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HomeMy WebLinkAbout2007-10-7345412 ORDINANCE NO. 2007-10-7345 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF COLONIAL DRIVE AND OGILVIE AVENUE 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 Drive and Ogilvie Avenue, and being more particularly described as follows: DESCRIPTION OF A PORTION OF COLONIAL DRIVE RIGHT-OF-WAY TO BE CLOSED AND VACATED BEING A PORTION OF AN UNIMPROVED PUBLIC RIGHT-OF-WAY KNOWN AS COLONIAL DRIVE LOCATED NORTH OF A PUBLIC STREET KNOWN AS HILL TERRACE, SOUTH OF A DRAINAGE TRIBUTARY KNOWN AS CROOKED CREEK AND ABOUT TWO-TENTHS OF A MILE WEST OF PECAN DRIVE IN THE HILLCREST SUBDIVISION IN THE CITY OF PADUCAH, MCCRACKEN COUNTY, KENTUCKY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ONE-HALF INCH IN DIAMETER, TWO FOOT LONG STEEL ROD WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS, KYLS 1842" (HEREINAFTER REFERRED TO AS A STEEL ROD AND CAP) SET WHERE THE WESTERLY RIGHT-OF- WAY LINE OF COLONIAL DRIVE INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF HILL TERRACE ABOUT 1000 FEET, MORE OR LESS, WEST OF PECAN DRIVE AT A CORNER COMMON TO LOT 2B AS SHOWN BY PLAT RECORD IN PLAT SECTION "K", PAGE 1741 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE, SAID MARKER BEING LOCATED AT THE WESTERLY END OF A CURVE IN SAID WESTERLY RIGHT-OF-WAY LINE THAT IS CONCAVE TOWARDS THE NORTH HAVING A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 32.50 FEET WITH A BEARING ON THE CHORD OF N. 640-45'-43" E.; THENCE WITH THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE 37.93 FEET TO A STEEL ROD AND CAP SET AT THE NORTHERLY END OF SAID CURVE; THENCE PROCEED N. 10°- 25'-36" E. ALONG AND WITH THE WESTERLY LINE OF SAID COLONIAL DRIVE, 25.00 FEET WEST OF THE CENTER LINE OF SAID DRIVE, AND WITH THE EASTERLY LINE OF THE AFORE -SAID LOT 2B, A DISTNAC EOF 143.17 FEET TO A STEEL ROD AND CAP SET AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF OGILVIE AVENUE; THENCE PROCEED N. 15°-10'-39" E., 60.37 FEET ACROSS SAID AVENUE TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID AVENUE AT THE SOUTH-EASTERLY CORNER OF LOT 37, BLOCK `B" OF HILLCREST SUBDIVISION AS SHOWN BY THE ORIGINAL PLAT OF SAID SUBDIVISION OF RECORD IN PLAT BOOK "A", PAGES 278 AND 279 OF SAID COURT CLERK'S OFFICE; THENCE PROCEED N. 10°-25'-36" E. ALONG AND WITH THE WESTERLY LINE OF SAID COLONIAL DRIVE 20.00 FEET WEST OF THE CENTER LINE THEREOF, AND WITH THE EASTERLY LINES OF LOTS 37 THROUGH 32 OF BLOCK `B" OF THE AFORESAID SUBDIVISION SHOWN BY SAID ORIGINAL PLAT AFORE -SAID, A DISTANCE OF 302.20 FEET TO A STEEL ROD AND CAP SET AT THE NORTH- EASTERLY CORNER OF SAID LOT 32 ON THE SOUTH SIDE OF CROOKED CREEK; THENCE PROCEED S. 660-47'-06" E. ACROSS THE NORTHERLY END OF THE HEREIN DESCRIBED PROPERTY AND THE SOUTH SIDE OF SAID CREEK, 46.14 FEET TO A STEEL ROD AND CAP SET AT THE NORTHWESTERLY CORNER OF LOT 15 AS SHOWN BY PLAT OF RECORD IN PLAT SECTION "L", PAGE 1145 OF THE AFORE -SAID CLERK'S OFFICE AND ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLONIAL DRIVE 25.00 FEET EAST OF THE CENTER LINE THEREOF; THENCE PROCEED S. 10°- 25'-36" W. ALONG AND WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 391.68 FEET TO A STEEL ROD AND CAP SET AT THE SOUTHWESTERLY CORNER OF SAID LOT AT THE NORTH- WESTERLY