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HomeMy WebLinkAbout2021-03-8677ORDINANCE NO. 2021-03-8677 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY EXTENDING NORTHWEST OF IRVIN COBB DRIVE BETWEEN 2170 & 2190 IRVIN COBB 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 extending northwest of Irvin Cobb Drive as follows: LEGAL DESCRIPTION ALLEY RIGHT OF WAY CLOSURE A certain alley right of way containing 0.1134 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 27, 2020, located on the north side of U.S. Highway 62 (aka Irvin Cobb Drive) and west of Bridge Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a magnetic observation taken in 1994 as shown on plat recorded in Plat Section "U', Page 1210. 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 and washer stamped "2900" (set), 30.00 feet north of the centerline of U.S. Highway 62, said centerline point being located 570.65 feet west of the centerline intersection of U.S. Highway 62 and Bridge Street; Thence from the point of beginning along a curve to the right and an arc length of 17.00 feet, having a radius of 924.93 feet, being subtended by a chord bearing of South 73 Degrees 05 Minutes 31 Seconds West, for a distance of 17.00 feet, to a mag nail and washer stamped "2900" (set), 30.00 feet north of the highway centerline; Thence North 44 Degrees 56 Minutes 40 Seconds West for a distance of 321.85 feet with the west line of the alley right of way and the east line of the Amerco Real Estate property formerly U -Haul Real Estate Co. property described in Deed Book 738, Page 782 to a 1" diameter iron pipe (found); Thence North 20 Degrees 42 Minutes 04 Seconds East for a distance of 16.46 feet with a line common to the Vilson and Ariana Qehaja property described in Deed Book 1320, Page 194 to a rebar and cap (set); Thence South 44 Degrees 56 Minutes 40 Seconds East for a distance of 336.62 feet with the east line of the alley right of way and common line to the Amerco Real Estate property described in Deed Book 770, Page 336, and the Amerco Real Estate property formerly U -Haul Real Estate properties described in Deed Book 738, Page 785 and Deed Book 738, Page 779 to the point of beginning. Together with and 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. Amerco Real Estate owns the 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 February, 2021, 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 YRS 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. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street closing as authorized 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. eorge Bray, Mayor ATTEST: �dsay Parish, Ci lerk Introduced by the Board of Commissioners, March 9, 2021 Adopted by the Board of Commissioners, March 23, 2021 Recorded by Lindsay Parish, City Clerk, March 23, 2021 Published by The Paducah Sun, March 31, 2021 \ord\eng\st close\alley — 2170 & 2190 Irvin Cobb Drive 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. 2021-03-8677 adopted by the Board of Commissioners of the City of Paducah at a meeting held on March 23, 2021. City Clerk Exhibit A zru +tCITY OF y h nPUBLIC RIGHT-OF-WAY CLOSURE APPLICATION ©ate. ,application is hereby made to the Mayor end Board of Commissioners for the closing of Public Right-of-Waylocated on the north side of Irvin Cobb far and west of Bridge St Included herewith is a filing fee of Five Hundred ®otiars ($500) tdgetherwith twenty (20)copies of Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all (real prWrly owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the 'Pubiio Right -of -Way Closure Cuamntea' must he attached. Respectfully submttted by all adjoining property owners: 9 Matthew F. Braccia, President Property Owners Name Printed A rnerm Real Estaba Co. 2727 N. Central Ave 5N Phoenix, AZ 85004 Signature of Property Owner STATE OF COUNTY OF The foregoing Inslrugfant avmrn to and acknowledged before me this dayef .240 by Matthew F. araoda, President of U -Haut Real Estate Co. My Commissamev-1pmr-_- STATE OF COUNTY OF The foregoing Instrument was swum to and acknawredgad before me this_ day of 20_, by Matthew F. afaccla, President of nmereo Boal Estate co. My Camnalwon expires Notary Public. State al Large SEAL (!D CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE GUARANTEE Date: 1 -N 16 If all real properly owners whose land adjoins the Public Right -of -Way proposed to be closed have not eionedi the Application and the Plat, than the following guarantee shall be executed by all Applicants and notarized; The undersigned Applicant(s) unconditionally Guarantee that lAve shall be personally Cable for and shall promptly pay alk 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 nameed. herein.. Public Right -of -Way: located north of krnin Cobb Dr and vvest of Bridge St. STATEOF COUNTY OF r%i Signature of Pro a That Foregoing mrstruu ant was sworn to and s4m wrledged 9 p ny before me this day of�[f�J4fl �n i^ , 20 by M'atdiew F. araacia, President of U -Haul Rost Estate Ce. Matthew F- 8rsocia. President Property Owners Name Printed Ameroo Real Estate Co._ 2727 N- Central Ave SN Phoenix, AZ 85004 Signature of Properly Ucaner My Coautiiss s 7 ublia, tate at Lao srxrF EDF_ COUNTY OF The foregoing instrumentwaa swam to and acknrnvledged before me this day of , 20L— by 4 ,by Natlatew F. President of A. orA Neal Eatste Qu. W Commission experes , Notary Public, State at Large SEAL