HomeMy WebLinkAbout2009-12-7637ORDINANCE NO. 2009-12-7637
AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED
ALLEY LOCATED NORTH OF DAVIS AVENUE BETWEEN SYCAMORE AND HICKORY
STREETS
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of an
unimproved alley located North of Davis Avenue between Sycamore and Hickory Streets, and being
more particularly described as follows:
BEING A 20 -FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK 19 OF THE L. D.
SANDERS ARCADIA SUBDIVISION, IN PADUCAH, MCCRACKEN COUNTY,
KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE INTERSECTION OF
SYCAMORE STREET AND DAVIS AVENUE, SAID POINT BEING 20 FEET EAST OF
PERPENDICULAR TO THE CENTERLINE OF SYCAMORE STREET AND BEING 20 FEET
NORTH OF AND PERPENDICULAR TO THE CENTERLINE OF DAVIS AVENUE;
THENCE ALONG THE NORTH RIGHT OF WAY LINE OF DAVIS AVENUE, 20 FEET
NORTH OF AND PARALLEL TO THE CENTERLINE THEREOF, N.53°16'28"E., 150.00 TO
AN 1/2"x24" DIAMETER REBAR WITH YELLOW PLASTIC CAP STAMPED "FMT ENGR
KPLS 2403" SET AT TIME OF THIS SURVEY, SAID REBAR BEING THE
SOUTHEASTERLY CORNER OF LOT 9, BLOCK 19 OF THE L.D. SANDERS ARCADIA
SUBDIVISION AS SHOWN IN PLAT SECTION "A", PAGE 218 OF THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE AND ALSO BEING THE POINT OF BEGINNING
FOR THE PROPERTY HEREIN DESCRIBED; THENCE ALONG THE EASTERLY
PROPERTY LINE OF LOTS 9, 10, 11, 12, 13, 14 AND 15 OF SAID BLOCK AND
SUBDIVISION, N.36°43'32"W., 303.09 FEET TO AN EXISTING REBAR AND CAP (1955)
FOUND, SAID REBAR LOCATED ON THE SOUTHERLY LINE OF THE JOE AND JEANE
FRAMPTOM PROPERTY AS DESCRIBED IN DEED BOOK 707, PAGE 719 OF SAID
CLERK'S OFFICE; THENCE PROCEED ALONG EAST LINE OF SAID FRAMPTOM' S
PROPERTY, N.42013'58"E., 20.38 FEET TO AN EXISTING REBAR AND CAP (1955)
FOUND, SAID MARKER BEING A COMMON CORNER WITH LOT 8 OF SAID BLOCK
AND SUBDIVISION; THENCE PROCEED ALONG WESTERLY PROPERTY LINE OF
LOTS 2, 3, 4, 5, 6, 7 AND 8 OF SAID BLOCK AND SUBDIVISION, S.36°43'32"E., 307.06
FEET TO A %2"x24" DIAMETER REBAR WITH YELLOW PLASTIC CAP STAMPED "FMT
ENGRS KPLS 2403" SET AT TIME OF THIS SURVEY, SAID REBAR BEING LOCATED
ON THE NORTHERLY RIGHT OF WAY LINE OF DAVIS AVENUE; THENCE PROCEED
ALONG SAID RIGHT OF WAY, 20 FEET FROM AND PARALLEL TO THE CENTERLINE
THEREOF, S.53016'28"W., 20.00 FEET TO THE POINT OF BEGINNING.
THE AFORESAID PROPERTY CONTAINS 6,101 SQUARE FEET OR 0.140 ACRES.
THE BEARINGS IN THIS DESCRIPTION ARE BASED ON A BEARING OF N.36043'32"W.
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE 20 FOOT WIDE PUBLIC
ALLEY AS SHOWN BY DUMMER SURVEYING & ENGINEERING SERVICES, INC.,
PLAT DATED OCTOBER 15, 2002.
BEING A 20 FOOT WIDE PUBLIC ALLEY AS SHOWN BY PLAT OF L.D. SANDERS
ARCADIA SUBDIVISION RECORDED IN PLAT SECTION "A", PAGE 218.
THE DESCRIPTION WAS DRAFTED BY LOREN E. KRUEGER, KENTUCKY
PROFESSIONAL LAND SURVEYOR NO. 2403, OF FARRIS MCINTOSH & TREMPER,
INC. 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY 42001.
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. Joseph H. Framptom and wife, Jeane B. Framptom, 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.
b. On the 16th day of November 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.
C. 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.
d. 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:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, November 24, 2009
Adopted by the Board of Commissioners, December 8, 2009
Recorded by Tammara S. Brock, City Clerk, December 8, 2009
Published by The Paducah Sun, December 14, 2009
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