RESOLUTION NO. ___________, SERIES 2021
TITLE_____
A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. ONE (01), IN JEFFERSON COUNTY IN CONNECTION WITH THE HUBBARDS LANE WIDENING PROJECT.
BODY
SPONSORED BY: COUNCIL MEMBER BILL HOLLANDER
BODY
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 Hubbards Lane Widening 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 as more accurately described by 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 owners of the Condemned Property through good faith negotiations; and
WHEREAS, KRS 416.550 authorized 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.
_________________________________ ________________________________
Sonya Harward David James
Metro Council Clerk President Of The Council
_________________________________ ________________________________
Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ______________________________________
R-126-21 Parcel No. 01 (Haymarket Real Estate Holdings, LLC, et al) Condemnation.docx (TF)
EXHIBIT A-CONDEMNED PROPERTY
PARCEL NO. 01
Being a tract of land located in Jefferson County, Kentucky along Hubbards Lane,
approximately 95 feet southwest of the intersection of Hubbards Lane and Shelbyville Road, and more particularly described as follows:
Beginning at a point 43.37 feet left of Hubbards Lane Station 99+19.03; thence North 16 Degrees 12 Minutes 04 Seconds West, 33.27 feet to a point 56.26 feet left of Hubbards Lane Station 99+49.70; thence South 83 Degrees 17 Minutes 07 Seconds East, 12.95 feet to a point 43.31 feet left of Hubbards Lane Station 99+49.68; thence South 6 Degrees 42 Minutes 53 Seconds West, 30.64 feet to the point of beginning.
The above described parcel contains 0.005 acres (199 square feet).
Being a portion of the property conveyed to Haymarket Real Estate Holdings, LLC, a Kentucky limited liability company, by deed dated June 13, 2019, of record in Deed Book 11432, Page 707, in the Office of the Clerk of Jefferson County, Kentucky.
EXHIBIT B-PLAT MAP
EXHIBIT C-INTERESTED PARTIES
1. Haymarket Real Estate Holdings, LLC, a Kentucky limited liability company
2. PNC Bank, National Association
3. HMA 502, LLC