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HomeMy WebLinkAbout98-8-59280 0 ORDINANCE NO. 98-8- Sq 1 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNIMPROVED ALLEY LOCATED EAST OF U.S. 62, SOUTH OF BROWN STREET, NORTH OF MURRAY STREET AND WEST OF GREEN STREET BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of an unimproved alley located east of U S 62, south of Brown Street, north of Murray Street and west of Green Street, and more particularly described as follows: A CERTAIN TRACT OF LAND AS SURVEYED BY RICKY A. TOSH PLS NO. 2900 OF THE FIRM OF DUMAffiR SURVEYING & ENGINEERING SERVICES, INC. OF PADUCAH, KENTUCKY ON JULY 8, 1998 LOCATED ON THE EAST SIDE OF U.S. 62 IN THE CITY OF PADUCAH, MCCRACKEN COUNTY, KENTUCKY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "D.H. DUMN ER 1955" (FOUND) 30 FEET EAST OF RIGHT ANGLES FROM THE CENTERLINE OF U.S. HIGHWAY 62, SAID CENTERLINE POINT BEING 301.22 FEET SOUTH WITH SAID CENTERLINE FROM THE CENTERLINE INTERSECTION OF U. S. HIGHWAY 62 AND BROWN STREET; THENCE SOUTH 27 DEGREES 44 MINUTES AND 00 SECONDS EAST FOR A DISTANCE OF 25.90 FEET WITH THE EAST REIGHT OF WAY OF U.S. HIGHWAY 62 TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "D.H. DUMN ER 1955" (SET) 30 FEET EAST AT RIGHT ANGLES FROM THE CENTERLINE OF SAID HIGHWAY; THENCE SOUTH 63 DEGREES 07 MINUTES 32 SECONDS EAST FOR A DISTANCE OF 77.29 FEET WITH THE NORTH LINE OF THE SILLS CYCLE CENTER, INC. PROPERTY DESCRIBED IN DEED BOOK 868. PAGE 271 TO A 3/8" DIAMETER REBAR (FOUND); THENCE NORTH 26 DEGREES 52 MINUTES 28 SECONDS EAST FOR A DISTANCE OF 15.00 FEET TO A 3/4" DIAMETER REBAR (FOUND); THENCE NORTH 63 DEGREES 07 MINUTES 32 SECONDS WEST FOR A DISTANCE OF 98.40 FEET,WITH THE SOUTH LINE OF THE SILLS CYCLE CENTER, INC. PROPERTY DESCRIBED IN DEED BOOK 861, PAGE 353 TO THE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO COVENANTS, EASEMENTS, RIGHT-OF-WAY AND RESTRICTIONS OF RECORD AND IN EXISTENCE. SAID PROPERTY CONTAINS 0.0302 ACRES. BEARINGS STATED HEREIN ARE BASED ON A RECORD BEARING OF NORTH 27 DEGREES 44 MINUTES 00 SECONDS WEST ALONG THE CENTERLINE OF U.S. 62. PLAT REFERENCE: PLAT BOOK "A", PAGE 136 798.145LEG r 23 ..-,...,.- , -- ...� _-,.--- .I —T.., .xc.�s_ .. ....._.,.r .. ............_ �777—T--- ..,.._ _ ,.,.._�.,. _ , rc, ...r. n .a-w.w.c ,"_ 24 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 Donald R. Sills of Sills Cycle Center 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 20th day of July, 1998, 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. SECTION 5. This ordinance shall be read on two separate days and become effective upon publication of title and certified summary thereof. ATTEST: XIT�YCLER14 Introduced by the Board of Commissioners August 11, 1998 Adopted by the Board of Commissioners August 25, 1998 Recorded by the City Clerk August 25, 1998 Published by The Paducah Sun, . / / 8 \winword\ordinanc\p1an\a11ey 1 Mayor PiV Tem