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HomeMy WebLinkAbout96-9-5565708 ORDINANCE NO. 96 -If -ARS' AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF OLD COLEMAN ROAD RIGHT OF WAY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize closing a portion of Old Coleman Road Right -of -Way, g and being more particularly described as follows: Beginning where the westerly right-of-way line of relocated Coleman Road intersects the easterly right-of-way line of the Old Coleman Road, said point of intersection being the north-easterly corner of Lot No. 1 of the Drury Inns, Inc., property as indicated by plat recorded in Plat Section "K" at Page 499 of the McCracken County Court Clerk's office, said point also being the southeasterly corner of Tract No. 1 of the former Beaman property, now Gwin, as indicated by plat recorded in plat Section "K" at Page 1,126 of said clerk's office; thence from said point of beginning S. 23°01'47" W. leaving the relocated Coleman Road right-of-way line and running with the Old Coleman Road right-of-way line 22.37 feet to the northeasterly corner of the previously discontinued and closed right-of- way of Old Coleman Road as described in Fiscal Court Order Book 22, Page 260 of the aforesaid clerk's office; thence N. 74047' 36" W. along and with the northerly line of the aforesaid discontinued and closed right-of-way 30.28 feet to a common corner between the aforesaid Lot No. 1 and the aforesaid Tract No. 1; thence N. 23°01'47" E. along and with the westerly right-of-way line of the Old Coleman Road 47.26 feet to its intersection with the westerly right-of-way line of relocated Coleman Road; thence S. 32"16'14" E. along and with the westerly right-of-way of said relocated Coleman Road 36.49 feet to the point of beginning and containing 1,044 square feet or 0.024 acre, said property being subject to public utility easements of public record. 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. Drury Inns, Inc., and C. L. Gwin and Mary Anne Gwin 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 5th day of August, 1996, 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. 709 4 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. 10 SECTION 5. This ordinance shall be read on two separate days and become effective upon publication of title and certified summary thereof. ATTEST: i Introduced by the Board of Commissioners August 27, 1996 Adopted by the Board of Commissioners September 10 , 1996 Recorded by Lenita Smith, City Clerk, ept mber 14, 1996 Published by The Paducah Sun,IM Mqb \winword\ordinanc\p&b\stclose\coleman Mayo