HomeMy WebLinkAbout2001-3-634142
ORDINANCE NO. 2001-3- 654 /
AN ORDINANCE PROVIDING FOR THE CLOSING OF NECTARINE DRIVE
LOCATED ON NEW HOLT ROAD
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah does hereby authorize the closing of Nectarine
Drive located on New Holt Road, and being more particularly described as follows:
Lying on the Easterly side of New Holt Road and being part of the original
dedication of Nectarine Drive as shown on Potter Subdivision recorded in
Plat Section "G", Page 499, McCracken County Court Clerk's Office,
City of Paducah, McCracken County, Kentucky and more particularly
bounded and described as follows to wit:
Beginning at a point in the Northerly right-of-way line of Nectarine Drive
as originally dedicated per Potter Subdivision recorded in Plat Section
"G", Page 499, at its intersection with the Easterly right-of-way line of
New Holt Road; THENCE FROM SAID POINT OF BEGINNING
Southeastwardly with said Northerly right-of-way line and property line of
the Wal-Mart Real Estate Business Trust, LBJ Properties, Inc. property per
Deed book 948, page 706, for the following 2 calls: Southeastwardly with
a curve to the left having a radius of 20.00 feet (a chord being S
39026'55"E, 28.28 feet) 31.42 feet to a 1/2 inch rebar with cap and S
84026'55 E, 244.72 feet to a 1/2 inch rebar with cap; thence S5'08'1 1" W
and continuing with said Wal-Mart Real Estate Business Trust, LBJ
Properties, Inc. property 50.00 feet to a 1/2 inch rebar with cap in the
Southerly right-of-way lien of aforesaid Nectarine Drive, as originally
dedicated per Potter Subdivision recorded in Plat section "G", Page 499
and at the Northeast corner of the Seyed Ahmed and Firoozeh D. Razban
v property recorded in Deed Book 946, Page 715; thence N 84°26'55" W
with said Southerly right-of-way line and the Northerly line of said Razban
property 245.08 feet to a 4" x 4" concrete monument at the original
Southeastwardly end of a radius to said Nectarine Drive; thence N
85053'52" W, 17.86 feet to a 1/2 inch rebar with cap in the proposed new
Easterly right-of-way line of New Holt Road; thence N 3°48'24"E with the
proposed Easterly right-of-way line to said New Holt Road 70.48 feet to a
1/2 inch rebar with cap, the point of beginning, and containing 13,260
square feet, as shown on " Plat of Survey and Street Closing for Seyed
Ahmed Razban" prepared by Hunter and Martin & Associates, Inc. dated
March 5, 2001.
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. Seyed Ahmad and Firoozeh D. Razban 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 March, 2001, 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.
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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
upon publication of title and certified summary thereof.
ATTF$T:
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CITY CLERK
Introduced by the Board of Commissioners March 13, 2001
Adopted by the Board of Commissioners March 27, 2001
Recorded by Lenita Smith, City Clerk, March 27, 2001
Published by The Paducah Sun, -?0
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days and become effective
Mayor