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Home My WebLink About2020-06-8639ORDINANCE NO. 2020-06-8639 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF AN ALLEY BETWEEN 1420 MARTIN LUTHER KING JR. DRIVE & 1415 HARRISON STREET AND THE DEDICATION OF A NEW ALLEY BETWEEN 1400 MARTIN LUTHER KING JR. DRIVE & 1401 HARRISON STREET 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 an alley between 1420 Martin Luther King Jr. Drive & 1415 Harrison Street and the dedication of a new alley between 1400 Martin Luther King Jr. Drive & 1401 Harrison Street as follows: LEGAL DESCRIPTION ALLEY CLOSURE A certain Alley Right of Way containing 819 Square Feet as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on March 30, 2020, located between Martin Luther King Jr. Drive and Harrison Street and between North 14th Street and Harahan Street in Block "E" of Harahan Subdivision recorded in Plat Section "A", Page 94 in the City of Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 9, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). All rebars and caps (found or set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900". Commencing at a rebar and cap (set) in the south right of way of Martin Luther King Jr. Drive, 33.00 feet south of the street centerline, said centerline point be located 239.00 feet west of the centerline intersection of Martin Luther King Jr. Drive and North 14th Street, thence from the commencing point South 25 Degrees 39 Minutes 21 Seconds East for a distance of 164.03 feet with the east line of a 13.60 foot wide alley to a rebar and cap (set) at the Point of Beginning and the northwest corner of the herein described alley right of way: Thence North 65 Degrees 01 Minutes 58 Seconds East for a distance of 52.59 feet with the south line of the Fredrick Jones property described in Deed Book 1243, Page 613 and a common line to the City of Paducah property described in Deed Book 1231, Page 5 to a rebar and cap (found); Thence South 24 Degrees 58 Minutes 02 Seconds East for a distance of 15.60 feet with another common line to the City of Paducah property to a rebar and cap (set); Thence South 65 Degrees 01 Minutes 58 Seconds West for a distance of 52.40 feet with the north line of the Andrew Suggs property described in Deed Book 1121, Page 682 to a rebar and cap (set); Thence North 25 Degrees 39 Minutes 21 Seconds West for a distance of 15.60 feet with the east line of a 13.60 foot wide alley to the True Point of Beginning. Together with and subject to covenants, easements, right of ways and restrictions of record and in existence. LEGAL DESCRIPTION 23 foot Alley Dedication A certain tract of land containing 7,910 Square Feet as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on March 30, 2020, fronting on Martin Luther King Jr. Drive and Harrison Street and between North 14th Street and Harahan Street in Block "E" of Harahan Subdivision recorded in Plat Section "A", Page 94 in the City of Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on Grid North from GPS static observation made on January 9, 2020. The horizontal control is based Kentucky State Plane Coordinates System South Zone (NAD 83) (2011) (NAVD 88) (GEOID 18). All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900". Beginning at a Mag Nail and washer stamped "PLS 2900" (set) 33.00 feet south of the centerline of Martin Luther King Jr. Drive, said centerline point being located 151.54 feet west of the centerline intersection of Martin Luther King Jr. Drive and North 14th Street; Thence from the point of beginning South 24 Degrees 59 Minutes 10 Seconds East for a distance of 343.93 feet severing the lands of the City of Paducah property described in Deed Book 1231, Page 5 to a rebar and cap (set) 33.00 feet north of the centerline of Harrison Street, said centerline point being located 151.57 feet west of the centerline intersection of Harrison Street and North 14th Street; Thence South 65 Degrees 08 Minutes 03 Seconds West for a distance of 23.00 feet along the north right of way of Harrison Street to a rebar and cap (set); Thence North 24 Degrees 59 Minutes 10 Seconds West for a distance of 343.85 feet severing the lands of the City of Paducah property described in Deed Book 1231, Page 5 to a rebar and cap (set) in the south right of way of Martin Luther King Jr. Drive; Thence North 64 Degrees 56 Minutes 01 Seconds East for a distance of 23.00 feet along the south right of way of Martin Luther King Jr. Drive to the point of beginning and being a part of the property described in Deed Book 1231, Page 5. 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. Frederick E Jones and Andrew Suggs own the properties abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the consent for street and/or alley closing which is attached hereto and made part hereof (Exhibit A). b. On the 4h day of May, 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 and new dedication of the aforesaid public ways. C. Written notice of the proposed closing and new dedication was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the consent 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. 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: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, May 26, 2020 Adopted by the Board of Commissioners, June 9, 2020 Recorded by Lindsay Parish, City Clerk, June 9, 2020 Published by The Paducah Sun, June 12, 2020 \ord\eng\st close\alley close and dedication — MLK Dr. & Harrison St. 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. 2020-06-8639 adopted by the Board of Commissioners of the City of Paducah at a meeting held on June 9, 2020. 'City Clerk Exhibit A City of Paducah, Kentucky Public Right -of -Way Closure Consent CJTY'GF PADUCAH, KEWTUM PUBLIC RIGHT-OF-WAY CLOSURE CONSENT Date: 511/20 (Consent Is hereby given to the Mayor and Hoard of CornrnlsslonW5 for ibe closing of: pub'l a Right -of -Way: Alley Iocatmd battveen 9420 Martin Lusher Krog Jr Chive,& 9418 HarNson Stress This form indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the p"on of Publiie Right -of -Way proposed to be cloud. 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