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HomeMy WebLinkAbout2024-05-8810ORDINANCE NO. 2024-05-8810 AN ORDINANCE PROVIDING FOR THE CLOSING OF 24,710 SQUARE FEET OF COLONIAL DRIVE AND 38,302 SQUARE FEET OF DEER LICK PLACE AT 3750 PECAN DRIVE AND 600,601 AND 675 DEER LICK PLACE 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 24,710 Square Feet of Colonial Drive and 38,302 Square Feet of Deer Lick Place at 3750 Pecan Drive and 600, 601, and 675 Deer Lick Place, as follows: LEGAL DESCRIPTION OF TRACT A (0.79 Acres) A portion of the Woodlands Reserve LLC property recorded in Deed Book 1479, Page 374 in the McCracken County Clerk's office. Being more particularly bounded and described as follows: Beginning at a'/2 inch rebar with Cap No. 3861 set in the southerly right-of-way line of Hill Terrace (25 feet from the centerline thereof as measured perpendicularly, said point also being S 69°57'59" W, 38.01 feet from the centerline intersection of Hill Terrace and Deer Lick Place; and having KY State Plane Coordinates (South Zone, NAD83) of Northing 1918417.932 and Fasting 788093.035; THENCE FROM SAID POINT OF BEGINNING, and with the southerly right- of-way of said Hill Terrace, S 68°07'56" E a distance of 40.05 feet to a 1/2 inch rebar with Cap No. 3861, set; thence S 24°41'48" W a distance of 175.80 feet to a 1/2 inch rebar with Cap No. 3861, set; thence S 19°20'01" E a distance of 325.76 feet to a 1/2 inch rebar with Cap No. 3861, set; thence S 48°13'19" E a distance of 421.29 feet to a 6 inch diameter concrete monument with Cap No. 3861, set; thence S 17°04'26" W a distance of 22.01 feet to a 1/2 inch rebar with Cap No. 3861, set at the northeasterly corner of Tract B to be conveyed to Jean Darnell Ross, adjoining property recorded in Deed Book 1031, Page 721; thence continuing with the northerly line of Tract B, N 48°13'19" W a distance of 190.80 feet to a 1/2 inch rebar with Cap No. 3861, set, the northwesterly corner of Tract B; thence with the westerly line of Tract B, S 41 °46'41 " W a distance of 20.00 feet to a 1/2 inch rebar with Cap No. 3861, set at the northwesterly corner of said Ross tract. thence N 48°13'19" W a distance of 250.00 feet to a 1/2 inch rebar with Cap No. 3861, set; thence N 19°20'01" W a distance of 352.24 feet to a 1/2 inch rebar with Cap No. 3861, set; thence N 24°41'48" E a distance of 190.00 feet to a 1/2 inch rebar with Cap No. 3861, set; which is the point of beginning and shown more particularly on Application to Close and Vacate Streets dated March 14, 2024, having an area of 34,394 square feet, 0.790 acres. LEGAL DESCRIPTION OF TRACT B (0.09 Acres) A portion of the Woodlands Reserve LLC property recorded in Deed Book 1479, Page 374 in the McCracken County Clerk's office. Being more particularly bounded and described as follows: Beginning at a %z inch rebar with Cap No. 3861 set at the southwest corner of Tract A of the said Woodlands property and having KY State Plane Coordinates (South Zone, NAD83) of Northing 1917746.375 and Easting 788316.698; THENCE FROM SAID POINT OF BEGINNING, and with the aforesaid Tract A, N 41°46'41" E a distance of 20.00 feet to a 1/2 inch rebar with Cap No. 3 86 1, set in the southerly line of Tract A; thence with said line, S 48°13'19" E a distance of 190.80 feet to a 1/2 inch rebar with Cap No. 3861, set; thence S 17°04'26" W a distance of 22.01 feet to a 6 inch diameter concrete monument with Cap No. 3861, set in the northerly line of the Jean Darnell Ross property recorded in Deed Book 1031, Page 721; thence with the northerly line of said Ross property, N 48°13'19" W a distance of 200.00 feet to a 1/2 inch rebar with Cap No. 3861, set; which is the point of beginning and shown more particularly on Application to Close and Vacate Streets