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File #: R-024-22    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/10/2022 In control: Public Works Committee
On agenda: 3/3/2022 Final action: 3/3/2022
Title: A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. THIRTY-TWO (32), IN JEFFERSON COUNTY IN CONNECTION WITH THE COOPER CHAPEL ROAD EXTENSION PROJECT.
Sponsors: Robin Engel (R-22)
Attachments: 1. R-024-22 V.1 021722 Parcel No. 34 (Thomas, Kenneth Dale, et al.) Condemnation.pdf, 2. R-024-22 ATTACH Exhibit B - Plat Map.pdf, 3. RES 028 2022.pdf
RESOLUTION NO. ______, SERIES 2022
TITLE
A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. THIRTY-TWO (32), IN JEFFERSON COUNTY IN CONNECTION WITH THE COOPER CHAPEL ROAD EXTENSION PROJECT.
BODY
SPONSORED BY: COUNCIL MEMBER ROBIN ENGEL
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 Cooper Chapel Road Extension 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 two temporary easements ("Tract D" and "Tract E"), 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 pla...

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