Loading...
HomeMy WebLinkAbout2006-3-7078636 uck74799 ORDINANCE NO. 2006-3-7078 AN ORDINANCE PROVIDING FOR THE NEED TO ACQUIRE PERMANENT RIGHT OF WAY ACROSS A PARCEL OF REAL PROPERTY BELONGING TO JOHN P. FALES TO BE USED BY THE CITY OF PADUCAH, KENTUCKY, FOR THE CONSTRUCTION, IMPROVEMENT, AND WIDENING OF THE PUBLIC ROADWAY KNOWN AS PECAN DRIVE/BUCKNER LANE ROADWAY IMPROVEMENT PROJECT AND AUTHORIZING THE CONDEMNATION OF SAME WHEREAS, a certain right of way acquisition in fee across a parcel of real property owned by John P. Fales is necessary for the purposes of the construction, establishment, opening, altering, relocation, repair, maintenance, improvement, and widening of the public roadway known as Pecan Drive/Buckner Lane Roadway Improvement Project located in the City of Paducah, County of McCracken, 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 and maintain a public roadway system to serve the residents of the City of Paducah, Kentucky; and WHEREAS, the City of Paducah, Kentucky, has been unable to contract or agree with the owner thereof for the acquisition or purchase of the real property sought to be condemned; and WHEREAS, the owner of the real property sought to be condemned is John P. Fales; and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, do hereby authorize the condemnation of said rights sought across the herein -described real property pursuant to the Kentucky Revised Statutes. NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: Section 1. Authorization. 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 John P. Fales and all other parties at interest to acquire the necessary rights sought across the subject property owned by the aforesaid individual. Section 2. Acquisition. That the real property to be acquired is in Paducah, McCracken County, Kentucky, and is more particularly described as follows: PERMANENT RIGHT OF WAY PARCEL # 10 Being a portion of the property located at 200 Pecan Drive, ,�. Paducah, McCracken County, Kentucky and being more particularly described as follows: Beginning at a point on the northern property line 2.22 feet right of Pecan Drive station 107+33.62; thence with the northern property line S 80°30'31" E, 52.45 feet to a point on the proposed right of way line 50.00 feet left of Pecan Drive station 107+38.60; thence with the proposed right of way line S 4°02'29" W, 195.83 feet to a point on the southern property line 50.00 feet left of Pecan Drive 637 station 109+34.44; thence with the southern property line N 81°29'38" W, 51.02 feet to a point on the Pecan Drive existing right of way line 0.86 feet right of Pecan Drive station 109+30.46; thence with the Pecan Drive existing right of way line N 3°38'49" E, 196.85 feet to a point on the northern property line 2.22 feet right of Pecan Drive station 107+33.62 and the point of beginning. The above-described parcel contains 0.2322 acres (10,116 sq. ft). Being a portion of the same tract of land conveyed to John P. Fales by deed dated December 2, 1991, which is duly recorded in Deed Book 762, Page 591, and by Quitclaim Deed dated August 7, 1999, which is duly recorded in Deed Book 920, Page 194, in the office of the County Clerk of McCracken County, Kentucky. The above-described property is to be acquired in fee simple. Section 3. 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 4. 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. Section 5. 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 6. Effective Date. This Ordinance shall be read on two separate days and 1 will become effective upon summary publication pursuant to KRS Chapter 424.0 WILLIAM PAXTON. MAYOR ATTEST: ja�n� ZAP City Clerk Introduced by the Board of Commissioners, February 14, 2006 Adopted by the Board of Commissioners, March 6, 2006 Recorded by City Clerk, March 6, 2006 Published by The Paducah Sun, March 11, 2006 \ord\eng\condemnation(Fales)-Pecan-Buckner Roadway 74799 OA