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HomeMy WebLinkAbout2008-3-7402ORDINANCE NO. 2008-3-7402 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A 30' ALLEY LOCATED IN BLOCK 69 NORTH OF 8" STREET AND EAST OF NORTHVIEW STREET 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 a 30' alley located in Block 69 north of 8th Street and east of Northview Street, and being more particularly described as follows: Tract C Description from the Closure of a portion of an alley, East of Northview Street January 8, 2008 Being a parcel of land, and being part of 7th Street, East of Northview Street as depicted on City of Paducah City Street Book 3 Pages 12 and 24 in the City of Paducah's Engineering Department and more particularly described as follows: Beginning at an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", in the South right of way line for 8th Street, the southwest corner of City Block 59 and the southeast corner of City Block 69, the southeast corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1124 Page 59; thence along the East line of Block 69, North 31 degrees 53 minutes 06 seconds East, 153.31 feet to an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", in the south line of an alley 30 feet in width being a portion previously closed by Plat recorded in Plat Book L-1888 and Quitclaimed to the Paducah/McCracken County Joint Sewer Agency by Deed recorded in Deed Book 1129 Page 737, the northeast corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1124 Page 59; thence, along the South line of the alley, North 61 degrees 46 minutes 54 seconds West, 120.00 feet, to an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", the northwest corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1124 Page 59, the northeast corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1098 Page 499, the true Point of Beginning; thence, from the point of beginning, North 31 degrees 53 minutes 06 seconds East, 30.06 feet to an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", in the North line of the alley, the southwest corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1118 Page 390; thence along the north line of the alley, North 61 degrees 46 minutes 54 seconds West, 40.00 feet to an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", set this survey; thence South 31 degrees 53 minutes 06 seconds West, 30.06 feet to an iron pin with aluminum cap stamped "CDG Inc., P.L.S. 3219", set this survey, the northwest corner of the Paducah/McCracken County Joint Sewer Agency property, recorded in Deed Book 1098 Page 499, the northeast corner of the Midstates Construction Company, Inc. property recorded in Deed Book 868 Page 592; thence along the south line of the alley, South 61 degrees 46 minutes 54 seconds East, 40.00 feet to the point of beginning containing 0.0275 acres or 1,200.00 square feet more or less. As surveyed by Civil Design Group, inc., A. Clay Robinson, PLS 3219. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: 589 a. Joint Sewer Agency is the only real property owner whose land adjoins any part of the proposed right-of-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 4th day of February, 2008, 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: &2�2���_IzfAer-k ammara S. Brock, City Clerk Introduced by the Board of Commissioners, February 26, 2008 Adopted by the Board of Commissioners, March 11, 2008 Recorded by Tammara S. Brock, City Clerk, March 11, 2008 Published by The Paducah Sun, March 17, 2008 \ord\eng\stclose\alley-N of 8th and E of Northview l�D