ORDINANCE NO. ______, SERIES 2026
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AN ORDINANCE (I) DECLARING MERMAID LANE AS DEDICATED TO LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT FOR PUBLIC USE AS A PUBLIC WAY AND (II) ACCEPTING SUCH DEDICATION.
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SPONSORED BY: COUNCIL MEMBER WINKLER
WHEREAS, pursuant to KRS 82.400(3), when any property within the jurisdictional limits of Louisville/Jefferson County Metro Government (“Metro”) has been opened to the unrestricted use of the general public for five (5) consecutive years, such property shall be conclusively presumed to have been dedicated to Metro as a public way or easement, subject to acceptance by Metro;
WHEREAS, under KRS 82.400(3), Metro may, at any time after the expiration of five (5) years from the time such property is opened to the public, pass an ordinance declaring it so dedicated and accepting the dedication, whereupon it shall be a public way or easement of Metro for all purposes;
WHEREAS, a 30’ wide parcel known as Mermaid Lane, more particularly described in Exhibit A to this Ordinance, is located within Metro;
WHEREAS, Metro has found that Mermaid Lane has been opened to the unrestricted use of the general public for more than five (5) consecutive years;
WHEREAS, Metro has found that the general public have used, without restriction, Mermaid Lane for more than five (5) consecutive years; and
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) desires to (i) declare Mermaid Lane as dedicated to Metro for public use, and (ii) accept such dedication.
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NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE “COUNCIL”) AS FOLLOWS:
SECTION I. Metro has found that Mermaid Lane, as defined above, (i) has been opened to the unrestricted use of the general public for more than five (5) consecutive years and (ii) the general public have used, without restriction, Mermaid Lane for more than five (5) consecutive years.
SECTION II. Metro hereby declares, pursuant to KRS 82.400(3), Mermaid Lane as dedicated to Metro for public use as a public way, and Metro hereby accepts such dedication of Mermaid Lane to Metro for public use as a public way.
SECTION III. This Ordinance shall not be subject to the requirements and procedure set forth in LMCO 97.151 and 97.152 because under this Ordinance, Metro’s declaration of Mermaid Lane as dedicated to Metro for public use as a public way and acceptance of such dedication, are not being done pursuant to a petition of property owners.
SECTION IV. This Ordinance shall take effect upon its passage and approval, or otherwise becoming law.
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_______________________________ Sonya Harward Metro Council Clerk |
_____________________________ Brent Ackerson President of the Council |
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_______________________________ Craig Greenberg Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ________________________________
O-182-26 Declaring and Accepting Mermaid Lane ad Dedicated for Public Use as a Right of Way (6-02-26)(lf)
EXHIBIT A
A tract near O’Bannon - Beginning at a stone, corner to Richard Collins and in a line of the Coleman tract, and running thence with Collin’s line North 59 degrees, 15 minutes East, 101-2/10 poles to a point in the center of the County Road; thence with the center of said County Road, South 36 degrees 45 minutes East, 30 feet, thence South 50 degrees, 15 minutes West 101-2/10 poles to a point in the line of the Coleman tract; thence North 21 degrees 41 minutes West, 30 feet to the beginning.