HomeMy WebLinkAbout2005-10-7025Z100
ORDINANCE NO. 2005-10-7025
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
EMMETT STREET AND AN UNNAMED ALLEY LOCATED ADJACENT TO EMMETT
STREET ON THE EAST SIDE OF U.S. HIGHWAY 45
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 Emmett Street and an unnamed alley located adjacent to Emmett Street on the east side of U.S.
Highway 45 (Lone Oak Road), and being more particularly described as follows:
A TRACT OF LAND LYING ON THE EASTERLY SIDE OF U.S. HIGHWAY
45 (A.K.A. LONE OAK ROAD) APPROXIMATELY 634 FEET
SOUTHWESTERLY FROM THE INTERSECTION OF U.S. HIGHWAY 45
AND JACKSON STREET, IN THE CITY OF PADUCAH, MCCRACKEN
COUNTY KENTUCKY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 5/8"X24" IRON REBAR W/CAP (SET) PLS #3117
IN THE EASTERLY RIGHT-OF-WAY MARGIN OF U.S. HIGHWAY
45 (A.K.A. LONE OAK ROAD) (R/W VARIES), SAID IRON REBAR
BEING LOCATED SOUTH 09 DEGREES 52'00" WEST 179.21 FEET
FROM A %2" IRON REBAR W/CAP (FND) PLS # 1842 IN THE
EASTERLY RIGHT-OF-WAY MARGIN OF US HIGHWAY 45 (A.K.A.
LONE OAK ROAD), SAID IRON REBAR BEING THE
SOUTHWESTERLY CORNER OF THE E & T ENTERPRISE, LLC
PROPERTY OF RECORD IN DEED BOOK 1053, PAGE 610
MCCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE
LEAVING SAID EASTERLY LINE AND WITH THE NORTHERLY
LINE OF EMMETT STREET (FORMERLY BEYER AVENUE) AND
WITH THE SOUTHERLY LINE OF THE AFORESAID E & T
ENTERPRISE, LLC PROPERTY SOUTH 67 DEGREES 11'39" EAST,
314.48 FEET TO A 5/8" X 24" IRON REBAR W/CAP (SET) PLS #3117;
THENCE SOUTH 22 DEGREES 44'21" WEST, 60.00 FEET TO A %2"
IRON REBAR W/CAP (FND) PLS #1955; THENCE WITH THE
SOUTHERLY LINE OF EMMETT STREET (UNIMPROVED) AND
THE NORTHERLY LINE OF LOT 16 HOLLAND AND GRASSHAM
SUBDIVISION BLOCK A OF RECORD IN PLAT SECTION A, PAGE
115, SAID LINE BEING THE NORTHERLY LINE OF THE E & T
ENTERPRISE, LLC PROPERTY OF RECORD IN DEED BOOK 1053,
PAGE 610 NORTH 67 DEGREES 11'39" WEST, 155.00 FEET TO A %2"
IRON REBAR W/CAP (FND) PLS #1955; THENCE WITH THE
EASTERLY LINE OF A 16 FOOT ALLEY (UNIMPROVED) AND
WITH THE WESTERLY LINE OF LOTS 16 &15 HOLLAND AND
GRASSHAM SUBDIVISION SOUTH 22 DEGREES 44'21" WEST,
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99.98 FEET TO A'/2" IRON REBAR W/CAP (FND) PLS #1955;
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THENCE SEVERING SAID UNIMPROVED ALLEY NORTH 67
DEGREES 15'39" WEST, 16.00 FEET TO A'/2" IRON REBAR W/CAP
(FND) PLS #1842; THENCE WITH THE WESTERLY LINE OF SAID
UNIMPROVED ALLEY AND THE EASTERLY LINE OF LOTS 2 & 1
HOLLAND AND GRASSHAN SUBDIVISION NORTH 22 DEGREES
44'21" EAST, 100.00 FEET TO A %i" IRON REBAR W/CAP (FND) PLS
#1955; THENCE WITH THE SOUTHERLY LINE OF EMMETT
STREET (UNIMPROVED) AND THE NORTHERLY LINE OF LOT 1
509
NORTH 67 DEGREES 11'39" WEST, 141.52 FEET TO A %i" IRON
REBAR W/CAP (FND) PLS #1955 IN THE EASTERLY RIGHT-OF-
WAY MARGIN OF U.S. HIGHWAY 45 AND AT THE
NORTHWESTERLY CORNER OF LOT 1; THENCE WITH THE
EASTERLY RIGHT-OF-WAY MARGIN OF U.S. HIGHWAY 45
NORTH 20 DEGREES 52'17" EAST, 60.04 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.4685 ACRES, OR 20,410 SQUARE
FEET.
SUBJECT PROPERTY BEING A PORTION OF EMMETT STREET
(UNIMPROVED) AND A 16 -FOOT ALLEY (UNIMPROVED).
SUBJECT PROPERTY BEING THE SAME PROPERTY AS SHOWN
ON PLAT OF STREET & PARTIAL ALLEY CLOSING AS
DETERMINED BY SCI SURVEYORS, INC. JEFFREY K. CLARK, PLS
#3117 DATED MAY 13, 2005.
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. E&T Enterprises, LLC, is the owner 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 September, 2005, 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:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, September 27, 2005
Adopted by the Board of Commissioners, October 11, 2005
Recorded by Tammara S. Brock, City Clerk, October 11, 2005
Published by The Paducah Sun, October 17, 2005
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