HomeMy WebLinkAbout2009-8-7583114308
ORDINANCE NO. 2009-8-7583
AN ORDINANCE DEEMING IT NECESSARY TO CONDEMN AND
ACQUIRE FOR PUBLIC PURPOSES A CERTAIN PERMANENT UTILITY EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THE REAL
PROPERTY OF CHRISTIAN D. STEFFERUD AND MARIE L. STEFFERUD, AS
TRUSTEES OF THE CHRISTIAN D. STEFFERUD AND MARIE L. STEFFERUD
INTERVIVOS TRUST, FOR THE EXTENSION, CONSTRUCTION, MAINTENANCE,
AND OPERATION OF THE MUNICIPAL WATER SYSTEM BY PADUCAH WATER
AND AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS FOR
THE ACQUISITION OF SUCH EASEMENTS.
WHEREAS, the Board of Commissioners of the Paducah Water Works (the
"Paducah Water") is a political subdivision of the Commonwealth of Kentucky and an agency of
the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS
96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and
WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire,
own, maintain, and operate the municipal water system, together with extensions and necessary
appurtenances thereto, within or without the corporate limits of the City; and
WHEREAS, Paducah Water has determined that for purposes of providing an
adequate and reliable water supply to its customers in the City of Paducah and McCracken
County, Kentucky, it is necessary to extend, establish, erect, construct, acquire, own and
maintain a transmission water line from Paducah Water's Southside water facilities into the
Reidland area (the "Project"); and
WHEREAS, a certain permanent utility easement and a temporary construction
easement across a parcel of real property owned by Christian D. Stefferud and Marie L.
Stefferud, as Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust,
(collectively, the "Owner") is necessary for the extension, construction, erection, maintenance,
and operation of the Project, which easements are more particularly described on Exhibit A
attached hereto (the "Easements"); and
WHEREAS, the Easements are needed by Paducah Water for the successful
completion of the Project which is in furtherance of the public purpose to provide an adequate
and reliable municipal water system to its customers; and
WHEREAS, Paducah Water has been unable to contract or agree with the Owner
thereof for the acquisition or purchase of the Easements sought to be condemned; and
WHEREAS, the real property of the Owner affected by the acquisition of the
Easements is more particularly described on Exhibit B (the "Real Property"); and
WHEREAS, Paducah Water by resolution adopted on May 27, 2009 has
authorized the institution of condemnation proceedings on its behalf in the name of the City for
the use and benefit of Paducah Water to acquire the Easements.
NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky:
SECTION 1. That public use and necessity require the acquisition by Paducah
Water of the Easements for the extension, construction, erection, maintenance, and operation of
the Project which is in furtherance of the public purpose to provide an adequate and reliable
municipal water system to its customers. The Easements sought to be condemned are described
in the attached Exhibit A and the Real Property affected by the Easements are described in the
attached Exhibit B.
SECTION 2. The City does hereby authorize the acquisition of the Easements
pursuant to the Eminent Domain Act of Kentucky and further authorizes the institution of
condemnation proceedings in the McCracken Circuit Court in the name of the City for the use
and benefit of Paducah Water against the Owner and all other parties of interest, to acquire the
Easements across the Real Property of Owner.
SECTION 3. That with respect to the Easements sought to be condemned,
Paducah Water shall also acquire the following rights and interests:
(a) Owner shall not erect or install any permanent improvement within the area or
upon the land of the aforesaid permanent utility easement; and
(b) The right of ingress and egress over the Real Property of Owner to and from
the Easements and the right of entry upon, passage over, deposit of excavated earth and storage
of material and equipment on the Real Property of Owner in the exercise of its rights under the
Easements and the extension, construction, erection, maintenance, and operation of the Project.