CORNER OF LOT 3A AS SHOWN BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1741 OF THE AFORESAID CLERK'S OFFICE, SAID CORNER BEING LOCATED 25.00 FEET OFF OF THE CENTER LINE OF SAID COLONIAL DRIVE; THENCE CONTINUING WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY LINE OF SAID LOT 3A, S. 10°-25'-36" W., 135.82 FEET TO A STEEL ROD AND CAP SET AT THE NORTHERLY END OF A CURVE THAT IS CONCAVE TOWARDS THE EAST; THENCE ALONG AND WITH THE ARC OF SAID CURVE, SAID EASTERLY RIGHT-OF- WAY LINE AND THE WESTERLY LINE OF SAID LOT 3A, A DISTANCE OF 24.67 FEET TO A STEEL ROD AND CAP SET AT THE EASTERLY END OF SAID CURVE ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFORESAID HILL TERRACE, THE ARC OF 413 SAID CURVE HAVING A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 23.13 FEET WITH A BEARING ON THE CHORD S. 240-54'-23" E.; THENCE PROCEED N. 58°- 49'-57" W. ALONG AND WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HILL TERRACE, 96.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY CONTAINING 25,538 SQUARE FEET OR 0.586 ACRE. THE AFORESAID DESCRIPTION OF SAID COLONIAL DRIVE RIGHT-OF-WAY AREA BEING AS SHOWN BY RECORD PLATS IN PLAT BOOK "A", PAGES 278 AND 279, PLAT SECTION "L", PAGE 1145 AND PLAT SECTION "K", PAGE 1741 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE. THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE BEARINGS INDICATED BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1864 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE. THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS MCINTOSH & TREMPER, INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY, 42001, FROM A SURVEY AND PLAT MADE OF THE SUBJECT PROPERTY COMPLETED ON OR ABOUT SEPTEMBER 14, 2007, UNDER PROJECT NUMBER 41496 OF THE FILES OF SAID COMPANY. DESCRIPTION OF A PORTION OF OGILVIE AVENUE RIGHT-OF-WAY TO BE CLOSED AND VACATED BEING A PORTION OF AN UNIMPROVED PUBLIC RIGHT-OF-WAY KNOWN AS OGILVIE AVENUE LOCATED TO THE NORTH OF A PUBLIC STREET KNOWN AS HILL TERRACE AND WEST OF COLONIAL DRIVE IN THE HILLCREST SUBDIVISION IN THE CITY OF PADUCAH, MCCRACKEN COUNTY, KENTUCKY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ONE-HALF INCH IN DIAMETER, TWO FOOT LONG STEEL ROD WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS, KYLS 1842" (HEREINAFTER REFERRED TO AS A STEEL ROD AND CAP) SET WHERE THE EASTERLY LINE OF LOT 31 SHOWN BY PLAT OF RECORD IN PLAT SECTION "L", PAGE 134 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE, INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF OGILVIE AVENUE 25.00 FEET NORTH OF THE CENTER LINE THEREOF, SAID MARKER BEING LOCATED ON THE WESTERLY LINE OF LOT 37, BLOCK `B" OF THE PLAT OF HILLCREST SUBDIVISION OF RECORD IN PLAT BOOK "A", PAGES 278 AND 279 OF SAID CLERK'S OFFICE; THENCE PROCEED S. 10°-25'-36" W. ALONG AND WITH SAID LOT LINES AND THE RIGHT-OF-WAY LINE OF THE HEREIN DESCRIBED PROPERTY, 5.28 FEET TO A STEEL ROD AND CAP SET 20.00 FEET NORTH OF THE CENTER LINE OF SAID OGILVIE AVENUE AT THE SOUTHWESTERLY CORNER OF THE AFORESAID LOT 37; THENCE PROCEED S. 60°- 54'-10" E. ALONG AND WITH THE SOUTHERLY LINE OF SAID LOT 37, AND THE NORTHERLY LINE OF SAID OGILVIE AVENUE, 199.28 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 37 AT THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ANOTHER UNIMPROVED