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HomeMy WebLinkAbout2023-05-8772ORDINANCE NO. 2023-05-8772 AN ORDINANCE PROVIDING FOR THE CLOSING OF 4,356 SQUARE FEET OF MONROE STREET BETWEEN 200 AND 306 NORTH SECOND 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 Monroe Street between 200 and 306 North Second Street, as follows: Boundary Description Being 2 adjacent tracts of land in the City of Paducah, Ky., divided by the centerline of the original 66 ft. wide right-of-way of Monroe Street and on the northeast (Ohio River) side of 2"d Street, more particularly described as follows: Tract 1 Beginning at the an (sic) existing Mag Nail and metal cap at the intersection of the northeast 33' R/W of 2"d Street with the southeast 33' R/W of Monroe Street, corner to Jim Smith Contracting Co., Inc. (D.B.846-Pg.619, Tract II); Thence — N24°58'39"W-33.00' to the centerline of Monroe Street, being also 33' from the center of 2nd Street; Thence - N64°50'20"E-65.99' along the centerline of Monroe Street to its intersection with the previously closed portion of Monroe Street dated July 23, 1940, now Jim Smith Contracting, Inc. (D.B.846-Pg.619); Thence — S27° 17'08"W-33.03' along Smith's line to an existing Mag Nail and metal cap at the end of the previously closed portion of Monroe Street in the northwest line of Jim Smith Contracting, Inc. (D.B.846-Pg.619, Tract II); Thence - S64°50'20"W-67.32' along the existing southeast R/W of Monroe Street to the point of beginning and containing 2200 Sq. Ft. Tract 2 Beginning at the an existing Mag Nail and metal cap at the intersection of the northeast 33' R/W of 2nd Street with the northwest 33' R/W of Monroe Street, corner to Jim Smith Contracting Co., Inc. (D.B.846-Pg.619, Tract III); Thence - N64°50'20"E-64.66' along the existing northwest R/W of Monroe Street to an existing Mag Nail and metal cap at the end of the previously closed portion of Monroe Street in the southeast line of Jim Smith Contracting, Inc. (D.B.846-Pg.619, Tract III); Thence — S27°17'08"W-33.03' along Smith's line (D.B.846-Pg.619) to the centerline of Monroe Street, the northeast corner of Tract 1 above; Thence - S64°50'20"W-65.99' along the centerline of Monroe Street to a point 33' northeast of the centerline of 2"d Street, the northwest corner of Tract 1 above; Thence - N24°58'39"W-33.00' to the point of beginning and containing 2156 Sq.Ft. 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. Calvin Rex Smith (d/b/a Jim Smith Contracting) owns the undeveloped portion of Monroe 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). b. On the 6a' day of March, 2023, 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 the closure plat and all necessary documents to complete the transfer of property 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 two separate days and will become effective upon summary publication pursuant to KRleorge 4. 2 , Mayor ATTEST: n GM `Lindsay Parish, tty Clerk Introduced by the Board of Commissioners, April 25, 2023 Adopted by the Board of Commissioners, May 9, 2023 Recorded by Lindsay Parish, City Clerk, May 9, 2023 Published by The Paducah Sun, May 12, 2023 \ord\eng\st close\ Closure of Monroe Street between 200 and 306 North 2nd 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. 2023-05-8772 adopted by the Board of Commissioners of the City of Paducah at a meeting held on May 9, 2023. \. Clerk 6 Exhibit A Public Right -of -Way Closure Application CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Data: 3,t Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right -of -Way: M' 'Sk a°tea tr matka«a9 eay. J te"�yF 4f 0.6 /01 U a e Included herewith Is a filing fee of Five Hundred Dollars (WO) together with twenty (20) copies of a Plat showing the Public Right -of --Way to be dosed. This Application Indicating consent of the Public WgM-of-Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Pudic Rlghtof--Way, proposed to be dosed. If the application Is not signed by all adjoining real property owners, the'Publlc Right -of -Way Closure Guarantee' must be attached. Respectfully submitted by all adjoining properly owners: .- pz p r 6iY ems, e - Signature of Property Owner Property Owner's Name Printed Address Signature of Properly Owner Property Owner's Name Printed Address STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing i em was ors to and admowiedged beforeUte IV V% �d `»!y� 2011 by t My Commission expires 241A)2-3 A! . 0 - SEAL STATE OF KENTUCKY COUNTY OF MoCRACKEN The foregoing Instrument was swom to and adumvAedged before me this i day of 20`, by My Commission expires Notary Public, State at Large SEAL Signature of Property Owner Property Owner's Name Printed Address Signature of Property Owner Property Owner's Name Printed Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this _ day of 20� by My Commission expires Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this _ day of 20_, by My Commission expires Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was sworn to and acknowledged before me this _ day of .20___, by My Commission expires Notary Public, State at Large SEAL