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HomeMy WebLinkAbout96-4-5476 A529 ORDINANCE NO. 96-4 A AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF BROOKLINE DRIVE IN HEATHER HILLS SUBDIVISION BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: 0l SECTION 1. That the City of Paducah does hereby authorize closing a portion of Brookline Drive in Heather Hills, more particularly described as follows: Being a parcel of land in the Heather Hill Subdivision, City of Paducah, McCracken County, Kentucky, more particularly described as follows: Begining at a point in the North right of way line of the former Brookline Drive (25' from the centerline), 335.00 feet from the northwest corner of Heather Hill Subdivision, recorded in Plat Book "G" Page 390 (Section B), adjoining the Conrad Heights Subdivision recorded in Plat Book "G" Page 373; thence from said point of beginning, North 56141'00" East, 163.69 feet to a point; thence, 27.98 feet along an arc to the left, having a radius of 20.00 feet, the chord of which is North 16'36'32" East, 25.75 feet to a point in the right of way of Sherwood Drive; thence, along said right of way, 39.54 feet along an arc to the left, having a radius of 230.00 feet, the chord of which is South 28123'28" East, 39.49 feet to a point; thence along said right of way, South 33119'00" East, 47.23 feet to a point in said right of way; thence, leaving said Sherwood Drive right of way, 31.42 feet along an arc to the left, having a radius of 20.00 feet, the chord of which is North 78018'58" West 28.28 feet to a point; thence South 56041'00" West, 160.00 feet to a point in the division lines of Heather Hill and Conrad U Heights Subdivisions; thence, North 33 ° 19'00" West, 50.00 feet to the point of beginning. The above described parcel contains 0.210 acres. 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. A. Todd Trimble and wife, Pamela Trimble, and Randy Warmath and wife, Judy Warmath, 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 16th day of January, 1996, 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. 330 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. 3-�Fol"W-2. r. ATTEST: Introduced by the Board of Commissioners March 26, 1996 Adopted by the Board of Commissioners April 9, 1996 Recorded by Lenita Smith, City Clerk, April 9, 1996 Published by The Paducah Sun, / 3 , /9 96 \winword\ordinanc\p&b\stclose\brooklin