) requires the legislative council of Metro (“Council”) to approve the exercise of the power of eminent domain prior to Metro’s instituting such proceedings; and
WHEREAS, Metro (as a successor to Jefferson County and the City of Louisville) has planned and designed the Blanton Lane Sidewalk Project (the “Project”) in conjunction with the Louisville/Jefferson County Metro Government Department of Public Works; and
WHEREAS, as a part of the Project, it is necessary to acquire property in fee simple (“Tract A”), two permanent easements (“Tract B” and “Tract C”) and a temporary easement (“Tract D”), as more accurately described on Exhibit A (the “Condemned Property”) for the use and benefit of citizens of Metro; and
WHEREAS, Metro has not been able to acquire the Condemned Property for the Project from the owner of the Condemned Property through good faith negotiations; and
WHEREAS, KRS 416.550 authorizes Metro to exercise its right of eminent domain against a property when it cannot acquire the property by agreement with the owner thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: That in order to complete the project, Metro needs to acquire the Condemned Property, as is more accurately described on attached Exhibit A and platted as on the plat map attached hereto as Exhibit B. Those with a potential interest in the Condemned Property who will be called upon in a condemnation action are attached as Exhibit C.
Since Metro cannot, by agreement of the owner of the Condemned Property, acquire the Condemned Property, then the office of the Jefferson County Attorney is authorized to institute condemnation proceedings pursuant to KRS 416.560, et seq. against the owner of the Condemned Property.
SECTION II: That the Council finds that the Condemned Property needs to be acquired for the public use of Metro.
SECTION III: That this Resolution shall become effective upon its passage and approval or otherwise becoming law.
_________________________________ ________________________________
Sonya Harward Brent Ackerson
Metro Council Clerk President Of The Council
_________________________________ ________________________________
Craig Greenberg Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ______________________________________
R-072-26 Parcel No. 37 (Oaks St. Andrews LLC, et al.) Condemnation.docx (APS)
EXHIBIT A-CONDEMNED PROPERTY
Parcel No. 37 Tract A
Being a tract of land in Jefferson County, Kentucky, along the north side of Blanton Lane approximately 550 feet northwest of the intersection of Blanton Lane and St. Andrews Church Road (KY 1931), and more particularly described as follows: Beginning at a point 12.67 feet right of the proposed Blanton Lane sidewalk baseline at Station 313+87.58, said point being in the existing Blanton Lane northern right of way line and in the existing Rosemary Lane eastern right of way line; thence leaving the existing Blanton Lane northern right of way line and with the existing Rosemary Lane eastern right of way line North 36°53'12" East a distance of 18.68 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 313+87.00, said point also being in the proposed Blanton Lane northern right of way line; thence leaving the existing Rosemary Lane eastern right of way line and with the proposed Blanton Lane northern right of way line South 58°23'14" East a distance of 7.62 feet to a point 6.00 feet left of Blanton at Station 313+96.88; thence with the proposed Blanton Lane northern right of way line South 72°23'18" East a distance of 3.38 feet to a point 6.02 feet left of Blanton at Station 314+00.00; thence with the proposed Blanton Lane northern right of way line South 72°23'18" East a distance of 3.89 feet to a point 6.47 feet left of Blanton at Station 314+02.92; thence with the proposed Blanton Lane northern right of way line South 50°40'33" East a distance of 108.37 feet to a point 9.56 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+05.00; thence with the proposed Blanton Lane northern right of way line South 12°17'18" West a distance of 19.35 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+27.67; thence with the proposed Blanton Lane northern right of way line South 51°19'27" East a distance of 122.71 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+50.38, said point also being in the existing eastern property line; thence leaving the proposed Blanton Lane northern right of way line and with the existing eastern property line South 47°06'17" West a distance of 2.80 feet to a point 3.28 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+49.98, said point also being in the existing Blanton Lane northern right of way line; thence leaving the existing eastern property line and with the existing Blanton Lane northern right of way line North 51°32'06" West a distance of 253.03 feet to a point 12.67 feet right of the proposed Blanton Lane sidewalk baseline at Station 313+87.58 and the POINT OF BEGINNING.
The above-described parcel contains 0.07 acres (3,057 sq. ft.), more or less.
The above-described property designated as Parcel No. 37 Tract A is required in fee simple.
Parcel No. 37 Tract B
Being a tract of land in Jefferson County, Kentucky, along the north side of Blanton Lane approximately 540 feet northwest of the intersection of Blanton Lane and St. Andrews Church Road (KY 1931), and more particularly described as follows:
Beginning at a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 313+87.00, said point being in the proposed Blanton Lane northern right of way line and in the existing Rosemary Lane eastern right of way line; thence leaving the proposed Blanton Lane northern right of way line and with the existing Rosemary Lane eastern right of way line North 36°53'12" East a distance of 14.01 feet to a point 20.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 313+86.57, said point also being in the proposed permanent easement line; thence leaving the existing Rosemary Lane eastern property line and with the proposed permanent easement line South 45°52'12" East a distance of 7.42 feet to a point 17.78 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+00.00; thence with the proposed permanent easement line South 20°02'04" West a distance of 11.76 feet to a point 6.02 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+00.00, said point also in the proposed Blanton Lane northern right of way line; thence leaving the proposed permanent easement line and with the proposed Blanton Lane northern right of way line North 72°23'18" West a distance of 3.38 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 313+96.88; thence with the proposed Blanton Lane northern right of way line North 58°23'14" West a distance of 7.62 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 313+87.00 and the POINT OF BEGINNING.
