Loading...
HomeMy WebLinkAbout2021-11-87121817:01h/MIGJAZCI1f►1�m AN ORDINANCE PROVIDING FOR THE CLOSING OF VERMONT STREET EXTENDING SOUTHEAST OF 321 AND 322 VERMONT STREET BETWEEN 1401 ELMDALE ROAD AND 500 RIDGEWOOD 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 Vermont Street extending southeast of 321 and 322 Vermont Street between 1401 Elmdale Road and 500 Ridgewood Street as follows: LEGAL DESCRIPTION A certain 40 -foot wide undeveloped right of way containing 0.5628 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on July 6, 2021, located at the east end of Vermont Street and on the west side of Elmdale Road in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on May 28, 2021. The horizontal control is based on Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900". Beginning at a rebar and cap (set) in the west right of way of Elmdale Road, 90.00 feet west of the road centerline, said centerline point being located 418.34 feet north of the centerline intersection of Elmdale Road and Ridgewood Street; Thence from the point of beginning North 64 Degrees 19 Minutes 16 Seconds West for a distance of 619.53 feet along a common line to the Calvary Apostolic Tabernacle of Paducah, Inc. property described in Deed Book 1421, Page 429, to a rebar and cap (set); Thence North 25 Degrees 29 Minutes 44 Seconds East for a distance of 40.00 feet with the east end of the developed portion of Vermont Street to a rebar and cap (set); Thence South 64 Degrees 19 Minutes 16 Seconds East fora distance of 606.30 feet along a common line to the Calvary Apostolic Tabernacle of Paducah, Inc. property described in Deed Book 1421, Page 429, to a rebar and cap (set) in the west right of way of Elmdale Road, 90.00 feet west of the road centerline; Thence with the right of way of Elmdale road the following Two (2) courses: 1. South 07 Degrees 10 Minutes 09 Seconds West for a distance of 30.02 feet to a rebar and cap (set); 2. South 07 Degrees 18 Minutes 49 Seconds West for a distance of 12.15 feet to the point of beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. Ricky A. Tosh, PLS No. 2900 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. Calvary Apostolic Tabernacle of Paducah, Inc., owns the undeveloped portion of Vermont Street abutting the public way, which the Board of Commissioners has authorized to be closed as is evidenced by the Public Right -of -Way Closure Application attached hereto and made part hereof (Exhibit A). In. On the 4' day of October, 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. There are no other 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. 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 the property owner in or abutting the public way to be closed to acquire title to that portion of the public way contiguous to the property now owned by said property owner 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 1W separate days and will become effective upon summary publication pursuant to KRS a / 4. George Bray, Mayor ATTEST: f P lk indsay Parish, Clerk Introduced by the Board of Commissioners, October 26, 2021 Adopted by the Board of Commissioners, November 9, 2021 Recorded by Lindsay Parish, City Clerk, November 9, 2021 Published by The Paducah Sun, November 12, 2021 \ord\eng\st close\ Closure Vermont Street Between Elmdale Rd and Ridgewood Street 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. 2021-11-8712 adopted by the Board of Commissioners of the City of Paducah at a meeting held on November 9, 2021. City Clerk Date: _Sept7,2021 Exhibit A CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OFMAY CLOSURE APPLICATION Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right -of -Way: un -developed portion of Vermont Street Included herewith Is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be dosed. This Application Indicating consent of the Public Right -0f -Way closure, has been signed and notarized by all real property 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 "Public Right -of --Way Closure Guarantee" must be attached. Respectiuly submitted by all adjoining property owners: 1Aci vc? V I fkt;pw g 44.&=I 2--49-1554 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 swom to and acknowledged before me this _ day of , 20_, by My Commission expires Notary Pubk State at Large SEAL