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HomeMy WebLinkAbout2024-04-8807ORDINANCE NO. 2024-04-8807 AN ORDINANCE PROVIDING FOR THE CLOSURE OF 2,105 SQUARE FEET OF A 13.25 FOOT ALLEY WEST OF SOUTH 16Ta STREET BETWEEN KENTUCKY AVENUE AND WASHINGTON 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 2,105 square feet of a 13.25' alley west of South 16' Street between Kentucky Avenue and Washington Street as follows: 13.25' ALLEY CLOSURE - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of South 16'h Street and south of Kentucky Avenue, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a mag nail with shiner stamped "BFW KJW #3445" (found), being 30.0 ft. west from the centerline of South 16`' Street and 33 ft. south of the centerline of Kentucky' Avenue, said point also being the northeast corner of the Paducah McCracken County Senior Citizens, Inc. property (recorded in Deed Book 1481, Page 775); Thence along the west right-of-way of South 16th Street, S24°59'49"E a distance of 173.25 ft. to a mag nail with shiner stamped `BFW KJW 93445" (found), said point being in the north line of a 13.25' wide alley, said point also being the TRUE POINT OF BEGINNING; Thence continuing along the above said right-of-way and with a new property line, S24°59'49"E a distance of 13.25 ft. to a mag nail with shiner stamped `BFW KJW #3445" (found), said point being the southeast corner of said 13.25' wide alley; Thence along the south right-of-way of the 13.25' wide alley, S64°59'41"W a distance of 158.86 ft. to a point, said point being the southwest corner of said 13.25' wide alley, said point also being in the east property line of the JAR Investments, LLC property (recorded in Deed Book 1454, Page 385); Thence along the east property line of the above said JAR Investments, LLC property, N24°59'49"W a distance of 13.25 ft. to a point, said point being the northwest corner of said 13.25' wide alley; Thence along the north right-of-way of the 13.25' wide alley, N64°59'41 "E a distance of 158.86 ft. to the TRUE POINT OF BEGINNING The above described Tract contains 2,105 square feet (0.048 acres). 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. On the 4" day of March, 2024, 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. b. David Troutman is the only property owner in or abutting the public way; and therefore, has given his written and notarized consent to the closing as is evidenced by the Public Right -of -Way Closure Application attached hereto and made part hereof (Exhibit A). 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 David Troutman, 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 KRS Chapter George Bray, Mayor ATTEST: g mdsay Parish, Clerk Introduced by the Board of Commissioners, March 26, 2024 Adopted by the Board of Commissioners, April 9, 2024 Recorded by Lindsay Parish, City Clerk, April 9, 2024 Published by The Paducah Sun, April 11, 2024 \ord\eng\st close\alley — West of South 16'h Street between Kentucky Avenue and Washington 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. 2024-04-8807 adopted by the Board of Commissioners of the City of Paducah at a meeting held on April 9, 2024. ity Clerk Date: 2-6-2024 EXHIBIT "A" CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right-of-way: 13.25' public alley (west of South 16th 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 closed. This Application indicating consent of the Public Right -of -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. Respectfully submitted by all adjoining property owners: 'Signature of roperty Owner Property Owner's Name Printed Koo u.0 - P" (sbiz AddressPCR L et 4--f g7yo1 Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing istryment was worn to and acknowledged beforerrye. this -fYtM y of Y MEL My Commission expires Q U Oz M NoPublic, State at Large Sarah M. Peeler, Notary Public S EState At Large, Kentucky Nty Commission Expim:09/18/2024 Notary ID: KYNP15339 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