dated March 14, 2024 having an area of 3908.0 square feet, 0.09 acres. LEGAL DESCRIPTION OF TRACT C (0.57 Acres) A portion of the Woodlands Reserve LLC property recorded in Deed Book 1479, Page 374 in the McCracken County Clerk's office. Being more particularly bounded and described as follows: Beginning at a %z inch rebar with Cap No. 3861 set in the southerly right-of-way of Hill Terrace (25 feet from the centerline thereof as measured perpendicularly) and having KY State Plane Coordinates (South Zone, NAD83) of Northing 1918076.367 and Easting 788944.086; THENCE FROM SAID POINT OF BEGINNING, and with the aforesaid southerly right-of-way, S 67°41'41" E a distance of 50.45 feet to a 1/2 inch rebar with Cap No. 3861, set; thence S 14°38'02" W a distance of 482.73 feet to an existing 4 inch by 4 inch concrete monument and passing a 1/2 inch rebar with Cap No. 3861 set at the northwest corner of Lot 4 of the Woodlands Reserve as shown on plat recorded in Section "M", Page 1294 at a distance of 455.27 feet; thence with the line of said Lot 4, S 14°00'41 " E a distance of 24.41 feet to a 6 inch diameter concrete monument with Cap No. 3861, set, said point also lying in the northerly right-of-way line of Colonial Drive; thence with said right-of-way, N 52°47'48" W a distance of 66.82 feet to a 1/2 inch rebar with Cap No. 3861, set; thence N 14°38'02" E a distance of 485.25 feet to a 1/2 inch rebar with Cap No. 3861, set; which is the point of beginning and shown more particularly on Application to Close and Vacate Streets dated March 14, 2024 having an area of 24,710 square feet, 0.57 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. Jean Darnell Ross and Alberta Davis adjacent property owners, have submitted an executed application requesting the closure of 24,710 Square Feet of Colonial Drive and 38,302 Square Feet of Deer Lick Place at 3750 Pecan Drive, 600, 601 and 675 Deer Lick Place. b. Jean Darnell Ross and Alberta Davis 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 l St day of April, 2024, 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 effective upon summary publication pursuant to KRS George nATTEST: ` (fin n n �n 1.w t' 1r�-4� Claudia Meeks, Assistant City Clerk Introduced by the Board of Commissioners, April 23, 2024 Adopted by the Board of Commissioners, May 14, 2024 Recorded by Claudia Meeks, Assistant City Clerk, May 14, 2024 Published by The Paducah Sun, May 18, 2024 CERTIFICATION , Mayor days and will become I, Claudia Meeks, 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. 2024-05-8810, adopted by the Board of Commissioners of the City of Paducah at a meeting held on May 14, 2024. City Clerk \ord\eng\st close\ Closure Colonial Drive, Pecan Drive, Deer Lick Place t1CITY OF PADUCAH, KENTUCKY •F -WAY CLOSURE APPLICATION Date: March 14, 2024 Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right-of-way: A portion of Colonial Drive & A portion of Deer Lick Place 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: Pill • —• ,I o Jean Darnell Ross Property Owner's Name Printed 315 Colonial or, 695 Deer Lick Place, 675 Deer Lick Place Address d 7y"6� Signature of Property Owner Woodlands Reserve, LLC Property Owner's Name Printed 600 Deer Lick Place, 601 Deer Lick Place, 3750 Pecan Dr. Address STATE OF KENTUCKY COUNTY OFMCCRACKEN The foregoing ins went was s``p�y�orn to and acknowledge before mme this day of f1' Oi(1.. , 2024, by �JPAVI LfVVI 11 Kbc,5 My 40A e � STATE OF KENTUCKY ryt4h O F COUNTY OFMCCRACKEN The foregoing instrument was sworn to and acknowledged befo , me this day of , 2o2, by �12OA(A (II,IAIS My Commission expires A )Int d1��' Notallota�� at Large 9 D OFFICIAL SEAL S Eliley J. Davis Notary Public ID No. KYNP4995 State at Large, Kentudry My Commaslon Expires M+d 27, �