HomeMy WebLinkAbout90-9-44941042
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ORDINANCE NO. 90- 9-4494
AN ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING A
CERTAIN PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT ACROSS THE PARCEL OF LAND BELONGING TO CHARLES R.
MCCLURE AND VERA MCCLURE TO BE USED BY THE PADUCAH WATER WORKS
COMMISSION TO LAY, MAINTAIN, REPAIR AND REMOVE A WATER MAIN AND
PROVIDING AND AUTHORIZING THE CONDEMNATION OF SAME.
WHEREAS, a certain permanent utility and a temporary
construction easement across a parcel of land owned by Charles R.
McClure and Vera McClure is necessary for the construction and
maintenance of a water main by Paducah Water Works Commission; and
WHEREAS, the Paducah Water Works Commission by resolu-
tion dated August 22, 1990, has requested the institution of con-
demnation proceedings on its behalf; and
WHEREAS, the Paducah Water Works Commission has been
unable to contract or agree with the owners thereof for the
acquisition or purchase of the real estate sought to be con-
demned; and
WHEREAS, the Board of Commissioners of the City of
Paducah, Kentucky do therefore agree with the request of the
Paducah Water Works Commission that it will be necessary to
institute condemnation proceedings pursuant to the Kentucky
Revised Statutes to acquire the aforesaid easements across said
property;
NOW, THEREFORE, be it ordained by the City of Paducah,
Kentucky:
SECTION I: That the corporate counsel of the City of
Paducah, Kentucky be and is hereby ordered and directed to insti-
tute condemnation proceedings in the McCracken Circuit Court in
the name of the City of Paducah, Kentucky for the use and benefit
of the Paducah Water Works Commission against Charles R. McClure
and Vera McClure, and all other parties at interest to acquire
the necessary easement rights across the subject property owned
by the aforesaid persons.
SECTION II: That the easement to be acquired is in
McCracken County, Kentucky and is more particularly described on
Exhibit "A", which is attached hereto and made a part hereof.
SECTION III: This ordinance shall be read on two
separate days and will become effective upon publication of title
and a certified summary thereof.
GERRY B. MONTGOMERY, MAYOR
Introduced by the Board of Commissioners on the 28th
day of August , 1990.
Adopted by the Board of Commissioners, Sept. ll , 1990.
Recorded by Lenita Smith, City Clerk, on the 11 day
of September , 1990.
Published by The Paducah Sun on the day of
September , 1990.
1043
DESCRIPTION OF TEN FOOT WIDE PERPETUAL UTILITY EASEMENT
BEING A STRIP OF LAND TEN (10) FEET IN WIDTH LOCATED ADJACENT AND
CONTIGUOUS TO THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH FRIENDSHIP
ROAD,OR KENTUCKY HIGHWAY NO. 1286 AND THE EASTERLY RIGHT-OF-WAY
LINE OF THE OLD NORTH FRIENDSHIP ROAD IN THE CITY OF PADUCAH,
McCRACKEN COUNTY, KENTUCKY, THE RIGHTS-OF-WAY LINES OF SAID ROADS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING WHERE THE NORTHWESTERLY RIGHT-OF-WAY LINE OF
SENECA LANE INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE
OF THE NORTH FRIENDSHIP ROAD; THENCE IN A WESTERLY
DIRECTION ALONG AND WITH SAID NORTHERLY LINE,
APPROXIMATELY 175 FEET, MORE OR LESS, TO THE BEGINNING
OF,A CURVE THAT IS,CONCAVE TO THE NORTHEAST; THENCE
ALONG THE ARC'OF SAID CURVE IN A WESTERLY DIRECTION
.CURVING TO A NORTHERLY DIRECTION, APPROXIMATELY 31.0
FEET, MORE OR LESS, TO THE END OF SAID CURVE ON THE
EASTERLY RIGHT-OF-WAY LINE OF THE OLD NORTH FRIENDSHIP
ROAD; THENCE _IN,A NORTHERLY DIRECTION ALONG AND WITH
SAID EASTERLY RIGHT=OF-WAY-LINE,_APPROXIMATELY 140
FEET,. MORE OR LES.S,'TO. THE SOUTHERLY LINE OF THE
PROP IERTY DESCRIBED .IN DEED BOOK 657, PAGE 656 OF THE
McCRACKEN-COUNTY COURT CLERKS OFFICE; SAID SOUTHERLY
LINE BEING THE TERMINATING POINT'OF THE HEREIN
DESCRIBED LINE AND EASEMENT.
