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HomeMy WebLinkAboutOrdinance Book 18, Page 234, No Resolution Number234 A RESOLUTION RECITING THE NEED FOR ACQUIRING CERTAIN PARCELS OF LAND BELONGING TO WILIMINIA G. ULLERICH, HUGO J. ULLERICH, ROY GRAMSE, HENRY BAUMER, JR., WILLIAM F. BAUMER, CHARLES E. McCUTCHEN AND ILLINOIS CENTRAL GULF RAILROAD, TO BE USED FOR A PERMANENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WEST END SEWER EXTENSION PROJECT, AND PROVIDING AND AUTHORIZING THE CONDEMNATION OF SAME WHEREAS, certain parcels of land owned by Wiliminia G. Ullerich, Hugo J. Ullerich, Roy Gramse, Henry Baumer, Jr., William F. Baumer, Charles E. McCutchen, and Illinois Central Gulf Railroad, are needed for the construction of the West End Sewer Extension (EDA Project 04-1-01009), and WHEREAS, the Board of Commissioners, by resolution dated March 20, 1973, authorized the City Manager to enter into negotiations for purchase of the said land, and WHEREAS, after negotiating for the purchase of same, the City Manager has reported that it is not possible to consummate such purchase at a value satisfactory to the aforesaid property owners and the City of Paducah, Kentucky, and WHEREAS, it will be necessary to institute condemnation proceedings pursuant to KRS 94.680 to acquire title to the same. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Corporation Counsel be, and he is hereby, ordered and directed to institute condemnation proceedings in the McCracken Circuit Court against Wiliminia G. Ullerich, Hugo J. Ullerich, Roy Gramse, Henry Baumer, Jr., William F. Baumer, Charles E. McCutchen, Illinois Central Gulf Railroad and all other parties in interest, to acquire permanent and temporary construction easements for sewer purposes, across the subject property owned by the aforesaid parties. SECTION 2. That the easements to be taken are more particularly described as follows: PAECEL OF WILIMINIA G. ULLERICH Beginning at a point in the eastern property line of Ullerich, a common line between Ullerich and Roy Gramse, said point being more specifically described as being located 1,036.0', more or less, in a southerly direction from the centerline of Kentucky Highway 305 (Old Cairo Road), measured along the division line between Gramse and Ullerich; thence from the point of beginning bearing N. 41 degrees 16 minutes west a distance of 52.39' to a point; thence bearing S. 78 degrees 53 minutes west a distance of 420.77' to a point; thence bearing S. 74 degrees 55 minutes west a distance of 124.0', more or less to a point in the division line between herein described Ullerich property and property owned jointly by Hugo J. and Wiliminia G. Ullerich and said point also being located 56.0', more or less, north of the centerline of an old abandoned Illinois Central Railroad fill, measured along the division line between the two Ullerich properties herein described. 235 TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 25.0' in width shall be granted along the northerly side of the foregoing described permanent utility easement, with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer; said temporary construction easement is to be used as a right of entry easement during the construction period of the utility and at the completion of the utility, said easement shall terminate and the land shall revert to the oweer and all interest conveyed herein shall cease. SOURCE OF TITLE All of the foregoing described easement property is a part of the same property conveyed to Wiliminia Gramse Ullerich from the Illinois Central Railroad Company by deed dated April 27, 1953, and recorded in Deed Book 334, page 516, McCracken County Court Clerk's office. PARCEL OF ROY GRAMSE PERMANENT EASEMENT Beginning at a point in the eastern property line of Gram6e, a common line between Gramse and Baumer, said point being more specifically described as being located in an existing line fence 50'. more or less in a southerly direction from the center line of Perkins Creek measured along the line fence extended; thence with the meanders of Perkins Creek and along the southerly bank bearing N. 83 degrees 06 minutes west a distance of 238.68 feet to a point; thence bearing N. 9 degrees 33 minutes west distance of 158.75' to a point; thence hearing N. 41 degrees 16 minutes west a distance of 235.79' to a point in the division line between Gramse and Mrs. Wiliminia Ullerich and said point also being located 1,036.0' more or less in a southerly direction from the centerline of Kentucky Highway 305 (Old Cairo Road), measured along the division line between Gramse and Ullerich. