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HomeMy WebLinkAbout2016-09-8420ORDINANCE NO. 2016-9-8420 AN ORDINANCE PROVIDING FOR THE CLOSING OF YOPP STREET BETWEEN 3220 AND 3300 WAYNE SULLIVAN DRIVE, 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 Yopp Street between 3220 and 3300 Wayne Sullivan Drive as follows: Lying on the Northeasterly side of Wayne Sullivan Drive and being Yopp Street as shown on Revised Plat of Yopp-Roof Industrial Park and John W. Keiler II property recorded in Plat Section "G", page 219, McCracken County Court Clerks office and being in the City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing %2" rebar with cap no. 1955 in the Northeasterly right-of- way line of Wayne Sullivan Drive at its intersection with the Northerly right-of-way line of Yopp Street as shown on Revised Plat of Yopp-Roof Industrial Park and John W. Keiler II property recorded in Plat Section "G", page 219; THENCE FROM SAID POINT OF BEGINNING N 49019'37" E with the Northerly right-of- way line of said Yopp Street 482.67 feet to an existing %" rebar with cap no. 1955 at its Northeasterly corner thereof and in the Southwesterly right-of-way of the City of Paducah Floodwall per Deed Book 200, page 83; thence S 40007'38" E with the Southwesterly right-of-way of said City of Paducah Floodwall 60.00 feet to an existing %" rebar with cap (Tosh) at the Southeasterly end of said Yopp Street; thence S 49019'37" W with the Southerly right-of-way line of said Yopp Street 482.10 feet to a point in the Northeasterly right-of-way line of aforesaid Wayne Sullivan Drive; thence N 40040'23" W with the Northeasterly right-of-way line of said Wayne Sullivan Drive 60.00 feet to the Point of Beginning and containing 28,942 square feet as shown on Plat of Yopp Street Closing prepared by Hunter Martin & Associates, Inc. dated July 21, 2016. The above legal description was written by Rod H. Martin, Kentucky Licensed Professional Land Surveyor, on the 22 t day of August. 2016, and is correct to the best of my knowledge and belief. Kentucky Licensed Professional Land Surveyor No. 2105 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. T & S 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 22nd 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. 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. 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 _deg) and will effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson, City Clerk Tem 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\Yopp 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. 2016-9-8420 adopted by the Board of Commissioners of the City of Paducah at a meeting held on September 13, 2016. City Clerk 539