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File #: 1144-13    Version: 1 Name: Condemnation Proceedings, Tatton Place and Branham Park
Type: Resolution Status: Approved
File created: 10/16/2013 In control: Urban County Council
On agenda: 11/7/2013 Final action: 11/7/2013
Enactment date: 11/7/2013 Enactment #: R-596-2013
Title: A Resolution authorizing and directing the Dept. of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for the Blue Sky Pump Station and Force Main Project. [Council Office, Maynard]
Attachments: 1. 00412396.pdf, 2. Resoluton 596-2013.pdf
Title
A Resolution authorizing and directing the Dept. of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for the Blue Sky Pump Station and Force Main Project. [Council Office, Maynard]
Summary
[Enter Summary Here]
Body
WHEREAS, the Urban County Council has determined that the acquisition of permanent sanitary sewer and temporary construction easements at the properties at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park is necessary for the public purpose of and use in the Blue Sky Pump Station and Force Main project; and
      WHEREAS, the Owner(s) of the property and the Lexington-Fayette Urban County Government have been unable to reach an agreement upon the terms and conditions of the conveyance of the property interests to the Lexington-Fayette Urban County Government:
      NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
      Section 1 - That the Lexington-Fayette Urban County Government has determined that the acquisition of permanent sanitary sewer and temporary construction easements, further described herein, at the properties at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park is necessary  and required for the Blue Sky Pump Station and Force Main project, a public sanitary sewer project and purpose, and that it is in the best interest of the community to acquire the same, and that the Owner(s) of the properties and the Lexington-Fayette Urban County Government have been unable to reach an agreement on the terms and conditions of the conveyance to the Urban County Government.
      Section 2 - That pursuant to the condemnation powers granted to this Government, the Lexington-Fayette Urban County Council hereby condemns the property interests referenced herein and further described in "Exhibit A," attached hereto and incorporated herein by reference, to be obtained for the Blue Sky Pump Station and Force Main project.  
      Section 3 - That the Department of Law be and hereby is authorized to file an action in the Fayette Circuit Court to carry out the purposes of this Resolution.
      Section 4 - That this Resolution shall become effective on the date of its passage.
      PASSED URBAN COUNTY COUNCIL:
                                          ________________________________
                                          MAYOR
ATTEST:
 
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CLERK OF URBAN COUNTY COUNCIL