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HomeMy WebLinkAbout2006-1-7067617 ORDINANCE NO. 2006-1-7067 AN ORDINANCE PROVIDING FOR THE CLOSING OF KEILER STREET LOCATED BETWEEN BROADWAY AND KENTUCKY AVENUE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of Keiler Street located between Broadway and Kentucky Avenue, and being more particularly described as follows: A certain part of Keiler Street as surveyed by David M. Bosch PLS No.3564 of the firm of Dummer Surveying and Engineering Services, Inc. of Paducah, Kentucky on October 03, 2005 being a portion of Keiler Street from the south side of Broadway to the north side of a closed portion of Kentucky Avenue in Paducah, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a Mag Nail (set) 33.00 feet south at right angles from the centerline of Broadway, said centerline point being located 326.01 feet east with the centerline of Broadway from the centerline intersection of Broadway and 30th Street; THENCE from the POINT OF BEGINNING North 69 degrees 03 minutes 16 seconds East for a distance of 60.00 feet with the south right-of-way of Broadway to a Mag Nail (set); THENCE South 20 degrees 21 minutes 14 seconds East for a distance of 338.02 feet with the east right-of-way of Keiler Street and The First Baptist Church property described in Deed Book 436, Page 594 to a 1/2" diameter rebar with a plastic cap stamped "R.TOSH KYPLS 2900" (set); THENCE South 69 degrees 30 minutes 46 seconds West for a distance of 60.00 feet with the north line of a closed portion of Kentucky Avenue described in City Ordinance, Book 13, Page 875 to a Mag Nail (set); THENCE North 20 degrees 21 minutes 14 seconds West for a distance of 337.54 feet with the west right-of-way of Keiler Street and John W. Keiler Park described in Deed Book 170, Page 582 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 0.4653 acres. 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. First Baptist Church 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 December 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. The City of Paducah hereby authorizes the Mayor to sign the plat of survey titled, "Plat of Survey of the Street Closure of a Portion of Keiler Street," and the City grants an ingress -egress easement as shown on said plat. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, January 10, 2006 Adopted by the Board of Commissioners, January 24, 2006 Recorded by Tammara S. Brock, City Clerk, January 24, 2006 Published by The Paducah Sun, January 31, 2006 \ord\eng\stclosing\keiler st