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Home My WebLink About2019-02-8559ORDINANCE NO. 2019-2-8559 AN ORDINANCE PROVIDING FOR THE CLOSING OF AN UNNAMED RIGHT-OF-WAY BETWEEN BUCKNER LANE AND EXALL LANE, OPPOSITE PINES 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 an unnamed right-of-way between Buckner Lane and Exall Lane, opposite Pines Road, and being more particularly described as follows: LEGAL DESCRIPTION OF TRACT 1-2 10,481 SQUARE FEET Lying between Buckner Lane and Exall Road and being part of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G". page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing 4" x 4" concrete monument in the Northerly right-of-way line of Exall Road at its intersection with the Westerly right-of-way line of an Unnamed and Unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40; said point also being at the Southeasterly corner of Lot 2 in Block `B" of said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING Northeastwardly with the Westerly right-of-way line of said Unnamed City Street for the following 3 calls: N 17°03'21" E 140.10 feet to an existing 4" x 4" concrete monument (broken) at the beginning of a curve to the right having a radius of 267.72 feet; thence Northeastwardly with said curve to the right (a chord being N 38°03'21" E 191.88 feet) a distance of 196.25 feet to a point at the end of said curve and beginning of a curve to the left having a radius of 113.07 feet; and Northeastwardly with said curve to the left (a chord being N 38°02'54" E 81.07 feet) a distance of 82.91 feet to a mag nail set in asphalt drive in the Southerly right-of-way line of Buckner Lane and at the Northeasterly corner of Lot 1 in Block `B" to aforesaid J.E. Gray Subdivision; thence S 72°52'29" E with the Southerly right-of-way line of said Buckner Lane 25.00 feet to a ''/2' rebar with cap no. 2105 set in the centerline of aforesaid Unnamed City Street; thence Southwestwardly with the centerline of said Unnamed City Street for the following 3 calls: Southwestwardly with a curve to the right having a radius of 138.07 feet (a chord being S 38003'21" W 98.96 feet) a distance of 101.21 feet to a''/2" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 242.72 feet; thence Southwestwardly with said curve to the left (a chord being S 38°03'21" W 173.96 feet) a distance of 177.92 feet to a yz" rebar with cap no. 2105 set at the end of said curve; and S 17°03'21" W 140.10 feet to a point in the Northerly right-of-way line of aforesaid Exall Road; thence N 72°56'39" W with the Northerly right-of-way line of said Exall Road 25.00 feet to the Point of Beginning and containing 10,481 Square Feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 3 5,709 SQUARE FEET Lying on the Southerly side of Buckner Lane and being part of an Unnamed and unimproved City Street dedicated per J.E.Gray Subdivision recorded in Plat Section "G", page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %z" rebar with cap no. 2105 set in the Southerly right-of-way line of Buckner Lane at its intersection with the Easterly right-of-way line of an Unnamed and unimproved City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G", page 40, said point also being at the Northwesterly corner of lot 3 in block "A" to said J.E. Gray Subdivision recorded in Plat Section "G', page 40, THENCE FROM SAID POINT OF BEGINNING Southwestwardly with the Easterly right-of-way line of said Unnamed Street for the following 3 calls: S 63°28'55" W 21.66 feet to a''/z" rebar with cap no. 2105 set at the beginning of a curve to the right having a radius of 163.07 feet: Southwestwardly with said curve to the right ( a chord being S 40°41'26"W 102.76 feet) a distance of 104.54 feet to a %" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 217.72 feet; and Southwestwardly with said curve to the left (a chord being S 45°19'57" W 103.31 feet to an existing 2 %a°' iron pipe (bent) at the Southwesterly corner of aforesaid Lot 3 in Block "A" to J.E. Gray Subdivision; thence N 72°57'25" W 25.74 feet to a 1/P' rebar with cap no.2105 set in the centerline of aforesaid Unnamed City Street and a curve to the right having a radius of 242.72 feet; thence Northeastwardly with the centerline of said Unnamed City Street and said curve to the right (a chord being N 44°34'06" E 121.46 feet) a distance of 122.76 feet to a11/2" rebar with cap no. 2105 set at the end of said curve and beginning of a curve to the left having a radius of 138.07 feet; thence Northeastwardly continuing with the centerline of said Unnamed City Street and said curve to the left (a chord being N 38003' 21" E 98.96 feet) a distance of 101.21 feet to a''/2" rebar with cap no. 2105 set at the end of said curve and in the Southerly right-of-way line of aforesaid Buckner Lane; thence S 72°52'29" E with the Southerly right-of-way line of said Buckner Lane 40.00 feet to the Point of beginning and containing 5,709 square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. LEGAL DESCRIPTION OF TRACT 4 4,883 SQUARE FEET Lying on the Northerly side of Exall Road and being part of an Unnamed City Street dedicated per J.E. Gray Subdivision recorded in Plat Section "G'. page 40, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing %2" rebar with cap no. 3772 in the Northerly right-of-way line of Exall Road at its intersection with the Easterly right-of-way line of an Unnamed City Street dedicated per J.E. Gray Subdivision