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File #: R-198-18    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/31/2018 In control: Parks and Sustainability Committee
On agenda: 11/29/2018 Final action: 11/29/2018
Title: A RESOLUTION AUTHORIZING THE MAYOR ON BEHALF OF METRO GOVERNMENT TO ACCEPT THE DONATION OF A SECOND CONSERVATION EASEMENT ON PROPERTY OWNED BY DINWIDDIE LAMPTON, III AND HIS WIFE IRENE D. LAMPTON LOCATED ON HALLS HILL ROAD AND COVERED BRIDGE ROAD IN OLDHAM COUNTY, KENTUCKY.
Sponsors: Bill Hollander (D-9)
Attachments: 1. R-198-18 V.1 110818 Lampton 2nd Conservation Easement.pdf.pdf, 2. Deed for Conservation Easement with Lamptons-Halls Hill.pdf, 3. Conservation Easement Consent and Limited Subordination Agreement with Lamptons-Halls Hill.pdf, 4. RES 169 2018.pdf

                     RESOLUTION NO.                      SERIES 2018

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A RESOLUTION AUTHORIZING THE MAYOR ON BEHALF OF METRO GOVERNMENT TO ACCEPT THE DONATION OF A SECOND CONSERVATION EASEMENT ON PROPERTY OWNED BY DINWIDDIE LAMPTON, III AND HIS WIFE IRENE D. LAMPTON LOCATED ON HALLS HILL ROAD AND COVERED BRIDGE ROAD IN OLDHAM COUNTY, KENTUCKY.

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SPONSORED BY: COUNCIL MEMBER BILL HOLLANDER

WHEREAS, Dinwiddie Lampton, III and his wife Irene D. Lampton (the "Lamptons") are the owner in fee simple of a 45.46 acre tract located on Halls Hill Road and Covered Bridge Road in Oldham County, Kentucky (the "Property"), and the grant of a conservation easement on this Property shall assure the protection of outstanding natural resources, conservative values and possible pre-historic artifacts in the Harrods Creek watershed shared by both Oldham and Jefferson Counties; and will further protect one acre of wetlands, a small stream, a pond and a spring, archeological deposits, underground conduits and caves and will yield significant public benefits; and this easement will in part benefit the operations of Second Stride, a 501 (c)(3) not for profit organization for retired thoroughbred racehorses; and

WHEREAS, the grant of a conservation easement on this Property will serve the clearly delineated governmental policies of Kentucky Revised Statutes 382.800 et seq. to retain or protect "natural, scenic or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use" and for "protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, archaeological, or cultural aspects of real property"; and

WHEREAS, pursuant to KRS 382.800 et seq., Metro Government is authorized to accept conservation easements to retain and protect natural, scenic and open space values of real property assuring its availability for agricultural, forest or open space use, protecting natural resources, and preserving agricultural and other cultural aspects of real property in Kentucky, and Metro Government is qualified to accept such easements under Section 170(h) of the Internal Revenue Code; and

WHEREAS, the Lamptons had previously donated a 167.21 acre conservation easement to Metro Government adjacent to this Property in 2013; and

                     WHEREAS, the Metro Council desires the Mayor on behalf of Metro Government to accept this second conservation easement on the Lampton Property on behalf of Metro Government;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

SECTION I: Louisville Metro is hereby authorized to accept this 45.46 acre Deed of Conservation Easement on property owned by the Lamptons on Halls Hill and Covered Bridge Roads in Oldham County, Kentucky.

SECTION II: This Resolution shall take effect upon its passage and approval.

 

 

_______________________________ H. Stephen Ott Metro Council Clerk

_____________________________ David James President of the Council

 

 

 _______________________________ Greg Fischer Mayor

 _____________________________ Approval Date

 

APPROVED AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

 

BY:  ____________________________

 

R-198-18 Conservation Easement JC 10-31-18.rtf