HomeMy WebLinkAboutMO # 1955MUNICIPAL ORDER NO. 1955
A MUNICIPAL ORDER PROVIDING FOR THE CLOSING OF HIGH STREET
BETWEEN SHERWOOD ROAD AND ALAMEDA DRIVE, AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of High
Street between Sherwood Road and Alameda Drive:
A certain portion of a street right of way known as High Street containing 0.1308
acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying
& Engineering Services, Inc. of Paducah, KY on August 10, 2016 located
between Alameda Drive and Sherwood Road in Paducah, McCracken County,
Kentucky as being more particularly described as follows:
Beginning at a rebar and cap (set) in the right of way centerline of High St, said
point being located South 24 Degrees 33 Minutes 34 Seconds East for a distance
of 25.00 feet from the centerline intersection of High Street and Alameda Drive,
[all rebars and caps (set) are 1/2" diameter by 18" long rebars with a plastic cap
stamped "R.TOSH KYPLS2900];
Thence from the point of beginning North 65 Degrees 26 Minutes 26 Seconds
East for a distance of 25.00 feet with the projection of the south right of way of
Alameda Drive to a rebar and cap (set) in the east right of way of High Street;
Thence South 24 Degrees 33 Minutes 34 Seconds East for a distance of 106.97
feet with the west line of the Russell & Julie Wagner property described in Deed
Book 897, Page 221 to a 1/2" diameter rebar and cap stamped "DH DUMMER
PLS 1955" (found);
Thence South 49 Degrees 47 Minutes 59 Seconds West for a distance of 25.96
feet with another line of Wagner to a rebar and cap (set) in the right of way
centerline of High Street;
Thence South 49 Degrees 47 Minutes 59 Seconds West for a distance of 25.96
feet along a common line with another line of Wagner and passing thought a 1/2"
diameter rebar (found) at 21.55 feet at the north west corner of the Patrick &
Anna Cairney property described in Deed Book 1067, Page 585, to a 4" square
concrete monument (found);
Thence North 24 Degrees 33 Minutes 34 Seconds West for a distance of 120.97
feet with the east line of the Icy L. Gardner property described in Deed Book 855,
Page 55 to a rebar and cap (set) on the south right of way of Alameda Drive;
Thence North 65 Degrees 26 Minutes 26 Seconds East for a distance of 25.00
feet with the projection of the south right of way of Alameda Drive to the point of
beginning.
Together with and subject to covenants, easements, right of ways and restrictions
of record and in existence.
This tract of land is subject to a public utility and storm water drainage easement.
See "Plat of Survey of a Portion of High Street."
The bearings described herein are based on a record bearing of North 49
Degrees 37 Minutes 13 Seconds East along the north right of way of Sherwood
Road as recorded in Plat Section "J, Page 1246.
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. Russell and Julie Wagner and Icy Gardner are the owners of property
abutting the public way which the Board of Commissioners has authorized to be closed as is
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evidenced by the application for street and/or alley closing which is attached hereto and made
part hereof.
b. On the 6th day of March, 2017, 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 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 Order shall be in full force and effect from and after the date
of its adoption.
ATTEST:
Tammara S. Sanderson, City Clerk
Mayor
Adopted by the Board of Commissioners, March 14, 2017
Recorded by Tammara S. Sanderson, City Clerk, March 14, 2017
\mo\st close -high street
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 Municipal Order No. 1955 adopted by the Board
of Commissioners of the City of Paducah at a meeting held on March 14, 2017.
City Clerk
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