Title
An Ordinance declaring a private road located north of the Richmond Rd. Home Depot store which starts at the west end of the Woodhill Dr. Extension and ends at the Southland Christian Church property line to have been dedicated to the Lexington-Fayette Urban County Government as a public way, and accepting the dedication. [Dept. of General Services, Reed]
Summary
Authorization to accept dedication of the private road located north of the Richmond Road Home Depot store in perpetuity to Public Use. (L0449-14) (Reed)
This is a request to accept dedication of the private road located north of the Richmond Road Home Depot store in perpetuity to Public Use. The section of road starts at the west end of the Woodhill Drive extension and ends at the Southland Christian Church property line. This road has been used by the general public for more than five consecutive years and will provide access to the new senior citizen's center. There is no immediate financial impact, however the city will assume responsibility for repair and maintenance.
Budgetary Implications: No
Advance Document Review: Yes
Fully Budgeted: NA
Account Number:
This Fiscal Year Impact: $0.00
Annual Impact: $0.00
Project:
Activity:
Budget Reference:
Body
WHEREAS, a private road located north of the Richmond Road Home Depot store which starts at the west end of the Woodhill Drive Extension and ends at the Southland Christian Church property line has been opened to the unrestricted use of the general public for at least five (5) consecutive years; and
WHEREAS, the newly dedicated road will provide access to the new Senior Citizen Center during and after construction; and
WHEREAS, Lexington-Fayette Urban County Government will take over repair and maintenance of this section once the dedication has been accepted; and
WHEREAS, KRS 82.400(3) provides in pertinent part as follows:
When any property has been open to the unrestricted use of the general public for five (5) consecutive years, it shall be conclusively presumed to have been dedicated to the city as a public way or easement, subject to acceptance by the city. The city may, at any time after the expiration of five (5) years from the time the property is open to the public, pass an ordinance declaring it is so dedicated, and accepting the dedication, whereupon it shall be a public way or easement of the city for all purposes.
WHEREAS, KRS 67A.060(1) provides that Urban County Governments "may exercise the constitutional and statutory rights, powers, privileges, immunities and responsibilities" of cities;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT;
Section 1 - That the dedication of a private road located north of the Richmond Road Home Depot store which starts at the west end of the Woodhill Drive Extension and ends at the Southland Christian Church property line to the Lexington-Fayette Urban County Government as a public way be, and the same is, hereby accepted.
Section 2 - That the preamble to this Ordinance be, and the same is, hereby incorporated by reference, the same as if set out in full herein.
Section 3 - That this Ordinance shall become effective upon the date of its passage.
PASSED URBAN COUNTY COUNCIL:
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MAYOR
ATTEST:
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CLERK OF URBAN COUNTY COUNCIL