HomeMy WebLinkAbout2006-3-7078636
uck74799
ORDINANCE NO. 2006-3-7078
AN ORDINANCE PROVIDING FOR THE NEED TO ACQUIRE
PERMANENT RIGHT OF WAY ACROSS A PARCEL OF REAL PROPERTY
BELONGING TO JOHN P. FALES TO BE USED BY THE CITY OF PADUCAH,
KENTUCKY, FOR THE CONSTRUCTION, IMPROVEMENT, AND WIDENING OF
THE PUBLIC ROADWAY KNOWN AS PECAN DRIVE/BUCKNER LANE ROADWAY
IMPROVEMENT PROJECT AND AUTHORIZING THE CONDEMNATION OF SAME
WHEREAS, a certain right of way acquisition in fee across a parcel of real
property owned by John P. Fales is necessary for the purposes of the construction, establishment,
opening, altering, relocation, repair, maintenance, improvement, and widening of the public
roadway known as Pecan Drive/Buckner Lane Roadway Improvement Project located in the City
of Paducah, County of McCracken, Kentucky; and
WHEREAS, the following described real property is needed by the City of
Paducah, Kentucky, in furtherance of the public purpose of the City of Paducah to provide and
maintain a public roadway system to serve the residents of the City of Paducah, Kentucky; and
WHEREAS, the City of Paducah, Kentucky, has been unable to contract or agree
with the owner thereof for the acquisition or purchase of the real property sought to be
condemned; and
WHEREAS, the owner of the real property sought to be condemned is John P.
Fales; and
WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, do
hereby authorize the condemnation of said rights sought across the herein -described real property
pursuant to the Kentucky Revised Statutes.
NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky:
Section 1. Authorization. That the corporate counsel of the City of Paducah,
Kentucky, be and is hereby ordered and directed to institute condemnation proceedings in the
McCracken Circuit Court in the name of the City of Paducah, Kentucky, against John P. Fales
and all other parties at interest to acquire the necessary rights sought across the subject property
owned by the aforesaid individual.
Section 2. Acquisition. That the real property to be acquired is in Paducah,
McCracken County, Kentucky, and is more particularly described as follows:
PERMANENT RIGHT OF WAY
PARCEL # 10
Being a portion of the property located at 200 Pecan Drive,
,�. Paducah, McCracken County, Kentucky and being more
particularly described as follows:
Beginning at a point on the northern property line 2.22 feet right of
Pecan Drive station 107+33.62; thence with the northern property
line S 80°30'31" E, 52.45 feet to a point on the proposed right of
way line 50.00 feet left of Pecan Drive station 107+38.60; thence
with the proposed right of way line S 4°02'29" W, 195.83 feet to a
point on the southern property line 50.00 feet left of Pecan Drive
637
station 109+34.44; thence with the southern property line N
81°29'38" W, 51.02 feet to a point on the Pecan Drive existing
right of way line 0.86 feet right of Pecan Drive station 109+30.46;
thence with the Pecan Drive existing right of way line N 3°38'49"
E, 196.85 feet to a point on the northern property line 2.22 feet
right of Pecan Drive station 107+33.62 and the point of beginning.
The above-described parcel contains 0.2322 acres (10,116 sq. ft).
Being a portion of the same tract of land conveyed to John P. Fales
by deed dated December 2, 1991, which is duly recorded in Deed
Book 762, Page 591, and by Quitclaim Deed dated August 7, 1999,
which is duly recorded in Deed Book 920, Page 194, in the office
of the County Clerk of McCracken County, Kentucky.
The above-described property is to be acquired in fee simple.
Section 3. 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 4. 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.
Section 5. 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 6. Effective Date. This Ordinance shall be read on two separate days and 1
will become effective upon summary publication pursuant to KRS Chapter 424.0
WILLIAM PAXTON. MAYOR
ATTEST:
ja�n� ZAP
City Clerk
Introduced by the Board of Commissioners, February 14, 2006
Adopted by the Board of Commissioners, March 6, 2006
Recorded by City Clerk, March 6, 2006
Published by The Paducah Sun, March 11, 2006
\ord\eng\condemnation(Fales)-Pecan-Buckner Roadway
74799
OA