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HomeMy WebLinkAboutOrdinances Book 17, Page 313, Ordinance Number 70-9-377313 _. ORDINANCE NO. 70-9-377 AN ORDINANCE RECITING THE NEED FOR ACQUIRING CERTAIN LAND FOR THE WIDENING OF FRIEDMAN LANE, PROVIDING'FOR A SHARING OF COST WITH THE COUNTY OF McCRACKEN, PROVIDING FOR THE PAYMENT OF FUNDS FOR PROPERTY TO BE ACQUIRED WITHIN THE CITY, AND AUTHORIZING THE CONDEMNATION OF SUCH PROPERTIES AS CANNOT BE ACQUIRED AT THE AUTHORIZED OFFERED PRICE WHEREAS, the City of Paducah, County of McCracken, and Commonwealth of Kentucky have found it necessary to widen the right-of-way and surface of Friedman Lane between Pines Road and U. S. Highway 60, and WHEREAS, some owners have refused to grant the additional right-of-way needed, and WHEREAS, it will be necessary to make such owners an offer for the acquisition of right-of-way from them, and WHEREAS, the City of Paducah has agreed to pay one-half of the cost of acquisition of property in the County Of McCracken on the opposite side of said Friedman Lane for property within the limits of the City of Paducah, and WHEREAS, some property is entirely within the City of Paducah and must be acquired solely by the City, and WHEREAS, it may become necessary to condemn the property of any owners of land within the City of Paducah that refuse to convey the necessary right-of-way at the price herein authorized to be paid, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager be, and he is hereby, authorized to authorize to pay the following amounts of damages to the following parties for the acquisition of right-of-way for the widening of Friedman Lane between Pines Road and U. S. Highway 60: Parcel No. Owner Damages 6 Tomas A. Paxton $ 100.00 7 Carolyn Elizabeth Paxton 250.00 S Elizabeth Carney Paxton 250.00 10 R. M. McCune Estate and Glenna McCune (widow) 2,000.00 13 James R. Reeves and Margaret H. Reeves, his wife 5,000.00 314 SECTION 2. That the City Treasurer be authorized to pay any of the sums set out in Section 1 above that are accepted by the owners and from whom a deed for the required parcels have been obtained, and the City Treasurer is further authorized to pay one-half of the following amounts to the named owners, their heirs, successors or assigns and persons determined to have an interest in the parcels of land to be acquired by the County of McCracken: OWNER DAMAGES John W. Keiler Estate $750.00 Gwendoloyne Fields Weirchouch 250.00 Dumas Fields & Flora Fields, his wife 1,250.00 Winfred E. Lynn & Louise Lynn, his wife 1,250.00 Harry H. Hester, Jr. & Berlene Hester, his wife 1,250.00 H. L. Duncan & Dorris L. Duncan, his wife 500.00 William Grey Skinner & Carolyn N. Skinner, his wife 250.00 SECTION 3. The City Manager is hereby directed to forthwith send a written notice of the offer to those owners named in Section 1 above, or to their heirs, successors or assigns, and such persons as hold an interest in the parcels sought to be acquired. SECTION 4. The City Manager is authorized and directed to obtain a right-of-way deed from William Amos Usher and Polly Jane Usher, his wife, for Parcel No. 2 as shown on the plans for the widening of said Friedman Lane in consideration of the benefits to be derived by the said parties from the improvement of the public road, it having been determined that there will be no residual damage to their property SECTION 5. That the Corporation Counsel be, and he is hereby, authorized and directed to institute condemnation proceedings against all parties in interest for any of the named parcels in Section 1 and 4 above, to acquire title for the widening of the said public way, namely, Friedman Lane from Pines Road to U. S. Highway 60, after notice of offer has been given and the authorized offers have been rejected. SECTION 6. That the property to be taken in and by the City of Paducah is more particularly described as follows Parcel No. 2 All of that part of said tract or severed southwest of a line described as follows: 315 Beginning at a point in the grantors property line 37.48' right of the proposed.centerline station 10+35.91; thence northwesterly to a point in the grantors northwest property line, said point being 36.05' right of proposed station 11+79.46. Also the following parcel of land lying immediately adjacent to the above described parcel, on the side, to the width, and between the stations shown below: Parcel From Width To Width Side • 10+60 7.76' 11+10 (a) 8.26' Right It is the specific intention of the grantors herein to convey a construction easement to the property described above and designated as parcel (a) for the purpose of entrance construction, and said easement terminates and reverts upon completion of same. Parcel No. 6 Beginning at a point in the grantors southeast property line 31.15' right of proposed centerline station 16+28.49; thence northwesterly to a point_ 30' right of proposed station 16+60; thence northeasterly to a point 45' right of proposed station 16+60; thence southeasterly to a point 45' right of proposed station 16+28.78; thence southwesterly to the point of beginning Also a parcel of land described as follows: Parcel (a) Beginning at a point 30' right of proposed station 17+97.57; thence northeasterly to a point 55' right of proposed station 18+01.90; thence southeasterly to a point 55' right of proposed station 17+85; thence southwesterly to a point 30' right of proposed station 17+85; thence northwesterly to the point of beginning. It is the specific intention of the grantor herein to convey a construction easement to the property described above and designated as Parcels (6) and (a) for the purpose of entrance construction, and said easement terminates and reverts upon completion of same. Parcel No. 7 All of that part of said tract or tracts severed southwest of a line described as follows: Beginning at a point in the existing._right of,_way line 30' right of proposed centerline station 17+97.57; thence northwesterly to a point 30' right of proposed station 20+50; thence northeasterly to a point 50' right of proposed station 20+50; thence northwesterly to a point 50' right of proposed station 20+68; thence southwesterly to a point 30' right of proposed station 20+68; thence northwesterly to a point 30' right of proposed station 22+89.72; said point being in the grantors northwest property line Also the following parcels of land lying immediately adjacent to the above described parcel, on the side, to the width, and between the stations . shown below: Parcel From Width To Width Side (a) P.L. @ 17+92.37 25'.. 