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HomeMy WebLinkAbout2007-6-7294all We ORDINANCE NO. 2007-6-7294 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF SANDERS AVENUE AND A 15' WIDE ALLEY LOCATED IN BLOCKS 16 & 17 OF THE L. D. SANDERS ARCADIA SUBDIVISION 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 Sanders Avenue and a 15' wide alley located in Blocks 16 & 17 of the L. D. Sanders Arcadia Subdivision, and being more particularly described as follows: A certain part of a 15 foot wide undeveloped alley and part of an undeveloped section of Sanders Avenue as surveyed by Ricky A. Tosh, PLS No.2900 of the firm of Dummer Surveying and Engineering Services, Inc. of Paducah, Kentucky on July 5, 2006 being located in Blocks 16 and 17 of the L. D. Sander's Arcadia Sub -Division as recorded in Plat Section "A", Pages 218-219 south of Hickory Street and west of U.S. Highway 45 in Paducah, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a 1/2" diameter rebar with cap (set) 25.00 feet south at right angles from the centerline of Hickory Street, said centerline point being located 433.79 feet west of the centerline intersection of Hickory Street and U.S. Highway 45 (AKA Lone Oak Road) [all 1/2" diameter rebars and caps (set) are 1/2" diameter x 24" long rebars with plastic cap stamped "R. TOSH KYPLS 2900"]; THENCE from the POINT OF BEGINNING South 69 degrees 43 minutes 59 seconds East for a distance of 58.68 feet with the south right of way of Hickory Street [passing through a 1/2" diameter rebar with cap (set) at 23.86 feet], to a Concrete Monument (found) 25.00 feet south at right angles from the centerline of Hickory Street; THENCE along a curve to the left having a radius of 20.00 feet and an arc length of 20.00 feet, being subtended by a chord of South 81 degrees 56 minutes 52 seconds West for a distance of 19.18 feet with the east right of way of Sanders Avenue (undeveloped) and the west line of the Jonathan E. and Patricia A. Hines property described in Deed Book 640, Page 482 and recorded as part of Lots 14 and 15 in Block 16 of Plat Section "A", Page 278 to a Concrete Monument (found); THENCE South 53 degrees 18 minutes 08 seconds West for a distance of 224.22 feet continuing with the east right of way of Sanders Avenue (undeveloped) and the west line of the Hines property and the Elaine Leneave property described in Deed Book 408, page 387 and recorded as Lots 12 & 13 of Block 16 in Plat Section "A", Page 318 and the South Pointe Financial Cooperation property described in Deed Book 1061, Page 689 and recorded as Lot 11 of Block 16 in Plat Section "A", Page 218 [passing thought a 1/2" diameter rebar with cap (set) at 104.22 feet and a 1/2" diameter rebar with cap stamped "D.H.DUMMER PLS 1955" (found) at 184.22 feet] to a 1/2" diameter Iron Pipe (found); THENCE North 36 degrees 41 minutes 52 seconds West for a distance of 137.90 feet with the north line of the South Pointe Financial Cooperation property described in Deed Book 1061, Page 689 and recorded as the Nagle & Meyers Lot in Plat Section "A", Page 218 and the south right of way of a 15 foot wide undeveloped alley to a 1/2" diameter rebar with cap (found) in the east right of way of a 20 foot undeveloped alley; THENCE North 53 degrees 18 minutes 08 seconds East for a distance of 15.00 feet [passing through a 1/2" diameter rebar with cap (set) at 7.50 feet] to a 1/2" diameter rebar with cap (set) in the north right of way of the 15 -foot alley; THENCE South 36 degrees 41 minutes 52 seconds East for a distance of 97.90 feet with the north right of way of the 15 foot wide alley and the south line of the Maggie Ross property described in Deed Book 1093, Page 212 and recorded as Lots 1 and 2 of Block 17 in Plat Section "N', page 218 to 1/2" diameter rebar with cap (set); 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. Maggie Ross, Elaine Bleneave, Jonathan E. Hines, Patricia A. Hines, and Mid Country Bank, are the owners of property abutting the public way which the Board of 310 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 21St day of May, 2007, 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. 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: fd��� '� &�tA .r. Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, June 12, 2007 Adopted by the Board of Commissioners, June 26, 2007 Recorded by Tammara S. Brock, City Clerk, June 26, 2007 Published by The Paducah Sun, July 2, 2007 \ord\eng\stclosing\st & alley close -sanders ave 0