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 25.0' in width shall be granted along the southerly side of the foregoing described permanent utility easement, with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer; said temporary construction easement is to be used as a right of entry easement during the construction period of tf,e utility and at the completion of the utility, said easement shall terminate and the land shall revert of the Owner and all interest conveyed herein shall cease. SOURCE OF TITLE All of the foregoing described easement property is a part of the same property conveyed to Roy Gramse by deed dated January 14, 1946, and recorded in Deed Book 240, page 508, McCracken County Court Clerk's Office. PARCEL OF HENRY BALMER, JR. AND WILLIAM F. BAUMER PERMANENT EASEMENT Beginning at a point in the eastern properly line of Baumer a common line between Baumer and Charles E. McCutchen, said point being more specifically described as being 566.0', more or less south of the center line of Kentucky Highway 305, measured along the meanders of an existing fence line dividing the properties of McCutchen and Baumer; thence bearing S. 38 degrees 12 minutes west a distance of 189.96' to a point, said point being located on the northerly bank of Perkins Creek, 35' more or less northwesterly from the centerline of said Creek; thence with the meanders of said Perkins Creek along the northerly bank S. 27 degrees 28 minutes west a distance of 231.92' to a point; N. 88 degrees 236 08 minutes west a distance of 480.48' to a point; N. 44 degrees 14 minutes west a distance of 293.28' to a point; thence crossing Perkins Creek bearing S. 61 degrees 21 minutes west a distance of 162.52' to a point 55', more or less, south of the centerline of said Creek; thence with the meanders of said Creek along the southerly bank bearing S. 81 degrees 29 minutes west a distance of 451.49' to a point; S. 70 degrees 43 minutes west a distance of 318.37' to a point; N. 83 degrees 06 minutes west a distance of 7.55' to a point in an existing fence line, division between Baumer and Roy Cramse properties and said point also being 50', more or less, in a southerly direction from the centerline pf Perkins Creek measured along the meanders of said existing fence line dividing said properties. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 25.0' in width shall be granted along the northerly side of the foregoing described permanent utility easement from the point of beginning to a point where said easement crosses to and touches the southerly bank of said Perkins Creek and thence a temporary construction easement 25.01in width shall be granted along the southerly side of the foregoing described permanent utility easement from said point on the southerly bank of said Perkins Creek to the point of ending in the common fence line between Baumer and Cramse; said temporary construction easement shall provide the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer, said temporary construction easement is to be used as a right of entry easement during the construction period of the utility and at the completion of the utility, said easement shall terminate and the land shall revert to the Owner and all interest conveyed herein shall cease. SOURCE OF TITLE All the foregoing described easement property is a part of the same property conveyed to Henry Baumer, Jr, and William F. Baumer from Mrs. Ann Baumer Brown by Will dated May 2, 1967 and recorded in Will Book R, page 554, McCracken County Court Clerk's office. PARCEL OF CHARLES E. McCUTCHEN PERMANENT EASEMENT Beginning ata point in the property line between Charles E. McCutchen and the western line of floodwall properties owned by the City of Paducah, Kentucky, said point being more specifically described as 145.0' right (river side) of station 145 + 30 on the centerline of the floodwall, said centerline station referring to a survey made by the United States Engineer's Department for construction of the floodwall; thence bearing N. 66 degrees 45 minutes W. a distance of 225.0' to a point on the westerly bank of Perkins Creek; thence bearing N. 81 degrees 45 minutes west distance of 490.0' to a point, said point being 10.0' east of an existing line fence between McCutchen and Baumer properties and said point also being 184.0', more or less, south of the centerline of Kentucky Highway 305; thence parallel with and 10.0' east of McCutchen's west line bearing S. 8 degrees 15 minutes west a distance of 364.86' to a point; thence bearing S. 38 degrees 12 minutes west a distance of 20.03' to a point in the McCutchen - Baumer common line. