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HomeMy WebLinkAboutOrdinances Book 17, Page 961, Ordinance Number 72-4-625961 t ORDINANCE NO. 72-4-625 AN ORDINANCE RECITING THE NEED FOR THE ACQUISITION OF CERTAIN LAND FOR A SANITARY SEWER EASEMENT TO SERVICE LOURDES HOSPITAL, AND PROVIDING FOR THE PAYMENT OF THE PROPERTY TO BE ACQUIRED BY THE GRANTING OF TAP -ON RIGHTS WHEREAS, the City of Paducah has found it necessary to extend sanitary sewers from the Bellemeade Subdivision Area across Lone Oak Road to the new Lourdes Hospital, and WHEREAS, it is also necessary to locate new force main along the south line of the Blandville Road, and WHEREAS, it is necessary to acquire easements across the Ezzell property in the north corner of the intersection of U. S. 45 and Kennedy Road and also across the Ezzell property along the south line of the Blandville Road near Kennedy Road, and WHEREAS, the owners of the said property have agreed to convey the required easement for the right to place six (6) single tap -ons to the City's sanitary sewer for commercial, multi -family or individual residences within the said Ezzell tract near the north corner of the intersection of U. S. 45 and Kennedy Road, and WHEREAS, the City of Paducah and the property owners have further agreed upon terms and conditions for the restoration of certain property after installation of the sewer line and upon the relocation of a line in the event the Kentucky Department of Highways does not acquire the Ezzell property at the intersection of U. S. 45 and Kennedy Road for the relocation of Kennedy Road with the development of an interchange for Interstate Highway 24, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accept easements for the below described tracts, subject to the consideration and terms and conditions as herein set out, from T. C. Ezzell, Mary Miller Ezzell, Juliette K. Ezzell and T. Calder Ezzell, Jr. The easements to be conveyed to the City are more particularly described as follows: (A) EASEMENT US 45 AND KENNEDY ROAD Being a strip of ground 10 feet wide, the centerline of said 10 foot wide strip of ground beginning at the northerly R/W 962 line of US 45, right of station 56+90; thence running in a northerly direction at 90 degrees to the northerly R/W line of US 45 a distance of 33 feet to a point; thence turning in a northwesterly direction approximately 61 degrees 30 minutes and running 5 feet north, parallel and adjacent to the proposed R/W line of relocated Kennedy Rd. a distance of 155 feet, more or less to a point; thence turning in a southwesterly direction approximately 56 degrees and running 5 feet south of, parallel and adjacent to the proposed northerly R/W line of relocated Kennedy Rd, a distance of 280 feet, more or less, to a point; thence turning in a northwesterly direction approximately 34 degrees 30 minutes and running a distance of 114 feet, more or less, to a point in the easterly R/W line of the existing Kennedy Road, said point being 231 feet, more or less, from the intersection of the existing northerly R/W line of US 45 and the existing easterly R/W line of Kennedy Road. (B) EASEMENT US 62 BLANDVILLE ROAD Being a strip of ground 10 feet wide, the centerline of said strip of ground beginning at the easterly property line of the City of Pa- ducah pumping station property (station 43+94 US 62) 13 feet south of the existing southerly R/W line of US 62; thence running in a northeasterly direction 13 feet south of adjacent and parallel to said southerly R/W line of US 62 a distance of 1000 feet to a point; thence turning and running in a northeasterly direction to a point in the existing southerly R/W line of US 62 approximately 35 feet from the northeasterly property corner of the T. C. Ezzell et al property. (C) ALTERNATE EASEMENT FOR US 45 AND KENNEDY ROAD Being a 10' wide strip adjacent to and parallel to the northerly right-of-way line of US 45 (Lone Oak Road), beginning at the northeasterly intersection of US 45 and Kennedy Road right-of-way line; thence running N 56 degrees 38 minutes 51 seconds E adjacent to and parallel to the northerly right-of-way line of US 45 a distance of 525 feet. The consideration for the easements shall be as follows: (a) The City of Paducah shall grant the right to the Grantors to place six (6) free sewer tap -ons on a sanitary sewer to be constructed across their property in tracts (A) or (C). (b) The City of Paducah agrees to relocate any sewer located in tract (A) within six months after the Kentucky Department of Highways has made a final decision not to relocate Kennedy Road for the development of an interchange for U. S. Interstate Highway 24 which right-of-way for the relocated road shall cover the property as described in tract W. The relocation of said sewer shall be to tract (C) and shall be accomplished within six months after notification by the Kentucky Department of Highways to the Grantors, their successors, heirs or assigns of a final determination not to acquire the Grantors' property for the new road, provided, however, the said Grantors, their successors, heirs and assigns, shall immediately notify the City of any such 963 notification. In the event the City of Paducah elects not to relocate the said sewer line, it agrees to purchase all property of the grantors between the boundary of the easement and the tight -of -way line of US 45 and the existing Kennedy Road at the agreed purchase price of $1.25 per square foot. (c) The City agrees to lay the force main in tract (B) on or before April 30, 1972. The City agrees to compact all backfill across the existing Ezzell yard from a point approximately 40 feet south of the southerly driveway to the terminal point of the easement at the north end of said easement. The City further agrees to remove three trees in said yard that will be immediately adjacent to the new sewer lin e. It is further agreed and understood both driveways shall be compacted and re -graveled with white rock, and that the remaining areas across the yard shall be re -seeded or sodded. If the condition of said yard has not been reasonably restored to its prior condition, less trees, by June 1, 1972, the grantors will have the right to obtain the services of a landscaper at city expense to restore the property to its original condition. (d) In the event the Kentucky Department of Highways alters its plan for widening US 62 (Blandville Road) and determines that it shall not acquire the Ezzell property in which Tract (B) is to become part of the future right-of-way, the City shall, within six (6) months of notification of said final determination, relocate the force main to the existing highway right-of-way, or else purchase the grantors' property between the new sewer easement and the existing right-of-way at an agreed purchase price of Twenty Cents ($0.20) per square foot. SECTION 2. An emergency is declared to exist and this ordinance shall therefore be introduced and remain on file for one week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect immediately thereafter. Mayor Introduced by the Board of Commissioners March 28, 1972 Passed by the Board of Commissioners April 4, 1972 Recorded by Sarah Thurman, City Clerk, April 4, 1972.