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HomeMy WebLinkAbout99-7-6071267 ORDINANCE NO. 99-7-_&O 7/ AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY LOCATED BETWEEN BURNETT STREET, WAGNER STREET, NORTH SIXTH STREET AND NORTH SEVENTH STREET BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a a an alley located between Burnett Street, Wagner Street, North Sixth Street and North Seventh Street, and being more particularly described as follows: Lying on the Southerly side of South Sixth Street between Burnett Street and Wagner Avenue and being in the City of Paducah, McCracken County, Kentucky, and more particularly bounded and described as follows to wit: Beginning at a point in the Southerly right-of-way line of North Sixth Street (30 feet from the centerline thereof) at its intersection with the Easterly line of a 30 foot alley (15 feet from the centerline thereof) said point being 369.96 feet as measured Northwestwardly along said Southerly right-of-way line from its intersection with the Westerly right-of-way line of Burnett Street; THENCE FROM SAID POINT OF BEGINNING Southwestwardly with the Easterly line of said 30 foot alley 425.01 feet to a 1/2 inch rebar with cap at the Southeasterly corner thereof, said point being in the Northerly right-of-way line of North Seventh Street; thence interior angle 93° 58' and Northwestwardly with said Northerly right-of- way line and the Southerly line of said 30 foot alley 30.07 feet to a 1/2 inch rebar with cap at the Southwesterly corner thereof, thence interior angle 86° 02' and Northeastwardly with the Westerly line of said 30 foot alley 425.01 feet to a 1/2 inch rebar with cap at the Northwesterly corner thereof and in the Southerly right-of-way line of aforesaid South Sixth Street; thence interior angle 93° 58' and Southeastwardly with said Southerly right-of-way line 30.07 feet to a 1/2 inch rebar with cap at the Northeasterly comer thereof, the point of beginning, making a closing interior angle of 86° 02' and containing 12,750 square feet as shown on "plat of Survey and Alley Closing for Western Kentucky Sprinkler Co., Inc." prepared by Hunter Martin & Associates, Inc. dated May 27, 1999. 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. Western Kentucky Sprinkler and Harper & Lane Realty are the owners 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 7tht day of June, 1999, 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. 268 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 1:D 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. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: X�� �' CIT CLERK Introduced by the Board of Commissioners June 29, 1999 Adopted by the Board of Commissioners July 13, 1999 Recorded by Lenita Smith, City Clerk, July 13, 1999 Published by The Paducah Sun, ,D�; aa' /9 29 \winword\ord\plan\stclose\alley 1 (D