HomeMy WebLinkAbout2006-5-7118694
ORDINANCE NO. 2006-5-7118
AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED
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ALLEY LOCATED OFF SOUTH 8TH STREET, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL NECESSARY DOCUMENTS FOR COMPLETION OF SAID CLOSING
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of an
undeveloped alley located off South 8th Street, and being more particularly described as follows:
Lying on the Westerly side of Eighth Street and running parallel with Clark
Street and being in the City of Paducah, McCracken County, Kentucky and
more particularly bounded and described as follows to wit:
Beginning at a point in the Westerly right-of-way line of Eighth Street (30 feet
from the centerline thereof) at its intersection with the Northeasterly corner of
an 8.25 foot alley, the Southeasterly corner of the Insurance Today, Inc.
property recorded in Deed Book 1063, Page 262, said point being 105.00
feet as measured Southeastwardly along said Westerly right-of-way line from
an existing 4 inch by 4 inch concrete monument with rebar in center found at
its intersection with the Southerly right-of-way line of Clark Street; THENCE
FROM SAID POINT OF BEGINNING Southwestwardly with the Southerly
line of said Insurance Today, Inc. property 105.50 feet to a %2 inch rebar with
Cap No. 2105, set at the Southwesterly corner of the Nick Coovert property
recorded in Deed Book 980, Page 535 and also being the Northwesterly
corner of said 8.25 foot alley, and passing a %2 inch rebar with Cap. No. 2105
at 36.00 feet, a common corner to the Insurance Today, Inc. property
-' recorded in Deed Book 1063, Page 262 and the Dennis and Terri Fentress
Property recorded in Deed Book 969, Page 640 and passing another %2 inch
rebar with Cap No. 2105 at 76.00 feet, a common corner to said Fentress
property and the Nick Coovert property recorded in Deed Book 980, page
535; thence Southeasterly with an interior angle of 900 00' 00", 8.25 feet to a
%2 inch rebar with Cap No. 2105 set at the Northwesterly corner of the
Insurance Today, Inc. property recorded in Deed Book 1063, Page 259;
thence Northeasterly with an interior angle of 900 00' 00", 105.50 feet to the
Southeasterly corner of said 8.25 foot alley and the Northeasterly corner of
the aforesaid Insurance Today, Inc. property; thence Northwestwardly with
an interior angle of 900 00' 00" and with the Right of Way line of Eighth Street
8.25 feet to a %2" rebar with Cap No. 2105, the point of beginning, making a
closing interior angle of 900 00' 00" and containing 870.4 square feet as
shown on "Proposed Alley Closing for Insurance Today, Inc." prepared by
Hunter Martin & Associates, Inc. dated, 2/20/2006.
The above legal description was written by Rod H. Martin, Kentucky
Licensed Professional Land Surveyor, on the 20th day of February 2006, 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. Dennis and Terri Fentress, Nick Coovert, and Insurance Today, Inc., are
the owners of property abutting the public way, which the Board of
Commissioners has authorized to be closed as is evidenced by the
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application for street and/or alley closing which is attached hereto and
made part hereof.
b. On the 17th day of April 2006, 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. The City of Paducah hereby authorizes the Mayor to sign the plat of
survey titled, "Proposed Alley Closing for Insurance Today, Inc., for 8th Street and Clark Street".
SECTION 6. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, April 25, 2006
Adopted by the Board of Commissioners, May 9, 2006
Recorded by Tammara S. Brock, City Clerk, May 9, 2006
Published by The Paducah Sun, May 16, 2006
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Mayor