HomeMy WebLinkAbout2007-10-7345412
ORDINANCE NO. 2007-10-7345
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF
COLONIAL DRIVE AND OGILVIE AVENUE
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 Colonial Drive and Ogilvie Avenue, and being more particularly described as follows:
DESCRIPTION OF A PORTION OF COLONIAL DRIVE
RIGHT-OF-WAY TO BE CLOSED AND VACATED
BEING A PORTION OF AN UNIMPROVED PUBLIC RIGHT-OF-WAY KNOWN AS
COLONIAL DRIVE LOCATED NORTH OF A PUBLIC STREET KNOWN AS HILL
TERRACE, SOUTH OF A DRAINAGE TRIBUTARY KNOWN AS CROOKED CREEK AND
ABOUT TWO-TENTHS OF A MILE WEST OF PECAN DRIVE IN THE HILLCREST
SUBDIVISION IN THE CITY OF PADUCAH, MCCRACKEN COUNTY, KENTUCKY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A ONE-HALF INCH IN DIAMETER, TWO FOOT LONG STEEL ROD
WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS, KYLS 1842" (HEREINAFTER
REFERRED TO AS A STEEL ROD AND CAP) SET WHERE THE WESTERLY RIGHT-OF-
WAY LINE OF COLONIAL DRIVE INTERSECTS THE NORTHERLY RIGHT-OF-WAY
LINE OF HILL TERRACE ABOUT 1000 FEET, MORE OR LESS, WEST OF PECAN DRIVE
AT A CORNER COMMON TO LOT 2B AS SHOWN BY PLAT RECORD IN PLAT SECTION
"K", PAGE 1741 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE, SAID
MARKER BEING LOCATED AT THE WESTERLY END OF A CURVE IN SAID
WESTERLY RIGHT-OF-WAY LINE THAT IS CONCAVE TOWARDS THE NORTH
HAVING A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 32.50 FEET WITH A
BEARING ON THE CHORD OF N. 640-45'-43" E.; THENCE WITH THE ARC OF SAID
CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE 37.93 FEET TO A STEEL ROD
AND CAP SET AT THE NORTHERLY END OF SAID CURVE; THENCE PROCEED N. 10°-
25'-36" E. ALONG AND WITH THE WESTERLY LINE OF SAID COLONIAL DRIVE, 25.00
FEET WEST OF THE CENTER LINE OF SAID DRIVE, AND WITH THE EASTERLY LINE
OF THE AFORE -SAID LOT 2B, A DISTNAC EOF 143.17 FEET TO A STEEL ROD AND CAP
SET AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF OGILVIE
AVENUE; THENCE PROCEED N. 15°-10'-39" E., 60.37 FEET ACROSS SAID AVENUE TO
THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF
SAID AVENUE AT THE SOUTH-EASTERLY CORNER OF LOT 37, BLOCK `B" OF
HILLCREST SUBDIVISION AS SHOWN BY THE ORIGINAL PLAT OF SAID
SUBDIVISION OF RECORD IN PLAT BOOK "A", PAGES 278 AND 279 OF SAID COURT
CLERK'S OFFICE; THENCE PROCEED N. 10°-25'-36" E. ALONG AND WITH THE
WESTERLY LINE OF SAID COLONIAL DRIVE 20.00 FEET WEST OF THE CENTER LINE
THEREOF, AND WITH THE EASTERLY LINES OF LOTS 37 THROUGH 32 OF BLOCK `B"
OF THE AFORESAID SUBDIVISION SHOWN BY SAID ORIGINAL PLAT AFORE -SAID, A
DISTANCE OF 302.20 FEET TO A STEEL ROD AND CAP SET AT THE NORTH-
EASTERLY CORNER OF SAID LOT 32 ON THE SOUTH SIDE OF CROOKED CREEK;
THENCE PROCEED S. 660-47'-06" E. ACROSS THE NORTHERLY END OF THE HEREIN
DESCRIBED PROPERTY AND THE SOUTH SIDE OF SAID CREEK, 46.14 FEET TO A
STEEL ROD AND CAP SET AT THE NORTHWESTERLY CORNER OF LOT 15 AS SHOWN
BY PLAT OF RECORD IN PLAT SECTION "L", PAGE 1145 OF THE AFORE -SAID
CLERK'S OFFICE AND ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLONIAL
DRIVE 25.00 FEET EAST OF THE CENTER LINE THEREOF; THENCE PROCEED S. 10°-
25'-36" W. ALONG AND WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE
WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 391.68 FEET TO A STEEL ROD AND
