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HomeMy WebLinkAbout86-6-2852575 ORDINANCE NO. 86-6-2852 AN ORDINANCE APPROVING A FENCE TO BE CONSTRUCTED BY GEORGE AND LANA SIRK IN A PUBLIC ALLEY ADJACENT TO LOTS 17 AND 18 OF BLOCK "E" OF GREGORY HEIGHTS ADDITION WHEREAS, George and Lana Sirk own real estate known as Lots 17, 18, 19, 20 and 21 of Block "E" of Gregory Heights Addition to the City of Paducah; and WHEREAS, said real estate is abutted by a 20 -foot alley running on the back side of said lots; and WHEREAS, said alley is unimproved, and a substantial amount of money would be required to open said alley for vehicles; and WHEREAS, the Refuse Department has used the driveway of the real estate owned by George and Lana Sirk to make refuse collections for residences located on the other side of the public alley; and WHEREAS, George and Lana Sirk have agreed to formally allow the City to continue to use their driveway and a designated strip for access to the public alley in consideration of the City's allowing George and Lana Sirk to construct a fence, with a gate, on the alley for an approximate distance of sixty (60) feet immediately in back of Lots 17 and 18 from an existing stockade fence to a stone fence; and WHEREAS, the properties adjacent to the other side of the alley would be benefitted by the City being able to continue refuse collections on said alley. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby approves and grants to George and Lana Sirk permission to construct a fence, with a gate, between the existing stockade fence and a stone fence located on the 20 -foot public alley on the rear of Lots 17, 18, 19, 20 and 21 of Block "E" of the Gregory Heights Addition to the City of Paducah, upon the following conditions: (a) George and Lana Sirk agree to allow the City to continue access to the alley and use the driveway and a path to be constructed, for refuse collections in the above -referenced public alley; (b) The cost of constructing the fence will be borne solely by George and Lana Sirk, and said fence shall have a gate of sufficient size to allow passage of the "Cushman" refuse carts; (c) This Agreement is terminable at will by either party, and should the Agreement be terminated, George and Lana Sirk shall remove the fence approved herein at their own cost. SECTION 2. The Corporation Counsel is authorized to draw, and the Mayor is authorized to execute, any and all documents necessary to carry out the intent of this ordinance. SECTION 3. This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. JOE VITERISI Mayor Introduced by the Board of Commissioners May 29, 1986 Adopted by the Board of Commissioners June 10, 1986 Recorded by Lenita Smith, City Clerk, June 10, 1986 Published by The Paducah Sun June 16, 1986.