HomeMy WebLinkAbout2017-07-8492ORDINANCE NO. 2017-7-8492
AN ORDINANCE PROVIDING FOR THE CLOSING OF A 16 FOOT ALLEY
BETWEEN OHIO STREET TO THE 16.5 FOOT ALLEY BETWEEN SOUTH 1 l"' STREET TO
SOUTH 12'h STREET, 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 16 foot
alley between Ohio Street to the 16.5 foot alley between South 11'x' Street to South 12ffi Street, and
being more particularly described as follows:
LEGAL DESCRIPTION
ALLEY CLOSING
A certain alley containing 0.0606 acres as surveyed by Ricky A. Tosh, PLS 2900 of the
firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on
February 14, 2017, located in Block 8 of Churchill's Addition to the City of Paducah,
being located between Ohio Street and Jackson Street and between South 11th Street and
South 12th Street in Paducah, McCracken County, Kentucky and being more particularly
described as follows:
Bearings described herein are based on a magnetic observation taken at the time to this
survey.
All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped
"R. TOSH KYPLS 2900".
Beginning at a rebar and cap (set) 33.00 feet north of the centerline of Ohio Street, said
centerline point being located 194.50 feet east of the centerline intersection of Ohio Street
and South 12th Street;
Thence from the Point of Beginning North 21 Degrees 16 Minutes 06 Seconds West for a
distance of 165.00 feet with the east line of the Aaron Prather property described in Deed
Book 1310, Page 683 to a rebar and cap (set) on the south line of a 16.50 foot wide alley
running from South 11th Street to South 12th Street;
Thence North 68 Degrees 43 Minutes 54 Seconds East for a distance of 16.00 feet along
the south line of said 16.50 foot alley to a rebar and cap (set);
Thence South 21 Degrees 16 Minutes 06 Seconds East for a distance of 165.00 feet with
the west line of the Aaron Prather property described in Deed Book 1228, Page 310 and
the west line of the Gary and Janet Freeman property described in Deed Book 678, Page
196 and Deed Book 567, Page 412 to a rebar and cap (set) on the north right of way of
Ohio Street.
Thence South 68 Degrees 43 Minutes 54 Seconds West for a distance of 16.00 feet with
the north right of way of Ohio Street to the point of beginning,
Together with a subject to covenants, easements, right of ways and restrictions of record
and in existence.
This tract of land is subject to a 16.00 foot wide public utility easement.
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. Aaron Prather, Gary Freeman and Janet Freeman 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.
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b. On the 15th day of May, 2017, 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.
ayor
ATTEST:
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Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, June 27, 2017
Adopted by the Board of Commissioners, July 11, 2017
Recorded by Tammara S. Sanderson, City Clerk, July 11, 2017
Published by The Paducah Sun, July 14, 2017
\ord\eng\st close\alley — Ohio St S 11th to S 12th
CERTIFICATION
I, Tammara S. Sanderson, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah,
Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. 2017-7-8492 adopted by the Board
of Commissioners of the City of Paducah at a meeting held on July 11, 2017.
City Clerk
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