HomeMy WebLinkAbout2010-11-7756129856
ORDINANCE NO. 2010-11-7756
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
ADAMS STREET BETWEEN 6TH AND 7TH STREET AND A PUBLIC ALLEY LOCATED
BETWEEN ADAMS STREET AND OSCAR CROSS AVENUE
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 Adams Street between 6th Street and 7th Street (the "Public Street"), and being more
particularly described as follows:
BEING A 66 FOOT WIDE PUBLIC STREET IN UPPERTOWN OR
ADDITION "C" TO THE CITY OF PADUCAH, LOCATED BETWEEN 6th
STREET AND 7th STREET AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A t/z" REBAR WITH PLASTIC CAP STAMPED "FMT
ENGRS KPLS 2403" SET AT THE INTERSECTION OF THE SOUTH
RIGHT-OF-WAY LINE OF ADAMS STREET AND THE WEST RIGHT-OF-
WAY LINE OF 6t1i STREET, 6' STREET HAVING A 60 FOOT WIDE RIGHT-
OF-WAY; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF
ADAMS STREET, S 74°41'37" W, 346.50 FEET TO A'/2" REBAR WITH
PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET ON THE EAST
RIGHT-OF-WAY LINE OF 7" STREET, 7th STREET HAVING A 60 FOOT
WIDE RIGHT-OF-WAY, THE SOUTH RIGHT-OF-WAY LINE OF ADAMS
STREET BEING A COMMON LINE WITH THE NORTH PROPERTY LINE
OF McCRACKEN COUNTY, KENTUCKY OF RECORD IN DEED BOOK
1174, PAGES 34 AND 50 IN THE McCRACKEN COUNTY COURT CLERK'S
OFFICE; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF 7th
STREET, N 15018'23" W, 66.00 FEET TO A t/2" REBAR WITH PLASTIC CAP
STAMPED "FMT ENGRS KPLS 2403" SET; THENCE ALONG THE NORTH
RIGHT-OF-WAY LINE OF ADAMS STREET, N 74°41'37" E, 346.50 FEET
TO A/2" REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS
2403" SET ON THE WEST RIGHT-OF-WAY LINE OF 6' STREET, THE
NORTH RIGHT-OF-WAY LINE OF ADAMS STREET BEING A COMMON
LINE WITH THE SOUTH PROPERTY LINES OF McCRACKEN COUNTY,
KENTUCKY OF RECORD IN DEED BOOK 697, PAGE 518 AND J. DAVID
BOSWELL AND VAN F. SIMS, A PARTNERSHIP OF RECORD IN DEED
BOOK 878, PAGE 434, ALL IN SAID CLERK'S OFFICE; THENCE ALONG
THE WEST RIGHT-OF-WAY LINE OF 6' STREET, S 15018'23" E, 66.00
FEET TO THE POINT OF BEGINNING, CONTAINING 22,869 SQUARE
FEET OR 0.525 ACRE.
BEARINGS IN THIS DESRIPTION ARE BASED UPON A MAGNETIC
BEARING OBSERVED ALONG A SURVEY TRAVERSE LINE AT TIME OF
SURVEY, MARCH, 2010
THIS DESCRIPTION WAS PREPARED BY LOREN E. KRUEGER,
KENTUCKY PROFESSIONAL LAND SURVEYOR # 2403 OF FARRIS,
McIntosh & TREMPER INC., 124 SOUTH 31St STREET, PADUCAH,
KENTUCKY 42001.
THE PUBLIC STREET IS DEPICTED ON THE STREET CLOSURE
PLAT (THE "PLAT") ATTACHED HERETO AND MADE A PART
HERE OF AS EXHIBIT A.
LESS, EXCEPT, AND RESERVING A PERMANENT UTILITY
EASEMENT OVER, UNDER AND ACROSS THE PUBLIC STREET
AS DEPICTED ON THE PLAT.
