HomeMy WebLinkAbout2007-1-7224ORDINANCE NO. 2007-1-7224
AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY
LOCATED OFF THE WEST SIDE OF BIRCH STREET AND NORTH OF LONE OAK
C1 ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY
DOCUMENTS FOR COMPLETION OF SAID CLOSING
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of a 20'
alley located on the west side of Birch Street and 195.22' north of Lone Oak Road, and being
more particularly described as follows:
A certain 20 foot wide alley 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 Block 26 of the L. D. Sander's Arcadia Sub -Division as recorded in Plat
Section "A", Pages 218-219 south of Sanders Avenue and west of Birch Street in
Paducah, McCracken County, Kentucky, and being more particularly described as
follows:
Beginning at a Mag Nail (set) 20.00 feet west at right angles from the centerline of Birch
Street, said centerline point being located 195.22 feet north of the centerline intersection
of Birch Street and U.S. Highway 45 (AKA Lone Oak Road);
THENCE from the POINT OF BEGINNING South 56 degrees 33 minutes 29 seconds
West for a distance of 184.78 feet with the south right of way of said alley and the north
line of the Newcomb Oil Co., LLC described in Deed Book 1096, Page 733 and Deed
Book 1096, Page 737 and recorded as Lots 1, 2, 3, 4, and 5 of Block 26 In Plat Section
"A", Pages 218-219 to a 1/2" diameter rebar with cap (set) in the east line of the Belle
Meade Company. LTD. property described in Deed Book 602, Page 808 and recorded in
Plat Section "G", Page 7, [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 North 21 degrees 37 minutes 57 seconds West for a distance of 20.43 feet with
the east line of the Belle Meade Company. LTD. property to a 1/2" diameter rebar with
cap (set) in the north right of way of said alley;
THENCE North 56 degrees 33 minutes 29 seconds East for a distance of 180.60 feet with
the north right of way of said alley and the south line of the Tommy and Eva Lambert
property as referenced by Will Book "W", Page 310 and recorded as Lots 6, 7, 8 and 9 of
Block 26 in Plat Section "A", Pages 218-219 to a 1/2" diameter rebar with cap (set) 20.00
feet west at right angles from the centerline of Birch Street;
THENCE South 33 degrees 26 minutes 31 seconds East for a distance of 20.00 feet with
the west right of way of Birch Street to the POINT OF BEGINNING;
Together with and subject to covenants, easements, right-of-ways and restrictions of
record and in existence.
Said property contains 0.0839 acres.
The bearings described herein are based on a magnetic observation taken in 1995.
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. Thomas E. and Eva H. Lambert, Newcomb Oil Company, LLC, and
Bellemeade Company, Ltd. 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 18th day of December 2006, 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 and all necessary documents 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. The City of Paducah hereby authorizes the Mayor to sign the plat of
survey titled, "Alley Closing in Block 26 of the L. D. Sander's Arcadia Subdivision".
SECTION 6. An emergency is hereby declared to exist due to an existing time
schedule that is dependent upon the alley closure being finalized prior to scheduled transactions
between the adjacent property owners. Therefore, this ordinance shall become effective
immediately with one reading.
A TEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, January 9, 2007
Adopted by the Board of Commissioners, January 9, 2007
Recorded by Tammara S. Brock, City Clerk, January 9, 2007
Published by The Paducah Sun, January 15, 2007
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