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HomeMy WebLinkAbout2018-04-8522ORDINANCE NO. 2018-4-8522 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY BETWEEN SOUTH 31sT STREET AND MAPLE AVENUE, PARALLEL TO LONE OAK ROAD AND KENTUCKY AVENUE, 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 an alley between South 31' Street and Maple Avenue, parallel to Lone Oak Road and Kentucky Avenue, and being more particularly described as follows: TRACT "A" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31st STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31st STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 216.33 FEET TO THE AFOREMENTIONED POINT; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 25.96 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440), N 13 deg. 42 min. 28 sec. E, 31.88 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 361.54 SQUARE FEET OR 0.008 ACRES. TRACT "B" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 186.33 FEET; THENCE N 25 deg. 31 min. 40 sec. W, 12.50 FEET TO THE EASTERNMOST PROPERTY CORNER OF ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717); 173 THENCE TO AND ALONG COMMON LINES WITH ALBERTA AND MARSHALL DAVIS (D.B. 1255, PG. 717) , S 64 deg. 28 min. 20 sec. W, 192.26 FEET; THENCE S 50 deg. 54 min. 36 sec. E, 13.84 FEET TO THE POINT OF BEGINNING, CONTAINING 2,366.13 SQUARE FEET OR 0.054 ACRES. TRACT "C" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE FOLLOWING CALL FROM THE CITY MONUMENT LOCATED AT THE INTERSECTION OF THE CENTERLINE OF CLARK STREET AND THE CENTERLINE OF SOUTH 31st STREET, N 25 deg. 31 min. 40 sec. W, 861.27 FEET FOLLOWING THE CENTERLINE OF SOUTH 31st STREET TO THE CENTER OF THE SUBJECT 25 FOOT WIDE PUBLIC ALLEY, THENCE ALONG THE CENTERLINE OF THAT PUBLIC ALLEY, S 64 deg. 28 min. 21 sec. W, 204.34 FEET TO THE AFOREMENTIONED POINT, THAT AFOREMENTIONED POINT ALSO BEING THE NORTHERNMOST POINT OF TRACT "D"; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1160, PG. 467), N 64 deg. 28 min. 20 sec. E, 174.34 FEET; THENCE N 25 deg. 31 min. 40 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 64 deg. 28 min. 20 sec. W, 174.34 FEET TO THE POINT OF BEGINNING, CONTAINING 2,179.25 SQUARE FEET OR 0.050 ACRES; TRACT "D" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING THE SAME STARTING POINT DESCRIBED FOR TRACT "A"; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 64 deg. 28 min. 20 sec. E, 11.99 FEET; THENCE S 25 deg. 31 min. 39 sec. E, 12.50 FEET TO A PROPERTY CORNER OF CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483), S 64 deg. 28 min. 20 sec. W, 6.05 FEET; THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1260, PG. 606, D.B. 1179, PG. 300, D.B. 1160, PG. 483), S 13 deg. 174 42 min. 28 sec. W, 304.04 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 309.96 FEET TO THE POINT OF BEGINNING, CONTAINING 3,950.25 SQUARE FEET OR 0.091 ACRES; TRACT "E" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "A"; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1160, PG. 467) AND BURBANKS INVESTMENT, LLC (D.B. 998, PG. 440); THENCE TO AND ALONG COMMON LINES WITH CC CROSSROADS, LLC (D.B. 1179, PG. 300, D.B. 1160, PG. 483, D.B. 1160, PG. 467), S 13 deg. 42 min. 28 sec. W, 450.00 FEET TO THE EDGE OF MAPLE AVENUE; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. - E, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 450.00 FEET TO THE POINT OF BEGINNING, CONTAINING 5,625.00 SQUARE FEET OR 0.129 ACRES; TRACT "F" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHWEST PROPERTY CORNER OF TRACT "D"; THENCE S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO A PROPERTY CORNER SHARED BY CC CROSSROADS, LLC (D.B. 1260, PG. 606) AND AMFM, LLC (D.B. 1345, PG. 572); THENCE TO AND ALONG COMMON LINES WITH AMFM, LLC (D.B. 1345, PG. 572), S 13 deg. 42 min. 28 sec. W, 66.00 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, N 13 deg. 42 min. 28 sec. E, 66.00 FEET TO THE POINT OF BEGINNING, CONTAINING 825.00 SQUARE FEET OR 0.019 ACRES; TRACT "G" A TRACT OF LAND CURRENTLY USED AS A PUBLIC WAY LOCATED BETWEEN MAPLE AVENUE (A 60 FOOT WIDE STREET) AND SOUTH 175 THIRTY-FIRST (31 ST) STREET (A 60 FOOT WIDE STREET), SITUATED IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING AT THE SOUTHEAST PROPERTY CORNER OF TRACT "E"; THENCE ALONG THE EDGE OF MAPLE AVENUE, S 76 deg. 15 min. 22 sec. E, 12.50 FEET TO THE SOUTHWEST PROPERTY CORNER OF JOSEPH WAYNE GORLINE (D.B. 768, PG. 414); THENCE TO AND ALONG COMMON LINES WITH JOSEPH WAYNE GORLINE (D.B. 768, PG. 414, D.B. 959, PG. 530), N 13 deg. 42 min. 28 sec. E, 100.00 FEET; THENCE N 76 deg. 15 min. 22 sec. W, 12.50 FEET TO THE CENTERLINE OF THE SUBJECT ALLEY; THENCE ALONG THE CENTERLINE OF THE SUBJECT ALLEY, S 13 deg. 42 min. 28 sec. W, 100.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,250.00 SQUARE FEET OR 0.028 ACRES; BEARINGS IN THE ABOVE DESCRIPTIONS ARE BASED ON GRID NORTH AS DETERMINED BY KENTUCKY STATE PLANE COORDINATES, SOUTH ZONE (1602), NAD 83. 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. Alberta. Davis of CC Crossroads, LLC, and AMFM, LLC, Burton Washburn of Burbanks Investment, LLC, and Joseph Gorline 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 February, 2018, 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. 176 SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, March 27, 2018 Adopted by the Board of Commissioners, April 10, 2018 Recorded by Tammara S. Sanderson, City Clerk, April 10, 2018 Published by The Paducah Sun, April 13, 2018 \ord\eng\stclosing\alley-South 3l' & Maple Avenue 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. 2018-4-8522 adopted by the Board of Commissioners of the City of Paducah at a meeting held on April 10, 2018. City Clerk 177