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ORDINANCE NO. 97-12-5788
AN ORDINANCE AMENDING ORDINANCE NO. 97-11-5774, "PROVIDING
FOR THE CLOSING OF A PORTION OF NORTHVIEW STREET"
WHEREAS, on the 15th day of December, 1997, the Paducah Planning
Commission of the City of Paducah adopted a Resolution amending the property description
contained in their Resolution of November 3, 1997.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 1 is hereby amended to read as follows:
"That the City of Paducah does hereby authorize the closing of a portion of
Northview Street, and being more particularly described as follows:
"Being a portion of right-of-way in the block between N loth Street and N 9th
Street, and; being a tract of land formerly Northview Street (formerly Terrell
Street) between 10th Street and the Paducah and Louisville Railway in the City of
Paducah, in the County of McCracken, Commonwealth of Kentucky and being
more particularly described as follows:
Beginning at a metal fence post in the East right-of-way of Northview Street and
on the north right-of-way of 10th Street being 30 feet from the centerline of both
of these streets, thence North 81 degrees 28 minutes 00 seconds West with the
right-of-way of 10th Street a distance of 60.14 feet to an iron pin; thence So
North 12 degrees 30 minutes 00 seconds -West East along the west right-of-way
of Northview Street a distance of 410.08 407.08 feet to an existing iron pin; thence
South 14 84 degrees 2913 minutes W 50 seconds East along the right-of-way of
the Paducah and Louisville Railway a distance of 60.14 60.42 feet to an existing
iron pin; thence NeM South 12 degrees 30 minutes 00 seconds East West with the
east right-of-way of Northview Street a distance of 4 10. 00 feet to the point of
beginning.
The above described property contains 9.564 0.563 acres (24,598 24,510.74
square feet)."
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. Alliant Foodservice, Inc. and Wagner Enterprises, 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 3rd day of November, 1997, the Paducah Planning Commission of
the City of Paducah adopting a resolution recommending to the Mayor and Board of
Commissioners of the City of Paducah closure of the aforesaid public way.
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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 j
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 of
any easements affecting the herein described real property as described in Section 1 above.
SECTION 5. In order to correct the boundary description as amended by the
Paducah Planning Commission on December 15, 1997, and to expedite transfer of this property,
an emergency is hereby declared to exist and this ordinance shall become effective immediately
with one reading.
ATTEST:
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Introduced and adopted by the Board of Commissioners December 16, 1997
Recorded by Lenita Smith, City Clerk, December 16, 1997
Published by The Paducah Sun, December 22, 1997
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