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HomeMy WebLinkAbout2016-09-8419ORDINANCE NO. 2016-9-8419 AN ORDINANCE PROVIDING FOR THE CLOSING OF NORTH 29' STREET BETWEEN TRIMBLE STREET AND CLAY STREET AND BETWEEN CLAY STREET AND HARRISON STREET, 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 North 29' Street between Trimble Street and Clay Street and between Clay Street and Harrison Street as follows: A PORTION OF NORTH 29th STREET BETWEEN CLAY STREET & TRIMBLE STREET BEING A 0.477 ACRE TRACT OF LAND LYING WITHIN THE CITY LIMITS OF PADUCAH, KY, McCRACKEN COUNTY AND BEING A PORTION OF AN UN- DEVELOPED SECTION OF NORTH 29th STREET LYING BETWEEN CLAY STREET AND TRIMBLE STREET AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT, SAID POINT BEING A REFERENCE POINT LOCATED IN THE CENTERLINE OF TRIMBLE STREET AND BEING 895.00 FEET EASTERLY FROM THE CENTERLINE INTERSECTION OF TRIMBLE STREET AND NORTH 30TH STREET; THENCE SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A DISTANCE OF 33.00 FEET TO AN EXISTING 4 INCH BY 4 INCH CONCRETE MONUMENT LOCATED AT THE SOUTH WEST RIGHT-OF-WAY INTERSECTION OF TRIMBLE STREET AND NORTH 29TH STREET AND ALSO BEING THE NORTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT AND THE POINT OF BEGINNING; THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF TRIMBLE STREET, NORTH 64 DEGREES 59 MINUTES 19 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A %2" INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LOCATED AT THE SOUTH EAST RIGHT-OF-WAY INTERSECTION OF TRIMBLE STREET AND NORTH 291H STREET AND BEING THE NORTH EAST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF NORTH 291H STREET, SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A DISTANCE OF 346.50' FEET TO A 1/2 " INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LYING AT THE NORTH EAST RIGHT-OF-WAY INTERSECTION OF CLAY STREET AND NORTH 29TH STREET AND BEING THE SOUTH EAST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF CLAY STREET, SOUTH 64 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A Y2 "INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LYING AT THE NORTH WEST RIGHT-OF-WAY INTERSECTION OF CLAY STREET AND NORTH 29TH STREET AND BEING THE SOUTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE WEST RIGHT-OF-WAY LINE OF NORTH 29TH STREET, NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A DISTANCE OF 346.50' FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED 0.477 ACRE TRACT OF LAND BEING A PORTION OF NORTH 29TH STREET DEDICATED TO THE CITY OF PADUCAH BY PLAT OF THE CALDWELL — MALLORY ADDITION TO THE CITY OF PADUCAH RECORDED IN PLAT SECTION "A", PAGE 288 & 289 ON MAY 17, 1937 AND BEING THE UN -DEVELOPED PORTION OF NORTH 29TH STREET THAT LIES BETWEEN TRIMBLE STREET AND CLAY STREET. THE ABOVE DESCRIPTION IS BASED ON A SURVEY CONDUCTED BY SITEWORX SURVEY AND DESIGN LLC A PORTION OF NORTH 291h STREET BETWEEN CLAY STREET & HARRISON STREET BEING A 0.477 ACRE TRACT OF LAND LYING WITHIN THE CITY LIMITS OF PADUCAH, KY, McCRACKEN COUNTY AND BEING A PORTION OF AN UN -DEVELOPED SECTION OF NORTH 29th STREET LYING BETWEEN CLAY STREET AND HARRISON STREET AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT, SAID POINT BEING A REFERENCE POINT LOCATED IN THE CENTERLINE OF HARRISON STREET AND BEING 955.00 FEET EASTERLY FROM THE CENTERLINE INTERSECTION OF HARRISON STREET AND NORTH 30Th STREET; THENCE NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A DISTANCE OF 33.00 FEET TO A % INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LOCATED AT THE NORTH EAST RIGHT-OF-WAY INTERSECTION OF HARRISON STREET AND NORTH 2e STREET AND ALSO BEING THE SOUTH EAST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT AND THE POINT OF BEGINNING; THENCE ALONG AND WITH THE NORTH RIGHT-OF-WAY LINE OF HARRISON STREET, SOUTH 64 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A %2" INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LOCATED AT THE NORTH WEST RIGHT-OF-WAY INTERSECTION OF HARRISON STREET AND NORTH 29TH STREET AND BEING THE SOUTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE WEST RIGHT-OF-WAY LINE OF NORTH 29TH STREET, NORTH 25 DEGREES 00 MINUTES 41 SECONDS WEST, A DISTANCE OF 346.50' FEET TO A'h INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LYING AT THE SOUTH WEST RIGHT-OF-WAY INTERSECTION OF CLAY STREET AND NORTH 29TH STREET AND BEING THE NORTH WEST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE SOUTH RIGHT-OF-WAY LINE OF CLAY STREET, NORTH 64 DEGREES 59 MINUTES 19 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A'/ INCH BY 24 INCH IRON PIN AND CAP #3732 SET AND LYING AT THE SOUTH EAST RIGHT-OF-WAY INTERSECTION OF CLAY STREET AND NORTH 29TH STREET AND BEING THE NORTH EAST CORNER OF THIS HEREIN DESCRIBED 0.477 ACRE TRACT; THENCE ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF NORTH 29TH STREET, SOUTH 25 DEGREES 00 MINUTES 41 SECONDS EAST, A DISTANCE OF 346.50' FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED 0.477 ACRE TRACT OF LAND BEING A PORTION OF NORTH 29TH STREET DEDICATED TO THE CITY OF PADUCAH BY PLAT OF THE CALDWELL - MALLORY ADDITION TO THE CITY OF PADUCAH RECORDED IN PLAT SECTION "A", PAGE 288 & 289 ON MAY 17, 1937 AND BEING THE UN -DEVELOPED PORTION OF NORTH 29TH STREET THAT LIES BETWEEN HARRISON STREET AND CLAY STREET. THE ABOVE DESCRIPTION IS BASED ON A SURVEY CONDUCTED BY SITEWORX SURVEY AND DESIGN LLC 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. Linn Grove Properties, LLC is the 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 15th day of August, 2016, 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. 536 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 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. Tem ATTEST: J"L40--=- Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, September 6, 2016 Adopted by the Board of Commissioners, September 13, 2016 Recorded by Tammara S. Sanderson, City Clerk, September 13, 2016 Published by The Paducah Sun, September 16, 2016 \ord\eng\st close\29th & Harrison CERTIFICATION I, Tammara S. Sanderson, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. 2016-9-8419 adopted by the Board of Commissioners of the City of Paducah at a meeting held on September 13, 2016. City Clerk 537