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HomeMy WebLinkAbout2011-11-7884ORDINANCE NO. 2011-11-7884 AN ORDINANCE PROVIDING FOR THE CLOSING OF A 24' WIDE ALLEY LOCATED BETWEEN 27TH AND 28TH STREETS AND WASHINGTON STREET AND CLOSED KENTUCKY AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a 24' wide alley located between 27th and 281'' Streets and Washington Street and Closed Kentucky Avenue, and being more particularly described as follows: PROPERTY DESCRIPTION 24' WIDE PUBLIC ALLEY BEING A 24 FOOT WIDE PUBLIC ALLEY LOCATED BETWEEN 27th STREET AND 28th STREET, ADJACENT TO THE WESTERN BAPTIST HOSPITAL PROPERTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A/2" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE EASTERLY RIGHT-OF-WAY LINE OF 28TH STREET HAVING A 60 FOOT WIDE RIGHT-OF-WAY AND ALSO BEING THE NORTHWEST CORNER OF THE CITY OF PADUCAH, KENTUCKY PROPERTY OF RECORD IN DEED BOOK 833, PAGE 110; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF 28TH STREET, N.28001'30"W., 120.29 FEET TO A '/2" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE SOUTHWESTERLY CORNER OF SAID 24 FOOT WIDE PUBLIC ALLEY AND ALSO BEING A COMMON CORNER WITH THE BAPTIST HEALTHCARE SYSTEMS, INC PROPERTY OF RECORD IN DEED BOOK 787, PAGE 547 IN THE McCRACKEN COUNTY COURT CLERK'S OFFICE AND ALSO BEING THE POINT OF BEGINNING OF THE 24' WIDE PUBLIC ALLEY HEREIN DESCRIBED; THENCE FROM SAID POINT OF BEGINNING AND ALONG THE EASTERLY RIGHT- OF-WAY LINE OF 28TH STREET, N.28001'30"W., 24.00 FEET TO A '/2" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE NORTHWESTERLY CORNER OF SAID 24 FOOT WIDE PUBLIC ALLEY; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 24 FOOT WIDE PUBLIC ALLEY, BEING A COMMON LINE WITH BAPTIST HEALTHCARE SYSTEMS, INC. PROPERTY OF RECOD IN DEED BOOK 804, PAGE 426, DEED BOOK 868, PAGE 78 AND BAPTIST HOSPITALS, INC. PROPERTY OF RECORD IN DEED BOOK 748, PAGE 760, DEED BOOK 758, PAGE 403, ALL IN SAID CLERK'S OFICE, N.61°55'38"E., 400.00 FEET TO A %" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE NORTHEASTERLY CORNER OF SAID 24' WIDE PUBLIC ALLEY; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF 27TH STREET, S.28001'30"E., 24.00 FEET TO A 1/2" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE SOUTHEASTERLY CORNER OF SAID 24 FOOT WIDE PUBLIC ALLEY; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 24 FOOT WIDE PUBLIC ALLEY, BEING A COMMON LINE WITH BAPTIST HEALTHCARE SYSTEMS, INC. PROPERTY OF RECORD IN DEED BOOK 787, PAGE 547, DEED BOOK 874, PAGE 526, DEED BOOK 876, PAGE 567, DEED BOOK 882, PAGE 261, DEED BOOK 897, PAGE 739, DEED BOOK 922, PAGE 777, DEED BOOK 953, PAGE 503, ALL IN SAID CLERK'S OFFICE, S.61055'38"W., 400.00 FEET TO THE POINT OF BEGINNING, CONTAINING 000 SQUARE FEET OR 0.00 ACRE.. BEARINGS IN THIS DESRIPTION ARE BASED UPON A RECORD BEARING OF S.62000'00"W. AS SHOWN BY RECORD PLAT IN PLAT SECTION "L", PAGE 1323, DATED DECEMBER 21, 2004. THIS DESCRIPTION WAS PREPARED BY LOREN E. KRUEGER, KENTUCKY PROFESSIONAL LAND SURVEYOR # 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. Western Baptist Hospital is the sole owner 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 7th day of November, 2011, 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 the plat and all necessary 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 Cleric Introduced by the Board of Commissioners, November 22, 2011 Adopted by the Board of Commissioners, November 29, 2011 Recorded by Tammara S. Brock, City Clerk, November 29, 2011 Published by The Paducah Sun, December 5, 2011 \ord\eng\stclose\alley-27th-281h Washington & Closed KY Ave