HomeMy WebLinkAbout2013-03-8024ORDINANCE NO. 2013-3-8024
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN
ALLEY FROM CALDWELL STREET TO NORTON STREET LOCATED BETWEEN SOUTH
9TH STREET AND WALTER JETTON BOULEVARD, 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 a 15'
alley located between South 9t' Street and Walter Jetton Boulevard, and being more particularly
described as follows:
ALLEY
LEGAL DESCRIPTION
Being a certain alley surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer
Surveying & Engineering Services, Inc. of Paducah, Kentucky on February 24, 2012
located in Block 3, Addition "O" of Paducah, Kentucky between Norton Street and
Caldwell Street and being more particularly described as follows:
Beginning at a 1/2" diameter rebar with plastic cap stamped "DH DUMMER PLS 1955"
(found) at the southeast corner of the herein described tract, said rebar and cap being
30.00 feet north at right angles from the centerline of Caldwell Street, said centerline point
being 195.00 feet west from the centerline intersection of Caldwell Street and South 9th
Street;
THENCE from the point of beginning South 74 degrees 07 minutes 00 seconds West for
a distance of 15.00 feet with the north right of way of Caldwell Street to a 1/2" diameter
rebar with plastic cap stamped "DH DUMMER PLS 1955" (found), said rebar and cap
being 30.00 feet north of the road centerline;
THENCE North 15 degrees 53 minutes 00 seconds West for a distance of 360.00 feet
with a common line to the Hamilton Living Trust property described in Deed Book 1061,
Page 387; Deed Book 1081, Page 712 and Deed Book 1227, Page 67 and the James
and Linda Green property described in Deed Book 1061, Page 200 to a 1/2" diameter x
18" long rebar with plastic cap stamped "R TOSH KYPLS 2900" (set) in the south right of
way of Norton Street (undeveloped), said rebar and cap being 30.00 feet south at right
angles from the road centerline;
THENCE North 74 degrees 07 minutes 00 seconds East for a distance of 15.00 feet with
the south right of way of Norton Street to a 1/2" diameter x 18" long rebar with plastic cap
stamped "R TOSH KYPLS 2900" (set) 30.00 feet south at right angles from the road
centerline;
THENCE South 15 degrees 53 minutes 00 seconds East for a distance of 360.00 feet
with a common line to the Hamilton Living Trust property described in Deed Book 1090,
Page 384; Deed Book 982, Page 369 and Deed Book 1061, Page 387 to the point of
beginning.
Said Alley contains 5,400 square feet (0.1240 acres).
Together with and subject to covenants, easements, right of ways and restrictions of
record and in existence.
The bearings described herein are based on a magnetic observation taken in 2004.
Ricky A. Tosh, PLS 2900 Date
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. B. A. Hamilton and Frances Hamilton, Trustees of Hamilton Living Trust,
James L. Green, and Linda Green, 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 4th day of March, 2013, 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 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:
111le � 5 - " �" 6
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, March 12, 2013
Adopted by the Board of Commissioners, March 19, 2013
Recorded by Tammara S. Sanderson, City Clerk, March 19, 2013
Published by The Paducah Sun, March 27, 2013
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