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HomeMy WebLinkAbout2017-07-8490ORDINANCE NO. 2017-7-8490 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY FROM KENTUCKY AVENUE TO THE ALLEY ORIGINATING AT MARINE WAY, 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 the bricked paved portion of an alley from Kentucky Avenue to the alley originating at Marine Way, and being more particularly described as follows: BEING A 23.25 FOOT WIDE ALLEY LOCATED ON THE SOUTHERLY SIDE OF KENTUCKY AVENUE, BETWEEN THE WESTERLY RIGHT-OF-WAY LINE OF 2nd STREET AND THE EASTERLY RIGHT-OF-WAY LINE OF 3rd STREET AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A MAG NAIL WITH SHINER (#2403) SET AT THE NORTHEAST CORNER OF SAID ALLEY, LOCATED ON THE SOUTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE, S 64058'40" W, 150.00 FEET FROM THE SOUTHWEST INTERSECTION OF THE RIGHT-OF-WAY LINES OF KENTUCKY AVENUE AND 2nd STREET; THENCE LEAVING SAID KENTUCKY AVENUE AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID ALLEY, S 25°01'20" E, 150.00 FEET; THENCE S 64058'40" W, 1.00 FOOT TO A MAG NAIL WITH SHINER (#2403) SET AND CONTINUING S 64°58'40" W, 22.25 FEET FOR A TOTAL DISTANCE OF 23.25 FEET TO A MAG NAIL WITH SHINER (#2403) SET ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID ALLEY; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID ALLEY, N 25001'20" W, 150.00 FEET TO A MAG NAIL WITH SHINER (#2403) SET ON THE SOUTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE, 33 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, N 64°58'40" E, 23.25 FEET TO THE POINT OF BEGINNING, CONTAINING 3488 SQUARE FEET. BEARINGS IN THE ABOVE DESCRIPTION ARE BASED UPON KENTUCKY STATE PLANE COORDINATES, SOUTH ZONE (1602), NAD 83. THIS DESCRIPTION IS PREPARED BY SITEWORX SURVEY AND DESIGN, LLC, 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. Mike Chumbler, Paul Gourieux, and Keith Murt are the owners of property abutting the public way which the Board of Commissioners has authorized to be closed as is X evidenced by the application for street and/or alley closing which is attached hereto and made part hereof. b. On the 5th day of June, 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 ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: IMWndW � LJ400--- Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 27, 2017 Adopted by the Board of Commissioners, July 11, 2017 Recorded by Tammara S. Sanderson, City Clerk, July 11, 2017 Published by The Paducah Sun, July 14, 2017 \ord\eng\stclosing\alley-Ky Ave & Marine Way 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. 2017-7-8490 adopted by the Board of Commissioners of the City of Paducah at a meeting held on July 11, 2017. City Clerk ON