HomeMy WebLinkAbout2005-9-7022502
ORDINANCE NO. 2005-9-7022
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN
ALLEY LOCATED ON THE WEST SIDE OF LONE OAK ROAD AND TO THE NORTH OF
PLUM STREET
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City i of Paducah does hereby authorize the closing of a portion
of an alley located on the West side of Lone Oak Road to the North of Plum Street in Block No. 1 of
L.D. Sanders' Arcadia Subdivision, and being more particularly described as follows:
BEING A SEGMENT OF A TWENTY FOOT WIDE UNIMPROVED PUBLIC ALLEY
LOCATED IN BLOCK NO. 1 OF THE L.D. SANDERS' ARCADIA SUBDIVISION, THE
PLAT OF WHICH IS OF RECORD IN PLAT BOOK "A", PAGE 219 OF THE
McCRACKEN COUNTY COURT CLERK'S OFFICE, SAID ALLEY SEGMENT BEING
LOCATED NORTH OF PLUM STREET (F.K.A. DAVIS AVENUE AND/OR MAPLE
AVENUE) AND WEST OF LONE OAK ROAD AND/OR U.S. HIGHWAY 45 NEAR THE
HANNAN PLAZA SHOPPING CENTER COMPLEX IN PADUCAH, MCCRACKEN
COUNTY, KENTUCKY, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A STEEL ROD, V2 INCH IN DIAMETER, TWO FEET LONG,
WITH A YELLOW PLASTIC CAP STAMED "FMT ENGRS KYLS 1842"
(HEREINAFTER REFERRED TO AS A STEEL ROD AND CAP) SET WHERE
THE SOUTHERLY LINE OF LOT NUMBER 4 OF BLOCK NUMBER 1 OF
THE AFORESAID SUBDIVISION INTERSECTS THE EASTERLY LINE OF
A TWENTY FOOT WIDE, UNIMPROVED PUBLIC ALLEY; THENCE
PROCEED N. 660-25'-05" W. ACROSS SAID ALLEY, 20.00 FEET TO THE
SOUTHEASTERLY CORNER OF LOT NUMBER 12 OF THE AFORESAID
BLOCK NUMBER 1 ON THE WESTERLY LINE OF SAID ALLEY; THENCE
N. 230-38'-50" E. ALONG AND WITH THE WESTERLY LINE OF SAID
ALLEY AND THE EASTERLY LINES OF LOTS 12,13 AND 14 OF THE
AFORESAID BLOCK AND SUBDIVISION, 151.58 FEET TO A STEEL ROD
AND CAP SET AT THE NORTHEASTERLY CORNER OF SAID LOT 14 ON
THE NORTHERLY LINE OF SAID BLOCK NO. 1; THENCE S. 86°-51'-55" E.
ALONG AND WITH THE NORTHERLY LINE OF SAID BLOCK, 21.35 FEET
TO A STEEL ROD AND CAP SET AT THE NORTHWESTERLY CORNER
OF LOT NUMBER 1 OF SAID DEVELOPMENT ON THE EASTERLY LINE
OF SAID ALLEY; THENCE S. 230-38'-50" W. ALONG AND WITH SAID
EASTERLY LINE, 159.06 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PROPERTY.
THE AFORESAID ALLEY SEGMENT CONTAINS 3,106 SQUARE FEET OR 0.071
ACRE AND IS SUBJECT TO RIGHTS FOR EXISTING UTILITIES IF ANY SO
EXISTS WITHIN THE BOUNDARIES OF SAID PROPERTY.
THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON AND ASSUMED
BEARING OF N.230-38'-50" E. ALONG THE WESTERLY LINE OF THE
AFORESAID TWENTY FOOT WIDE ALLEY.
THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY
PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS McINTOSH & TREMPER,
INC., 124 SOUTH 31sT STREET, PADUCAH, KENTUCKY, FROM A BOUNDARY
LINE SURVEY MADE OF THE SUBJECT SITE AND ADJACENT PROPERTY, THE
SAID SURVEY HAVING BEEN COMPLETED ON OR ABOUT NOVEMBER 19,
2003.
503
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. George G. Sirk, Jr.—Managing Member of Valley Road Properties, 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 6th 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 0k +__ ^''
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners September 13, 2005
Adopted by the Board of Commissioners September 27, 2005
Recorded by Tammara S. Brock, City Clerk, September 27, 2005
Published by The Paducah Sun, October 4, 2005
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