The URL can be used to link to this page

Home My WebLink About2021-03-8678ORDINANCE NO. 2021-03-8678 AN ORDINANCE PROVIDING FOR THE CLOSING OF TWO ALLEYS EXTENDING NORTH OF KENTUCKY AVENUE BETWEEN 1039 & 1041 KENTUCKY AVENUE AND BETWEEN 1034 BROADWAY & 1039 KENTUCKY AVENUE, 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 two alleys extending north of Kentucky Avenue and parallel to Broadway and Kentucky Avenue as follows: LEGAL DESCRIPTION ALLEY RIGHT OF WAY CLOSURE A certain tract of land containing 0.0752 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on October 16, 2020, located on the north side of Kentucky Avenue and west of Walter Jetton Blvd in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 63 Degrees 15 Minutes 00 Seconds East along the north right of way of Kentucky Avenue as recorded in Plat Section "U, Page 1887. 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 located 33.00 feet north at right angles from the centerline of Kentucky Avenue, said centerline point being located 407.43 feet south of the centerline intersection of Kentucky Avenue and Walter Jetton Blvd, Thence from the point of beginning South 63 Degrees 15 Minutes 00 Seconds West for a distance of 10.00 feet with the north right of way of Kentucky Avenue to a point; Thence North 26 Degrees 45 Minutes 00 Seconds West for a distance of 183.30 feet along a common line to the OKP Properties, LLC described in Deed Book 1417, Page 261, and a line common to the HHM Properties, LLP described in Deed Book 1047, Page 615 [passing through a rebar and cap stamped "WITNESS PT. KYPLS 2900" (set) at 0.25 feet] to a rebar and cap (set); Thence North 63 Degrees 15 Minutes 00 Seconds East for a distance of 100.01 feet along another line common to the HHM Properties, LLP to a rebar and cap (set); Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 16.00 feet with a line common to the OKP Properties, LLC described in Deed Book 1340, Page 728 to a 1/2" diameter rebar and cap stamped "DH DUMMER PLS 1955" (found); Thence South 63 Degrees 15 Minutes 00 Seconds West for a distance of 90.01 feet with another line common to OKP Properties, LLC, and a line common to the OKP Properties described in Deed Book 1417, Page 261 to a 1/2" diameter rebar and cap stamped "DH DUMMER PLS 1955' (found); Thence South 26 Degrees 45 Minutes 00 Seconds East for a distance of 167.30 feet continuing with another line common to OKP Properties, LLC [passing through a rebar and cap stamped "WITNESS PT. KYPLS 2900" (set) at 167.05 feet] to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. This tract of land is subject to a public utility easement. SECTION 2. hi support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. Carolyn K. Perry and Douglas R. Hunerkoch own the properties abutting the public ways 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 15"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 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. 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. 4 'A-� (Te'o r g 'eB ray, Mayor ATTES (` 1 r say Parish, C' Clerk 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 — 1039 & 1041 Kentucky and 1034 Broadway & 1039 Kentucky 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. 2021-03-8678 adopted by the Board of Commissioners of the City of Paducah at a meeting held on March 23, 2021. City Clerk Exhibit A ID CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Date: 1 l Appecation is hereby made to the Mayor and Board of Commissioners forlhe closing of. (Public Right -at -Way located be6ween Kantuc&y Ave & Broadway, and west of Wafter Jetton Blvd• included herewith is a tiling fee of Five Hundred Dollars ($500) togetherwith twenty (20) copies of a. Plat showing the Public Wight -Df -Way to be closed. This Application indicating consent of the Public Rlght-of-Way closure„ has been signed and notarizedby all real properly owners whose land adjoins the portion of Public Rig ht-oF-Way proposed to be closed. If the application is not signed by all adjoining real property owners, the'IPublic Rightof--Way Closure Guarantee" must bo attached'.. Respectfully submitted by all adjoining property owners: h r Cdr —A Signature OF Property Owner C-ARC>cVfU 1<, PERRY Property Owner's Name Printed OKP Properties, LLC 3buo Savoy Circle Paducah, KY 42001 Signature of Property Owner �Aef�ra�.S F�ed.9P�?aY`I PropsKy Ownees Name Printed HHM Properties, LLP 1034 Broadway Paducah. KY 42001 STATE OF KENTUCKY COUNTY OF McCRAGKE�N STATE OF KENTUCKY 4 r OUNTY OF MCCRACKEN 1 The lorepoing inshument was ammlo and se hefocom me We eg, d of r1ai Zug, My