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 25.0' in width shall be granted along the southerly and easterly side of the foregoing described permanent utility easement, with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer; said temporary construction easement is to be used as a right of entry easement during the construction period of the utility and at the completion of the utility, said easement shall terminate and the land shall revert to the Owner and all interest conveyed herein shall cease. SOURCE OF TITLE All the foregoing described easement property is a part of the same property conveyed to Charles E. McCutchen by W. 237 McCutchen by deed dated May 1, 1934, recorded in Deed Book 184, page 62, McCracken County Court Clerk's Office. PARCEL OF HUGO J. AND WI LIMINIA GRAMSE ULLERICH PERMANENT EASEMENT Beginning at a point in the eastern line of properties owned by Hugo J. and Wiliminia Gramse Ullerich, said line being also the western line of properties owned by Wiliminia Gramse Ullerich, and said point being more specifically described as being located 56.0' more or less north of the centerline of an old abandoned Illinois Central Railroad fill, measured along the division line between the two Ullerich properties; thence from the point of beginning bearing S. 74 degrees 55 minutes west a distance of 547.92' to a point in the division line between Ullerich and the Illinois Central Railroad and said point also being located 43.01, more or less, in a northerly direction from the centerline of an old abandoned Illinois Central Railroad fill, measured along the division line of Ullerich and the Illinois Central Railroad. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 25.0' in width shall be granted along the northerly side of the foregoing described permanent utility easement, with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer; said temporary construction easement is to be used as a right of entry easement during the construction period of the utility and at the completion of the utility, said easement shall terminate and the land shall revent to the Owner and all interest conveyed herein shall cease. SOURCE OF TITLE All of the foregoing described easement property is a part of the same property conveyed to Hugo J. and Wiliminia Gramse Ullerich from the Illinois Central Railroad by deed dated April 27, 1953, and recorded in Deed Book 334, Page 518, McCracken County Court Clerk's Office. PARCEL OF ILLINOIS CENTRAL RAILROAD PERMANENT EASEMENT Beginning at a point in the eastern property line of the Illinois Central Railroad, said line being a common line between Illinois Central Railroad and properties of Hugo J. and Wiliminia Ullerich, and said beginning point being more particularly described as being 43.0', more or less, in a northerly direction from the centerline of an old abandoned railroad fill, measured along the division line between Ullerich and the Illinois Central Railroad; thence from the point of beginning and parallel with the abandoned railroad fill, bearing S. 74 degrees 55 minutes west a distance of 86.11' to a point; thence bearing S. 77 degrees 23 minutes west a distance of 762.93' to a point; thence bearing S. 77 degrees 16 minutes west a distance of 30.0', more or less to a point in the division line between Illinois Central Railroad and properties owned by City of Paducah, Kentucky, said City property having been previously owned by the Illinois Central Railroad and sold to the City of Paducah, Kentucky, from abandoned railroad evaluation station 140 + 94 westward to the centerline of Perkins Creek containing 3.64 acres by deed dated July 15, 1968, and recorded in Deed Book 500, Page 66, McCracken County Court Clerk's office. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement 35.0' in width shall be granted 238 along the southerly side of the foregoing described permanent utility easement with the right to use same for all purposes necessary, proper and convenient in the construction of a gravity sanitary sewer; said temporary construction easement is to be used as a right of entry easement during the construction period of the utility and at the completion of the utility, said easement shall terminate and the land shall revert to the Owner and all interest conveyed herein shall cease. SOURCE OF TITLE All of the foregoing described easement property is a part of the same property conveyed to the Illinois Central Railroad by the Chicago, St. Louis and New Orleans Railroad by deed dated July 23, 1951, and recorded in Deed Book 306, page 301, McCracken County Court Clerk's Office. SECTION 3. That this resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners May 30, 1973 Recorded by Sarah Thurman, City Clerk, May 30, 1973.