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HomeMy WebLinkAbout2010-7-7712ORDINANCE NO. 2010-7-7712 AN ORDINANCE AUTHORIZING THE MAYOR TO RELEASE RESTRICTIVE COVENANT ON PARK AVENUE PROPERTY NOW OWNED BY NEWCOMB REALTY, LLC AND SPEEDWASH AMERICA, LLC - WHEREAS, in 1954, the City of Paducah was granted a restrictive covenant prohibiting all but residential usage of certain property bound by Park Avenue, Thompson Avenue (now H.C. Mathis Drive), 26th Street and the former Mason Avenue, said restrictive covenant appearing of record at Deed Book 358, Page 185, in the Office of the McCracken County Clerk; and WHEREAS, the City of Paducah subsequently adopted comprehensive planning and zoning pursuant to KRS Chapter 100, as set forth in Chapter 126 of the Code of Ordinances; and WHEREAS, the City of Paducah rezoned the property in question to permit commercial development in contravention of the restrictive covenant; and WHEREAS, the owners of the property have requested release of the recorded restriction without waiver of the City's regulatory authority under Chapter 126 of the Code of Ordinances. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1: The City Commission does hereby approve the release of the restrictive covenant without waiver appearing of record at Deed Book 358, Page 185, of the City's regulatory authority under Chapter 126 of the Code of Ordinances. SECTION 2: The City Commission hereby authorizes the Mayor to execute appropriate documents to effectuate the release of the covenant. SECTION 3: This Ordinance shall be read on two separate days and will be effective upon summary publication pursuant to KRS Ch. 424. ATTEST: jWMqy1&W - 4AX C4 Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, July 13, 2010 Adopted by the Board of Commissions, July 27, 2010 Recorded by Tammara S. Brock, City Clerk, July 27, 2010 Published by The Paducah Sun, August 3, 2010 Ord\restrictive covenant release -2600 he mathis