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HomeMy WebLinkAbout2018-08-8544ORDINANCE NO. 2018-8-8544 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF ADAMS STREET, A PORTION OF SOUTH 24TH STREET AND AN ALLEY PARALLEL TO SOUTH 24TH AND 25TH STREETS, BETWEEN ADAMS STREET AND JACKSON 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 portion of Adams Street, a portion of South 24th Street and an alley parallel to South 24th and 25th Streets, between Adams Street and Jackson Street as follows: ADAMS STREET & SOUTH 24th STREET LEGAL DESCRIPTION — TRACT A A certain tract of land as surveyed by David R. Curtsinger, P.L.S.0892 and being generally located on the north side of Adams Street and the east side of South 24th Street, Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a 1/2" diameter x 18" long rebar & cap stamped 'BFW/DRC #3892 (set), said point being the north right-of-way of Adams Street and the east right-of-way of South 25th Street intersection, and being 30.0 ft. at right angles from the above said South 25th Street centerline, said point also being the southwest corner of the Paducah Independent School District Finance Corporation property (recorded in Deed Book 1290, Page 384); Thence leaving the above said South 25th Street right-of-way, with the north right-of-way of Adams Street and with the south line of the above said Paducah Independent School District Finance Corporation property N64°58' 17"E a distance of 460.00 ft. to a magnetic nail (set) at the north right- of-way of Adams Street and the east right-of-way of South 20' Street intersection; Thence with the said east right-of-way of South 24th Street S25°01'43"E a distance of 405.20 ft. to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892" (set), on the north right-of-way of Jackson Street; Thence with the said north right-of-way of Jackson Street, and at right angles from the above said east right-of-way of South 24th Street S64°58' 17"W a distance of 30.00 ft. to a magnetic nail (set), said point being in the centerline of South 24th Street; Thence with the above said centerline of South 24th Street N25°01'43"W a distance of 372.20 ft. to a magnetic nail (set), said point being at the intersection of the centerlines of South 24th Street and Adams Street; Thence with the above said centerline of Adams Street S64°58' 17"W a distance of 430.00 ft. to a magnetic nail (set) at the intersection of the east right-of-way of South 25th Street and the centerline of Adams Street; Thence with the above said east right-of-way of South 25th Street and at right angles to the above said centerline of Adams Street N25'0 1'43"W a distance of 33.00 ft. to the Point of Beginning; The above described Tract contains 0.6048 acres (26,346 square feet). ADAMS STREET & SOUTH 24th STREET LEGAL DESCRIPTION — TRACT B A certain tract of land as surveyed by David R. Curtsinger, P.L.S.#3892 and being generally located on the south side of Adams Street and the west side of South 24th Street, Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (found), said point being the intersection of the east right-of-way of South 25th Street and the south right-of-way of Adams Street, and being 30.0 ft. at right angles from the above said South 25th Street centerline, said point also being the northwest corner of Tract "A" of the Board of Education of Paducah, KY property as recorded in Plat Section "M", Page 1266 of the McCracken County Clerk's Office; Thence with the above said east right-of-way of South 25th Street, and at right angles to south right- of-way of Adams Street N25°01'43"W a distance of 33.00 ft. to a magnetic nail (set), said point being on the east right-of-way of South 25th Street and in the centerline of Adams Street; Thence with the said centerline of Adams Street N64°58' 17"E a distance of 430.00 ft. to a magnetic nail (set), said point being at the intersection of the centerlines of South 24th Street and Adams Street; Thence with the said centerline of South 24th Street S25°01'43"E a distance of 206.10 ft. to a magnetic nail (set), said point being at the intersection of the centerline of South 24th Street and the extended centerline of a 16.5' wide alley; Thence with the said centerline of the 16.5' wide alley S64°58' 17"W a distance of 430.00 ft. to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (set) on the east right-of-way of South 25th Street; Thence with the above said east right -of way of South 25th Street N25°01'43"W a distance of 8.25 ft. to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (found), said point being at the intersection of the east right-of-way of South 25th Street and the north right-of-way of above said 16.5' wide alley, and also being the southwest corner of the aforementioned Tract "A" of the Board of Education of Paducah, KY property; Thence with the above said north right-of-way of the 16.5' wide alley, and the south line of the said Tract "A" of the Board of Education of Paducah, KY property N64°58' 17"E a distance of 400.00 ft to an "X" mark chiseled in sidewalk (found) on the west right-of-way of South 24th Street, said point being the southeast corner of the said Tract "A" of the Board of Education of