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HomeMy WebLinkAbout2009-8-7583114308 ORDINANCE NO. 2009-8-7583 AN ORDINANCE DEEMING IT NECESSARY TO CONDEMN AND ACQUIRE FOR PUBLIC PURPOSES A CERTAIN PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THE REAL PROPERTY OF CHRISTIAN D. STEFFERUD AND MARIE L. STEFFERUD, AS TRUSTEES OF THE CHRISTIAN D. STEFFERUD AND MARIE L. STEFFERUD INTERVIVOS TRUST, FOR THE EXTENSION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE MUNICIPAL WATER SYSTEM BY PADUCAH WATER AND AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF SUCH EASEMENTS. WHEREAS, the Board of Commissioners of the Paducah Water Works (the "Paducah Water") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire, own, maintain, and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or without the corporate limits of the City; and WHEREAS, Paducah Water has determined that for purposes of providing an adequate and reliable water supply to its customers in the City of Paducah and McCracken County, Kentucky, it is necessary to extend, establish, erect, construct, acquire, own and maintain a transmission water line from Paducah Water's Southside water facilities into the Reidland area (the "Project"); and WHEREAS, a certain permanent utility easement and a temporary construction easement across a parcel of real property owned by Christian D. Stefferud and Marie L. Stefferud, as Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust, (collectively, the "Owner") is necessary for the extension, construction, erection, maintenance, and operation of the Project, which easements are more particularly described on Exhibit A attached hereto (the "Easements"); and WHEREAS, the Easements are needed by Paducah Water for the successful completion of the Project which is in furtherance of the public purpose to provide an adequate and reliable municipal water system to its customers; and WHEREAS, Paducah Water has been unable to contract or agree with the Owner thereof for the acquisition or purchase of the Easements sought to be condemned; and WHEREAS, the real property of the Owner affected by the acquisition of the Easements is more particularly described on Exhibit B (the "Real Property"); and WHEREAS, Paducah Water by resolution adopted on May 27, 2009 has authorized the institution of condemnation proceedings on its behalf in the name of the City for the use and benefit of Paducah Water to acquire the Easements. NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: SECTION 1. That public use and necessity require the acquisition by Paducah Water of the Easements for the extension, construction, erection, maintenance, and operation of the Project which is in furtherance of the public purpose to provide an adequate and reliable municipal water system to its customers. The Easements sought to be condemned are described in the attached Exhibit A and the Real Property affected by the Easements are described in the attached Exhibit B. SECTION 2. The City does hereby authorize the acquisition of the Easements pursuant to the Eminent Domain Act of Kentucky and further authorizes the institution of condemnation proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of Paducah Water against the Owner and all other parties of interest, to acquire the Easements across the Real Property of Owner. SECTION 3. That with respect to the Easements sought to be condemned, Paducah Water shall also acquire the following rights and interests: (a) Owner shall not erect or install any permanent improvement within the area or upon the land of the aforesaid permanent utility easement; and (b) The right of ingress and egress over the Real Property of Owner to and from the Easements and the right of entry upon, passage over, deposit of excavated earth and storage of material and equipment on the Real Property of Owner in the exercise of its rights under the Easements and the extension, construction, erection, maintenance, and operation of the Project. SECTION 4. Pursuant to the provisions of KRS 416.560 (2) the City of Paducah on behalf of Paducah Water is directed to seek and request from the governing body of McCracken County, Kentucky ("County") authorization to institute these condemnation proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of Paducah Water against the Owner for the condemnation of the Easements. Further, the County shall be named as a co -petitioner in the condemnation proceedings authorized by this Ordinance. SECTION 5. That the corporate counsel for the City, the law firm of Denton & Keuler, LLP, shall institute these condemnation proceedings on behalf of the City and Paducah Water and shall be appointed as special counsel for the County to represent the interests of the City, Paducah Water, and the County in the proceedings authorized herein, and all costs, including attorney fees, involved in or arising out of such proceedings shall be borne by Paducah Water. SECTION 6. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 7. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. 2 SECTION 8. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 9. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, July 21, 2009 Adopted by the Board of Commissioners, August 4, 2009 Recorded by Tammara S. Brock, City Clerk, August 4, 2009 Published by The Paducah Sun, August 10, 2009 Ord\condemn — PW water line (00114308) 7-09 3 EXHIBIT A EASEMENTS The Easements are located along the existing Paducah Floodwall, just north of U.S. Highway 62/68 - Clark's River Road (formerly Paducah Beltline Highway), in McCracken County, Kentucky and are better defined as follows: A parcel of land being 15 feet in width lying east of and parallel to the eastern right of way line of the Paducah Floodwall, north of Clarks River Road, Paducah, Kentucky, and the centerline of the said parcel being more particularly described as follows: Beginning at a point in the northerly right of way line of Clarks River Road (U.S. Highway 60, 62), said point being located southeasterly along the said northern right of way line of the Clarks River Road approximately 27.9 feet from an iron pin set at the intersection of the said roadway right of way line and the eastern right of way line of the Paducah Floodwall as described in Deed Book 200 Page 196; thence, in a northerly direction, parallel to the Paducah Floodwall and parallel and directly adjacent to a 20 foot wide drainage easement granted in favor of the City of Paducah by the deed of record in Deed Book 516 Page 540, a distance of approximately 579 feet to a point; thence, in a northwesterly direction and crossing a drain, a distance of approximately 45.3 feet to a point adjacent to a 5 foot offset in the right of way of the Paducah Floodwall; thence, in a northerly direction, parallel to and directly adjacent to the Paducah Floodwall, a distance of approximately 853 feet to the beginning of a curve to the left; thence, in a northerly direction, parallel to and directly adjacent to the Paducah Floodwall, approximately 256 feet along an arc to a point in the right of way line of the Paducah Floodwall in the line of offset of the Floodwall right of way from 35 feet to 110 feet. The intention of this easement is to extend from the Grantor's south property line to the point of intersection of the Paducah Floodwall right of way expansion from 35 feet to 110 feet and containing 0.597 acres more or less (25,987 square feet). In addition, a 10 -foot wide temporary construction easement, directly east of and adjacent to the above described perpetual easement containing an additional 0.402 acres more or less (17,514 square feet). Being the part of the same property conveyed to Christian D. Stefferud and Marie L. Stefferud, as Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust, by deed dated December 14, 1984, of record in Deed Book 670, page 683, in the McCracken County Court Clerk's office. al EXHIBIT B THE REAL PROPERTY OF THE OWNER The Real Property of the Owner is more particularly described as follows: Being a 33.35 acre tract of land as set forth on the Waiver of Subdivision for the Christian D. and Marie L. Stefferud Intervivos Trust of record in Plat Section L, page 5, in the McCracken County Court Clerk's office. Said tract of land is located on the north side of Paducah Beltline Highway (U.S. 60, 62, and 68) and on the east side of the Paducah Floodwall. Being the same property conveyed to Christian D. Stefferud and Marie L. Stefferud, as Trustees of the Christian D. Stefferud and Marie L. Stefferud Intervivos Trust, by deed dated December 14, 1984, of record in Deed Book 670, page 683, in the McCracken County Court Clerk's office. 61