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An Ordinance declaring a portion of Shaker Dr. starting at its intersection with Harrodsburg Rd. and ending at the entrance to the Harrodsburg Square Condominiums property to be dedicated to the Lexington-Fayette Urban County Government as a public way and accepting the dedication. [Council Office, Hall]
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WHEREAS, a portion of the private Rd. identified as Shaker Drive which starts at its interSection with Harrodsburg Road and which ends at the entrance to the Harrodsburg Square Condominiums property has been dedicated to public use by plat since 1972 and has been opened to the unrestricted use of the general public for at least five (5) consecutive years; and
WHEREAS, the 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) sets forth a presumption of dedication of public ways and for acceptance of public ways as a matter of law, as follows:
When any property has been opened 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 or consolidated local government as a public way or easement, subject to acceptance by the city or consolidated local government. The city or consolidated local government May, at any time after the expiration of five (5) years from the time the property is opened to the public, pass an Ordinance declaring it so dedicated, and accepting the dedication, whereupon it shall be a public way or easement of the city or consolidated local government 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, pursuant to KRS 82.400(3) and KRS 67A.060(1), the dedication of a por...
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