Paducah, KY property; Thence with the said west right-of-way of South 24th Street, and the east line of the said Tract "A" of the .Board of Education of Paducah, KY property N25°01'43"W a distance of 164.85 ft. to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (found) at the intersection of the west right-of-way of South 24th Street and the south right-of-way of Adams Street, said point being the northeast corner of the said Tract "A" of the Board of Education of Paducah, KY property; Thence with the said south right-of-way of Adams Street, and the north line of the said Tract "A" of the Board of Education of Paducah, KY property S64°58' 17"W a distance of 400.00 ft. to the Point of Beginning The above described Tract contains 0.5206 acres (22,678 square feet). ALLEY CLOSURE LEGAL DESCRIPTION — TRACT C A certain tract of land as surveyed by David R. Curtsinger, P.L.S.#3892 and being generally located between South 20 Street and South 25th Street, and between Adams Street and Jackson Street (US Highway 62) in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (set), said point �— being the intersection of the east right-of-way of South 25th Street and the centerline of a 16.5' wide alley, said point also being NS25°01'43"W a distance of 173.10 ft. from a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (found) at the intersection of the north right-of-way of Jackson Street (US Highway 62) and the east right-of-way of South 25th Street; Thence leaving said east right-of-way of South 25th Street, along the said centerline of a 16.5' wide alley N64°58' 17"E a distance of 430.00 ft. to a magnetic nail (set), said point being the intersection of the centerline of South 20h Street and the extended centerline of the said 16.5' wide alley; Thence with the said centerline of South 24th Street S25°01'43"E a distance of 166.10 ft. to magnetic nail (set), said point being at the intersection of the said centerline of South 24th Street and the north right-of-way of Jackson Street (US Highway 62); Thence with the said north right-of-way of Jackson Street (US Highway 62) S64°58'17"W a distance of 30.00 ft. to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (set), said point being on the west right-of-way of South 24th Street and on the east line of Tract `B" of the Board of Education of Paducah, KY property as recorded in Plat Section "M", Page 1266 of the McCracken County Clerk's Office; Thence with the said west right-of-way of South 24th Street and the east line of the aforementioned Tract `B" of the Board of Education of Paducah, KY property N25°01'43"W a distance of 157.85 ft. to an "X" mark chiseled in sidewalk (found) at the intersection of the said west right-of-way of South 24f Street and the south right-of-way of the said 16.5' wide alley, said point also being the northeast corner of the said Tract `B" of the Board of Education of Paducah, KY property; Thence with the said south right-of-way of the 16.5' wide alley, and the north line of the said Tract "B" of the Board of Education of Paducah, KY property S64°58' 17"W a distance of 400.00' to a 1/2" diameter x 18" long rebar & cap stamped "BFW/DRC #3892 (found) on the east right of way of South 25th Street, said point being the northwest corner of the said Tract `B" of the Board of Education of Paducah, KY property; Thence with the said east right-of-way of 25h Street N25°01'43"W a distance of 8.25 ft. to the Point of Beginning; The above described Tract contains 0.1902 acres (8,283 square feet). 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 owns the properties 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 (Exhibit A). b. On the 2nd day of July, 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. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTI�ST: " moi P"� Lindsay Parish,lCity Clerk Introduced by the Board of Commissioners, July 24, 2018 Adopted by the Board of Commissioners, August 21, 2018 Recorded by Lindsay Parish, City Clerk, August 21, 2018 Published by The Paducah Sun, August 23, 2018 \ord\eng\st close\South 24ffi and Adams Street CERTIFICATION I, Lindsay Parish, 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. 2018-8-8544 adopted by the Board of Commissioners of the City of Paducah at a meeting held on August 21, 2018. City Clerk Exhibit A City of Paducah, Kentucky Public Right -of -Way Closure Application CITY OF PADUCAH, KENTUCKY QD PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Date: L i -3 1 Application is hereby made to the Mayor and Board of Commissioners for the closingf: o Public Right -of -Way: ftQ/cFp�/ 5i 5" "ai 1 7 40pt) . j_4 `7• VisiTH i Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee' must be attached. Respectfully submitted by all adjoining property owners: Signature of Property Owner kI� I +Gant lar/ Property Owner's Name Printed Addregg 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 this 13kday of awl 20)? , by LOiLlianti -Al a0 -- My Commission expires Notary Rublic, State at Large 3 SEAL m A a STATE OF KENTUCKY )'arRyO„ptw" COUNTY OF McCRACKEN ) The foregoing instrument was swom to and acknowledged before me this day of 20_, by My Commission expires Notary Public, State at Large SEAL