HomeMy WebLinkAbout2011-1-7781ORDINANCE NO. 2011-1-7781
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF DEER
LICK PLACE NORTH OF OGILVIE AVENUE AND SOUTH OF CROOKED CREEK AND
AUTHORIZING THE MAYOR TO EXECUTE THE PLAT AND ALL NECESSARY
DOCUMENTS FOR 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 Deer Lick Place north of Ogilvie Avenue and south of Crooked Creek, and being more
particularly described as follows:
A certain portion of Deer Lick Place containing 0.4100 acres as surveyed by Ricky A. Tosh
PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky
on September 28, 2010, located north of Ogilvie Avenue and south of Crooked Creek in
Paducah, McCracken County, Kentucky and being more particularly described as follows:
Beginning at a Railroad Spike (found) in the centerline of Deer Lick Place, located North 18
degrees 50 minutes 55 seconds West for a distance of 28.19 feet from the centerline intersection
of Deer Lick Place and Ogilvie Avenue;
THENCE North 81 degrees 19 minutes 46 seconds West for a distance of 22.55 feet along
the north right of way of Ogilvie Avenue to a 1/2" rebar and cap (set) [all 1/2" rebars and caps
(set) are 1/2" diameter by 18" long with a plastic cap stamped "R.TOSH KYPLS 2900"];
THENCE North 18 degrees 50 minutes 55 seconds West for a distance of 298.02 feet along
the west right of way of Deer Lick Place to a 1/2" rebar and cap (found) [all 1/2" rebars and caps
(found) are 1/2" diameter by 24" long with a plastic cap stamped "DH DUMMER PLS 1955'];
THENCE North 07 degrees 21 minutes 39 seconds West for a distance of 100.25 feet
continuing with said right of way to a 1/2" rebar and cap (found);
THENCE South 75 degrees 16 minutes 39 seconds East for a distance of 48.56 feet to a 1/2"
rebar and cap (found) on the east right of way line of Deer Lick Place;
THENCE South 07 degrees 21 minutes 39 seconds East for a distance of 77.47 feet
continuing with said right of way to a 1/2" rebar and cap (found);
THENCE South 18 degrees 50 minutes 55 seconds East for a distance of 304.81 feet
continuing with said right of way to a 1/2" rebar and cap (set);
THENCE along a curve to the left having a radius of 19.99 feet and an arc length of 21.80
feet, being subtended by a chord of South 50 degrees 05 minutes 13 seconds East for a distance
of 20.74 feet to a 1/2" rebar and cap (set) on the north right of way of Ogilvie Avenue;
THENCE North 81 degrees 19 minutes 46 seconds West for a distance of 40.32 feet with the
north right of way of Ogilvie Avenue to the point of beginning.
Together with and subject to covenants, easements, right-of-ways and restrictions of record
and in existence.
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. John T. Houston and Cheryl F. Houston, 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 20th day of December 2010, 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.
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 and all other documents 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.
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, January 11, 2011
Adopted by the Board of Commissioners, January 25, 2011
Recorded by Tammara S. Brock, City Clerk, January 25, 2011
Published by the Paducah Sun, January 29, 2011
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