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HomeMy WebLinkAbout2003-5-6646491 ORDINANCE NO. 2003-5- � G VL AN ORDINANCE PROVIDING FOR THE CLOSING OF AMY CIRCLE AND A PORTION OF GARDEN PATH BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of Amy Circle and a portion of Garden Path, and being more particularly described as follows: Lying on the Westerly side of U. S. Highway 45 (Lone Oak Road) and being all of Amy Circle and a portion of Garden Path, as shown on Plat of Jonquilawn Subdivision recorded in Plat Section "G", Page 20 and Revised Plat of Jonquilawn Subdivision recorded in Plat Section "G", Page 90, McCracken County Court Clerk's Office, City of Paducah, McCracken County, Kentucky, and more particularly bounded and described as follows to wit: Beginning at a point in the Southerly right-of-way line of Amy Circle, as shown on Plat of Jonquilawn Subdivision recorded in Plat Section "G", Page 20 and revised Plat of Jonquilawn Subdivision recorded in Plat Section "G", Page 90 at its intersection with the Westerly right-of- way line of U. S. Highway 45 (Lone Oak Road); THENCE FROM SAID POINT OF BEGINNING Westwardly and Northwardly with the Southerly right-of-way line of said Amy Circle for the following 3 calls: Northwestwardly 384.93 feet to a concrete monument at the beginning of a curve to the right, having a radius of 175.78 feet; Northwardly with said curve to the right (an interior angle of 1340 58' 54" to a chord having a distance of 248.52 feet) 276.02 feet to a concrete monument at the end of said curve; and Northeastwardly with an interior angle of 1340 52' 50", 11.24 feet to a concrete monument at its intersection with the Southerly right-of-way line of Garden Path, as shown on aforesaid Plat of Jonquilawn Subdivision recorded in Plat Section "G", Page 20; thence interior angle 2700 09'52" and Northwestwardly with said Southerly right-of-way line 52.22 feet to a'/2 inch rebar with Cap No. 2105 in a curve to the left, having a radius of 50.00 feet; thence Northeastwardly with said curve to the left (an interior angle of 900 to a chord having a distance of 50.00 feet) 52.36 feet to a'/2 inch rebar with Cap No. 2105 at the end of said curve and in the Northerly right-of-way line of aforesaid Garden Path; thence interior angle 900 and Southeastwardly with said Northerly right-of-way r.. line 52.36 feet to a concrete monument in the Northwesterly right-of-way line of aforesaid Amy Circle; thence Eastwardly with the Northwesterly right-of-way line of said Amy Circle for the following 3 calls: Northeastwardly with an interior angle of 2690 50' 07", 12.93 feet to a'/z inch rebar with Cap No. 2105 at the beginning of a curve to the right, having a radius of 193.52 feet; Northeastwardly with said curve to the right (an interior angle of 1370 59' 43" to a chord, having a distance of 259.51 feet) 284.42 feet to a'/2 inch rebar with Cap No. 2105 at the end of said curve; and Southeastwardly with an interior angle of 1370 52' 18", 356.37 feet to a 1/2 inch rebar with Cap No. 2105 in the Westerly right-of-way line of aforesaid U. S. Highway 45; thence interior angle 570 46' 38" and Southwestwardly with said Westerly right-of-way line 29.55 feet to a '/2 inch rebar with Cap No. 2105; thence interior angle 2090 02' 08" and continuing Southwestwardly with said Westerly right-of-way line of U. S. Highway 45, 25.04 feet to a'/2 inch rebar with Cap No. 2105 in the interior right-of-way line of aforesaid Amy Circle; thence Northwestwardly, Southwestwardly and Southeastwardly with said interior right- of-way line for the following 5 calls: Northwestwardly with an interior angle of 930 11' 14", 339.22 feet to a 1/2 inch rebar with Cap No. 2105 at the beginning of a curve to the left, having a radius of 143.52 feet; Southwestwardly with said curve to the left (an interior angle of 2220 04' to a chord, having a distance of 192.32 feet) 210.75 feet to a'/2 inch rebar with Cap No. 2105 at the end of said curve; Southwestwardly with an interior angle of 2220 04', 74.17 feet to a concrete monument at the beginning of a curve to the left, having a radius of 125.78 feet; Southeastwardly with said curve to the left (an interior angle of 2250 05' to a chord having a distance of 178.02 feet) 197.77 feet to a concrete monument at the end of said curve; and Southeastwardly with an interior angle of 2250 03' 16", 386.65 feet to a'/z inch rebar with Cap No. 2105 in the Westerly right-of-way line of aforesaid U. S. Highway 45 and a curve to the left, having a radius of 11,490.16 feet; thence Southwestwardly with said curve to the left in said Westerly right-of-way line (an interior angle of 880 01' 35" to a chord having a distance of 50.03 feet) 50.03 feet to a 1/2 inch rebar with Cap No. 2105, the point of beginning, making a closing interior angle of 910 58' 25" and containing 1.864 acres, as shown on "Street Closing for Richard and Carolyn Roof' prepared by Hunter Martin & Associates, Inc. dated April 10, 2003. The above legal description was written by Rod H. Martin, Kentucky Licensed Professional Land Surveyor, on the 10th day of April. 2003, and is correct to the best of my knowledge and belief. 492 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. SECTION 5. This ordinance shall be read on two separate days and become effective upon publication of title and certified summary thereof. ATTEST: NKIUV My V.11 ;.� Introduced by the Board of Commissioners May 13, 2003 Adopted by the Board of Commissioners May 27, 2003 Recorded by Tammara S. Brock, City Clerk, May 27, 2003 Published by The Paducah Sun, 4u AiC 3� A 6103 \winword\ord\eng\stclosing\amy drive & garden path