THE AFORESAID TEN FOOT WIDE STRIP CONTAINS APPROXIMATELY 6,250
SQUARE.FEET OR ABOUT 0..143 ACRE,- MORE OR LESS.
DEED REFERENCES: DEE0'BOOK'2811, PAGE 79 AND DEED BOOK 393, PAGE
388.
Exhibit "A"
1044
DESCRIPTION OF TEN FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
BEING A STRIP OF LAND TEN (10) FEET IN WIDTH, THE CENTER LINE OF
WHICH BEING LOCATED FIFTEEN (15) FEET NORTH OF THE NORTHERLY
RIGHT-OF-WAY LINE OF NORTH FRIENDSHIP ROAD OR KENTUCKY HIGHWAY
NO. 1286 AND FIFTEEN (15) FEET EAST OF THE EASTERLY RIGHT-OF-WAY
LINE OF THE OLD NORTH FRIENDSHIP ROAD IN THE CITY OF PADUCAH,
McCRACKEN COUNTY, KENTUCKY, SAID STRIP BEING BOUNDED BY A LINE
FIVE (5) FEET TO THE LEFT AND FIVE (5) FEET TO THE RIGHT OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING WHERE A LINE 15.0 FEET NORTH OF AND PARALLEL
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTH
FRIENDSHIP ROAD INTERSECTS THE WESTERLY LINE OF THE
PROPERTY DESCRIBED IN DEED BOOK 387, PAGE 258 OF THE
McCRACKEN COUNTY COURT CLERK'S OFFICE, SAID POINT OF
INTERSECTION BEING LOCATED NEAR THE NORTHWESTERLY
CORNER OF THE INTERSECTION OF SAID NORTH FRIENDSHIP
ROAD AT SENECA LANE; THENCE IN A WESTERLY DIRECTION
ALONG AND WITH A LINE 15.0 FEET NORTH OF AND PARALLEL
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ROAD,
APPROXIMATELY 175 FEET, MORE OR LESS, TO THE BEGINNING
r. OF A CURVE THAT IS CONCAVE TO THE NORTHEAST; THENCE
ALONG THE ARC OF SAID CURVE PARALLEL WITH AND 15.0 FEET
FROM THE AFORESAID RIGHT-OF-WAY LINE AND INIA, WESTERLY
DIRECTION CURVING TO A NORTHERLY DIRECTION,
APPROXIMATELY 290 FEET, MORE OR LESS, TO THE END OF
SAID CURVE, 15.0 FEET EAST OF THE EASTERLY RIGHT-OF-WAY
LINE OF THE OLD NORTH FRIENDSHIP ROAD; THENCE IN A
NORTHERLY DIRECTION ALONG AND WITH A LINE 15.0 FEET
EAST OF AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY
LINE, APPROXIMATELY 140 FEET, MORE OR LESS, TO THE
SOUTHERLY LINE OF THE PROPERTY DESCRIBED IN DEED BOOK
657, PAGE 656 OF THE AFORESAID CLERK'S OFFICE, SAID
SOUTHERLY LINE BEING THE TERMINATING POINT OF THE
HEREIN DESCRIBED LINE AND EASEMENT.
THE AFORESAID TEN FOOT WIDE STRIP CONTAINS APPROXIMATELY 6,050
SQUARE FEET OR ABOUT 0.139 ACRE, MORE OR LESS.
THE AFORESAID TEMPORARY EASEMENT SHALL BE RELEASED ENTIRELY UPON
COMPLETION OF CONSTRUCTION AND CLEAN-UP FOR THE INSTALLATION OF
THE PROPOSED WATER MAIN IMPROVEMENTS.
DEED REFERENCES: DEED BOOK 284, PAGE 79 AND DEED BOOK 393, PAGE
388.
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