HomeMy WebLinkAbout2004-2-676430
ORDINANCE NO. 2004-2-6764
AN ORDINANCE PROVIDING FOR THE CLOSING OF A
PORTION OF DUNDALE ROAD LOCATED ADJACENT TO
OAK STREET
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 Dundale Road located adjacent to Oak Street, and being more particularly described as
follows:
SITUATED ON THE OAK AVENUE WEST RIGHT OF WAY BETWEEN WALNUT DRIVE
AND BRIARWOOD DRIVE IN PADUCAH, MCCRACKEN COUNTY, KENTUCKY AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN WITH CAP (P.L.S. #1645) FOUND THIS SURVEY
AT THE INTERSECTION OF THE OAK AVENUE AND DUNDALE ROAD RIGHT OF
WAY; THENCE FROM THE POINT OF BEGINNING ALONG THE OAK AVENUE RIGHT
OF WAY SOUTH 19 DEGREES 42 MINUTES 37 SECONDS WEST A DISTANCE OF 50.71
FEET TO AN IRON PIN WITH CAP (P.L.S. #1645) FOUND THIS SURVEY; THENCE
NORTH 79 DEGREES 51 MINUTES 57 SECONDS WEST A DISTANCE OF 365.78 FEET TO
A POINT; THENCE NORTH 20 DEGREES 38 MINUTES 04 SECONDS EAST A DISTANCE
OF 50.84 FEET TO A POINT; THENCE SOUTH 79 DEGREES 51 MINUTES 57 SECONDS
EAST A DISTANCE OF 364.95 FEET TO A POINT IN THE THE OAK AVENUE RIGHT OF
WAY ALSO BEING THE POINT OF BEGINNING, CONTAINING 0.42 ACRES OR 18,264
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. Marquette Transportation Co., Inc., 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 2nd day of February, 2004, 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 centerline of the said public way.
Provided, however, that the City shall reserve such easements upon the above described real
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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 Mayor is further authorized to sign the plat of survey of the
proposed street closing.
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:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners February 10, 2004
Adopted by the Board of Commissioners February 24, 2004
Recorded by Tammara S. Brock, City Clerk, February 24, 2004
Published by The Paducah Sun, March 3, 2004
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