STREET KNOWN AS COLONIAL DRIVE; THENCE PROCEED S. 15°-10'-39" W. ALONG THE WESTERLY LINE OF SAID DRIVE 60.37 FEET TO A STEEL ROD AND CAP SET ON THE EASTERLY LINE OF LOT 2B AS SHOWN BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1741 OF THE AFORE -SAID CLERK'S OFFICE, SAID CORNER MARKER BEING LOCATED AT THE SOUTHERLY END OF A CURVE THAT IS CONCAVE TOWARDS THE SOUTHWEST; THENCE WITH THE NORTHERLY LINE OF SAID LOT 2B AND THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID AVENUE ALONG THE ARC OF SAID CURVE THAT HAS A RADIUS LENGTH OF 20.00 FEET, A CHORD LENGTH OF 23.32 FEET WITH A BEARING ON THE CHORD OF N. 250-14'-17" W., A DISTANCE OF 24.90 FEET TO A STEEL ROD AND CAP SET AT THE WESTERLY END OF SAID CURVE 25.00 FEET SOUTH OF THE CENTER LINE OF SAID AVENUE; THENCE PROCEED N. 60°-54'- 10" W. ALONG AND WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID OGILVIE AVENUE AND THE NORTHERLY LINE OF LOTS 2B, 2A, 1B AND 1A OF SAID PLAT SECTION "K", PAGE 1741 AFORESAID AND THE NORTHERLY LINE OF PROPERTY PRESENTLY OWNED BY CLAYTON HOWELL AND WIFE, MARTHA J. HOWELL, AS INDICATED BY DEED OF RECORD IN DEED BOOK 936, PAGE 673 OF THE AFORESAID CLERK'S OFFICE, A DISTANCE OF 244.07 FEET TO A STEEL ROD AND CAP SET 25.00 FEET SOUTH OF THE CENTER LINE OF SAID OGILVIE AVENUE; THENCE PROCEED N. 290-05'-50" E. ALONG A NEW DIVISION LINE ACROSS SAID RIGHT-OF-WAY AREA, 50.00 FEET TO A STEEL ROD AND CAP SET ON THE ARC OF A CUL-DE-SAC AT THE EASTERLY END OF THE IMPROVED PORTION OF OGILVIE AVENUE AT A CORNER COMMON TO THE AFORESAID LOT 31 SHOWN BY THE PLAT OF RECORD IN PLAT SECTION "L", PAGE 134 AFORESAID; THENCE PROCEED S. 60°-54'-10" E., ALONG AND WITH THE NORTHERLY LINE OF SAID OGILVIE AVENUE AND THE SOUTHERLY 414 LINE OF SAID LOT 31, A DISTANCE OF 47.52 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY CONTAINING 11,722 SQUARE FEET OF 0.269 ACRE. THE AFORESAID DESCRIPTION OF SAID OGILVIE AVENUE RIGHT-OF-WAY AREA BEING AS SHOWN BY RECORD PLATS IN PLAT BOOK "A", PAGES 278 AND 279, PLAT SECTION "L", PAGE 134 AND PLAT SECTION "K", PAGE 1741 OF THE MCCRACKEN COUNTY COURT CLERK'S OFFICE. THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE BEARINGS INDICATED BY PLAT OF RECORD IN PLAT SECTION "K", PAGE 1864 OF THE t!' MCCRACKEN COUNTY COURT CLERK'S OFFICE. THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY PROFESSIONAL LAND SURVEYOR #1842, OF FARRIS MCINTOSH & TREMPER, INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY, 42001, FROM A SURVEY AND PLAT MADE OF THE SUBJECT PROPERTY COMPLETED ON OR ABOUT SEPTEMBER 14, 2007, UNDER PROJECT NUMBER 41496 OF THE FILES OF SAID COMPANY. 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. Richard and Carolyn Roof 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 May 2003, 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. 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. 415 SECTION 5. This ordinance shall be read on two separate days and become effective upon publication of title and certified summary thereof. ATTEST: iaw Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, October 9, 2007 Adopted by the Board of Commissioners, October 23, 2007 Recorded by Tammara S. Brock, City Clerk, October 23, 2007 Published by The Paducah Sun, October 29, 2007 \winword\ord\eng\stclosing\colonial dr & ogilvie ave Mayo