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HomeMy WebLinkAbout2009-12-7637ORDINANCE NO. 2009-12-7637 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED ALLEY LOCATED NORTH OF DAVIS AVENUE BETWEEN SYCAMORE AND HICKORY STREETS BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of an unimproved alley located North of Davis Avenue between Sycamore and Hickory Streets, and being more particularly described as follows: BEING A 20 -FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK 19 OF THE L. D. SANDERS ARCADIA SUBDIVISION, IN PADUCAH, MCCRACKEN COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE INTERSECTION OF SYCAMORE STREET AND DAVIS AVENUE, SAID POINT BEING 20 FEET EAST OF PERPENDICULAR TO THE CENTERLINE OF SYCAMORE STREET AND BEING 20 FEET NORTH OF AND PERPENDICULAR TO THE CENTERLINE OF DAVIS AVENUE; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF DAVIS AVENUE, 20 FEET NORTH OF AND PARALLEL TO THE CENTERLINE THEREOF, N.53°16'28"E., 150.00 TO AN 1/2"x24" DIAMETER REBAR WITH YELLOW PLASTIC CAP STAMPED "FMT ENGR KPLS 2403" SET AT TIME OF THIS SURVEY, SAID REBAR BEING THE SOUTHEASTERLY CORNER OF LOT 9, BLOCK 19 OF THE L.D. SANDERS ARCADIA SUBDIVISION AS SHOWN IN PLAT SECTION "A", PAGE 218 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE AND ALSO BEING THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED; THENCE ALONG THE EASTERLY PROPERTY LINE OF LOTS 9, 10, 11, 12, 13, 14 AND 15 OF SAID BLOCK AND SUBDIVISION, N.36°43'32"W., 303.09 FEET TO AN EXISTING REBAR AND CAP (1955) FOUND, SAID REBAR LOCATED ON THE SOUTHERLY LINE OF THE JOE AND JEANE FRAMPTOM PROPERTY AS DESCRIBED IN DEED BOOK 707, PAGE 719 OF SAID CLERK'S OFFICE; THENCE PROCEED ALONG EAST LINE OF SAID FRAMPTOM' S PROPERTY, N.42013'58"E., 20.38 FEET TO AN EXISTING REBAR AND CAP (1955) FOUND, SAID MARKER BEING A COMMON CORNER WITH LOT 8 OF SAID BLOCK AND SUBDIVISION; THENCE PROCEED ALONG WESTERLY PROPERTY LINE OF LOTS 2, 3, 4, 5, 6, 7 AND 8 OF SAID BLOCK AND SUBDIVISION, S.36°43'32"E., 307.06 FEET TO A %2"x24" DIAMETER REBAR WITH YELLOW PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET AT TIME OF THIS SURVEY, SAID REBAR BEING LOCATED ON THE NORTHERLY RIGHT OF WAY LINE OF DAVIS AVENUE; THENCE PROCEED ALONG SAID RIGHT OF WAY, 20 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, S.53016'28"W., 20.00 FEET TO THE POINT OF BEGINNING. THE AFORESAID PROPERTY CONTAINS 6,101 SQUARE FEET OR 0.140 ACRES. THE BEARINGS IN THIS DESCRIPTION ARE BASED ON A BEARING OF N.36043'32"W. ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE 20 FOOT WIDE PUBLIC ALLEY AS SHOWN BY DUMMER SURVEYING & ENGINEERING SERVICES, INC., PLAT DATED OCTOBER 15, 2002. BEING A 20 FOOT WIDE PUBLIC ALLEY AS SHOWN BY PLAT OF L.D. SANDERS ARCADIA SUBDIVISION RECORDED IN PLAT SECTION "A", PAGE 218. THE DESCRIPTION WAS DRAFTED BY LOREN E. KRUEGER, KENTUCKY PROFESSIONAL LAND SURVEYOR NO. 2403, OF FARRIS MCINTOSH & TREMPER, INC. 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY 42001. 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. Joseph H. Framptom and wife, Jeane B. Framptom, 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 16th day of November 2009, 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 and all other documents 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: jlayr j4"'.')3 A" Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, November 24, 2009 Adopted by the Board of Commissioners, December 8, 2009 Recorded by Tammara S. Brock, City Clerk, December 8, 2009 Published by The Paducah Sun, December 14, 2009 \ord\eng\stclosing\alley-N of Davis - Framptom