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ORDINANCE NO. 99-9- 61 /U
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN
ALLEY LOCATED ON THE SOUTH SIDE OF JEFFERSON STREET BETWEEN NORTH
SECOND STREET AND NORTH THIRD STREET
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BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of an alley
located on the south side of Jefferson Street between North Second Street and North Third Street, and
being more particularly described as follows:
A certain tract of land as surveyed by Ricky A. Tosh, PLS No. 2900, of
the firm of Dummer Surveying & Engineering Services, Inc. of
Paducah, Kentucky on June 29, 1999 located on the south side of
Jefferson Street in the City of Paducah, McCracken County, Kentucky
and being more particularly described as follows:
Beginning at a 1" diameter pipe (found) 33 feet south of right angles
from the centerline of Jefferson Street, said centerline point being
269.50 feet east with said centerline from the centerline intersection of
Jefferson Street and Third Street;
Thence South 24 degrees 23 minutes 01 seconds East for a distance of
110.33 feet (passing through a 1/2" diameter rebar (found) at 76.00
with the east line of Whaler's Catch Restaurant of Paducah, Inc.
property described in Deed Book 884, page 487 and recorded as Tract
3-A in Plat Section "K", Page 785 and with Mills and Cary Partnership
property described in Deed Book 789, Page 772 and recorded as Tract
3, in Plat Section "K". Page 785 to a 1/2" diameter x 24" long rebar
with plastic cap stamped "D. H. DUNMffiR P.L. S. 1955" (set);
Thence South 65 degrees 36 minutes 59 seconds West for a distance of
63.25 feet with the south line of the Mills and Cary property to a Nail
(found) in the east line of the Barbara Nell Shelton and Diane Shelton
Roman property described in Deed Book 834, Page 731;
Thence South 24 degrees 23 minutes 01 seconds East for a distance of
20.00 feet with the east line of said property to a point: distance of
75.08 feet [passing through a mag nail (set) in concrete at 2.00 feet]
with the north line of the William M. and Barbara Nell Shelton
property described in Deed Book 834, Page 728 to a mag nail (set) in
concrete;
Thence North 24 degrees 23 minutes 01 seconds West for a distance of
130.33 with the west line of the Whaler's Catch Restaurant of
Paducah, Inc. property described in Deed Book 846, Page 104 to a
mag nail (set) in concrete 33 feet south at right angles from the
centerline of Jefferson Street;
Thence South 65 degrees 36 minutes 59 seconds West for a distance of
11.83 feet with the south right-of-way of said street to the point of
beginning. Together with and subject to covenants, easements, right-
of-ways and restrictions of record and in existence.
Said property contains 0.0644 acres.
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Bearings shown hereon are based on a record bearing of South 24
degrees 23 minutes 01 seconds East along the west property line of the
subject property.
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. John W. Harris, Alan Mills, and William Shelton 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 2nd day of August, 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.
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
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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:
ITY CLERK
Introduced by the Board of Commissioners August 24, 1999
Adopted by the Board of Commissioners September 14, 1999
Recorded by Lenita Smith, City Cler c, September 14, 1999
Published by The Paducah Sun,
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