HomeMy WebLinkAbout2023-07-8784ORDINANCE NO. 2023-07-8784
AN ORDINANCE PROVIDING FOR THE CLOSING OF 33,517 SQUARE
FEET OF OLD COLEMAN ROAD BETWEEN 3200, 3204 AND 3226
COLEMAN ROAD 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 33,517 Square Feet of Old Coleman Road between 3200, 3204 and 3226 Coleman
Road as follows:
LEGAL DESCRIPTION OF TRACT "A" (0.19 ACRES)
Lying on the Northeasterly side of Relocated Coleman Road and being part of the Old
Coleman Road as shown on Plat Section "K", page 1126 and Plat Section "K", page
1637, McCracken County Clerks (sic) office, City of Paducah, McCracken County,
Kentucky and more particularly bounded and described as follow to wit:
Beginning at a ''/E' rebar with cap 3861 set in the Northeasterly right-of-way line of
Relocated Coleman Road at its intersection with the Easterly right-of-way line of Old
Coleman Road, said Point being at the Northwesterly corner of the McDonalds Real
Estate Company property per Deed Book 1223, page 31 and the Southwesterly corner of
Tract III per Plat Section "J", page 1084 and having Kentucky State Plane Coordinates
(South Zone 1602 — NAD 83) of: Northing 1925738.654 and Easting 786472.755;
THENCE FROM SAID POINT OF BEGINNING N 26045'45" W with the Northeasterly
right-of-way line of said Relocated Coleman Road 73.42 feet to a 1/2 inch rebar with cap
No. 3861, set at its intersection with the centerline of Old Coleman Road; thence
Northeastwardly with the centerline meanders of said Old Coleman Road for the
following 2 calls: N 09°14'02" E 78.45 feet to a 1/2 inch rebar with cap No. 3861 set;
and N 22°15'42" E 176.54 feet to a 1/2 inch rebar with cap No. 3861 set; thence S
64°37'33" E on a new division line a distance of 15.05 feet to a 1/2 inch rebar with cap
No. 3861 set in the Easterly right-of-way line of said Old Coleman Road and the Westerly
line of the R & S Inc. property per Deed Book 920, page 689 and shown as Tract III per
Plat Section "J", page 1084; thence Southwestwardly with the Easterly right-of-way line
of said Old Coleman Road and the Westerly line of said R & S Inc. property per Deed
Book 920, page 689 and Tract III per Plat Section "J", page 1084 for the following 2 calls:
13055'57" W 177.30 feet to a 1/2 inch rebar with cap No. 3861 set at the beginning of a
curve to the left having a radius of 246.48 feet; and Southwestwardly with said curve to
the left (a chord being S 7°42'47" W 129.01 feet) a distance of 130.53 feet to the Point
of Beginning and containing 0.19 Acres.
LEGAL DESCRIPTION OF TRACT `B" (0.56 ACRES)
Lying on the Northeasterly side of Relocated Coleman Road and being part of the Old
Coleman Road as shown on Plat Section "K", page 1126 and Plat Section "K", page 1637,
McCracken County Clerks (sic) office, City of Paducah, McCracken County, Kentucky
and more particularly bounded and described as follow to wit:
Beginning at a '/2" rebar with cap 3861 set in the Northeasterly right-of-way line of
Relocated Coleman Road at its intersection with the Southwesterly right-of-way line of
Old Coleman Road as shown on Plat Section "K", page 1126 and having Kentucky State
Plane Coordinates (South Zone 1602 — NAD 83) of. Northing 1925869.772 and Easting
786406.630; THENCE FROM SAID POINT OF BEGINNING Northeastwardly and
Northwestwardly with the Southwesterly right-of-way line of said Old Coleman Road for
the following 5 calls: N 16°12'54" E 28.15 feet to an existing concrete monument; N
30029'21" E 179.49 feet to a 1/2 inch rebar with cap No. 3861 set; N 20°07'58" E a
distance of 33.52 feet to a 1/2 inch rebar with cap No. 3861 set at the beginning of a curve
to the left having a radius of 40.00 feet; Northwestwardly with said curve to the left (a
chord being N 18°45'53" W 50.12 feet) a distance of 54.16 feet to a to a 1/2 inch rebar
with cap No. 3861 set at the end of said curve; and N 57'33'15" W 435.58 feet to a''/z"
rebar with cap 3861 set in the Northeasterly right-of-way line of aforesaid Relocated
Coleman Road; thence N 28°55'54" W with the Northeasterly right-of-way line of said
Relocated Coleman Road 62.63 feet to a'/2" rebar with cap 3861 set at the intersection
