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HomeMy WebLinkAbout2017-07-8491ORDINANCE NO. 2017-7-8491 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY BETWEEN 2054 AND 2062 BROAD 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 an alley between 2054 and 2062 Broad Street, and being more particularly described as follows: LEGAL DESCRIPTION OF ALLEY CLOSURE (2,010 SQUARE FEET) Lying on the Southeasterly side of Broad Street and being an existing 15 foot alley as shown in Block 1 to Mollie O. Allen Addition to the City or Paducah recorded in Plat Section "A" page 66, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a 1/z" rebar with cap no. 2105 set in the Southeasterly right-of-way line of Broad Street at its intersection with the Southwesterly line of a 15 foot unimproved alley as shown in Block 1 to Mollie O. Allen Addition to the City of Paducah recorded in Plat Section "A", page 66, said point being S 46027'39" E 30.00 feet from a point in the centerline of said Broad Street that is N 43°32'21" E as measured along said centerline 856.68 feet from its intersection with the centerline of Brown Street; THENCE FROM SAID POINT OF BEGINNING N 43032'21" E with the Southeasterly right-of- way line of said Broad Street 15.00 feet to a %2" rebar with cap no. 2105 set at its intersection with the Northeasterly line of said 15 foot unimproved alley as shown in said Block 1 to Mollie O. Allen Addition to the City of Paducah recorded in Plat Section "A", page 66 and at the Southwesterly corner of the Bradley S. and Susan L. Brown property per Deed Book 1304, page 602; thence S 46°27'39" E with the Northeasterly line of said 15.00 foot alley and the Southwesterly line of the Bradley S. and Susan L. Brown property per Deed Book 1304, page 602, 140.00 feet to a 1/2" rebar with cap no. 2105 set at the Southeasterly corner of said Brown property per Deed Book 1304, page 602; thence S 43°32'21" W on a new division line 15.00 feet to a 1/2" rebar with cap no. 2105 set at a new property corner in the Southwesterly line of said 15 foot alley and in the Northeasterly line of the Donna Hardy property per Deed Book 1221, page 318; thence N 46°27'39" W with the Southwesterly line of said 15 foot alley and Northeasterly line of said Hardy property per Deed Book 1221, page 318, 140.00 feet to the Point of Beginning and containing 2,010 square feet as shown on "Alley Closure for Bradley S. and Susan L. Brown" prepared by Shawnee Professional Services" dated April 27, 2017. The above Legal Description was written by Rod H. Martin, Kentucky Licensed Surveyor, on the 27th day of April, 2017 and is correct to the best of my knowledge and belief. 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. Susan Brown and Donna Hardy are the owners 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 May, 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. 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: 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\st close\alley — 2054 & 2062 Broad 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 Ordinance No. 2017-7-8491 adopted by the Board of Commissioners of the City of Paducah at a meeting held on July 11, 2017. City Clerk 95