HomeMy WebLinkAbout2012-7-7939ORDINANCE NO. 2012-7-7939
AN ORDINANCE PROVIDING FOR THE CLOSING OF A PORTION
OF GARFIELD STREET FROM CHESTER HACK DRIVE TO COXEY STREET,
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE TRANSFER OF PROPERTY
C 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 Garfield Avenue from Chester Hack Drive to Coxey Street, and being
more particularly described as follows:
Lying between Chester Hack Drive and Coxey Street and being Garfield Street as
dedicated per Fritz E. Metzger Subdivision recorded in Deed Book 50, page 594,
McCracken County Court Clerk's office, McCracken County, Kentucky and more
particularly bounded and described as follow to wit:
Beginning at a %" rebar with cap no. 2105 set in the Westerly right-of-way line of
Garfield Street (unimproved) at its intersection with the Southerly right-of-way line
of Coxey Street, said point being S 72013'00" E 334.00 feet as measured
along the Southerly right-of-way line of said Coxey Street from its intersection with
the Easterly right-of-way line of Lincoln Street; THENCE FROM SAID POINT OF
BEGINNING S 72013'00" E with the southerly right-of-way line of said Coxey
Street 60.00 feet to a YT rebar with cap no. 2105 set in the Easterly right-of-way
line of said Garfield Street; thence S 5°02'45" W with the Easterly
right-of-way line of said Garfield Street 398.98 feet to a VT rebar with cap no.
2105 set in the Northerly right-of-way line of Chester Hack Drive; thence N
82003'20" W with the Northerly right-of-way line of said Chester Hack Drive 58.60
feet to a YT rebar with cap no. 2105 set in the aforesaid Westerly right-of-way line
of Chester Hack Drive; thence N 5°02'45" E with said Westerly right-of-way line
409.25 feet to the Point of Beginning and containing 23,650.3 square feet (0.543
acres) as shown on "Street Closing for Randal J. Wiersma" prepared by Hunter
Martin & Associates, Inc. dated March 26, 2012.
The above Legal Description was written by Rod H. Martin, Kentucky Professional
Land Surveyor, on March 26, 2012 and is correct to the best of my knowledge
and belief.
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. Randal J. and Linda D. Wiersma 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 18th day of June, 2012, 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 all documents necessary to complete the transfer of property 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:
jwyT� 0/1
TAMMARA S. SANDERSON, CITY CLERK
Introduced by the Board of Commissioners June 26, 2012
Adopted by the Board of Commissioners July 10, 2012
Recorded by Tammara S. Sanderson, City Clerk, July 10, 2012
Published by The Paducah Sun, July 14, 2012
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