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ORDINANCE NO. 92-1-4722
ORDINANCE PROVIDING FOR NEED OF ACQUIRING A PERMANENT
ACCESS ROAD EASEMENT ACROSS THE PARCEL OF REAL PROPERTY
BELONGING TO GULSHAN KUMAR AND RAJ LUXMI MAHTA TO BE USED
BY THE CITY OF PADUCAH TO SERVE, REPAIR AND MAINTAIN A LIFT
STATION AND AUTHORIZING CONDEMNATION OF SAME
WHEREAS, there is presently located upon the real
property of Gulshan Kumar and Raj Luxmi Mahta ("Owners") a
City sanitation sewage line and lift station, which line and
lift station are presently located upon such property
pursuant to a deed of easement accorded to the City of
Paducah dated the 26th day of November, 1991, of record in
Deed Book 760, page 315, McCracken County Court Clerk's
Office; and
WHEREAS, it is necessary for the City to have
daily access to the aforesaid lift station to enable the V,
City to service, maintain, and repair said lift station, and
therefore, it is necessary for the City to construct a
gravel access road upon the property of Gulshan Kumar and
Raj Luxmi Mahta to provide for such access; and
WHEREAS, the above-described easement heretofore
accorded to the City of Paducah is not sufficient to allow
the City to construct such an access road, and therefore, an
access road easement is necessary; and
WHEREAS, the City of Paducah has been unable to
contract or agree with the owners thereof for the
acquisition of such access road easement; and
WHEREAS, since the City of Paducah is unable to
contract or agree for such acquisition, it is now necessary
that the City of Paducah condemn same;
WHEREAS, the Board of Commissioners %if the City of
t
Paducah, Kentucky, do hereby authorize the condemnation of
an access road easement upon, on, and across the herein
described real property, which condemnation shall be brought
pursuant to KRS Chapter 416;
NOW, THEREFORE, be it ordained by the City of Paducah:
i. _
419
SECTION 1.
That corporate counsel of the City of Paducah,
Kentucky, be and is hereby authorized and directed to
institute condemnation proceedings in the McCracken Circuit
Court in the name of the City of Paducah, Kentucky, against
Gulshan Kumar and Raj Luxmi Mahta, and all other parties of
interest, to acquire the necessary easement rights across
the herein described real property for the purpose of
constructing and maintaining an access road to its lift
station and for the purpose of providing City of Paducah
access over and upon said access road.
SECTION 2.
The easement sought to be acquired is located in
McCracken County, Kentucky, and is more particularly
described as follows:
Beginning at a point marking the
northeast intersection of the right of
way lines of the Interstate Highway 24
Ramp "D" and Cairo Road (Highway 305);
thence along the east line of Ramp "D"
N4200015311W a distance of 63.34 feet to
a point in the Owners' north line;
thence along the Owners' north line
N6403710711E a distance of 31.31 feet;
thence S4200015311E a distance of 54.04
feet to a point; thence N8900910711E a
distance of 191.47 feet to a point;
thence N78051'59"E a distance of 132.08
feet to a point in the Owners' east
line; thence along the Owners' east line
S1804015311E a distance of 15.00 feet to
a point in the north right of way of
Cairo Road (Highway 305); thence along
said right of way S76040'07"W a distance
of 135.57 feet to a point; thence
continuing along said right of way
S89009'07"W a distance of 216.02 feet to
the point of beginning.
SECTION 3.
This ordinance shall be read on two separate days
and will become effective upon publication of the title and
certified summary thereof.
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Introduced by the Board of Commissioners January 14, 1992
Adopted by the Board of Commissioner January 28, 1992
Recorded by Lenita Smith, City Clerk, January 28, 1992
Published by The Paducah Sun
420