HomeMy WebLinkAbout2002-9-6574361
ORDINANCE NO. 2002-9- C 5 '%y
AN ORDINANCE PROVIDING FOR THE CLOSING OF
PETTER AVENUE LOCATED EAST OF LONE OAK ROAD
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of Petter
Avenue located east of Lone Oak Road, and being more particularly described as follows:
Lying on the Easterly side of Lone Oak Road (U. S. Highway 45) and being Petter
Avenue, as shown on the unrecorded Plat of Phillip's Park Subdivision, City of
Paducah, McCracken County, Kentucky, and more particularly bounded and
described as follows to wit:
Beginning at a point in the Easterly right-of-way line of Lone Oak Road at its
intersection with the Northerly right-of-way line of Petter Avenue, said point
being at the Southwesterly corner of the Clyde Love Distributing Co. property per
Deed Book 709, Page 498; THENCE FROM SAID POINT OF BEGINNING S
70° 57' 49" E with the Northerly right-of-way line of said Petter Avenue and the
Southerly line of said Clyde Love Distributing Co. property 289.60 feet to a point
at the Southeasterly corner of said Clyde Love Distributing Co. property and the
Northeasterly corner of said Petter Avenue, said point also being in the center of a
ditch and Westerly line of a Street Reservation, as shown on unrecorded Plat of
Phillip's Park Subdivision; thence S 36° 37' 47" W with the center of said ditch
and the Easterly end of said Petter Avenue 49.91 feet to a point at the
Southeasterly corner of said Petter Avenue and Northeasterly corner of the Clyde
Love Distributing Co. property per Deed Book 668, page 302, said point also
being in the aforesaid Westerly line of a Street Reservation shown on the
unrecorded Plat of Phillip's Park Subdivision; thence N 70° 57' 49" W with the
Southerly right-of-way line of said Petter Avenue and the Northerly line of said
Clyde Love Distributing Co. property and passing a % inch rebar with Cap No.
2105 at 268.56 feet, which is the Northwesterly corner of said Clyde Love
Distributing Co. property for a total distance of 278.60 feet to a %2 inch rebar with
Cap No. 2105 at the Southwesterly corner of said Petter Avenue and a point in the
original Easterly right-of-way line of Lone Oak Road; thence N 23° 56' 41" E
with the original Easterly right-of-way line of said Lone Oak Road 47.75 feet to a
1/2 inch rebar with Cap No. 2105, the point of beginning and containing 13,516
square feet, as shown on "Street Closing for Michael Love — McDonald's"
prepared by Hunter Martin & Associates, Inc. dated July 16, 2002.
The above legal description was written by Rod H. Martin, Kentucky Licensed
Professional Land Surveyor, on the 15th day of July, 2002, and is correct to the
best of my knowledge and belief.
Kentucky Licensed Professional
Land Surveyor No. 2105
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. Clyde Love Distributing Company (aka McDonald's Corp.) 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.
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
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.
Mayo pr em
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners August 27, 2002
Adopted by the Board of Commissioners September 10, 2002
Recorded by Tammara S. Brock, City Clerk, September 10, 2002
Published by The Paducah Sun, September 17, 2002
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