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HomeMy WebLinkAbout91-9-4669W1 ORDINANCE NO. 91-9-4669 AN ORDINANCE AMENDING ORDINANCE NO. 85-7-2708, CLOSING A PORTION OF COLE STREET BETWEEN NORTH 8TH STREET AND ILLINOIS CENTRAL RAILROAD WHEREAS, Falconite, Inc. has requested that the right-of-way known as Cole Street be closed; and WHEREAS, the Planning Commission approved this closing on July 1, 1953; and WHEREAS, the Board of Commissioners finds that this right-of-way is unimproved and is not needed as a public right-of-way; and WHEREAS, Ordinance No. 85-7-2708 adopted by the City of Paducah on July 23, 1985, did not retain a utility easement as required by the City for existing utilities. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of a portion of Cole Street between North 8th Street and the Illinois Central Railroad, which is more particularly described as follows: Beginning at a point at the intersection of the south right-of-way line of North 8th Street and the west right-of-way line of Cole Street; thence in an easterly direction a distance of 30 feet to a point; said point located at the intersection of the south right-of-way line of North 8th Street and the east right-of-way line of Cole Street; thence in a southerly direction along the east right -o€ -way line of Cole Street a distance of 405 feet to a point in the north property line of the I.C.R.R.; thence with the north property line of the I.C.R.R. in a westerly direction a distance of 30 feet to a point, said point located at the intersection of the north property line of the I.C.R.R. and the west right-of-way line of Cole Street; thence with the west right-of-way line of Cole Street in a northerly direction a distance of 405 feet to the point of beginning. SECTION 2. The City is approving the closing of the right-of-way contingent upon the adjoining property owners granting to the City a permanent utility easement thereon, over and under the right-of-way being closed. SECTION 3. The Corporation Counsel of the City of Paducah, Kentucky, is hereby, authorized, empowered and directed to institute and prosecute, pursuant to KRS 82.405, an action in McCracken Circuit Court for a judgment ordering the closing of the street described in Section 1 above. 301 SECTION 4. This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. GERRY B. MONTGOMERY Mayor Introduced by the Board of Commissioners August 27, 1991 Adopted by the Board of Commissioners September 10, 1991 Recorded by Lenita Smith, City Clerk, September 10, 1991 Published by The Paducah Sun September 16, 1991 ord/stclose