CAP SET AT THE SOUTHWESTERLY CORNER OF SAID LOT AT THE NORTH-
WESTERLY CORNER OF LOT 3A AS SHOWN BY PLAT OF RECORD IN PLAT SECTION
"K", PAGE 1741 OF THE AFORESAID CLERK'S OFFICE, SAID CORNER BEING
LOCATED 25.00 FEET OFF OF THE CENTER LINE OF SAID COLONIAL DRIVE; THENCE
CONTINUING WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY
LINE OF SAID LOT 3A, S. 10°-25'-36" W., 135.82 FEET TO A STEEL ROD AND CAP SET
AT THE NORTHERLY END OF A CURVE THAT IS CONCAVE TOWARDS THE EAST;
THENCE ALONG AND WITH THE ARC OF SAID CURVE, SAID EASTERLY RIGHT-OF-
WAY LINE AND THE WESTERLY LINE OF SAID LOT 3A, A DISTANCE OF 24.67 FEET
TO A STEEL ROD AND CAP SET AT THE EASTERLY END OF SAID CURVE ON THE
NORTHERLY RIGHT-OF-WAY LINE OF THE AFORESAID HILL TERRACE, THE ARC OF
413
SAID CURVE HAVING A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 23.13
FEET WITH A BEARING ON THE CHORD S. 240-54'-23" E.; THENCE PROCEED N. 58°-
49'-57" W. ALONG AND WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HILL
TERRACE, 96.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PROPERTY CONTAINING 25,538 SQUARE FEET OR 0.586 ACRE.
THE AFORESAID DESCRIPTION OF SAID COLONIAL DRIVE RIGHT-OF-WAY AREA
BEING AS SHOWN BY RECORD PLATS IN PLAT BOOK "A", PAGES 278 AND 279, PLAT
SECTION "L", PAGE 1145 AND PLAT SECTION "K", PAGE 1741 OF THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE BEARINGS
INDICATED BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1864 OF THE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY
PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS MCINTOSH & TREMPER,
INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY, 42001, FROM A
SURVEY AND PLAT MADE OF THE SUBJECT PROPERTY COMPLETED ON OR
ABOUT SEPTEMBER 14, 2007, UNDER PROJECT NUMBER 41496 OF THE FILES
OF SAID COMPANY.
DESCRIPTION OF A PORTION OF OGILVIE AVENUE
RIGHT-OF-WAY TO BE CLOSED AND VACATED
BEING A PORTION OF AN UNIMPROVED PUBLIC RIGHT-OF-WAY KNOWN AS
OGILVIE AVENUE LOCATED TO THE NORTH OF A PUBLIC STREET KNOWN AS HILL
TERRACE AND WEST OF COLONIAL DRIVE IN THE HILLCREST SUBDIVISION IN THE
CITY OF PADUCAH, MCCRACKEN COUNTY, KENTUCKY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A ONE-HALF INCH IN DIAMETER, TWO FOOT LONG STEEL ROD
WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS, KYLS 1842" (HEREINAFTER
REFERRED TO AS A STEEL ROD AND CAP) SET WHERE THE EASTERLY LINE OF LOT
31 SHOWN BY PLAT OF RECORD IN PLAT SECTION "L", PAGE 134 OF THE
MCCRACKEN COUNTY COURT CLERK'S OFFICE, INTERSECTS THE NORTHERLY
RIGHT-OF-WAY LINE OF OGILVIE AVENUE 25.00 FEET NORTH OF THE CENTER LINE
THEREOF, SAID MARKER BEING LOCATED ON THE WESTERLY LINE OF LOT 37,
BLOCK `B" OF THE PLAT OF HILLCREST SUBDIVISION OF RECORD IN PLAT BOOK
"A", PAGES 278 AND 279 OF SAID CLERK'S OFFICE; THENCE PROCEED S. 10°-25'-36"
W. ALONG AND WITH SAID LOT LINES AND THE RIGHT-OF-WAY LINE OF THE
HEREIN DESCRIBED PROPERTY, 5.28 FEET TO A STEEL ROD AND CAP SET 20.00
FEET NORTH OF THE CENTER LINE OF SAID OGILVIE AVENUE AT THE
SOUTHWESTERLY CORNER OF THE AFORESAID LOT 37; THENCE PROCEED S. 60°-
54'-10" E. ALONG AND WITH THE SOUTHERLY LINE OF SAID LOT 37, AND THE
NORTHERLY LINE OF SAID OGILVIE AVENUE, 199.28 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 37 AT THE INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE OF ANOTHER UNIMPROVED STREET KNOWN AS
