HomeMy WebLinkAboutOrdinances Book 13, Page 155, No Resolution Number155
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A RESOLUTION RECITING THE NEED FOR A RIGHT OF WAY OVER CERTAIN
LAND OF W. E. HARRIS AND WIFE, ALICE C. HARRIS, -FOR SPM AND
ASSOCIATED DRAINAGE PURPOSES IN CONNECTION WITH THE CONSTRUCTION
OF SECTION FIVE OF THE UNITED STATES OF 91ERICA HOUSING AND HOME
FINANCE AGENCY STORM SEWER PROJECT NO. KY 15 -CF -8; DESCRIBING
SAID LAND; AND PROVIDING AND AUTHORIZING THE CONDEMNATION OF SATE
FOR SUCH RIGHT OF WAY PURPOSES
WHEREAS, on June 13, 1952 the Housing and Home Finance Agency
of the United States of America made a grant to the City of Paducah,
Kentucky for the construction and improvement of certain storm sewers
in the city of paducah,•kentucky known as Project -No: KY 15 -CF -8; and
WHEREAS, said grant rras accepted by the City of Paducah, Kentucky
by an ordinance adopted by the Board of Commissioners of the City of
Paducah, Kentucky on June 24, 1952; and
11HEREAS, by an ordinance adopted by said Board of Commissioners on
December 23, 1952, the bid of D. W. Falls Construction Company for the
construction and improvements of said storm sewer eras accepted by the
City; and
117HEREAS, the said D. 111. Falls Construction Company thereafter started
such construction and is now engaged in the same; and
WHEREAS, a portion of such sewer project is known as i,"The Branch
Sewer" and is Section Five of said project; and
V1HEREAS, a right of way over certaiin land owned by W. E. Harris
and wife, Alice G. Harris; is needed for the construction of said
project for the purpose of laying sewer pipe, constructing an outlet
sewer
structure and flap gate and for open storm water drainage pur-
poses; and
WHEREAS, the City of Paducah, Kentucky has an easement over said
property for certain floodwall purposes as granted on November 25, 1938
by Roscie Houser and wife, Annie Houser, by deed of record in Deed Book
200, page 11$ in the McCracken County Court Clerk*s office, said ease-
ment being known as a "Borrow Pit Easement"; and
WHEREAS, said land is now owned by W. E. Harris and wife, Alice C.
Harris, and the said W. E. Harris has refused to permit the City of
Paducah, Kentucky and its contractor to install the necessary sewer
pipe, outlet structure and flap gate or to do any work for storm
water sewer drainage purposes in and on said land referred to as the
"Borrow Pit Easement", the said W. E. Harris claiming the easement
to said land owned by the City of Paducah, Kentucky did not and does
not give the City or its contractor the right to do such construction
work thereon; and
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WHEREAS, the City of Paducah, Kentucky has not been able to
purchase from the said W. E. Harris and wife, Alice C. Harris, a
suitable right of way over said land for such sewer purposes; and
WHEREAS, it is needed and necessary in order to complete the
construction of said Section Five of the aforesaid sewer project
to use said Borrow Pit Easement property and to condemn same for
such purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That a right of way on and over the hereinafter
described land of W. E. Harris and wife, Alice C. Harris, is needed
and necessary for the purpose of construction and completion of
Section Five of the United States of America Housing and Home Finance
Agency Storn Sewer Project No, KY 15 -CF-$, including the placing of
sewer pipe, the construction of a sewer outlet structure and flap gate
and for open drainage purposes.
SECTION 2. That said land be condemned as provided by law for
the purpose set out in Section 1 of this Resolution, said land being
situated in the City of Paducah, County of McCracken and State of
Kentucky, and described as follows:
"Beginning at a point on the north line of 32nd
street where same is intersected by the west
line of what is,known as the floodwall right of
way land; thence northvrardly and with the west
line of said floodwall land 445 feet more or
kess to a point opposite Station 19600 of said
floodwall right of way; thence at right angles
westwardly 10 feet to a new point in the west
line of said floodwall land; thence with the west
line of said floodwall land northwardly 7$0 feet,
more or less to the south line of Park Avenue;
thence westvmrdly with the south line of Park Avenue
140 feet: more or less, to the northwest corner • of
the herein described tract of landthence south-
wardly and parallel with the west �ine of said.
floodwall land 130 feet, more or less, to a point
directly opposite what is known as Station 190/00
of the floodwall right of way; thence at right angles
eastwardly 45 feet to another point directly opposite
said station; thence southwardly andparallel with
the w0st line of said floodwall land 600 feet, more
or less, to a point directly opposite Station 196/00
of the floodwall right of bray; thence at right angles
eastwardly 15 feet to another point directly opposite
said station; thence southwardly and parallel with
the west line of said floodwall land 410 feet, more
or less, to a point on the north line of 32nd Street;
thence southeasterly with said line of 32nd Street
90 feet, more or less, to the point of beginning."
Being a part of the same land conveyed to Roscoe
Houser by I9. J. Pierce, et al, by deed dated September
3, 1932 and recorded in Deed Boom 179, page 6 in the
McCracken County Court ClerkTs office, and being the
same land on and over which a Borrow Pit Easement was
conveyed to the City of Paducah, Kentucky by Roscoe
Houser and wife, Annie Houser by deed dated November
25, 1938 and recorded in Deed Book 200, page 118 in
the aforesaid Clerk's office, said land being described
in said deed as follows:
"Between Station 1$7 f $5 and Station 190 f 00,
130 feet on the river side of right of way."
"Between Station 190 / 00 and Station 196 / 00,
85 feet on the river side of right of way."
"Between Station 196 / 00 and Station 200 f 62
$0 feet on the river side of right of way."
SECTION 3. The Corporation Counsel of the City of Paducah,
Kentucky is hereby authorized and directed to institute, conduct and
prosecute in the McCracken Circuit Court proceedings in the name of
the City of Paducah, Kentucky for the condemnation of said land as
provid'ed'by law for right of way purposes needed for the construction
of the aforesaid sewer outlet structure, flap gate and any associated
drainage purposes in connection with the construction of Section Five
of the United States of America Housing and Home Finance Agency
Project Pio. KY 15 -CF-$;
SECTION 4. This Resolution shall be in full force and
effect from and after its adoption.
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Passed by the Board of Commissioners July 13, 1954
Recorded by Sarah Thurman, City Clerk, July 13, 1954.
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