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Home My WebLink About2020-01-8612ORDINANCE NO. 2020-01-8612 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL COURT BETWEEN 100, 104,106 & 107 COLONIAL COURT 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 Colonial Court between 100, 104, 106 & 107 Colonial Court as follows: LEGAL DESCRIPTION Lying at the end of Colonial Court per Final Subdivision Plat of Colgan Properties, LLC recorded in Plat Section "M", page 1302 and being part of the Colgan Properties, LLC property recorded in Deed Book 1365, page 339 and Deed Book 1094, Page 74, McCracken County Court Clerk's office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 6" diameter concrete monument with cap 3732 in the Northerly right-of-way line of Colonial Court as dedicated per Final Subdivision Plat recorded in Plat Section "M", page 1302, said point having Kentucky State Plane South Zone -1602, Nad 83 coordinates of Northing: 1916321.87 and Easting: 789532.82 and being 216.60 feet as measured Eastwardly along said Northerly right-of-way line from its intersection with the Southeasterly right-of-way line of Pecan Drive; THENCE FROM SAID POINT OF BEGINNING along and with the existing right-of-way line of Colonial Court for the following 8 calls: Northeastwardly with a curve to the left having a radius of 125.00 feet (a chord being N 33°21'36" E 41.81 feet) a distance of 42.01 feet to an existing 6" diameter concrete monument with cap no. 3732 at the end of said curve; N 23°43'57" E and passing an existing %s' rebar with cap no. 3732 at 6.84 feet at the Southwesterly corner of Lot 5 per Plat Section "M", page 1302 for a total distance of 56.77 feet to an existing 6" diameter concrete monument at the beginning of a curve to the left having a radius of 30.00 feet; Northwardly with said curve to the left (a chord being N 0°26'56" E 23.72 feet) a distance of 24.38 feet to an existing 6" diameter concrete monument with cap 3732 at the end of said curve and beginning of a curve to the right having a radius of 50.00 feet; Northeastwardly with said curve to the right (a chord being N 32°56'56" E 82.69 feet) a distance of 97.36 feet to an existing %2" rebar with cap no. 3732 at a lot corner between Lots 5 and 6 per aforesaid Final Subdivision Plat recorded in Plat Section "M", page 1302; Southeastwardly and continuing with said curve to the right having a radius of 50.00 feet ( a chord being S 66°16'03" E 42.26 feet) a distance of 43.63 feet to an existing /2" rebar with cap no. 3732 at a corner between Lots 6 and 3 per said Plat Section "M", page 1302; Southwestwardly and continuing with said curve to the right having a radius of 50 feet (a chord being S 14°30'59" W 82.69 feet) a distance of 97.36 feet to an existing 6" diameter concrete monument with cap no. 3732 at the end of said curve and beginning of a curve to the left having a radius of 30.00 feet; Southwestwardly with said curve to the left (a chord being S 47°00'59" W 23.72 feet) a distance of 24.38 feet to an existing 6" diameter concrete monument with cap no. 3732 at the end of said curve; and S 23°43'57" W 19.39 feet to a 6" diameter concrete monument set in the new right-of-way line of Colonial Court to be created; thence Westwardly with said New right-of-way line of Colonial Drive to be created for the following 2 calls: Westwardly with a curve to the left having a radius of 50 feet (a chord being S 74046'40" W 50.85 feet to a 6" diameter concrete monument with cap no. 3732 set at the end of said curve; and S 44°14'44" W 49.79 feet to the Point of Beginning and containing 10,294.47 square feet or 0.236 Acres as shown on "Right-of-way Closure Plat for Colgan Properties LLC" prepared by Siteworx Survey and Design LLC. 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. Colgan Properties, LLC, owns the properties 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 (Exhibit A). b. On the 16' day of December, 2019, 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 (Exhibit A). 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 (Exhibit A). 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. Brandi Harless, Mayor''\ ATTEST: Jay Parish, Ci Clerk Introduced by the Board of Commissioners, January 14, 2020 Adopted by the Board of Commissioners, January 28, 2020 Recorded by Lindsay Parish, City Clerk, January 28, 2020 Published by The Paducah Sun, January 31, 2020 \ord\eng\st close\Colonial Court 100, 104, 106, 107 CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. 2020-01-8612 adopted by the Board of Commissioners of the City of Paducah at a meeting held on January 28, 2020. Exhibit A City of Paducah, Kentucky Public Right -of -Way Closure Application RECEIVED RECEIVED F 7019 DEC 05 2019 ED't31NEERING ID CITY OF PADUCAH, KENTl11GMINT Planning vepartmanf PUBLIC PAGHT-OP-WAY CLOSURE APPLICATION VflG2019-238 Data MoyeIDber22,2019 Application Is hereby made to the Mayor and Board of Commissioners forthe closing of: Public Right -of --Way: Portion of Colonial Court in Paducah, KY Included herewith is a ming fee of Five Hundred Dollars ($500) tugethervi th twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indinting consent W the Public RighW-Way closure, has been signed and notarized by all real property owners whose land adjoins the podion of Public Right -of --Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners 5i��oft emperty Oymer Colgan Properties, LLC Property Owner's Name Printed 230 Troon Road, Paducah, KY 42009 Signature of Pmperty Omer Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OFMCCRACKEN ) The foregovL9 instrument was swam to and acknowledged befars me IN. -& . day W W014 SIA f5S 20.n, byA, Mycommissionee Notary Mbhs,Staloat Lerg +q +54%Z435 SEAL STATE OF KENTUCKY } COUNTY OF hN:CRACKEN ) The foregoing instmmant was aware% and as row dgbd before roe this _day of , 20_, by My Commissbns) ires NOOmy Public, Stale at Larga SEAL