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HomeMy WebLinkAbout2006-3-7093655 ORDINANCE NO. 2006-3-7093 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY LOCATED OFF THE EAST SIDE OF BOYD STREET BETWEEN NORTH 8' STREET AND NORTH 9TH STREET, 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' X 70' alley located on the easterly side of Boyd Street between North 8th Street and North 9th Street, and being more particularly described as follows: Lying on the Easterly side of Boyd Street and being in Block "N" to Addition "F" of the Harris, Flournoy, Trimble and Norton's Addition to the City of Paducah, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %2 inch rebar with Cap No. 2105 set in the Easterly right-of-way line of Boyd Street at the Northwesterly corner of a 20 foot alley, said point also being at the Southwesterly corner of the Wyatt Bell & Co. property per Deed Book 875 Page 449; THENCE FROM SAID POINT OF BEGINNING Southeastwardly with the Northerly line of said 20 foot alley and the Southerly line of said Wyatt Bell & Co. property 70.00 feet to a %2 inch rebar with Cap No. 2105 set at the Northeasterly corner of said 20 foot alley; thence Southwestwardly with an interior angle of 900 03' 38" and with the Easterly line of said 20 foot alley 20.00 feet to a %2 inch rebar with Cap No. 2105 set at the Southeasterly corner thereof and in the Northerly line of the Wyatt Bell & Co. property per Deed Book 877 Page 498; thence Northwestwardly with an interior angle of 890 56' 22" and with the Southerly line of said 20 foot alley and the Northerly line of said Wyatt Bell & Co. property 70.00 feet to a %2 inch rebar with Cap No. 2105 set at the Southwesterly corner of said 20 foot alley and the Northwesterly corner of said Wyatt Bell & Co. property, said point also being in the Easterly right- of-way line of aforesaid Boyd Street; thence Northeastwardly with an interior angle of 900 03' 38" and with the Easterly right-of-way line of said Boyd Street 20.00 feet to the point of beginning, making a closing interior angle of 890 56' 22" and containing 1,400 square feet as shown on "Alley Closing for Wyatt Bell & Co." prepared by Hunter Martin & Associates, Inc. dated February 10, 2006. The above legal description was written by Rod H. Martin, Kentucky Licensed Professional Land Surveyor, on the 10th day of February 2006, and is correct to the best of my knowledge and belief. 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. Wyatt Bell & Company 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 March 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. 656 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. The City of Paducah hereby authorizes the Mayor to sign the plat of survey titled, "Alley Closing for Wyatt Bell & Company for North Stn Street and Boyd Street". SECTION 6. 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, March 6, 2006 Adopted by the Board of Commissioners, March 28, 2006 Recorded by Tammara S. Brock, City Clerk, March 28, 2006 Published by The Paducah Sun, April 4, 2006 \ord\eng\stclosin\alley-east of Boyd St 0