HomeMy WebLinkAbout2001-9-6415140
ORDINANCE NO. 2001-9- 4005
rJ
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
WHEELER STREET, LINCOLN STREET, GARFIELD STREET, MILLER STREET, A
PORTION OF AN ALLEY LOCATED ADJACENT TO GARFIELD STREET, AND A
PORTION OF AN ALLEY LOCATED BETWEEN GARFIELD STREET AND LINCOLN
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 Wheeler Street, Lincoln Street, Garfield Street, Miller Street, a portion of an alley
located adjacent to Garfield Street, and a portion of an alley located between Garfield Street and
Lincoln Street, and being more particularly described as follows:
DESCRIPTION OF STREET AND ALLEY RIGHTS -OF -WAYS
TO BE CLOSED AND VACATED
BEING PORTIONS OF CERTAIN STREET AND ALLEY RIGHTS -OF -WAYS LOCATED IN THE
MILLER AND OWEN WILLOWWOOD SUBDIVISION LOCATED NEAR THE NORTHEASTERLY
CORNER OF THE INTERSECTION OF IRVIN COBB DRIVE AND MAYFIELD ROAD IN THE
CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY, THE PLAT OF SAID SUBDIVISION
BEING OF RECORD IN PLAT SECTION "A", PAGE 195 OF THE McCRACKEN COUNTY COURT
CLERK" OFFICE, SAID RIGHTS -OF -WAYS TO BE CLOSED AND VACATED BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
1. WHEELER AVENUE — A 50 FOOT WIDE RIGHT-OF-WAY EXTENDING FROM THE
EASTERLY RIGHT-OF-WAY LINE OF AN ALLEY LOCATED IN BLOCKS 1 AND 6 OF
SAID SUBDIVISION TO THE EASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET
FOR AN APPROXIMATE DISTANCE OF 598.6 FEET.
2. LINCOLN STREET — A 58.50 FOOT WIDE RIGHT-OF-WAY EXTENDING FROM THE
SOUTHERLY LINE OF LOT NO. 15 OF BLOCK NO. 6 OF SAID DEVELOPMENT TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF GUTHRIE AVENUE FOR AN APPROXIMATELY
DISTANCE OF 674.30 FEET.
3. GARFIELD STREET — A 58.50 FOOT WIDE RIGHT-OF-WAY EXTENDING FROM THE
NORTHERLY RIGHT-OF-WAY LINE OF IRVIN COBB DRIVE TO THE NORTHERLY
RIGHT-OF-WAY LINE OF WHEELER AVENUE FOR AN APPROXIMATE DISTANCE OF
461.17 FEET.
4. MILLER STREET — A 40 FOOT WIDE RIGHT-OF-WAY EXTENDING FROM THE
EASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET IN AN EASTERLY
DIRECTION FOR AN APPROXIMATE DISTANCE OF 244.0 FEET.
A 15.6 FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK NO. 5 OF THE AFORESAID
SUBDIVISION AND EXTENDING FROM THE NORTHERLY RIGHT-OF-WAY LINE OF
IRVIN COBB DRIVE NORTHERLY TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
WHEELER AVENUE FOR AN APPROXIMATE DISTANCE OF 365.10 FEET.
6. A 15.6 FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK NO.2 OF THE AFORESAID
SUBDIVISION AND EXTENDING FROM THE NORTHERLY RIGHT-OF-WAY LINE OF
WHEELER AVENUE NORTHERLY TO THE PROJECTED NORTHERLY LOT LINE OF
LOT NO. 5 IN SAID BLOCK NO.2 FOR AN APPROXIMATE DISTANCE OF 250.00 FEET.
7. A 15.0 FOOT WIDE PUBLIC ALLEY LOCATED IN BLOCK NO.4 OF THE AFORESAID
SUBDIVISION AND EXTENDING FROM THE EASTERLY RIGHT-OF-WAY LINE OF
GARFIELD STREET IN AN EASTERLY DIRECTION FOR AN APPROXIMATE DISTANCE
OF 194.0 FEET.
141
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. Wayne Lindsey, and wife, Linda Lindsey and Paducah & Louisville
Railway, Inc. are the owners 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 6th day of August 2001, 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.
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.
SECTION 5. The Mayor is further authorized to sign the plat of survey of the
proposed street and alley closings.
SECTION 6. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to
ATTE T:
AITYLERK
Introduced by the Board of Commissioners August 28, 2001
Adopted by the Board of Commissioners September 11, 2001
Recorded by Lenita Smith, City C rk, September 11, 2001
Published by The Paducah Sun,
\winword\ord\eng\stclosing\Wheeler, Lincoln, Garfield, Miller Srtreets