HomeMy WebLinkAbout2009-5-7545ORDINANCE NO. 2009-5-7545
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A 16'
UNIMPROVED ALLEY LOCATED NORTH OF GOODMAN DRIVE AND EAST OF 632 LONE
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of a portion
of a 16' unimproved alley located North of Goodman Drive and East of 632 Lone Oak Road, and
being more particularly described as follows:
BEING A 16 FOOT WIDE UNIMPROVED PUBLIC ALLEY LOCATED EAST OF
LONE OAK ROAD OR U.S. HIGHWAY 45, WEST OF HAYDEN AVENUE AND ON
THE NORTHERLY SIDE OF GOODMAN DRIVE IN THE CITY OF PADUCAH,
MCCRACKEN COUNTY, KENTUCKY, SAID ALLEY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A STEEL ROD, 1/2" IN DIAMETER AND 2 FEET LONG, WITH A
YELLOW PLASTIC CAP STAMPED "FMT ENGRS, KYLS 1842", PREVIOUSLY SET
WHERE THE WESTERLY RIGHT-OF-WAY LINE OF THE HEREIN DESCRIBED
ALLEY INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF GOODMAN
DRIVE, SAID MARKER BEING LOCATED AT THE SOUTHEASTERLY CORNER
OF TRACT "A" AS SHOWN BY PLAT OF RECORD FILED IN PLAT SECTION "L"
AT PAGE 935 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE
FROM SAID BEGINNING POINT PROCEED N. 220-58'-46" E. ALONG AND WITH
THE EASTERLY LINE OF SAID TRACT "A" AND THE WESTERLY RIGHT-OF-
WAY LINE OF SAID ALLEY, 178.21 FEET TO THE NORTHEASTERLY CORNER
OF SAID TRACT "A" AND THE SOUTHEASTERLY CORNER OF TRACT "B" OF
THE AFORESAID PLAT SECTION AND PAGE; THENCE PROCEED N. 22°-58'-46" E.
ALONG AND WITH THE EASTERLY LINE OF SAID TRACT "B" AND
CONTINUING ALONG AND WITH THE WESTERLY LINE OF SAID ALLEY, 121.79
FEET TO ANOTHER STEEL ROD WITH YELLOW PLASTIC CAP AFORESAID
PREVIOUSLY SET AT THE NORTHEASTERLY CORNER OF SAID TRACT "B",
SAID CORNER ALSO BEING THE SOUTHEASTERLY CORNER OF LOT NUMBER
2, BLOCK "A" OF THE HOLLAND AND GRASSHAM SUBDIVISION AS SHOWN
BY PLAT OF SAID SUBDIVISION OF RECORD IN PLAT SECTION "A", PAGE 115
OF THE AFORESAID CLERK'S OFFICE AND ALSO BEING SITUATED AT THE
SOUTHWESTERLY CORNER OF PARCEL "D" AS SHOWN BY PLAT OF RECORD
IN PLAT SECTION "L", PAGE 1566 OF THE AFORESAID CLERK'S OFFICE; THENCE
PROCEED S. 670-0l'-14" E. ALONG AND WITH THE SOUTHERLY LINE OF SAID
PARCEL "D", 16.00 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL "E" AS
INDICATED BY SAID PLAT SECTION "L", PAGE 1566, SAID POINT BEING ALSO
LOCATED AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED
PROPERTY ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID PUBLIC ALLEY;
THENCE PROCEED S. 220-58'-46" W. ALONG AND WITH SAID EASTERLY LINE,
SAME BEING THE WESTERLY LINES OF LOTS 14 THROUGH 9 OF BLOCK "A"
OF THE AFORESAID HOLLAND AND GRASSHAM SUBDIVISION, 300.02 FEET TO
THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF- WAY LINE
OF THE AFORESAID GOODMAN DRIVE; THENCE PROCEED N. 660-57-14" W.
ALONG AND WITH SAID NORTHERLY LINE, 16.00 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PROPERTY.
THE AFORESAID PROPERTY CONTAINS 4,800 SQUARE FEET OR 0.110 ACRES
AND IS SUBJECT TO DRAINAGE AND UTILITY RIGHTS OF OTHER ENTITIES.
THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY
PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS MCINTOSH & TREMPER,
INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY 42001, FROM A SURVEY
MADE OF A PORTION OF ADJACENT AND CONTIGUOUS PROPERTY
COMPLETED ON OR ABOUT NOVEMBER 20, 2002, THE PLAT OF SAID SURVEY
BEING OF RECORD IN PLAT SECTION "L", PAGE 935 OF THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
a. E & T Enterprises, LLC; Jorge Cardenas; 632 Lone Oak Road PWC, LLC; and
Adriana J. Cardenas and Jorge M. Cardenas, Jr., are the owners of property abutting the public way
which the Board of Commissioners has authorized to be closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made part hereof.
a. On the 20th day of April 2009, the Paducah Planning Commission of the City
of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the
City of Paducah closure of the aforesaid public way.
b. Written notice of the proposed closing was given to all property owners in or
abutting the public way or the portion thereof being closed as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
C. All property owners in or abutting the public way or the portion thereof being
closed have given their written notarized consent to the closing as is evidenced by the application for
street and/or alley closing which is attached hereto and made a part hereof.
SECTION 3. All requirements of KRS 82.405(1) and (2) having been met, the
Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as
described above, should be closed in accordance with the provisions of KRS 82.405.
SECTION 4. The Mayor is hereby authorized, empowered, and directed to execute a
quitclaim deed and all other documents from the City of Paducah to each of the property owners in
or abutting the public way to be closed with each to acquire title to that portion of the public way
contiguous to the property now owned by said property owners up to center line of the said public
way. Provided, however, that the City shall reserve such easements upon the above described real
property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any
easements affecting the herein described real property as described in Section 1 above.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, April 28, 2009
Adopted by the Board of Commissioners, May 12, 2009
Recorded by Tammara S. Brock, City Clerk, May 12, 2009
Published by The Paducah Sun, May 18, 2009
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