Title
An Ordinance closing a portion of Rodes Ave.; determining that the property owner abutting the portion 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 transferring the former right-of-way to the abutting owner, subject to the reservation of easements and restrictions. [Dept. of Environmental Quality and Public Works, Albright]
Summary
Authorization to close a small portion of Rodes Avenue and to transfer the closed portion to the adjacent property owner, the adjacent property owner will accept full responsibility for the portion of Rodes Avenue, the plan for which is to consolidate it with the adjoining property, at no cost to the Urban County Government. (L1067-19) (Albright)
Budgetary Implications [select]: NO
Advance Document Review:
Law: { Yes, Completed by [Charles Williams III, August 28, 2019]}
Risk Management: {No}
Fully Budgeted [select]: NA
Account Number:
This Fiscal Year Impact: $
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance:
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 Rodes Avenue; and
WHEREAS, the owner of the abutting property has received written notice of the proposed closing and has given written, notarized consent thereto;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That, pursuant to KRS 82.405(2), the property owner abutting the portion of Rodes Avenue to be closed has been provided written notice of the proposed closing and has given its written, notarized consent to the closing, a copy of which consent certificate 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, the portion of Rodes Avenue identified in 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 Quitclaim Deeds and any other documents necessary to transfer the former right-of-way to the abutting owner, subject to the reservation of easements and restrictions.
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:
___________________________________
MAYOR
ATTEST:
________________________________
CLERK OF URBAN COUNTY COUNCIL
Published:
1067-19:CEE:X:\Cases\WORKS\19-LE0001\LEG\00668787.DOCX
PREPARED BY:
_________________________
CHARLES E. EDWARDS, III
Attorney
Lexington-Fayette Urban County Government
Department of Law, 11th Floor
200 East Main Street
Lexington, Kentucky 40507
(859) 258-3500