HomeMy WebLinkAboutOrdinances Book 10, Page 248, No Ordinance NumberPage 248
AN ORDINANCE AUTYIORIZIIdG THE 1+'iAYOR AIlD THE CITY CLERK TO
EXECUTE A DEED OR SUCH OTHER INSTRUMENT AS MY BE NECESSARY FOR
I�I THE PURPOSE OF GRANT.NG UNTO THE C010.10 .EALTH OF KENTUCKY OF AN
I EASEiciENT IN OR THE RIGHT TO USE FOR THE CONSTRUCTION DF A HIGHC'JAY
I�
THAT PORTION OF A TRACT OF LAND ON NORTH 13TH STREET AS EXTENDED,
I
II AND BEING A PART OF THE PROPERTY ACQUIRED FOR COiSTRUCTION OF THE
FLOOD PROTECTION 1YALL
i
THAT 71HEREAS!i under deed executed and delivered -to the City of
j Paducah by T.A.Idiller, Diaster Commissioner of the I-TeCracken Circuit
Court, dated T.ay 17th, 1939, the City of Paducah acquired title to
I�
a tract of land owned by Charles E. McCutcheon and wife Roberts
ii
1leCutcheon, John T.TcCutcheon and C.E.Bichon as Committee for W.T.
it
McCutcheon, together with easement for entry in and right to use
it
certain of said adjoining lands for borrow pits in connection with .
Ithe construction and maintenance of a Flood Protection Wall; and,i
WHEREAS, the Commonwealth of Kentucky, for the use and benefiIt
of the Department of highways is desirous of acquiring the right -
1! of -way over and through a certain portion of the McCutcheon land
Iwhich is not required for use in the construction of said flood
i
wall, and in consideration of the benefit to be derived by the
li
City of Paducah from the construction of said public road, it is
i
deemed to be in the interest of the public welfare to convey
a right-of-way, license or easement over and through said lands
li for highway purposes,
NOVI THEREFORE BE T
j� , IT ORDAINED BY THE BOARD OF COT+inSISSIOIJERS
II OF THE CITY OF PADUCAH, KENTUCKY:
ii SECTION 1. j
I
Provided Charles E. McCutcheon and wife Roberta McCutcheon,
John McCutcheon and C.E.Bichon as Committee for li'.T,incCutcheon
will either join with the City of Paducah in the execution of a
deed to the Commonwealth of Kentu6ky, or by a separate instrument
of writing will release and relinquish to the Commonwealth of
t
Kentucky their right, title and interest in and to that portion
of the above mentioned flood wall property which is needed for
highway purposes, the Yayor and City Clerk are hereby authorized
to execute for and on behalf of the City of Paducah a deed or such
i
other instrument as may be necessary for the purpose of the
granting unto the Commonwealth of Kentucky of an easement in or
the right to use for the construction of a public road leading
from Paducah to LTaxon Mill in lAcCraeken County, Kentucky over
and through a tract of land on North 13th Street as extended, and'
to grant unto the Commonwealth of Kentucky all r fight, title and
•
Page 249
interest which the City of Paducah has in that portion of said
IIflood wall land which is required for highway purposes. Provided
further that such decd or other instrument to be executed on
behalf of said city shall by appropriate provision therein. retain
all rights necessary to the erection, maintenance and existence
of the Flood Protection Works for which the property was acquired.
SECTION a
This ordinance shall be in full force and effect from and after
its adoption.
Mayor
Passed by the Board of Commissioners, May 14, 1940
Recorded by $udy Stewart, City Clerk, I:;ay 15, 1940.
II