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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 \ord\plan\stdose\garfield st 11 ;-