COLONIAL DRIVE; THENCE PROCEED S. 15°-10'-39" W. ALONG THE WESTERLY LINE
OF SAID DRIVE 60.37 FEET TO A STEEL ROD AND CAP SET ON THE EASTERLY LINE
OF LOT 2B AS SHOWN BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1741 OF
THE AFORE -SAID CLERK'S OFFICE, SAID CORNER MARKER BEING LOCATED AT
THE SOUTHERLY END OF A CURVE THAT IS CONCAVE TOWARDS THE
SOUTHWEST; THENCE WITH THE NORTHERLY LINE OF SAID LOT 2B AND THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID AVENUE ALONG THE ARC OF SAID
CURVE THAT HAS A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 23.32
FEET WITH A BEARING ON THE CHORD OF N. 250-14'-17" W., A DISTANCE OF 24.90
FEET TO A STEEL ROD AND CAP SET AT THE WESTERLY END OF SAID CURVE 25.00
FEET SOUTH OF THE CENTER LINE OF SAID AVENUE; THENCE PROCEED N. 60°-54'-
10" W. ALONG AND WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID OGILVIE
AVENUE AND THE NORTHERLY LINE OF LOTS 2B, 2A, 1B AND 1A OF SAID PLAT
SECTION "K", PAGE 1741 AFORESAID AND THE NORTHERLY LINE OF PROPERTY
PRESENTLY OWNED BY CLAYTON HOWELL AND WIFE, MARTHA J. HOWELL, AS
INDICATED BY DEED OF RECORD IN DEED BOOK 936, PAGE 673 OF THE AFORESAID
CLERK'S OFFICE, A DISTANCE OF 244.07 FEET TO A STEEL ROD AND CAP SET 25.00
FEET SOUTH OF THE CENTER LINE OF SAID OGILVIE AVENUE; THENCE PROCEED
N. 290-05'-50" E. ALONG A NEW DIVISION LINE ACROSS SAID RIGHT-OF-WAY AREA,
50.00 FEET TO A STEEL ROD AND CAP SET ON THE ARC OF A CUL-DE-SAC AT THE
EASTERLY END OF THE IMPROVED PORTION OF OGILVIE AVENUE AT A CORNER
COMMON TO THE AFORESAID LOT 31 SHOWN BY THE PLAT OF RECORD IN PLAT
SECTION "L", PAGE 134 AFORESAID; THENCE PROCEED S. 60°-54'-10" E., ALONG AND
WITH THE NORTHERLY LINE OF SAID OGILVIE AVENUE AND THE SOUTHERLY
414
LINE OF SAID LOT 31, A DISTANCE OF 47.52 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PROPERTY CONTAINING 11,722 SQUARE FEET OF 0.269
ACRE.
THE AFORESAID DESCRIPTION OF SAID OGILVIE AVENUE RIGHT-OF-WAY AREA
BEING AS SHOWN BY RECORD PLATS IN PLAT BOOK "A", PAGES 278 AND 279, PLAT
SECTION "L", PAGE 134 AND PLAT SECTION "K", PAGE 1741 OF THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE BEARINGS
INDICATED BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1864 OF THE
t!' MCCRACKEN COUNTY COURT CLERK'S OFFICE.
THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY
PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS MCINTOSH & TREMPER,
INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY, 42001, FROM A
SURVEY AND PLAT MADE OF THE SUBJECT PROPERTY COMPLETED ON OR
ABOUT SEPTEMBER 14, 2007, UNDER PROJECT NUMBER 41496 OF THE FILES
OF SAID COMPANY.
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. Richard and Carolyn Roof 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 5th day of May 2003, 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.
415
SECTION 5. This ordinance shall be read on two separate days and become
effective upon publication of title and certified summary thereof.
ATTEST:
iaw
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, October 9, 2007
Adopted by the Board of Commissioners, October 23, 2007
Recorded by Tammara S. Brock, City Clerk, October 23, 2007
Published by The Paducah Sun, October 29, 2007
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