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Home My WebLink About2019-09-8592ORDINANCE NO. 2019-9-8592 AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION OF MAYFAIR PLACE BETWEEN 3634 SHERWOOD ROAD AND 3690 MARLBOROUGH WAY, 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 a portion of Mayfair Place between 3634 Sherwood Road and 3690 Marlborough Way as follows: LEGAL DESCRIPTION A part of Mayfair Place Right -of -Way Closure A certain undeveloped portion of road right-of-way containing 0.1465 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on April 16, 2019, located on the north end of Mayfair Place and south of Sherwood Road in McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 33 Degrees 19 Minutes 00 Seconds West along the right-of-way of Sherwood Road as recorded in Plat Section "G", Page 390. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) 25.00 feet south of the centerline of Sherwood Road, said point being located in the centerline of Mayfair Place undeveloped right-of-way; Thence along the south line of Sherwood Road North 48 Degrees 43 Minutes 20 Seconds East for a distance of 45.00 feet to an existing concrete monument (found) 25.00 feet at right angles from the centerline of Sherwood Road; Thence along a common line to the Al and Mary A. McKeown property described in Deed Book 1368, Page 89 as Lot 4, Block 8 of Plat Section "G", Page 390 the following (3) three courses: 1. Along a curve to the left having a radius of 20.00 feet and an arc length of 31.42 feet, being subtended by a chord of South 03 Degrees 43 Minutes 20 Seconds West for a distance of 28.28 feet to an existing 1/2" diameter rebar with plastic cap stamped "FMT Engrs. KYLS 2403" (found); 2. South 41 Degrees 16 Minutes 40 Seconds East for a distance of 83.18 feet to an existing concrete monument (found); 3. Along a curve to the right having a radius of 311.48, and an arc length of 22.81', being subtended by a chord of South 39 Degrees 10 Minutes 49 Seconds East, for a distance of 22.80', to an existing 1/2" diameter rebar with plastic cap stamped "FMT Engrs. KYLS 2403" (found); Thence crossing the right-of-way of Mayfair Place South 52 Degrees 55 Minutes 02 Seconds West for a distance of 50.00 feet to a rebar and cap (set); Thence along a common line to the Caroline P. Cappock Revocable Trust property described in Deed Book 1176, Page 461 as Lot 2, Block 7 of Plat Section "G", Page 390 the following (3) three courses: 1. Along a curve to the left having a radius of 261.48 feet and an arc length of 19.14 feet, being subtended by a chord of North 39 Degrees 10 Minutes 49 Seconds West for a distance of 19.14 feet to a rebar and cap (set); 2. North 41 Degrees 16 Minutes 40 Seconds West for a distance of 83.18 feet to an existing concrete monument (found); 3. Along a curve to the left having a radius of 20.00 feet and an arc length of 31.42 feet, being subtended by a chord of North 86 Degrees 16 Minutes 40 Seconds West for a distance of 28.28 feet to an existing concrete monument (found) 25.00 feet at right angles from the centerline of Sherwood Road; Thence along the south line of Sherwood Road North 48 Degrees 43 Minutes 20 Seconds East for a distance of 45.00 feet to the POINT OF BEGINNING. Together with a 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. Mary A. McKeown and Caroline P. Cappock own the properties 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 24th day of June, 2019, 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. 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 Chapter 424. Brandi Harless, Mayor ATTEST: d—A�� Pai-i-)k Lindsay Parish, QClerk Introduced by the Board of Commissioners, August 27, 2019 Adopted by the Board of Commissioners, September 9, 2019 Recorded by Lindsay Parish, City Clerk, September 9, 2019 Published by The Paducah Sun, September 12, 2019 \ord\eng\st close\Closure Mayfair Place Between Sherwood Rd and Marlborough Way 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- °1 - 9,54)2• adopted by the Board of Commissioners of the City of Paducah at a meeting held on �-kvWtya .r r'l . 10 19 rty Clerk Vvhihiif A City of Paducah, Kentucky Public Right -of -Way Closure Application QD- CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT -0F -WAY CLOSURE APPLICATION Date: _ 29 -Apr -19 Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right -of -Way: _ Northern portion of Mayfair Place located betwenn Sherwood Rd & Marlborough Way Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -0f --Way 10 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: ignature of Property Owner Caroline P. Cappock, Trustee of Caroline P. Cappock RevocableTrust Property Owner's Name Printed 3_690 Marlborough Way, Paducah KY 42001 Address AI McKeown Property Owner's Name Printed 51 Martin Circle, Paducah KY 42001 Address STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this —;W day of ��, 20_(Q. STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was swo to and acknowledge before me this —a day of 2p by AI McKeown U� My Commission expires ip� RECEIV�8L WLtMAY 22 ME? r ENGINM;I1qG ? , 2019 DEPARTMENT Planning L)cparimerf (f nrt wtt�— I(�,S 9 ionaWre of Property Owner Mary McKeown Property Owner's Name Printed 51 Martin Cirde, Paducah KY 42001 Address Signature of Property Owner Property Owner's Name Printed Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was swo to and before me this —Z. day of by Mary McKeown My Commission expires at SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was swom to and aelmowtedged 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 swom to and acknowledged before me this day of 20_, by My Commission expires Notary Public, State at Large SEAL