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Home My WebLink About90-12-454824 ORDINANCE NO. 90-12-4548 ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING A CERTAIN PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ACROSS THE PARCEL OF REAL PROPERTY BELONGING TO IRIS COLLENE (CAIN) BRELIN, JESSE KENNETH SPEARS, GEORGIA EILEEN DUNCAN AND HUSBAND, ROY DUNCAN, DAVID R. SPEARS AND WIFE, SHIRLEY M. ` SPEARS, TO BE USED BY THE CITY OF PADUCAH, KENTUCKY, TO LAY, MAINTAIN, REPAIR AND REMOVE A GRAVITY SANITARY SEWER AND AUTHORIZING THE CONDEMNATION OF SAME. WHEREAS, a certain permanent utility and a permanent access easement across a parcel of real property owned by Iris Colleen Cain (Brelin), Jesse Kenneth Spears, Georgia Eileen Duncan and husband, Roy Duncan, David R. Spears and wife, Shirley M. Spears, is necessary for the construction and maintenance of a gravity sanitary sewer by the City of Paducah, Kentucky; and WHEREAS, the following described real property is needed by the City of Paducah, Kentucky in furtherance of the public purpose of the City of Paducah to provide a clean and sanitary sewage disposal system; and WHEREAS, the City of Paducah, Kentucky has been unable to contract or agree with the owners thereof for the acquisition or purchase of the real property sought to be condemned; and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, do hereby authorize the condemnation of an easement across the herein described real property pursuant to the Kentucky Revised Statutes; Kentucky: NOW, THEREFORE, be it ordained by the City of Paducah, SECTION ONE That the corporate counsel of the City of Paducah, Kentucky be and is hereby ordered 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, Georgia Eileen Duncan and husband, Roy Duncan, David R. Spears and wife, Shirley M. Spears, and all other parties at interest to acquire the necessary easement rights across the subject property owned by the aforesaid persons. SECTION TWO 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 THREE In order to expedite the construction of the aforesaid sewer project, an emergency is hereby declared to exist and this ordinance shall become effective with one reading. Jd. GERf B. rJ64TGERY, YOR 25 Introduced and adopted by the Board of Commissioners on the // day of _, 1990. Recorded by Lenita Smith, City Clerk, on the /f day of bte"iIf , 1990. Published by the Paducah Sun on the/'z day of 4 , 1990. 0 r of a tract of _eginning at a point in the son�hbc ngctheeintcrsection of shed ;n^d by Iris Brelin, said poi north city limits line and the east right of way linea ftile ong said2� int-erstate ramp; thence in a northwesterly r, ht of way line a distance of 30 feet to a point; thence in an caaid zterly direction a distance of60feet + t osal3point,elnpropexty%nt ,.--gated in the sot�til property ]no thence in a westerly direction a distance of 50 feet to the point of beginning as indicated on the attached drawing. Being a part of the same19��po�t�eeordconveyed DeedJBoolc 229esse R. SpPac3e 57G. by �ccd dated February 10, Jesse R. Spears died intestate on October 14, 1970 and pursuant on a=_idavit of descent of record in Deed Book 555, Page ?.48, said property vested in Lennie B. Spears, widow, Jesse Kenneth Spears, Georgia Eileen Duncan, David R. Spears and Iris Henry Ford Spears, title and Clleen Cain. Lennie B. Spears conveyed all her right, Henry Ford interest in and to the property to Jesse Kenneth Spears, Spears, Georgia Eileen Duncan, David R. Spears and Iris Colleen Cain By deed dated August 17, 1973, of record in peed Book 555, Page 250. Henry Ford Spears, et. ux., conveyed all their right, title and interest in and to the property to Iris Colleen Cain by deed ec dated November 9, 1977, of record in Deed Book 600, Page 421. also Quit Claim deed from Phillip Cain, et. ux., to Iris Colleen (Cain) Brelin and husband, Eric Brelin, dated September 11, 1986, of record in Deed Book 723, Page 386. All instruments of record in the McCracken County Court Clerk's Office. Exhibit "A" 26 J MH 2-A MH I -A STA 0+00.00 • �° p = 21.03'00" RT STA 0+80.00 F 28"06'00" LT .i\�,. ` �• `mac--� 1 it IP6-RM,dNF�/7'E/fSEMF.�/T _ _ �� t f t � 1 1 1 1 1 1 ;1 1 I1 1 owls J � l OLIVET BAPTIST CHURCH. D.B. 447 PG. 360 MH 2-D STA 2+17.00 LINE "D' A= 6007'13" LT STA 0+00.00 LINE "E' A= 75*06'00" RT T T T T T T- -r-T- T- r It CAIRC w X X • �gti7j.�•-i"'-••1►-+'1 t�F-'��-'� _s-.. � � _ _ .._-� hf--i-.-� H �-1 r--1 f--1 !--I � _ `-SMT STATION �l Beginning a 10 foot strip of 1 property line; thence from the continuing along and parallel line in an easterly direction grantor's east property line a 28 and along the grantor's south grantor's west property line with the grantor's south property a distance of 25 feet to the s indicated on the attached drawing. a temporary construction easement more particularly described as being a 10 foot strip of land running parallel and adjacent to the aforementioned 10 foot sanitary sewer easeme4t a distance of 25 feet; with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer. These temporary construction easements shall be in force during the construction period of the utility and at the completion of the utility, said temporary easement shall terminate and the land shall revert to the owner and all interest conveyed herein shall cease. Being the same property conveyed to Jesse R. Spears by deed dated June 25, 1955, of recor& in Deed Book 363 Page 28. Jesse R. Spears died intestate on October 14, 1970 and pursuant to an affidavit of descent of record in Deed Book 555 Page 248, said property vested in Lennie B. Spears, widow, Jesse Kenneth Spears, Henry Ford Spears, Georgia Eileen Duncan, David R. Spears, and Iris Colleen Cain. Lennie B. Spears,',widow, conveyed all her right, title and interest in and to said property to Jesse Kenneth Spears, Georgia Eileen Duncan, David R. Spears and Iris Colleen Cain by deed dated March 3, 1980, of recordlin Deed Book 626 Page 756. Henry Ford Spears, et. ux., conveyed all their right, title, and interest in and to the property to Jesse Kenneth Spears, Georgia Eileen Duncan and David R. Spears and Iris Colleen Cain by deed dated September 19, 1981, of record in Deed Book 641 Page 270. See also Quit Claim deed from Phillip Cain, et. ux., to Iris Colleen (Cain) Brelin and husband, Eric Brelin, dated September 17, 1986, of record in Deed Book 723 Page 383. All instruments are of record in the McCracken County Court Clerk office. M., MH I -A (WET _WELL) STA O+oo.00 - I .1-T (10mils A= 21'*03'00o, -RT STUB MH1-� MH 2-D STA 0+80.00 28'606,00,o s 2+17,00 LINE z.), = 6"07'13" LT STA 0+00-00 LIN "E' A= 75*06#00" R FAj VALVE VAIs 1% V, FM ---,r-T8 FOIR-CE MAIN r1t) w CAIR( : . - -..: i.