SECTION 2. That the City of Paducah does hereby authorize the closing of a
public alley located between Adams Street and Oscar Cross Avenue (the "Public Alley"), and
being more particularly described as follows:
BEING A 16.5 FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK 22 IN
UPPERTOWN OR ADDITION "C" TO THE CITY OF PADUCAH, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A ''/2" REBAR WITH PLASTIC CAP STAMPED "FMT
ENGRS KPLS 2403" SET AT THE�NORTHEAST CORNER OF A 16.5 FOOT
WIDE PUBLIC ALLEY, SAID REBAR LOCATED S 74°41'37" W, 165.00
FEET FROM THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE
OF ADAMS STREET AND THE WEST RIGHT-OF-WAY LINE OF 6tn
STREET; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID
ALLEY, S 15018'23" E, 400.00 FEET TO A'/z" REBAR WITH PLASTIC CAP
STAMPED "FMT ENGRS KPLS 2403" SET ON THE NORTH RIGHT-OF-
WAY LINE OF OSCAR CROSS AVENUE, BEING A COMMON LINE WITH
THE WEST PROPERTY LINES OF McCRACKEN COUNTY, KENTUCKY
OF RECORD IN DEED BOOK 1174, PAGES 34 AND 37, TIM AND TENA
PHILLIPS OF RECORD IN DEED BOOK 707, PAGE 198, WILLIAM AND
HARRIETTE FARR OF RECORD IN DEED BOOK 550, PAGE 429, DEED
BOOK 616, PAGE 769 AND DEED BOOK 864, PAGE 146 ALL IN THE
McCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE ALONG THE
NORTH RIGHT -OF WAY LINE OF OSCAR CROSS AVENUE, HAVING A
66 FOOT WIDE RIGHT-OF-WAY, S 74041'37" W, 16.50 FEET TO A'/2"
REBAR WITH PLASTIC CAP STAMPED "FMT ENGRS KPLS 2403" SET;
THENCE ALONG THE WEST RIGHT OF WAY LINE OF SAID ALLEY, N
15018'23" W, 400.00 FEET TO A'/z" REBAR WITH PLASTIC CAP
STAMPED "FMT ENGRS KPLS 2403" SET ON THE SOUTH RIGHT-OF-
WAY LINE OF ADAMS STREET, BEING A COMMON LINE WITH THE
EAST PROPERTY LINES OF URBAN RENEWAL AND COMMUNITY
DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY OF RECORD IN
DEED BOOK 1075, PAGE 572, ARTHUR AND LORINE YOUNG OF
RECORD IN DEED BOOK 511, PAGE 206, DEED BOOK 545, PAGE 109
AND DEED BOOK 560, PAGE 117, McCRACKEN COUNTY, KENTUCKY
OF RECORD IN DEED BOOK 1174, PAGE 50, ALL IN SAID CLERK'S
OFFICE; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF ADAMS
STREET, HAVING A 66 FOOT WIDE RIGHT-OF-WAY, N 74°41'37" E,
16.50 FEET TO THE POINT OF BEGINNING, CONTAINING 6600 SQUARE
FEET OR 0.152 ACRE.
BEARINGS IN THIS DESRIPTION ARE BASED UPON A MAGNETIC
BEARING OBSERVED ALONG A SURVEY TRAVERSE LINE AT TIME OF
SURVEY, MARCH, 2010
THIS DESCRIPTION WAS PREPARED BY LOREN E. KRUEGER,
KENTUCKY PROFESSIONAL LAND SURVEYOR # 2403 OF FARRIS,
MCINTOSH & TREMPER INC., 124 SOUTH 31 s'STREET, PADUCAH,
KENTUCKY 42001.
THE PUBLIC ALLEY IS DEPICTED ON THE PLAT.
LESS, EXCEPT, AND RESERVING A 16.5 FOOT X 250 FOOT
PERMANENT UTILITY EASEMENT OVER, UNDER AND ACROSS
THE PUBLIC ALLEY AS DEPICTED ON THE PLAT.
SECTION 3. In support of its decision to close the Public Street and the Public
Alley, the Board of Commissioners hereby makes the following findings of fact:
a. McCracken County, Kentucky, (the "County") desirous to cause the
development and construction of low-risk restricted custody facility and a McCracken County
public safety complex upon real property owned by the County and abutting the Public Street
and the Public Alley (the "Public Project").
\ b. To effectuate the Public Project the County seeks the closure of the Public
Street and the Public Alley.
C. Owners of real property in and abutting the Public Street and the Public
Alley sought to be closed are evidenced by the application for street and/or alley closing filed by
the County (the "Application") which is attached hereto and made part hereof as Exhibit B.
d. On October 4, 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 Public Street and the Public Alley.
e. Written notice of the proposed closing was given to all property owners in
or abutting the Public Street and the Public Alley sought to be closed as is evidenced by the
Application.
f. The following property owners in or abutting the Public Street and the
Public Alley have given their written notarized consent to the closing as is evidenced by the
Application: McCracken County, Kentucky, Tim Phillips and wife, Tena Phillips, and Urban
Renewal and Community Development Agency of Paducah, Kentucky.
g. Boswell & Sims, a Kentucky limited liability partnership comprised of J.
David Boswell and Van F. Sims are real property owners in and abutting the Public Street sought
to be closed, Boswell & Sims have conditionally consented to the closure of the Public Street in
accordance with the terms and conditions of the Development Agreement dated October 25,
2010 and attached hereto as Exhibit C.
SECTION 4. The Corporate Counsel of the City of Paducah, Kentucky, be and
is hereby authorized, empowered, and directed to institute and prosecute pursuant to KRS 82.405
an action in the McCracken Circuit Court for a judgment ordering the closing of the Public Street
and the Public Alley. All affected property owners shall be named as party defendants to such
action. Said action shall be prosecuted to a final judgment.
