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HomeMy WebLinkAboutOrdinance Book 18, Page 17, Ordinance Number 73-1-74517 ORDINANCE NO. 73-1-745 AN ORDINANCE AUTHORIZING AND APPROVING THE CORPORATION COUNSEL FOR THE CITY OF PADUCAH, KENTUCKY, ACTING IN CONJUNCTION WITH THE COUNTY OF MCCRACKEN, KENTUCKY, TO ACQUIRE, BY CONDEMNATION, AIR NAVIGATION RIGHTS OVER CERTAIN REAL ESTATE SITUATED IN MCCRACKEN COUNTY, KENTUCKY, FOR COMPLIANCE WITH REGULATIONS OF THE FEDERAL AVIATION ADMINISTRATION IN AND FOR THE INSTALLATION OF AN INSTRUMENT LANDING SYSTEM AT BARKLEY FIELD BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Pursuant to the authority granted to a city of the second class by Kentucky Revised Statutes 84.150(g), 94.680 and 183.476, the City of Paducah, Kentucky, a city of the second class, together and in conjunction with the County of McCracken, Kentucky, a political subdivision of said state, who are now joint owners of a public airport located in McCracken County, Kentucky, known as Barkley Field, does hereby deem it necessary to acquire for public purposes, certain air navigation rights in the airspace over the following real estate situated in McCracken County, Kentucky, for compliance with the regulations of the Federal Aviation Administration iin and for the installation of an instrument landing system at said airport and does authorize the condemnation of said interest in the airspace of said real estate, as follows: (A) Owner of Property to be condemned: R. C. Dowdy Source of Title Deed Book 179, page 513 Interest in Real Estate to be Condemned: Non-exclusive perpetual easement with right of ingress and egress to enter upon the real estate of R. C. Dowdy, to cut, trim and remove trees, vegetation and other obstructions which protrude in the airspace over that portion of real estate of R. C. Dowdy, the lowest level of which airspace is to be condemned, is described as follows: Beginning at an elevation level of 484.60 feet above mean sea leven in the airspace over a point at the furthermost Northeast corner of the R. C. Dowdy property, as described in the Deed of Conveyance to R. C. Dowdy, dated February 23, 1934, and recorded in Deed Book 179, page 513, in the McCracken County Court Clerk's office, and which point, over the aforesaid northeast corner, is perpendicular from and approximately, 680 feet to the left, or southeasterly, to a point 3920.0 feet from the end of Runway 4 18 at Barkley Field, as measured along the centerline, if extended, in a southwesterly direction from the end thereof, as it existed on December 1, 1972; thence from said begin- ning point at the aforestated elevation in a southwesterly direction over and across the entire property of R. C. Dowdy, as described in the aforesaid deed, which falls within the southwest approach zone for Runway 4 of Barkley Field, as described and required by Federal Aviation Administration regulations, and from said elevation level of 484.60 feet on an ascending plane through the airspace over the Dowdy property to an elevation level of 519.20 feet above mean sea level at a point 5,650 feet fron the end of said runway, as measured along the extended centerline if extended as afore- said. The ascending plane increasing one (1) foot in vertical height from the said elevation level of 484.60 feet for every fifty (50) feet of horizontal distance, as measured in a south- westerly direction fron the centerline reference point of 3,920.0 feet, as aforesaid along the centerline if extended, to the reference point of 5,650.0 feet. (B) Owner of Property to be Condemned: O. T. Allen and Martha Sue Allen Sources of Title; Tracts 1 and 2 Deed Book 355, page 423 Trace 3 Deed Book 500, page 289 Interest in Real Estate tobe Condemned: Fee Simple interest in air space above ascending plane hereinafter described, with perpetual easement with right of ingress and egress to enter upon the real estate of O. T. Allen and Martha Sue Allen to cut, trim and remove trees, vegetation and other obstructions which protrude into the air space over that portion of the real estate to be condemned, the lowest level of which air space to be condemned, is described as follows: Tract No. 1: Beginning at an elevation level of 398.0 feet above mean sea level in the airspace over a point in the northerly right-of-way line of U. S. Highway 60, which point is North 81 degrees 35 minutes 30 seconds West 988.5 feet from the point of intersection of the northerly right-of- way line of U. S. Highway 60, and the westerly right-of-way line of the Fisher School - Mt. Zion Church Road, and which point is also perpendicular to a point 803.16 feet from the end of Runway 22 at Barkley Field, as measured along the centerline, if extended, in a northeasterly direction from the end thereof, as it existed on December 1, 1972; thence South 81 degrees 35 minutes 30 seconds East 988.5 feet over the northerly right-of-way of U. S. Highway 60 to an elevation level of 413.5 feet above mean sea level over the point of intersection of the northerly right-of-way line of U. S. Highway 60, and the westerly right-of-way line of the Fisher School - Mt. Zion Church Road, and which point is also perpendicular to a point 1330.6 feet from the end of Runway 22 as measured along the centerline, if extended, as aforesaid; thence over the westerly right-of- way line of the Fisher School - Mt. Zion Church Road 615.0 feet to a point over said right-of- way at an elevation level of 436.0 feet above 19 mean sea level and which point is also perpendicular to a point 2095.16 feet from the end of Runway 22, as measured along the center- line thereof, if extended, as aforesaid; thence over a line perpendicular to the centerline of Runway 22, if extended, North 49 degrees 30 minutes West approximately 225 feet to the elevation level of 436.0 feet above mean sea level over a point in the southerly right-of- way over the Old Cairo Road; thence in a south- westerly direction over the southerly right-of- way of the Old Cairo Road 745.0 feet to an eleva- tion level of 418.5 feet above mean sea level over the point where the southerly right-of-way line of the Old Cairo Road intersects the west edge of the new clearance zone of Runway 22, and which point is also perpendicular to a point 1500.16 feet from the end of Runway 22, as measured along the centerline thereof, if extended, as aforesaid; thence over the west edge of the new clearance zone South 31 degrees. 