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Home My WebLink About2020-04-8630ORDINANCE NO. 2020-04-8630 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF PORTON OF AN ALLEY BETWEEN 160 AND 200 BRUCE AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME 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 160 and 200 Bruce Avenue as follows: LEGAL DESCRIPTION 16 foot wide Alley Right of Way Closure A portion of an existing 16 foot wide alley containing 0.1641 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on December 30, 2019 located on the east side of Bruce Avenue and south of Pecan Drive in Block "A" of Hillcrest Subdivision in Paducah, McCracken County, Kentucky, and being more particularly described as follows: Bearings described herein are based on a magnetic observation taken at the time of the survey. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the east right-of-way of Bruce Avenue and the centerline of the 16 foot wide alley right-of-way, said rebar being 25.00 feet east of the centerline of Bruce Avenue, said centerline point be located 46.87 feet north of the centerline intersection of Valley View Drive and Bruce Avenue; Thence with the east line of Bruce Avenue North 10 Degrees 24 Minutes 09 Seconds West for a distance of 8.13 feet to a 1/2" diameter rebar (found), said point being located 25.00 feet east at right angles from the centerline of Bruce Avenue; Thence with a common line to the W.M. Curtis property recorded in Deed Book 1171, Page 226 and being Tract 4 of Plat Section "L", Page 1939 the following (2) two courses: 1. North 69 Degrees 28 Minutes 51 Seconds East for a distance of 148.18 feet to a 3/4" diameter iron pipe (found); 2. South 74 Degrees 49 Minutes 18 Seconds East for a distance of 302.46 feet to a rebar and cap (set); Thence crossing the alley South 15 Degrees 10 Minutes 42 Seconds West for a distance of 16.00 feet to a 1/2" diameter rebar with a plastic cap stamped "DH Dummer PLS 1955" (found); Thence along a common line to the Kelly Curtis Morgan Walker property described in Deed Book 900, Page 139 and being Lot 22B of Plat Section "K", Page 973 the following (2) two courses: 1. North 74 Degrees 49 Minutes 18 Seconds West for a distance of 297.31 feet to a rebar and cap (set); 2. South 69 Degrees 28 Minutes 51 Seconds West for a distance of 145.88 feet to a rebar and cap {set), said point being located 25.00 feet east at right angles to the centerline of Bruce Avenue; Thence with the east line of Bruce Avenue North 10 Degrees 24 Minutes 09 Seconds West for a distance of 8.13 feet to the Point of Beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. 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. William Curtis, Kelly Curtis, Morgan Walker and Scott Walker, own the properties 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 March, 2020, 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. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street closing as authorized 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 Chapter 424. Brandi Harless, Mayor ATTEST: � L'indsay Parish, Citklerk _ Introduced by the Board of Commissioners, March 31, 2020 Adopted by the Board of Commissioners, April 14, 2020 Recorded by Lindsay Parish, City Clerk, April 14, 2020 Published by The Paducah Sun, April 17, 2020 \ord\eng\st close\160 and 200 Bruce Avenue CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. 2020-04-8630 adopted by the Board of Commissioners of the City of Paducah at a meeting held on April 14, 2020. A Pr' 1 Y\ City Clerk Exhibit A City of Paducah, Kentucky Public Right -of -Way Closure Application 'CITY OF PADUCA � t, c V-rUC Y PUISLFC RIGHT.or WAy CLOSURE APPLIC TfON I]afe: 2W202Ci 1'00,m ion is heirety Made to the Mayor and Board or cornmissicners far the cic sena of: Pu brit Right-of=iNFy. 16e Alley b2`tv'---n Bnrce Ave anci.Pecan olive dnckid!gd! h'ereQ,h is a riling fey of Five Runa.e Public IRe�ghl..-of �l�,ra1 C d oars atIn p) rns5nt r V�slh twretlMy 2i?j crshic� of Pit shvavin4 the signed andrFr�iariredd�byaliraJP xc aVnerslvhi�sefarld�doir t�afahaPkjttfc.Rig[lf,aP P;MYcla;6vre,has ween a'flsed_ I- the aF+alicatlon is aat signed by ari adjoining real pro crt y Owners, th e9•f A'uf lir. high; -O f Wvy, pr.Dp6, d to be Guarantee" WlsttlhR=2clled- p k rs the'�Pvbv..Piglrt-af-,err3yC.Iosuse R88pectfulfy submMt.�,d bya?l adicuaing prapprty :3,1.n L,5: sign2ti:re n Paoparh' INZET IdVilriam Curtis P'rropDrty Owner's Dame Prinrnd 160 Bruce Ave Paducaala KY d2€ DI Addra�; S;gnaWre of Propertg owner Prcperjc)veree''si2me Prinked 5 r Agit' -QF- tE.ki'rI: m. COUNTY OF UCCRA�_Il<p rq Ties feregping fnsiru ram' w5,51 sul,rn a arbl. seknc%todged bef)re me ihis slay of t- ab G by d CEJ E RGIE STATE OF KEH7.ICKY > CcUNa f or MuORACKEN } The fore*.0ing innWeeeantv#Yls: swprn k. 2nd acNnawladged :efare me 0,-- ci My Csrnrluesian expires Nuk;+ey Feubfiv, St,7tc 31 Lsfqu SEAL IRK "X jkv� Signature of Prorty Owne Kelly Curtis Morgan Walker Property Owner's Name Printed 200 Bruce Ave, Paducah, KY 42009 Address Signature of Properly Ow r 94 Scott Walker Property Owner's Name Printed 200 Bruce Ave, Paducah, KY 42001 Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN y The foregoing instrument was sworn to and acknowledged before n3e this %4- day of 7 r-8 2pTO, by 4LjZ IZ My Commisslon,aa J1 _i1,5 o->, ;Zaz3 ? t➢Ti � A STATE OF KENTUCKY j COUNTY OF MCCRACKEN j The foregoing instrument was sworn to and acknowledged before me this Z5 day of ji,8 .2020 by— f!544T4— My Commission exgi e STATE OF KENTUCKY i COUNTY OF MCCRACKEN ) The foregoing instrument was swom to and acknowledged before me this day of .20L__, by My Commisslon expires Notary Public, State at Large SEAL