SECTION 5. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
Section 6. Compliance With Open Meetings Laws. The City Commission hereby
finds and determines that all formal actions relative to the adoption of this Ordinance were taken
in an open meeting of this City Commission, and that all deliberations of this City Commission
and of its committees, if any, which resulted in formal action, were in meetings open to the
public, in full compliance with applicable legal requirements.
Section 7. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
Section 8. Effective Date. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Ma or
Introduced by the Board of Commissioners, October 26, 2010
Adopted by the Board of Commissioners, November 9, 2010
Recorded by Tammara S. Brock, City Clerk, November 9, 2010
Published by The Paducah Sun, November 16, 2010
\ord\eng\stclosing\adams st 6th -7th (00129856)
CERTIFICATION
I hereby certify that the above is a true and correct copy of an ordinance adopted by the Board of
Commissioners of the City of Paducah, Kentucky, on November 6, 2010.
Tammara S. Brock, City Clerk
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SUMMARY OF STREET AREAS
PARCEL A= 56325 SQUARE FEET
PARCEL —5717,25 SQUARE FEET
PAAGEL C = S7420 SOUARE FEET
PARCEL O = 5717.25 SOUARE FEET
TOTAL STREET AREA TO RE CLOSED
22.— SQUARE FEET OR U.— ACRE
SUAIM1IPRY OF ALLEY AR EA$
FARLEL E = 1'[3/.5 $DL -E FEET
PPACEL F = 1231.5 SQUARE FEET
PARCEL G = 1231.5 SOUARE FEET
PARC LHnI1625SCUAAEFEET
PARCEL1+9255QUAREFEET
PARCEL4=105SQUAREFEET
PARCEL Y.=4125 SQUARE FEET
TOTAL ALLEY AREry TO SE GLQSE,U
I.—S WARE FEET OR 6.162 ACRE
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THE APPLICATION
i"
CITY OF PADUCAH
STREET -ALLEY CLOSING APPLICATION FORM
Date: Aul,�010
Application is hereby made to the Mayor and Board of Commissioners for the closing of:
_,%A Street or / An Alley Located: U,A trlonln Aaxan. "C', RAJ UW4L_
Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a plat showing the
streetlaliey to be closed. This application form, indicating consent of the right of way closure, has been signed and
notarized by all real property owners whose land adjoins the portion of right of way proposed to be closed. if the
application is not signed by all adjoining real property owners, the "Street - Alley Closing Guarantee" form must be
attached.
Respectfully submitted by all adjoining property owners:
Signature of Property Owner
Property Owner's Name Printed ,, jj J
A'775 1-�CtWjdd
Address 1?e/3 X/ ;- o z5
4SFi,_'n._"
of Property Owner
�
Property ner's Na efrinted
�x�,i l j L�J
Address
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The foregoing instrument was sworn to and acknowledged
before me this _am day of _ 20L,
by C� �(T—A4=2
My Commission expires
o ubl' St e ai L rge
SEAL
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The foregoing instr4ent was s,—orn to and acknowledged
beforer�r; e this 1 q -- day of u a 20(0.
by J c ryc,� �- d72rJe
My Commission fires
Notary P ate at rge
SEAL
January 23. 2009
I i _, , r 7--r — ,. ___ __'1-11-1 I I – I , --i .... ,.-.... .... .. , - ----
f
^^Signat of Propert
((J1 Owner
I '��
6 grFt W f "i'PA)
Property Owner's Name Printe gg
. 0. (',ilk GZ' c3 GUCat .
AddressaD
Signature of Property Owner
Property Owner's Name Printed
Address
Signature of Property Owner
Property Owner's Name Printed
Address
STATE OF KENTUCKY }
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me thisday of(
20jQ,
by A
My Commission expires
kjj�4 P bfl St to at L r
SEAL
STATE OF KENTUCKY j
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me this day of .20—
by 20_,by
My Commission expires
Notary Public, State at Large
SEAL
STATE OF KENTUCKY j
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged
before me this day of 20_,
by
My Commission expires
Notary Public, State at Large
SEAL
January 23, 2009
CITY OF PADUCAH
STREET - ALLEY CLOSING APPLICATION FORM
Date: Atte. 31, 2W Q
Application is hereby made to the Mayor and Board of Commissioners nfor the closing of:
�A Street or _/An Alley Located: UI�_s�7r er_ awa I& r�on. �� �p 1'at%ucak
Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a plat showing the
street/alley to be closed. This application form, indicating consent of the right of way closure, has been signed and
notarized by all real property owners whose land adjoins the portion of right of way proposed to be closed. If the
application is not signed by all adjoining real property owners, the "Street - Alley Closing Guarantee" form must be
attached.
