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HomeMy WebLinkAbout2003-7-6666527 ORDINANCE NO. 2003-7-6666 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF RIGHT-OF-WAY LOCATED ADJACENT TO TECHNOLGY CENTER DRIVE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a portion of right-of-way located adjacent to Technology Center Drive, and being more particularly described as follows: Beginning at the point of intersection of the west right of way line of Technology Center Drive and the north right of way line of the Future Potential Access Road (to be vacated) at the southeast corner of Lot 5 of the Computer Services Inc. Subdivision as shown on the plat of record in Plat Section "K" Page 763 of the records of the McCracken County Kentucky Court Clerk; thence, with the west right of way line of Technology Center Drive, South 40 degrees 31 minutes 08 seconds West a distance of 100.00 feet to an existing 4" square concrete monument at the intersection of the said west right of way line and the southern right of way line of the Future Potential Access Road (to be vacated); thence, with the south line of the access road to be vacated, North 4 degrees 28 minutes 52 seconds West a distance of 35.36 feet to an existing 4" square concrete monument; thence, continuing with the said south right of way line, North 49 degrees 28 minutes 52 seconds West a distance of 301.49 feet to a point in the west line of the Computer Services Inc. Subdivision; thence, with the said west line of the subdiviion, North 46 degrees 46 minutes 54 seconds East a distance of 50.30 feet to a 4" square concrete monument in the north line of the access road right of way line; thence, with the north said north line of the roadway to be vacated, South 49 degrees 28 minutes 52 seconds East a distance of 296.00 feet to an existing 4" square concrete monument; thence, North 85 degrees 31 minutes 08 seconds East a distance of 35.36 feet to the point of beginning. The above described roadway right of way to be vacated (closed) contains 0.386 acres more or less (16,812 sq.ft.). This description has been prepared as the result of an on ground survey performed on April 11, 2002 and platted on August 29, 2002 under the supervision of Gerald M. Kight Kentucky Licensed Professional Land Surveyor No. 2547 associated with Florence & Hutcheson, Inc. Consulting Engineers of 2550 Irvin Cobb Drive, Paducah, Kentucky. 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. Computer Services, Inc. is the owner 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 and made part hereof. B. On the 2nd day of December, 2002, 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. II 528 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 centerline 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 Mayor is further authorized to sign the plat of survey of the proposed street closing. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chanter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners July 8, 2003 Adopted by the Board of Commissioners July 22, 2003 Recorded by Tammara S. Brock, City Clerk, July 22, 2003 Published by The Paducah Sun, July 30, 2003 \winword\ord\eng\st closing\technology center dr