SECTION 4. Pursuant to the provisions of KRS 416.560 (2) the City of Paducah
on behalf of Paducah Water is directed to seek and request from the governing body of
McCracken County, Kentucky ("County") authorization to institute these condemnation
proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of
Paducah Water against the Owner for the condemnation of the Easements. Further, the County
shall be named as a co -petitioner in the condemnation proceedings authorized by this Ordinance.
SECTION 5. That the corporate counsel for the City, the law firm of Denton &
Keuler, LLP, shall institute these condemnation proceedings on behalf of the City and Paducah
Water and shall be appointed as special counsel for the County to represent the interests of the
City, Paducah Water, and the County in the proceedings authorized herein, and all costs,
including attorney fees, involved in or arising out of such proceedings shall be borne by Paducah
Water.
SECTION 6. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 7. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
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SECTION 8. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 9. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, July 21, 2009
Adopted by the Board of Commissioners, August 4, 2009
Recorded by Tammara S. Brock, City Clerk, August 4, 2009
Published by The Paducah Sun, August 10, 2009
Ord\condemn — PW water line (00114308) 7-09
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EXHIBIT A
EASEMENTS
The Easements are located along the existing Paducah Floodwall, just north of U.S.
Highway 62/68 - Clark's River Road (formerly Paducah Beltline Highway), in McCracken
County, Kentucky and are better defined as follows:
A parcel of land being 15 feet in width lying east of and parallel to the eastern right of way line
of the Paducah Floodwall, north of Clarks River Road, Paducah, Kentucky, and the centerline of
the said parcel being more particularly described as follows:
Beginning at a point in the northerly right of way line of Clarks River Road (U.S.
Highway 60, 62), said point being located southeasterly along the said northern right of way line
of the Clarks River Road approximately 27.9 feet from an iron pin set at the intersection of the
said roadway right of way line and the eastern right of way line of the Paducah Floodwall as
described in Deed Book 200 Page 196; thence, in a northerly direction, parallel to the Paducah
Floodwall and parallel and directly adjacent to a 20 foot wide drainage easement granted in favor
of the City of Paducah by the deed of record in Deed Book 516 Page 540, a distance of
approximately 579 feet to a point; thence, in a northwesterly direction and crossing a drain, a
distance of approximately 45.3 feet to a point adjacent to a 5 foot offset in the right of way of the
Paducah Floodwall; thence, in a northerly direction, parallel to and directly adjacent to the
Paducah Floodwall, a distance of approximately 853 feet to the beginning of a curve to the left;
thence, in a northerly direction, parallel to and directly adjacent to the Paducah Floodwall,
approximately 256 feet along an arc to a point in the right of way line of the Paducah Floodwall
in the line of offset of the Floodwall right of way from 35 feet to 110 feet. The intention of this
easement is to extend from the Grantor's south property line to the point of intersection of the
Paducah Floodwall right of way expansion from 35 feet to 110 feet and containing 0.597 acres
more or less (25,987 square feet).
In addition, a 10 -foot wide temporary construction easement, directly east of and adjacent
to the above described perpetual easement containing an additional 0.402 acres more or less
(17,514 square feet).
Being the part of the same property conveyed to Christian D. Stefferud and Marie L.
Stefferud, as Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust, by
deed dated December 14, 1984, of record in Deed Book 670, page 683, in the McCracken
County Court Clerk's office.
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EXHIBIT B
THE REAL PROPERTY OF THE OWNER
The Real Property of the Owner is more particularly described as follows:
Being a 33.35 acre tract of land as set forth on the Waiver of Subdivision for the
Christian D. and Marie L. Stefferud Intervivos Trust of record in Plat Section L, page 5, in the
McCracken County Court Clerk's office. Said tract of land is located on the north side of
Paducah Beltline Highway (U.S. 60, 62, and 68) and on the east side of the Paducah Floodwall.
Being the same property conveyed to Christian D. Stefferud and Marie L. Stefferud, as
Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust, by deed dated
December 14, 1984, of record in Deed Book 670, page 683, in the McCracken County Court
Clerk's office.
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