Respectfully submitted by all adjoining property owners:
Z� e
Signature of Property Owner
Tz� bL S
Property Owner's Name Printed
A775 /1?aufefd Itu/�(
Address r?e�t�� KI V10Z5
%
e
signaq06
of Property Owner
�c
Oto I GC
Property
vner's Na Tinted
Address
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The foregoing instrument was sworn to and acknowledged
beforerrm�-e this �day of 20101
by CygU n
My Commission expires .Wl,?,
o ubf St e at L rge
SEAL
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The foregoing instrgrgent was s or to and acknowledged
befo,ep athis i -day of (� .3 20/0,
by t ! 9 L. �,2JdeLL —
My Commission ires 7- of y - c- o r t
Notary Pi , ate at rge _
SEAL
January 23, 2009
EXHIBIT C TO ORDINANCE
THE DEVELOPMENT AGREEMENT
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT made and entered into on the ;Z,5 day of
October 2010 by and between the COUNTY OF MCCRACKEN, KENTUCKY, hereinafter
referred to as, "County" and BOSWELL & SIMS, a Kentucky general partnership comprised of
J. David Boswell and Van F. Sims, hereinafter collectively referred to as, "Owner."
WITNESSETH:
WHEREAS, County desirous to cause the development and construction of low-risk
restricted custody facility and a McCracken County Public Safety Complex upon real property
owned by the County and abutting a portion of an improved city street known as Adams Street
(the "Public Project"); and
WHEREAS, County is desirous of closing a portion of Adams Street from 6t' Street to 7`h
Street so as to effectuate the Public Project (hereinafter referred to as "Adams Street"); and
WHEREAS, Owner also owns real property abutting Adams Street having acquired same
by deed dated August 1, 1997, of record in Deed Book 878, page 434, in the McCracken County
Court Clerk's office; and
WHEREAS, Owner is agreeable to the closure of Adams Street and will transfer and
convey to the County any interest Owner has or will acquire by the closure, provided, however,
County grants, conveys and transfers to Owner, its successor and assigns, a permanent and
perpetual non-exclusive access, ingress, and egress easement over and across Adams Street; and
WHEREAS, County and Owner have now formulated a development agreement
regarding same, the terms and conditions of which are herein set forth.
NOW, THEREFORE, in consideration of the foregoing premises, and for other valuable
consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties
hereto, the parties do covenant and,agree as follows:
1. Owner hereby consents to the closure of Adams Street as a public right of way, which
closure shall be at the sole cost of the County. Owner will fully cooperate with the County in the
closure of Adams Street and will execute and deliver all documentation necessary for its closure.
Further upon closure, Owner agrees to grant and convey to the County by special warranty deed
of conveyance any right, title, and interest it may have in Adams Street, all at the cost of the
County. Said deed shall be in such form as acceptable by counsel for the County/
2. County hereby agrees, at its sole cost, to grant, transfer, and convey to Owner, its
successors and assigns, a permanent and perpetual non-exclusive right of access, ingress and
egress along and over Adams Street, for vehicular and pedestrian ingress and egress purposes,
beginning at the northwest comer of the intersection of Adams Street and Sixth Street and
continuing west along the north line of Adams Street for a distance of 166 feet 3 inches (the
"Easement Area.") The location of the points of ingress and egress to the Easement Area shall be
at locations selected by Owner, its successors and assigns, subject to such approval by the County
as governed by statutes or ordinances, which approval shall not be unreasonably withheld.
County agrees not to construct any gates or barriers or place any buildings or permanent
improvements on or over, or make any use of, any portion of the Easement Area that would
interfere with Owner's use thereof. County shall keep the Easement Area open and passable for
- the use of Owner, its successors and assigns, and their customers, agents, employees, and invitees
at all times. Further, the County shall execute and deliver to Owner a permanent access easement
in such form as acceptable to Owner.
3. The County shall repair and maintain the Easement Area and the roadway constructed
thereon in good order, condition and repair and pay the costs of such repair and maintenance.
4. This Agreement shall be binding upon the parties hereto, and their heirs, successors,
and assigns. Itis agreed and understood between the parties that this Agreement represents the
entire and exclusive agreement between the parties, and that all prior representations, covenants,
warranties, understandings, and agreements are merged herein. This Agreement may only be
modified in a writing executed by all parties hereto. This Agreement shall be governed and
construed under the laws of the Commonwealth of Kentucky.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and delivered
the same as of the day, month, and year first above written.
COUNTY OF MCCRACKEN, KENTUCKY
By _
Judge Executive�Kentuckygeneral
BOSWELL &SIM , a partnership
comprised of J. David Boswell and Van F. Sims,
By Q
J. D�vud Boswell, artner
By ZaKs
Van F. Sims, partner
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777777-777T� T
Approval
This Agreement has been presented to the Commissioners of the McCracken Fiscal court,
who have approved this Agreement.
Date:
NI