with the Northerly right-of-way line of said Old Coleman Road; thence Southeastwardly
with the Northerly right-of-way line of said Old Coleman Road for the following 3 calls:
S 57033'l 5" E 490.55 feet to a''/z" rebar with cap 3861 set at the beginning of a curve to
the right having a radius of 70.00 feet; Southeastwardly with said curve to the right (a
chord being S 18°45'53" E 87.70 feet) a distance of 94.78 feet to a 1/�" rebar with cap
3861 set at the end of said curve; and S 20'10'16" W 36.33 feet to a %" rebar with cap
3861 set in the Westerly line of the R & S Inc. property per Deed Book 920, page 689 and
shown as Tract III per Plat Section "J", page 1084; thence N 64°37'33" W on a new
division line 15.05 feet to a''/z" rebar with cap 3861 set in the centerline of Old Coleman
Road; thence Southwestwardly with the centerline of said Old Coleman Road for the
following 2 calls: S 22°15'42" W 176.54 feet to a''/z" rebar with cap set; and S 9°14'02"
W 78.45 feet to a''/z" rebar with cap 3861 set in the Northeasterly right-of-way line of
aforesaid Relocated Coleman Road; thence N 26°45'45" W with the Northeasterly right-
of-way line of said Coleman Road 73.42 feet to the Point of Beginning and containing
0.56 Acres.
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. Philip Higdon, Higdon Development, Inc., and Dustin Hancock, R & S, Inc., adjacent
property owners, have submitted an executed application requesting the closure of 33,517
Square Feet of Old Coleman Road between 3200, 3204 and 3226 Coleman Road.
b. Philip Higdon, Higdon Development, Inc., and Dustin Hancock, R & S, Inc., are the only
property owner in or abutting the public way; and therefore, have given their written and
notarized consent to the closing as is evidenced by the Public Right -of -Way Closure
Application attached hereto and made part hereof (Exhibit A).
c. On the 5th day of June, 2023, the Paducah Planning Commission of the City of Paducah
held a public hearing and made a positive recommendation to the City Commission for
this closure with all tracts remaining as public utility easements.
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 the property owner in or abutting the
public way to be closed to acquire title to that portion of the public way contiguous to the
property now owned by said property owner 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. Further, the Mayor
is hereby authorized, empowered, and directed to execute all documents related to the street
closing as authorized 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
George Bray,
ATTE§T:
4C*IeA L` say Pari
Introduced by the Board of Commissioners, June 27, 2023
Adopted by the Board of Commissioners, July 11, 2023
Recorded by Lindsay Parish, City Clerk, July 11, 2023
Published by The Paducah Sun, July 13, 2023
\ord\eng\st close\ Closure 3200, 3204 & 3226 Coleman Road
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.
2023-07-8784 adopted by the Board of Commissioners of the City of Paducah at a meeting held
on July 11, 2023.
1 Clerk V
EXHIBIT A
:j CITY OF PADUCAH, KENTUCKY
n
4PUBLIC RIGHT-OF-WAY CLOSURE APPLICAT16N
Date: June 51h, 2023
Application is hereby made to the Mayor and Board of Commissioners for the closing of:
Public Right -of -Way: Old Coleman Road
Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the
Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been
signed and notarized by all real property owners whose land adjoins the portion 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:
— Signature off Pro ertySignature of Pro erty O��er
Higdon Development, Inc.
Property Owner's Name Printed
3230 Coleman Road
Address
Signature of Property Owner
R&S. Inc.
Property Owner's Name Printed
3805 Hinkleville Road
Address
STATE OF KENTUCKY
COUNTY OF McCRACKEN
The
foregoing
bef
by K/e�l 1 ��
My Commission
was sworn to and acknowledged
sof TU�. , 2&
OFFICIAL SEAL
Bailey J. Davis
?4(" Kubik: l0 No. KYNP4995
Stete at large, Kentucky
My commbslon Eves Apel 27, 2024
STATE OF KENTUCKY
COUNTY OF MaCRACKEN
The foregoing instrument was sworn to and acknowledged
before me this _ day of , 20_,
by
My Commission
Notary Public, State at Large
SEAL