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HomeMy WebLinkAbout2005-11-7042574 ORDINANCE NO. 2005-11-7042 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY LOCATED ON THE EAST SIDE OF NORTH 6' STREET BETWEEN PARK AVENUE AND CAMPBELL STREET r 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 an alley located on the East side of North 6th Street between Park Avenue and Campbell Street, and being more particularly described as follows: A strip of land lying on the northerly side of North 6th Street approximately 160 feet westerly of the westerly right-of-way margin of Park Avenue in the City of Paducah, McCracken County Kentucky, being more particularly described as follows: Beginning at a point in the northerly right-of-way margin North 6th. Street, (60' RNO (30 feet from centerline), said point being located North 25 degrees 02'58" West, 160.00 feet from a 5/8"x24" iron rebar w/cap (set) PLS #3117 at the intersection of the northerly right-of-way margin of North 6th. Street and westerly right-of-way margin of Park Avenue; thence with the northerly right-of-way margin of North 6th. Street North 25 degrees 02'58" West, 26.50 feet to 3/8" iron rebar (f ld); thence leaving said northerly right-of-way margin and with the westerly line of the alley described herein North 64 degrees 57'02" East, 216.56 feet to a point, said point being the northwesterly corner of the alley described herein; thence with the northerly line of said alley South 25 degrees 02'58" East, 26.5 feet to a point, said point being the northeasterly corner of the alley described herein; thence with the easterly line of the alley described herein South 64 degrees 57'02" West, 216.56 feet to the point of beginning, containing 0.1317 acres or 5,738.8 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. Midwest Terminal, Inc. is the only real property owner whose land adjoins any part of the proposed right-of-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 7th day of November, 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. 575 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 ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, November 8, 2005 Adopted by the Board of Commissioners, November 22, 2005 Recorded by Tammara S. Brock, City Clerk, November 22, 2005 Published by The Paducah Sun, November 30, 2005 \ord\eng\stclose\alley-North 6th