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HomeMy WebLinkAbout2004-11-6894281 ORDINANCE NO. 2004-11-6894 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF KENTUCKY AVENUE BETWEEN SOUTH 27TH STREET AND SOUTH 28TH 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 Kentucky Avenue between South 27th Street and South 28"' Street, and being more particularly described as follows: BEGINNING AT A %2" REBAR WITH PLASTIC CAP STAMED "FMT ENGRS KY LS 1842", HEREINAFTER REFERRED TO AS %2" REBAR, SET AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF- WAY LINE OF KENTUCKY AVENUE AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF 27th STREET, THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF 27th STREET; 30 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, S 28001'30" E, 66.00 FEET TO A %2 " REBAR SET ON THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF KENTCUKY AVENUE; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE, 33 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, S 62000'00" W, 400.00 FEET TO A MAG NAIL SET NEAR THE BACK OF A CONCRETE SIDEWALK ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF 28TH STREET, THENCE ALONG THE NORTHEASTERLY RIGHT- OF-WAY LINE OF 28th STREET 30 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, N 28°01'30" W, 66.00 FEET TO A V2" REBAR SET ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE; THENCE ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF KENTUCKY AVENUE, 33 FEET FROM AND PARALLEL TO THE CENTERLINE THEREOF, N 62000'00" E, 400.00 FEET TO THE POINT OF BEGINNING, CONTAINING 26,400 SQUARE FEET OR 0.606 ACRE. BEARINGS IN THE PREVIOUS DESCRIPTION ARE BASED UPON A MAGNETIC BEARING OF N 62000'00" E OBSERVED ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KENTUCKY AT TIME OF SURVEY, OCTOBER 21, 2004. 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. Baptist Healthcare System, 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 1st day of November, 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. i 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. �2.. ,,,�.,��:. M-sa_ene•.�,�,&mua���,.:.�:uvuum:.�u��,�d,�wlAm��.sy:�4 �:...I�hHw�v��mluud.��nu.��:u��,,.�.�, II.... , „ .i em:m.�u�L,�n��,t�v.��".m��,�m ���r=ismvemwmm,mer�mwmemmy:.nne��:�m I ���mem�:.�e�,�. I 202 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 become effective upon publication of title and certified summary thereof. ATTEST: AO Tammara S. Brock, City Clerk Introduced by the Board of Commissioners November 9, 2004 Adopted by the Board of Commissioners November 23, 2004 Recorded by Tammara S. Brock, City Clerk, November 23, 2004 Published by The Paducah Sun, November 29, 2004 \ord\eng\stclosin\27th & 28th Streets . 0 ME