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HomeMy WebLinkAbout2011-10-7866ORDINANCE NO. 2011-10-7866 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF ADAMS STREET AND TWO PUBLIC ALLEYS BOUNDED BY CLARK STREET ON THE NORTH, JACKSON STREET ON THE SOUTH, SOUTH 31sT STREET ON THE EAST, AND LONE OAK ROAD ON THE WEST, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME 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 and two public alleys bounded by Clark Street on the North, Jackson Street on the South, South 31St Street on the East, and Lone Oak Road on the West, and being more particularly described as follows: ADAMS STREET CLOSURE LEGAL DESCRIPTION - TRACT 1-A A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S. #3445, being a 50' public right of way known as Adams Street generally located east of Lone Oak Road and west of South 31St Street, Paducah, McCracken County, Kentucky, and being more particularly described as: Beginning at a point located at the intersection of the north right-of-way line of Adams Street and the west right of way line of South 31St Street; thence with the Adams Street north right-of-way line S55°06'23"W a distance of 183.10 ft. to a point; thence continuing with the Adams Street north right-of-way line S63°49'38"W a distance of 51.06 ft. to a point; thence continuing with the Adams Street north right-of-way line S55°34'38"W a distance of 104.91 ft. to a point; thence with the Adams Street west right-of-way line S34°24'36"E a distance of 200.10 ft. to a point; thence with the Adams Street north right-of-way line S55°35'24"W a distance of 960.00 ft. to a point, said point also being located in the Lone Oak Road east right-of-way line; thence with the Adams Street's west right-of-way line and with the Lone Oak Road east right-of-way line S01035'08"W a distance of 61.80 ft. to a point; thence with the Adams Street south right-of-way line and leaving the Lone Oak Road east right-of-way line N55°35'24"E a distance of 1,032.35 ft. to a point; thence with the Adams Street east right-of-way line N32°04'57"W a distance of 107.46 ft. to a point; thence continuing with the Adams Street east right-of-way line N61'17'1 I "E a distance of 7.41 ft. to a point; thence continuing with the Adams Street east right-of-way line N35°36'03"W a distance of 88.00 ft. to a point; thence with the Adams Street south right-of-way line N57°08'54"E a distance of 283.64 ft. to a point, said point also being located in the South 31St Street west right-of-way line; thence with the Adams Street east right-of-way line and with the South 31St Street west right-of-way line N25'3 1'01"W a distance of 58.50 ft. to the Point of Beginning. The above described Tract contains 75,527 square feet (1.73 Acres). ALLEY CLOSURE LEGAL DESCRIPTION - TRACT 1-B A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445, being a 50' public Alley right-of-way generally located west of Adams Street and south of Clark Street, Paducah, McCracken County, Kentucky, and being more particularly described as: Beginning at a point located at the intersection of the west right-of-way line of Adams Street and the alley's north right-of-way line as dedicated per City of Paducah's Ordinance #84-6-2529 (recorded in Plat Book "H", Page 691); thence with the alley north right-of-way line and leaving the Adams Street west right-of-way line S55°34'38"E a distance of 450.00 ft. to a point; thence with the alley west right-of-way line S34°24'36"E a distance of 50.00 ft. to a point, said point also being located in an alley's south right-of-way line as shown in the Schmaus Addition (recorded in Plat Book "A", Page 190 & 191); thence with the alley south right-of-way line N55°35'24"E a distance of 450.00 ft. to a point, said point also being located in the Adams Street west right-of- way line; thence with the Adams Street west right-of-way line N34°24'36"W a distance of 50.10 ft. to the Point of Beginning; The above described Tract contains 22,522 square feet (0.52 Acres). ALLEY CLOSURE LEGAL DESCRIPTION - TRACT 1-C A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445, being a public Alley right-of-way generally located south of Adams Street and east of Lone Oak Road, Paducah, McCracken County, Kentucky, and being more particularly described as: Beginning at a point located at the intersection of the south right-of-way line of Adams Street and the east right-of-way line of Lone Oak Road; thence with Adams Street south right-of-way line and leaving the Lone Oak Road east right-of-way line N55°35'24"E a distance of 176.80 ft. to the True Point of Beginning, said point also being located in an alley's west right-of-way line as shown in the Schmaus Addition (recorded in Plat Book "A", Page 190 & 191); thence with the alley west right-of-way line and leaving the Adams Street south right-of-way line S34°24'36"E a distance of 165.00 ft. to a point; thence with the alley south right-of-way line N55°35'24"E a distance of 848.86 ft. to a point; thence with the alley east right-of-way line N32°04'57"W a distance of 164.71 ft. to a point, said point also being located in the Adams Street south right-of-way line; thence with the Adams Street south right-of-way line S55035'24"W a distance of 10.56 ft. to a point, said point being located in the alley west right-of-way line; thence with the alley west right-of-way line and leaving the Adams Street south right-of-way line S31°44' 1 FE a distance of 150.16 ft. to a point; thence with the alley north right-of-way line S55°35'24"W a distance of 818.00 ft. to a point; thence with the alley east right-of- way line N34°24'36"W a distance of 150.00 ft. to a point, said point also being located in the Adams Street south right-of-way line; thence with the Adams Street south right-of- way line S55°35'24"W a distance of 20.00 ft. to the True Point of Beginning. The above described Tract contains 17,391 square feet (0.40 Acres). 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. Paducah Independent School District Finance Corporation et al, 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 19th day of September, 2011, 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 will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: 61,49 CL Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, September 27, 2011 Adopted by the Board of Commissioners, October 11, 2011 Recorded by Tammara S. Brock, City Clerk, October 11, 2011 __. Published by The Paducah Sun, October 17, 2011 \ord\eng\st close\st & alley close-adams st