Title
An Ordinance closing Barkley St.; determining that the property owner abutting the street to be closed has been identified, provided with written notice of the proposed closing, and consented thereto in writing; and authorizing the Mayor, on behalf of the Urban County Government, to execute a Quitclaim Deed and any other documents necessary to transfer the former right-of-way to the abutting owner, subject to the reservation of easements and restrictions. [Dept. of Environmental Quality and Public Works, Holmes]
Summary
Authorization to execute a transfer of the Barkley Street right-of-way to the adjacent property owner Lexington MLK, LLC. LFUCG Division Directors and utility company representatives have responded with comments and consented to this request. Lexington MLK, LLC will accept full responsibility of the maintenance and repair of the right-of-way. There is no budgetary impact. (L1288-15)(Holmes)
Budgetary Implications [select]: NO
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Body
WHEREAS, the Urban County Government has the exclusive authority, pursuant to Chapter 67A and Section 82.405 of the Kentucky Revised Statutes, to close a public way or any part thereof within its jurisdiction; and
WHEREAS, the Urban County Government Divisions of Police, Fire & Emergency Services, Waste Management, Water Quality, Streets & Roads, Engineering, Traffic Engineering, and Planning, and affected public utilities, have reviewed the proposed closing of Barkley Street; and
WHEREAS, Lexington MLK, LLC is the owner of the properties abutting Barkley Street, which is proposed for closing; and
WHEREAS, Lexington MLK, LLC has received written notice of the proposed closing and has given written, notarized consent to the proposed closing;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That, pursuant to KRS 82.405(2), this Council finds that the above identified property owner is the owner of all properties abutting Barkley Street, which is proposed for closing, and said owner has been provided written notice of the proposed closing and has given its written, notarized consent to the closing, which consent is attached hereto as Exhibit A and incorporated herein by reference.
Section 2 - That pursuant to the powers granted to the Lexington-Fayette Urban County Government under Chapter 67A and Section 82.405 of the Kentucky Revised Statutes, Barkley Street, which is shown on the attached Exhibit B, be and hereby is closed as a public way of the Lexington-Fayette Urban County Government.
Section 3 - That the Mayor, on behalf of the Lexington-Fayette Urban County Government, be and hereby is authorized to execute a quitclaim deed and any other documents necessary to transfer the former right-of-way to Lexington MLK, LLC, the abutting owner, subject to the reservation of easements for access and maintenance of existing utility facilities.
Section 4 - That this Ordinance shall become effective on the date of its passage and shall be recorded in the Office of the Fayette County Clerk pursuant to KRS 82.405(2).
PASSED URBAN COUNTY COUNCIL:
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MAYOR
ATTEST:
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CLERK OF URBAN COUNTY COUNCIL