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HomeMy WebLinkAbout2018-11-8557ORDINANCE NO. 2018-11-8557 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY RUNNING PARALLEL BETWEEN MURRAY AVENUE AND BROWN STREET, EAST OF D.A.V. 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 an alley running parallel between Murray Avenue and Brown Street, East of D.A.V. Drive, and being more particularly described as follows: Tract A A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) 20.00 feet east of the centerline of D.A.V. Drive, said — centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the Disabled American Veterans Chapter 97 property described in Deed Book 834, Page 306 to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a Mag nail with washer stamped "2900" (set) 20.00 feet east of the centerline of D.A.V. Drive; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet along the east right of way of D.A.V. Drive to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract B A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 and Deed Book 648, Page 618, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the Disabled American Veterans Chapter 47 property described in Deed Book 648, Page 618 to an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900"(found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract C A certain portion of a 15 foot wide alley containing 0.0344 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found) in the south line of the Larry Caldwell property described in Deed Book 1103, Page 642 and Deed Book 1259, Page 359, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 200.00 feet along the north line of a 15 foot wide alley and the south line of the Larry Caldwell property recorded in Plat Section "M", Page 913 to an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 200.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The westernmost 80.00 feet of the above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the easement. Tract D A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found) at the southwest corner of the MDF Atlas Holdings, LLC property described in Deed Book 1265, Page 630, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract E A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) at the southwest corner of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract F A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract G A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a Mag nail with washer stamped "2900" (set) in the centerline of a 15 foot wide alley, said point being located 20.00 feet east of the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a point, [and passing through a 1/2" diameter rebar with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 4.50 feet]; Thence along the north line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a Mag nail with washer stamped "2900" (set), said point being located 20.00 feet east of the centerline of D.A.V. Drive; Thence along the east line of D.A.V. Drive North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract H A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet [and passing through a 1/2" diameter rebar with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 3.00 feet] to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract I A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract J A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 140.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Larry Caldwell property described in Deed Book 811, Page 600 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract K A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 180.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a point; Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract L A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a point in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 220.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract M A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 260.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract N A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract O A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence along the north line of the George Etheridge Estate property described in Deed Book 221, Page 241 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract P A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set) at a common corner to the Tobby and Stacey Haines property described in Deed Book 1357, Page 771 and Deed Book 1030, Page 20, recorded in Plat Section "K", Page 324; Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence along the north line of the Tobby and Stacey Haines property North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. 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. Disabled American Veterans Chapter # 7, Larry Caldwell, MDF Atlas Holdings, Tobby & Stacey Haines, Elva Brown and Joan Bruyns, 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 Exhibit A and made part hereof. b. On the 201h day of August, 2018, 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 above mentioned 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. One property owner, known as George Etheridge Estate, whose land adjoins the public right-of-way proposed to be closed has not signed the application for street and/or alley closing and the plat. Therefore, applicant Larry Caldwell has signed a Public Right -Of -Way Closure Guarantee, as attached hereto Exhibit B and made a part hereof, agreeing to be personally liable for and shall promptly pay all damages, including attorney fees, that may be awarded pursuant to KRS 82.405 in any civil action for the closing of the Public Right -of -Way. SECTION 4. All requirements of KRS 82.405(1), (2), (3) and (4) 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 5. 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 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ] Brandi Harless, Mayor ATTEST: Lindsay Parish, City Cl •k Introduced by the Board of Commissioners, November 13, 2018 Adopted by the Board of Commissioners, November 27, 2018 Recorded by Lindsay Parish, City Clerk, November 27, 2018 Published by The Paducah Sun, November 30, 2018 \ord\eng\stclosing\alley-Brown St & Murray Ave CERTIFICATION I, Lindsay Parish, 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. 2018-11-8557 adopted by the Board of Commissioners of the City of Paducah at a meeting held on November 27, 2018. City Clerk Exhibit A CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Date: _ 10-dul-18 Application Is hereby made to the Mayor and Board of Commissloners for the closing of Public Right -of -Way:, 15' Alley lying east of D.A.V. Dr between Brown St It Murray Ave. included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) Copies of a Plat slowing the Public Right -&-Way to be closed. This Appli 11 Indicating consent of the Public Right -of -Way closure, hes been signed and notaraed by all real properly owners whose land adjoins the portion of Public Rlghtof--Way proposed to be dosed. If the application is not signed by all adjoining nod property owners, the"Public Right-cf-Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners: —V 0 Y -signature of Property Owner Larry Caldwell Property Owners Name Printed 1018 Brown St. Paducah, KY 42003 Address I Signature of Ptoperty Winer Elva Brown Property Owners Name Printed 1131 MWAVOPaducah,KY42003 Address STATE OF KENTUCKY t COUNTY OF MCCRACKEN ) The foregoing instrument Ma swum lo and ecknowledgel before pre this ?50 day of 20 try L—Al My Commls STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) gna ure of Property owel Joan Bruyns Property Owners Name Printed 1137 Murray Ave Paducah, KY42003 Address :Signature ca Property Owner . 1,A16�£'�5nst71' (�oKMM.rD� Disabled Ameun Vererans Chacler#7 Property Owners Nerve Printed 1133 Murray Ave Paducah, KY 42003 Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The Poregoing krstrumentwas swo ie and admowleryq� before this � day . i�l — bq _ *1 n,Pai V i , IN STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was awor MY p3 JIG STATE OF KENTUCKY o COUNTY OFMaCRACKEN Signature of Property Owner MuG'�N§ MDFFA% tlas Ho IGrngs, LLC Property Owners Name Printed PO Box 610 Paducah, KY 42002 Address tgnabne of Property Owner Tobby Haines Property Owner's Name Printed 1907 Irvin Cobb Or Paducah. KY 42003 A, Sig of P vner Stacy Haines Property Owners Name Printed 1907 Irvin Cobb Or Paducah, KY 42003 Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was swum beforeme this tlay of 6y e My Commission STATE OF KENTUCKY ) COUNTY OF MCCRACKEN i The foregoing Instrument was sworn to and acknowledged before me tlds_ day of 20_, by My Commission expires Exhibit B Notary Public, Stets at Large SEAL va y� t W CITY O PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY Date: October 25, 2018 If all real property owners whose land adjoins the Public Right -of -Way proposed to be closed have not signed the Application and the Plat, then the following guarantee shall be executed by the Applicant and notarized: The undersigned Applicant unconditionally Guarantees that I shall be personally liable for and shall promptly pay all damages, including abomey fees, that may be awarded pursuant to KRS 82.405 in any ervil action for the closing of the Public Rightof-Way named herein. Public Rightof-Way. 15' Alley lying east of D.A.V. Dr. between Brown St & Murray Ave. 'q , r'""' Signature of Property Owner Larry Caldwell Property Owner's Name Printed 1016 Brown St Paducah, KY 42003 Address STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was swum to and acknowledged before me thls day of October 20_L8, tryLarry Caldw l My Commission ees o . 2 1 I _--` \j lic, State. #450i9 - — SEAL' =y.