HomeMy WebLinkAbout2013-04-8031ORDINANCE NO. 2013-4-8031
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF SOUTH
4TH STREET (A.K.A. AS MYERS STREET) AT WAYNE SULLIVAN DRIVE AND A PORTION
OF WOOODWARD STREET AT SOUTH 4TH STREET AND WAYNE SULLLIVAN DRIVE,
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
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 South 4th Street (A.K.A. as Myers Street) at Wayne Sullivan Drive and a portion of Woodward
Street at South 4th Street and Wayne Sullivan Drive as follows:
South 4th Street (aka Myers Street) Road Closure
Being a portion of South 4th Street, near the intersection of Woodward Street and
South 4th Street and Wayne Sullivan Drive, near the Paducah -McCracken County
Riverport Authority, 2000 Wayne Sullivan Drive, in the City of Paducah,
McCracken County, Kentucky and being more particularly described as follows:
Beginning at a PK nail set this survey in the north right of way of South 4th Street
and the north right of way of Wayne Sullivan Drive, also being the southwest
corner to the Paducah -McCracken County Riverport Authority (PMCRA), as
recorded in Deed Book 567 Page 503, also the southwest corner of an eight foot
right of way easement for Paducah and Louisville Railway recorded in Deed
Book 68 Page 464, also the southeast corner for Lonestar Industries, Inc.
recorded in Deed Book 795 page 446; thence, from the point of beginning, along
the north right of way line of South 4th Street and the south right of way of
Paducah and Louisville Railways, South 55 degrees 35 minutes 56 seconds East
a distance of 366.91 feet to an iron pin stamped "CDG INC. PLS #3219" set this
survey in the north right of way of South 4th Street; thence along a new right of
way line established this survey, along a curve to the left with a radius of 232.76
feet, a chord of 37.43 feet and a bearing of South 81 degrees 45 minutes and 9
seconds West to a PK nail set this survey; thence along a curve to the left with a
radius of 232.76 feet, a chord of 29.23 feet and a bearing of South 89 degrees 57
minutes 54 seconds West to a PK nail set this survey in the south right of way of
South 461 Street and a corner to the PMCRA; thence along the south right of way
of South 4th Street, North 55 degrees 35 minutes 56 seconds West a distance of
272.73 feet to a concrete right of way monument set this survey in the north right
of way of Wayne Sullivan Drive; thence along a new right of way line
established this survey, along a curve to the left with a radius of 863.91 feet, a
chord of 37.72 feet and a bearing of North 40 degrees 49 minutes 8 seconds
West to a PK nail set this survey; thence North 34 degrees 24 minutes 4 seconds
East a distance of 23.38 feet to a PK nail set this survey to the point of
beginning;
A total area of 0.250 acres (10,901.87 S.F.).
As surveyed by Civil Design Group, Inc. A. Clay Robinson, PLS 3219 on
January 7, 2013.
Woodward Street Road Closure
Being a portion of Woodward Street, near the intersection of South 4th Street and
Woodward Street and Wayne Sullivan Drive, near the Paducah -McCracken
County Riverport Authority, 2000 Wayne Sullivan Drive, in the City of Paducah,
McCracken County, Kentucky and being more particularly described as follows:
Beginning at a PK nail set this survey in the intersection of the south right of
way of South 4th Street and the northwest right of way of Woodward Street, also
being the northeast corner to the Paducah -McCracken County Riverport
Authority (PMCRA), as recorded in Deed Book 630 Page 283; thence from the
point of beginning, along the south right of way of South 4t' Street, South 55
degrees 35 minutes 56 seconds East a distance of 60 feet to a PK nail set this
survey, a corner to the PMCRA as recorded in Deed Book 590 Page 355 and
Deed Book 600 Page 204; thence South 34 degrees 12 minutes 10 seconds West
a distance of 64.67 feet to an iron pin stamped "CDG INC. PLS #3219" set this
survey in the north right of way of Wayne Sullivan Drive; thence along the north
right of way of Wayne Sullivan Drive, North 67 degrees 22 minutes 48 seconds
West a distance of 20.55 feet to an iron pin stamped "CDG INC. PLS #3219" set
this survey; thence along the north right of way of Wayne Sullivan Drive, North ,
29 degrees 41 minutes 33 seconds West a distance of 44.37 feet to an iron pin
stamped "CDG INC. PLS #3219" set this survey, a corner to PMCRA; thence
North 34 degrees 12 minutes 10 seconds East a distance of 49.48 feet to a PK
nail set this survey to the point of beginning;
A total area of 0.085 acres (3,701.82 S.F.).
As surveyed by Civil Design Group, Inc. A. Clay Robinson, PLS 3219 on January 7,
2013.
SECTION 2. In support of its decision to close the aforesaid public way, the Board
of Commissioners hereby makes the following findings of fact:
Paducah -McCracken County Riverport Authority and P & L Railroad, 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 15th day of April, 2013, 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. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Nofi
mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, April 23, 2013
Adopted by the Board of Commissioners, April 30, 2013
Recorded by Tammara S. Sanderson, City Clerk, April 30, 2013
Published by The Paducah Sun, May 8, 2013
\ord\eng\st closeWh & Woodward