recorded iin Plat Section "G", page 40, said point being at the Southwesterly comer of Lot 4 in Block "A" to said J.E. Gray Subdivision; THENCE FROM SAID POINT OF BEGINNING N 72°56'39" W with the Northerly right-of-way line of Exall Road 25.00 feet to a''/2' rebar with cap no. 2105 set in the centerline of said Unnamed City Street per J.E. Gray Subdivision recorded in Plat Section "G", page 40; thence Northeastwardly with the centerline of said Unnamed City Street for the following 2 calls: N 17°03'21" E 140.10 feet to a''h" rebar with cap no. 2105 set at the beginning of a curve of the right having a radius of 242.72 feet; and Northeastwardly with said curve to the right (a chord being N 23033'45" E 55.04 feet) a distance of 55.16 feet to %2" rebar with cap no. 2105 set; thence S 72°57'25" E 25.74 feet to an existing 2 1/2" iron pipe (bent) in the Easterly right-of-way line of aforesaid Unnamed Road and at the Northwesterly corner of Lot 4 in Block "A" to aforesaid J.E. Gray Subdivision; thence Southwestwardly with the Easterly right-of-way line of said Unnamed City Street for the following 2 calls: Southwestwardly with a curve to the left having a radius of 217.72 feet (a chord being S 24°19'36" W 55.14 feet) a distance of 55.29 feet to an existing 4" x 4" concrete monument at the end of said curve; and S 17°03'21" W 140.10 feet to the Point of Beginning and containing 4,883 Square feet as shown on Unnamed Street Closing for Sean White prepared by Shawnee Professional Services dated August 6, 2018. 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. James and Melissa Bowens (4781 Exall Lane), Jessica and Mark Toren (4800 Buckner Lane), and Renee and Shawn McDermott (4766 Buckner Lane) 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 (Exhibit A). b. On the 5a' day of November, 2018, 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 (Exhibit A). 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 (Exhibit A). 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 separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: � M1 t,Y Lindsay Parish, City Cprk Introduced by the Board of Commissioners, January 22, 2019 Adopted by the Board of Commissioners, February 12, 2019 Recorded by Lindsay Parish, City Clerk, February 12, 2019 Published by The Paducah Sun, February 14, 2019 \ord\eng\stclosing\ROW- between Buckner & Exall 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. 2019-2-8559 adopted by the Board of Commissioners of the City of Paducah at a meeting held on February 12, 2019. _ City Clerk Exhibit A DOCKET # VAC2018-090 QDCITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Dale: J 7'F',vv[3,c'.c' /�% Z41/8 - Application is hereby made to the Mayor and Board of Commissioners for the closing, of: Public Right -of -Way: %xelVA.ri+agw .S PFET�Y /ttF.�� T/NE, i�/ �utr�nieii� ��•"/"''- itNO GX.fll I20.Cr� $a4T/BYES %'OF'%f/� 7 0/ OCQUC,L NB.2 mak• S� %�//✓f,.$' .F_%sssr.e9-. - Included herewith is a fling fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -of -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. - Respectfully submitted by all adjoining property owners: sI/�ha-lu-�re of Property Owner � 1 OIw�O� t]hi (A)41 Ills Property Owner's Name Printed , ys, l I (-N we Address . ignature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this k4T�dayof .L.QQ" sr .201, byV)AbAV3-60WP-.1 My Commission,mpires __AV¢t12.04-- Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this 15t�day of tw c Q5T . 20a, by Jp. %C.n 'Toncra My Commissionspires. t1 20 Notary Public, Stat_ at Large RIF. RECEIVED Sent JAN2919 (Y'A ENGINEERING DEPARTMENT Signpa�ture of Prop y, er Property Owner's Na a Printed d N719l P-0,11 I -R Paduead,. ftU Address Signature of Property Owner %%ark dn Property Owner's Name Printed ggeo Address 2 _ray, 1 DOCKET 4P VAC2018.090 STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to andacknowledged before methis'. 151kday of :AU riyZ� . 20L$, by liltr kN0A 'PJa�vrN�.. My Commission Apires It zr Ndtary P.ubliG State "rge SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN J The foregoing instrument was swam to and acknowledged before me this 1,04 day of Pi'f o s -p , 20AB by iv wLy--roti6.l�t My Commission fires I zt,3,q L .�`�'�Lt j Notary Public State a'Large SEAL STATE OF KENTUCKY. ) COUNTY OF McCRACKEN ) �--" The foregoing instrument was swum to and acknowledged - Signature of Property Owner - before me this 76 Aday of AUGUST 201g5,, - c' by haiAWW YA�Pr=iz�ito Property Owner's Name Printed My Commission xp es 1\ z Address - Notary Public, State. at Large SEAL RECEIVED JAN 0'8 2019 k r ENGINEERING ter.,V ,'D) DEPARTMENT jf_iP a re Propc. Owner Property Owner's. Name Printed F 7,2'4- Address Signature of Property Owner Property Owner's Name Printed Address Signature of Property Owner - Property Owner's Name Printed Address It DOCKET #: VAC201 &090 STATE OF KENTUCKY ) - COUNTYOFMCCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this t3-4 day of uaEn - . 201$ - by v �—mr,ELA' pEs.4A^==l; My Commis " n .xpires 11 No ry Public, State at L rge ! SEAL STATE OF.KENTUCKY ) COUNTY OF MCCRACKEN ) - The foregoing instrument was sworn to and acknowledged before me this_ day of . , 20_ by My Commission expires Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was swam to and acknowledged before me this _ day of .20 by My Commission expires Notary Public, State at Large SEAL RECEIVED JAN QP 2019 ENGINEERING DEPARTMENT