Group No

Group No. 41206

PIDN: 999-99-36-419.00 Portion of Southview Avenue

Fort Thomas, Kentucky

ORDINANCE NO. 0-4-2010

AN ORDINANCE CLOSING AND VACATING A PORTION OF SOUTHVIEW AVENUE LOCATED IN THE CITY OF FT. THOMAS, CAMPBELL COUNTY, KENTUCKY.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNCIL OF THE CITY OF FORT THOMAS, KENTUCKY:

SECTION I

That the Board of Council of the City of Fort Thomas has determined that a portion of Southview Avenue located within the City of Fort Thomas should be closed. The public way is more particularly described as follows:

Located in the City of Fort Thomas, Campbell County, Kentucky, lying at the northwesterly terminus of Southview Avenue and being part of a publicly dedicated street as recorded in Slide 649B, of the Campbell County Clerk’s Office at Newport, Kentucky, and is more particularly described as follows:

Beginning at a point in the northerly right-of-way line of Southview Avenue, being the common corner of Lot 23 and Lot 24 of New Southview Subdivision (Slide 649B); thence with said right-of-way line N61°48'00"W 17.38 feet to a point, being the TRUE PLACE OF BEGINNING; thence crossing Southview Avenue S28°12'00"W 40.00 feet to a point in the southerly right-of-way line of Southview Avenue; thence with the southerly right-of-way line of Southview Avenue N61°48'00"W 240.62 feet to a point; thence N14°10'00"E 45.88 feet to a point; thence S87°50'00"E 61.34 feet to a point; thence S14°10'00"W 32.40 feet to a point; thence S61°48'00"E 188.78 feet to the TRUE PLACE OF BEGINNING containing 0.251 acres.

See plat attached hereto and incorporated herein by reference and known as Exhibit A.

SECTION II

The City has determined that the owner of the property, which abuts the portion of Southview Avenue to be closed is Northern Kentucky Water District, 2835 Crescent Springs, Erlanger, Kentucky 41018.

SECTION III

The City of Fort Thomas has provided written notice of the closing of a portion of Southview Avenue to the property owner, Northern Kentucky Water District. A Receipt of Notice has been signed by the abutting property owner and is attached hereto as Exhibit B. Northern Kentucky Water District owns the real estate abutting the portion of Southview Avenue to be closed by virtue of a deed recorded in Deed Book 473, page 612, of the Campbell County Clerk's office, Newport, Kentucky. The abutting property is part of Parcel 1 of said deed.

SECTION IV

The owner of property abutting the portion of Southview Avenue; namely, Northern Kentucky Water District, has given its written, notarized Consent to the closing of the portion of Southview Avenue and a copy of the Consent is attached hereto, marked Exhibit B, and is incorporated herein by reference.

SECTION V

That portion of Southview Avenue described in SECTION I hereof is hereby declared closed without any further action pursuant to K.R.S. 82.405 (1) and (2).

SECTION VI

This ordinance shall be effective when read, passed and advertised according to law.

Adopted and passed by the Board of Council of the City of Fort Thomas, Campbell County, Kentucky and approved and signed this 5th day of April, 2010.

APPROVED:

Mary H. Brown, Mayor