18+20 25' Right (b) 18+50.. 0' 19+00 15' Right (c) 19+00 15' 19=50 15' Right (d) 19+50 15' 20+00 20' Right (e) 20+00 20' 20+50 20' Right (f) 20+50 20' 20+68 20' Right (g) 20+68 40' 20+76 40' Right (h) 20+75 20' 22+00 5' Right _ (i) 22+00 5'. P.L.@ 22+89.72 5' Right It is the specific intention of the grantors herein to convey a construction easement to the property described above and designated as parcels (a) through (i) for the purpose of construction, and said easement terminates and reverts upon completion of same. 315 316 Parcel No. 8 All of that part of said tract or tracts severed southwest of a line described as follows: Beginning at a point in the grantors southeast property line, said point being 30' right of proposed station 22+89.72; thence northwesterly to a point 30' right of proposed station 24+34; thence northeasterly to a point 45' right of proposed station 24+34; thence northwesterly to a point 45' right of proposed station 24+48; thence southwesterly to a point 30' right of proposed station 24+48; thence northwesterly to a point 30' right of proposed station 26+35.02; said point being in the grantors northwest property line. Also the following parcels of land. Parcel (a) Beginning at a point in the grantors property line 35' right of proposed station 22+89.72; thence northwesterly to a point 35' right of proposed station 23+25; thence northwesterly to a point 45' right of proposed station 24+00; thence northwesterly to a point 45' right of proposed Station 24+34, thence southwesterly to a point 30' right of proposed station 24+34, thence southeasterly to a point 30' right of proposed station 22+89.72; thence northeasterly to the point of beginning. Parcel (b) Beginning at a point in the proposed right of way line 30' right of station 24+48; thence northeasterly to a point 45' right of proposed station 24+48; thence northwesterly to a point 45' right of proposed station 25+00; thence northwesterly to a point 35' right of proposed station 26+10; thence northeasterly to a point 25' right of road approach station 0+75; thence northeasterly to a point 21' right of road approach station 1+25; thence southwesterly to a point 30' right of proposed station 26+35.02; thence southeasterly to the point of beginning. It is the specific intention of the grantor herein to convey a construction easement to the property described above and designated as parcels (a) and (b) for the purpose of construction, and said easement terminated and reverts upon completion of same. Parcel 10 All of that part of said tract or tracts severed southwest of a line described as follows: Beginning at a point in the grantors southeast property line, said point being 30' right of the proposed centerline at station 26+85.02; thence northwesterly to a point 30' right of station 28+25; thence northwesterly to a point 29' right of station 28+50; thence northwesterly to a point 30' right of station 29+00; thence northwesterly to a point in the grantors northwest property line 30' right of the proposed centerline. Also the following parcels of land lying immediately adjacent to the above described parcel, on the side, to the width, and between the stations shown below: Parcel From Width To Width side (a) 29+10 30' P.L. @ 29+32.76 30' Right It is the specific intention of the grantor herein to convey a construction easement to the property described above and designated as parcel (a) for, the purpose of entrance construction, and said easement terminates and reverts upon completion of same. Parcel No. 13 Beginning at a point in the existing right of way line 31.27' left of the proposed centerline at station 33+60.32; thence northerly and westerly along the existing right of way line to a point 30' left of proposed station 35+35.37; thence southeasterly to the point of beginning. 317 Also a parcel of land described as follows: Parcel (a) Beginning at a point 30' left of the proposed centerline at station 35+85; thence northwesterly and parallel to the proposed centerline to a point 30' left of station -37+78; thence northeasterly to a point 30' right of station 37+62; thence southeasterly and parallel to the proposed center line to a point 30' right of station 37+00; thence northeasterly to a point 75' right of station 37+00; thence southeasterly to a point 35.12' right of station 36+05.34; thence southerly and westerly along the existing right of way line to the point of beginning. Also the following parcels of land lying immediately adjacent to the above described parcels, on the side, to the width, and between the stations shown below: Parcel From Width To (b) P.L. @ 33+59.41 8.73' P.L.Oa35+34.50 (c) 35+90 60' 36+00 (d) 36+00 15' 37+82 Width Side 10' Left 15' Left 15' Left It is the specific intention of the grantors herein to convey a construction easegient to the property described above and designated as Parcels (b), (c) and (d) for the purpose of construction, and said easement terminates and reverts upon completion of same. SECTION 7. An emergency is hereby declared to exist, and this ordinance shall therefore be introduced and remain on file for one week in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect immediately thereafter. Mayor Introduced by the Board of Commissioners September 8, 1970 Passed by the Board of Commissioners September 18, 1970 Recorded by Sarah Thurman, City Clerk, September 18, 1970.