The above-described parcel contains 118 sq. ft., more or less.
The above-described property designated as Parcel No. 37 Tract B is required as a permanent easement for the purpose of constructing and perpetually maintaining drainage.
Parcel No. 37 Tract C
Being a tract of land in Jefferson County, Kentucky, along the north side of Blanton Lane approximately 420 feet northwest of the intersection of Blanton Lane and St. Andrews Church Road (KY 1931), and more particularly described as follows: Beginning at a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+27.67, said point being in the proposed Blanton Lane northern right of way; thence with the proposed Blanton Lane northern right of way line North 12°17'18" East a distance of 19.35 feet to a point 9.56 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+05.00, said point also being in the proposed permanent easement line; thence leaving the proposed Blanton Lane northern right of way line and with the proposed permanent easement line South 50°40'33" East a distance of 6.40 feet to a point 13.82 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+07.22; thence with the proposed permanent easement line South 02°59'38" West a distance of 16.33 feet to a point 10.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+35.00; thence with the proposed permanent easement line South 51°19'27" West a distance of 85.00 feet to a point 10.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+20.00; thence with the proposed permanent easement line North 38°40'33" East a distance of 5.00 feet to a point 15.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+20.00; thence with the proposed permanent easement line South 51°19'27" East a distance of 31.72 feet to a point 15.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+51.71, said point also being in the existing eastern property line; thence leaving the proposed permanent easement line and with the existing eastern property line South 47°06'17" West a distance of 9.10 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 316+50.38, said point also being in the proposed Blanton Lane northern right of way line; thence leaving the existing eastern property line and with the proposed Blanton Lane northern right of way line North 51°19'27" West a distance of 122.71 feet to a point 6.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+27.67 and the POINT OF BEGINNING.
The above-described parcel contains 757 sq. ft., more or less.
The above-described property designated as Parcel No. 37 Tract C is required as a permanent easement for the purpose of constructing and perpetually maintaining drainage.
Parcel No. 37 Tract D
Being a tract of land in Jefferson County, Kentucky, along the north side of Blanton Lane approximately 540 feet northwest of the intersection of Blanton Lane and St. Andrews Church Road (KY 1931), and more particularly described as follows:
Beginning at a point 6.02 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+00.00, said point being in the proposed Blanton Lane northern right of way line and in the proposed permanent easement line; thence leaving the proposed Blanton Lane northern right of way line and with the proposed permanent easement line North 20°02'04" East a distance of 11.76 feet to a point 17.78 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+00.00, said point also being in the proposed temporary easement line; thence leaving the proposed permanent easement line and with the proposed temporary easement line South 45°52'21" East a distance of 9.49 feet to a point 15.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+05.00; thence with the proposed temporary easement line South 37°47'54" East a distance of 21.85 feet to a point 10.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+25.00; thence with the proposed temporary easement line South 50°58'06" East a distance of 88.25 feet to a point 15.00 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+05.00; thence with the proposed temporary easement line South 02°59'38" West a distance of 5.52 feet to a point 13.82 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+07.22; said point also being in the proposed permanent easement line; thence leaving the proposed temporary easement line and with the proposed permanent easement line North 50°40'33" West a distance of 6.40 feet to a point 9.56 feet left of the proposed Blanton Lane sidewalk baseline at Station 315+00.00, said point also being in the proposed Blanton Lane northern right of way line; thence leaving the proposed permanent easement line and with the proposed Blanton Lane northern right of way line North 50°40'33" West a distance of 108.37 feet to a point 6.47 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+02.94; thence with the proposed Blanton Lane northern right of way line North 72°23'18" West a distance of 3.89 feet to a point 6.02 feet left of the proposed Blanton Lane sidewalk baseline at Station 314+00.00 and the POINT OF BEGINNING.
The above-described parcel contains 591 sq. ft., more or less.
The above-described property designated as Parcel No. 37 Tract D is required as a temporary easement for the purposes of drainage and sidewalk construction; said easement terminates and reverts upon completion of same.
The above-described property being a portion of the same property conveyed to Oaks St. Andrews LLC, a Kentucky limited liability company, by deed recorded on February 25, 2020, in Deed Book 11627, Page 952, in the Office of the County Clerk of Jefferson County, Kentucky.
EXHIBIT B-PLAT MAP
EXHIBIT C-INTERESTED PARTIES
1. Oaks St. Andrews LLC, a Kentucky limited liability company
2. Fannie Mae c/o Arbor Commercial Funding I, LLC, a New York limited liability company