HomeMy WebLinkAbout2012-2-7902129
ORDINANCE NO. 2012-2-7902
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED TO BLP DEVELOPMENT, LLC FOR A PORTION OF A PRIVATE
ACCESS ROAD WITHIN CONRAD HEIGHTS SUBDIVISION
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a Quitclaim Deed to
BLP Development, LLC for a portion of a Private Access Road within Conrad Heights
Subdivision.
SECTION 2. That the property authorized in Section 1 above, is more
particularly described as follows:
The "Access Road" running along and parallel to Hinkleville Road (U.S. 60) from
the "Commercial Area" to High Street and being more particularly described as
being adjacent to Lots 351 thru 366 and Lots 368 thru 376, as shown on plats
recorded in Plat Book D, page 38, Plat Book D, page 39 and Plat Book D, page
47, McCracken County Clerk's Office and as shown on the attached Appendix
«A„
Less and except the portion obtained by the Commonwealth of Kentucky by
Deed Book 565 Page 341, Deed Book 566 Page 372 and Deed Book 632 Page
674; all being recorded in said McCracken County Clerk's office.
Less and except the portion of the Access Road adjacent to the 50' right of way
of Piedmont Road at Hinkleville Road.
The Grantee acquired said Lots 351 thru 366 and Lots 368 thru 376, which are
adjacent to the "Private Access Road," on November 10, 2011 by Deed. Book
1220 Page 089 as recorded by the aforesaid Clerk's office.
Being in all respects a part of the property proposed to be dedicated as an
"Access Road" to McCracken County, Kentucky by plat of dedication for Conrad
Heights Subdivision of record in Plat Book "D", Page 38, McCracken County
Clerk's Office, and approved by Fiscal Court Order dated May 2, 1951, of record
in Fiscal Court Order Book 11, Page 401, aforesaid clerk's office. In accordance
with said Order, the acceptance of said right of way was conditional as follows:
"...subject to the condition that the owners of said property shall
meet such engineering requirements as may be specified by the
County Road Engineer respecting the location and identification of
said street and shall improve said street to a usable condition at
their own expense, ... "
However, the property owners did not improve said "Access Road" to a usable
condition in accordance with the McCracken County Fiscal Court Order.
Subsequently, by Ordinance #78-5-1567, Conrad Heights was annexed to and
made a part of the City of Paducah's corporate limits. As this "Access Road"
was not constructed and improved by the property owners as required, the City
of Paducah has considered this "Access Road" as a "Private Access Road".
Consequently, the City has not accepted this "Access Road" as dedicated right of
way and the unimproved "Access Road" is not considered to be a part of the City
of Paducah's owned and maintained street network.
Therefore, by this document, the Grantor wishes to Quitclaim any and all
rights to this "Private Access Road" as stated herein to the Grantee.
130
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, February 14, 2012
Adopted by the Board of Commissioners, February 21, 2012
Recorded by Tammara S. Brock, City Clerk, February 21, 2012
Published by The Paducah Sun, February 25, 2012
\ord\eng\property — Conrad Heights Private Access Rd