HomeMy WebLinkAbout2014-03-8124704
ORDINANCE NO. 2014-3-8124
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF A 15'
ALLEY FROM BETHEL STREET TOWARD MAIN STREET, 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 15'
alley from Bethel Street toward Main Street, and being more particularly described as follows:
PROPERTY DESCRIPTION
A PORTION OF A PUBLIC RIGHT OF WAY — AN ALLEY LOCATED IN BLOCK 2 OF
THE THURMAN HUGHES HERZOG AND BETHEL ADDITION TO THE CITY OF
PADUCAH
Being a portion of a public right of way located in Paducah, McCracken County Kentucky, dedicated to the City of
Paducah as part of THE THURMAN, HUGHES, HERZOG, AND BETHEL ADDITION TO THE CITY OF
PADUCAH lodged in the McCracken County Clerk's office in plat book "A" page 80, and being more particularly
described as follows:
BEGINNING AT A POINT IN THE NORTH RIGHT OF WAY LINE OF BETHEL STREET,
25.00' FROM THE CENTER OF SAID, WHERE THE WESTERLY RIGHT OF WAY LINE OF
BETHEL STREET INTERSECTS THE NORTHERLY RIGHT OF WAY LINE OF KY 284
(BRIDGE STREET); THENCE, ALONG THE WESTERLY LINE OF BETHEL STREET,
NORTH 34 DEGREES 2 MINUTES 55 SECONDS EAST, 167.70 FEET TO MAG NAIL SET
IN ASPHALT PAVEMENT THIS SURVEY, SAID POINT BEING THE SOUTH EAST
CORNER OF THE PARCEL HEREIN DESCRIBED, THE NORTH EAST CORNER OF THE
FRATERNAL ORDER OF EAGLES (FOE) TRACT (DB 546 PG 402), AND THE TRUE
POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE AT RIGHT
ANGLES TO BETHEL STREET AND WITH THE NORTH LINE OF FOE, NORTH 55
DEGREES 57 MINUTES 5 SECONDS WEST, 132.00 FEET TO A MAG NAIL SET IN
ASPHALT THIS SURVEY. SAID BEING THE SOUTH WEST CORNER OF THE TRACT
HEREIN DESCRIBED AND BEING LOCATED IN THE NORTH LINE OF INGRAM (DB 944,
PG 223); THENCE, AND AT A RIGHT ANGLE, NORTH 34 DEGREES 2 MINUTES 55
SECONDS EAST, 15.00 FEET TO A PIN WITH CAP STAMPED PLS #1645 FOUD THIS
SURVEY; THENCE AT A RIGHT ANGLE AND CONTINUING WITH THE SOUTH LINE OF
FOE (DB 583, PG 180 & 570), SOUTH 55 DEGREES 57 MINUTES 5 SECONDS EAST,
132.00 FEET TO AN IRON PIN WITH CAP STAMPED PLS #1645 FOUND THIS SURVEY.
SAID BEING THE NORTH EAST CORNER OF THE PARCEL HEREIN DESCRIBED AND
THE SOUTH EAST CORNER OF THE FOE (DB 583, PG 180 & 570) TRACT; THENCE AT A
RIGHT ANGLE, SOUTH 34 DEGREES 2 MINUTES 55 SECONDS WEST, 15.00 FEET TO
THE POINT OF BEGINNING.
The property described above contains 1980.00 square feet or 0.046 acres. This property may be subject to public or
private easements, rights of way, or restrictions not disclosed to this surveyor as this survey was performed without
the benefit of a title opinion. This surveyor makes no claims as to the true and rightful owners of the property
described hereon or any portion thereof.
The bearings cited are based the Kentucky State Plane Coordinate System — South Zone.
This description was drafted by Michael Todd McBee, KY PLS #3790, of the firm Siteworx Survey and Design,
1640 McCracken Boulevard, Suite 200, Paducah, KY 42001, from a plat of survey made of the subject property
completed on or about February 6`t', 2014 and recorded in the McCracken County Clerk's office in the location listed
above.
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. Douglas Ingram, Sue Ingram and the Fraternal Order of Eagles, 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.
705
b. On the 17th day of February, 2014, 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 will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST: Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, February 25, 2014
Adopted by the Board of Commissioners, March 11, 2014
Recorded by Tammara S. Sanderson, City Clerk, March 11, 2014
Published by The Paducah Sun, March 18, 2014
\ord\eng\st close\alley close-bethel toward main
I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of
Paducah, Kentucky, on March 11, 2014.
Tammara S. Sanderson, City Clerk