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ORDINANCE NO. 92-5-4770
AN ORDINANCE PROVIDING FOR NEED OF ACQUIRING A
PERMANENT ACCESS EASEMENT ACROSS THE PARCEL OF EAL PROPERTY
BELONGING TO IRIS COLLEEN (CAIN) BRELIN; JESSE KENNETH SPEARS
AND GENIE SPEARS; GEORGIA EILEEN DUNCAN AND ROY DAND
YD NC N;THE
DAVID R. SPEARS AND SHIRLEY M. SPEARS TO BE U SED CITY OF
PADUCAH TO SERVE, REPAIR AND MAINTAIN A LIFT STATION, AND
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AUTHORIZING THE CONDEMNATION OF SAME
WHEREAS, there is presently located upon the real
property of Iris Colleen (Cain) Brelin; Jesse Kenneth Spears
and Genie Spears; Georgia Eileen Duncan and Roy Duncan; and
David R. Spears and Shirley M. Spears a city sanitation sewage
line and lift station, which line and lift station are
presently located upon such property pursuant to a sanitary
sewer easement accorded to the City of Paducah dated the 22nd
day of January, 1991, or record in Deed Book 760, page 280,
McCracken County Clerk's Office; and
WHEREAS, it is necessary for the City to have daily
access to the aforesaid lift station to enable the City to
J 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 Iris Colleen (Cain) Brelin; Jesse Kenneth
Spears and Genie Spears; Georgia Eileen Duncan and Roy Duncan;
and David R. Spears and Shirley M. Spears 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; and
WHEREAS, the Board of Commissioners of the City of
Paducah do hereby authorize the condemnation of an access road
easement upon, on and across the herein -described real prop-
erty, which condemnation shall be brought pursuant to KRS
Chapter 416.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The corporation 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
Iris Colleen (Cain) Brelin; Jesse Kenneth Spears and Genie
._._.. _. .._..
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Spears; Georgia Eileen Duncan and 'Roy Duncan; and David R.
Spears and Shirley M. Spears, 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 the City of Paducah access over and upon
said access road.
SECTION 2. The access easement sought to be acquired
is located in McCracken County, Kentucky, and is more
particularly described as follows:
Beginning at the grantor's southeast property corner,
said point being 70 feet left of the Cairo Road (Ky
305) centerline station 29+04.88; thence along said
right of way with the arc of a curve concave to the
south and having a radius of 5,070 feet, a chord
length of 26.39 feet and a bearing on the chord of
south 77 degrees 34 minutes 43 seconds west, a
distance of 26.39 feet to a point in grantor's west
line, said point also being 70 feet left of
centerline station 28+78.49; thence along grantor's
west property line north 18 degrees 40 minutes 53
seconds west a distance of 15.09 feet to a point;
thence with the arc of a curve concave to the south
and having a radius of 5,085 feet, a chord length of
26.39 feet and a bearing on the chord of north 77
degrees 33 minutes 37 seconds east, a distance of
26.39 feet to a point on the grantor's east line;
thence along the grantor's east line south 18 degrees
40 minutes 52 seconds east a distance of 15.09 feet
to the point of beginning. Said access easement
contains 395.8'square feet.
SECTION 2. This ordinance shall be read on two
separate days and will become effective upon summary
publication pursuant to KRS Chapter 42A.
GE B. MONT O RY
Mayor
Introduced by the Board of Commissioners May 12, 1992
Adopted by the Board of Commissioners May 26, 1992
Recorded by Lenita Smith, City Clerk, May 26, 1992
Published by The Paducah Sun May 25, 1992.
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