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HomeMy WebLinkAbout2010-4-7669ORDINANCE NO. 2010-4-7669 AN ORDINANCE PROVIDING FOR THE CLOSING OF BOUGH STREET LOCATED SOUTH OF IRVIN COBB DRIVE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of Bough Street located south of Irvin Cobb Drive, and being more particularly described as follows: Lying on the South side of Irvin Cobb Drive (U.S. Highway 62) and being a part of Bough Street (Olive Street, Unimproved) in the City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a broken 6 inch by 6 inch concrete monument with a 5/8 inch rebar center found at the intersection of the Southerly right-of-way line of Irvin Cobb Drive (30 feet from the centerline thereof) and the centerline of Bough Street (Unimproved); THENCE FROM SAID POINT OF BEGINNING following along said right-of-way of Irvin Cobb Drive a curve to the left having a radius of 1,462.39 feet (a chord being S 34°16'45" E, 63.29 feet), 63.30 feet to an existing 1/2 inch rebar with Cap No. 1955; thence with the easterly right-of-way line of Bough Street another curve to the left having a radius of 20.00 feet (a chord being S 84°59'25" W, 34.46 feet), 41.53 feet to an existing %2 inch rebar with Cap No. 1955; thence continuing with said right-of-way S 25030'00" W a distance of 136.20 feet to a %2 inch rebar with Cap No. 3861, set in the Northerly right-of-way line of the Paducah and Louisville Railroad; thence with said right- of-way line, a curve to the right having a radius of 1824.56 feet ( a chord being N 56°15'58" W, 25.26 feet) 25.26 feet to a %2 inch rebar with Cap No. 3861, set; thence continuing with said right-of-way line, another curve to the right having a radius of 1824.56 feet (a chord being N 55°33'06" W, 20.25 feet), 20.25 feet to a %2 inch rebar with Cap No. 3861, set; thence with the Westerly right-of-way line of Bough Street N 25030'00" E a distance of 191.24 to a % inch rebar with Cap No. 3861, set in aforesaid Southerly right- of-way line of Irvin Cobb Drive; thence with said right-of-way, a spiral curve to the left, ( a chord being S 32034'41" E, 23.56 feet) 23.56 feet to the point of beginning and containing 0.193 acres as shown on "Plat of Proposed Street Closure of A Portion of Bough Street" prepared by Hunter Martin & Associates, Inc. dated February 18th, 2010. The above legal description was written by Stephen C. Chino, Jr., Kentucky Licensed Professional Land Surveyor, on the 18th day of February, 2010, and is correct to the best of my knowledge and belief. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: Bruce Halvorson as Trustee of the Lawrence & Dorothea Halvorson Trust and Eugene Allen are the owners of property abutting the public way which the Board of Commissioners has authorized to beā€¢elosed as is evidenced by the application for street and/or alley closing which is attached hereto anSmade part hereof. b. , On the 15th day of March 2010, 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 become effective upon publication of title and certified summary thereof. ATTEST: J s., Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, March 23, 2010 Adopted by the Board of Commissioners, April 13, 2010 Recorded by Tammara S. Brock, City Clerk, April 13, 2010 Published by The Paducah Sun, April 19, 2010 \ord\eng\stclosing\bough st