58 minutes 10 seconds West 656.77 feet to the elevation level of 398.0 feet above mean sea level, the place of beginning. The above describes an ascending plane over the property described, increasing one (1) foot in vertical height for every thirty-four (34) feet of horizontal distance, as.measured in a northeasterly direction from the centerline reference point of 803.16 feet, as aforesaid, along said centerline, if extended, to the reference point of 2095.16 feet. There is excepted from the airspace over that portion to be condemned all of the airspace and the previous right of ingress and egress conveyed by Allen's predecessors in title now owned by the City of Paducah, Kentucky and County of McCracken, Kentucky, which has been conveyed to the City pf Paducah, Kentucky and County of McCracken, Kentucky, by deed of Paducah Airport Corporation dated November 30, 1970, and recorded in Deed Book 524, page 576, and which is more accurately described in the McCracken Circuit Court Judgment rendered December 5, 1959, in McCracken Circuit Court, Civic Action. No. 3644, Paducah Airport Corporation, Plaintiff, vs. O. T. Allen, et at Defendants. Tract No. 2: Beginning at an elevation level of 398.0 feet above mean sea level in the airspace over a point in the northerly right-of-way line of U. s. Highway 60, which point is North 81 degrees 35 minutes 30 seconds west 988.5 feet from the point of intersection of the northerly right-of-way line of U. S. Highway 60, and the westerly right-of-way line of the Fisher School - Mt. Zion Church Road, and which point is also perpendicular to a point 803.16 feet from the end of Runway 22 at Barkley Field, as measured along the centerline, if extended, in a northeasterly direction from the end. thereof, as it existed on December 1, 1972; thence North 81 degrees 35 minutes 30 seconds west 190 feet to an elevation level of 420.0 feet above mean sea level over a point in said northerly right- of-way of U. S. Highway 60; thence from said elevation in a northeasterly direction with an interior angle of 058 degrees 658 feet to an elevation level 426.0 feet above mean sea level over a point in the southerly right-of-way of the Old Cairo Road; thence in a northeasterly direction over the right-of-way of said road 120 feet to an elevation level 418.5 feet above mean sea level over the point where the southerly right-of-way of said road intersects the west edge of the new clearance zone for Runway 22, and which point is also perpendicular to a point 1500.16 feet from the end of Runway 22, as measured along the centerline thereof, if extended, as aforesaid; thence over the west edge of the new clearance zone South 31 degrees 58 minutes 10 seconds West 656.77 feet to the elevation level 398.0 feet above mean sea level the place of beginning. The above describes a terrain clearance level of 50 feet over the above described real estate as measured northwest- wardly from the previously established elevations of the west edge of the clearance zone for Runway 22 increasing one (1) foot in vertical height for every seven (7) feet of horizontal distance. Tract No. 3; Beginning at an elevation level of 414.67 feet above mean sea level in the airspace over the point of intersection of the northerly right-of-way line of U. S. Highway 60, and the easterly right-of-way line of the Fisher School - Mt. Zion Church Road, and which point is also perpendicular to a point 1370.0 feet from the end of Runway 22 at Barkley Field, as measured along the centerline, if extended, in a northeasterly direction fron the end thereof, as it existed on December 1, 1972; thence in a northeasterly direction over the easterly right- of-way line of the Fisher School - Mt. Zion Church Road 650.6 feet to an elevation level of 432.02 feet above mean sea level, and which point is also perpendicular to a point 1960.0 feet from the end of Runway 22, as measured along the centerline thereof, if extended, as aforesaid; thence over a line perpendicular to the centerline of Runway 22, if extended, South 49 degrees 30 minutes East 750 feet to an elevation level of 432.02 feet above mean sea level; thence at right angles in a south- westerly direction approximately 285 feet to an elevation level of 425.40 feet above mean sea level over a point in the northerly line of U. S. Highway ro, and which point is also perpendicular to a point 1735.0 feet from the end of Runway 22, as measured along the centerline thereof, if extended as afore- said; thence over the northerly right-of-way line of U. S. Highway 60 North 81 degrees 35 minutes 30 seconds West 583 feet to an elevation level of 414.67 feet above mean sea level, the place of beginning. The above describes an ascending plane over the property described, increasing one (1) foot in vertical height for every thirty-four (34) feet of horizontal distance, as measured in a northeasterly direction from the centerline reference point of 1370.0 feet, as afore- said, along said centerline, if extended, to the reference point of 1960.0 feet, SECTION 2. The Corporation Counsel of the City of Paducah, Kentucky, or his designee, is hereby authorized to act in conjunction with the County I of McCracken, Kentucky, in instituting the aforesaid condemnation proceedings, SECTION 3. This ordinance shall be in full force and effect from and I after its adoption. Mayor Passed by the Board of commissioners January 16, 1973 Recorded by Sarah Thurman, City Clerk, January 16, 1973.