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HomeMy WebLinkAbout2021-10-8710234348 ORDINANCE NO. 2021 -10-8710 AN ORDINANCE DEEMING IT NECESSARY TO CONDEMN AND ACQUIRE FOR PUBLIC PURPOSES A CERTAIN PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THE REAL PROPERTY OF PROREALESTATE, LLC, FOR THE EXTENSION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE MUNICIPAL WATER SYSTEM BY PADUCAH WATER AND AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF SUCH EASEMENTS. WHEREAS, the Board of Commissioners of the Paducah Water Works (the "Paducah Water") is a political subdivision of the Commonwealth of Kentucky and an agency of the City of Paducah, Kentucky (the "City") duly established and empowered pursuant to KRS 96.320 to manage on behalf of the City the municipal water system of the City of Paducah; and WHEREAS, Paducah Water is authorized to establish, erect, construct, acquire, own, maintain, and operate the municipal water system, together with extensions and necessary appurtenances thereto, within or without the corporate limits of the City; and WHEREAS, Paducah Water has determined that for purposes of providing an adequate and reliable water supply to its customers in the City of Paducah and McCracken County, Kentucky, it is necessary to extend, establish, erect, construct, acquire, own and maintain a sixteen (16) inch water main which will run from the Cairo Road Pump Station to the Cairo Road Elevated Storage Tank and the northwestern portion of Paducah Water's Service Area (the "Project"); and WHEREAS, a certain permanent utility easement and a temporary construction easement across two adjacent parcel(s) of real property owned by ProRealEstate, LLC, a Kentucky limited liability company (the "Owner") is necessary for the extension, construction, erection, maintenance, and operation of the Project, which easements are more particularly depicted on Exhibit A and described on Exhibit B attached hereto (the "Easements"); and WHEREAS, the Easements are needed by Paducah Water for the successful completion of the Project which is in furtherance of the public purpose to provide an adequate and reliable municipal water system to its customers; and WHEREAS, Paducah Water has been unable to contract or agree with the Owner thereof for the acquisition or purchase of the Easements sought to be condemned; and WHEREAS, the real property of the Owner affected by the acquisition of the Easements is more particularly described on Exhibit C (the "Real Property"); and WHEREAS, Paducah Water by resolution adopted on January 27, 2021 has authorized the institution of condemnation proceedings on its behalf in the name of the City for the use and benefit of Paducah Water to acquire the Easements. NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: Section 1. That public use and necessity require the acquisition by Paducah Water of the Easements for the extension, construction, erection, maintenance, and operation of the Project which is in furtherance of the public purpose to provide an adequate and reliable municipal water system to its customers. The Easements sought to be condemned are described in the attached Exhibits A and B and the Real Property affected by the Easements are described in the attached Exhibit C. Section 2. The City does hereby authorize the acquisition of the Easements pursuant to the Eminent Domain Act of Kentucky and further authorizes the institution of condemnation proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of Paducah Water against the Owner and all other parties of interest, to acquire the Easements across the Real Property of Owner. Section 3. That with respect to the Easements sought to be condemned; Paducah Water shall also acquire the following rights and interests: (a) Owner shall not erect or install any permanent improvement within the area or upon the land of the aforesaid permanent utility easement; and (b) The right of ingress and egress over the Real Property of Owner to and from the Easements and the right of entry upon, passage over, deposit of excavated earth and storage of material and equipment on the Real Property of Owner in the exercise of its rights under the Easements and the extension, construction, erection, maintenance, and operation of the Project. Section 4. Pursuant to the provisions of KRS 416.560 (2) the City of Paducah on behalf of Paducah Water is directed to seek and request from the governing body of McCracken County, Kentucky ("County") authorization to institute these condemnation proceedings in the McCracken Circuit Court in the name of the City for the use and benefit of Paducah Water against the Owner and other parties of interest for the condemnation of the Easements. Further, the County shall be named as a co -petitioner in the condemnation proceedings authorized by this Ordinance. Section 5. That the corporate counsel for the City, the law firm of Denton Law Firm, PLLC, shall institute these condemnation proceedings on behalf of the City and Paducah Water and shall be appointed as special counsel for the County to represent the interests of the City, Paducah Water, and the County in the proceedings authorized herein, and all costs, including attorney fees, involved in or arising out of such proceedings shall be borne by Paducah Water. Section 6. 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 7. 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 8. 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 9. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this Ordinance. As grounds therefore, the City Commission does hereby declare an emergency to exist as to the authorizations provided here. Specifically, any further delay in the acquisition of the Easements could adversely impact commencement of the construction and the Project. Section 10. Effective Date. This Ordinance sh f ct after its passage, as provided by law. ,/ ATTEST: r a lty Clerk , Introduced by the Board of Commissioners, October 12, 2021 Adopted by the Board of Commissioners, October 26, 2021 Recorded by City Clerk, Octdober 26, 2021 Published by The Paducah Sun, October 29, 2021. Ord Prepared by Alex Blackwell — Denton Law ORD\ PW Easement —Condemnation & Acquisition 2021 Ms 11.3081.1 EASEMENTS The Easements are located along the Cairo Road, in McCracken County, Kentucky and are better defined as follows: Easement 1 A strip of land 20 feet in width, centered about a water line beginning at the Grantor's east property line and ending at the Grantor's west property line as further described below. Commencing at the Grantor's northeast property corner, said corner being in the south right-of-way line of Cairo Road and also being the northwest corner of the ProRealEstate, LLC property as described in Deed Book 1420 Page 389, in the McCracken County Court Clerk's office; thence, in a southerly direction with the Grantor's east property line an approximate distance of 25 feet to the point of beginning; thence, in a westerly direction, centered about a water line, an approximate distance of 250 feet to a point on the Grantor's west property line, said point being approximately 25 feet from the Grantor's northwest property corner. The total area of the proposed permanent easement is 5,130 sq ft (0.12 acres). In addition, a temporary construction easement 10 feet in width shall be granted, adjacent, and parallel to the south side, with a variable width easement granted along the north side of the described perpetual easement for the entire length of said easement. The total area of the proposed temporary easement is 5,630 sq ft (0.13 acres). Said tract being a portion of the same property conveyed to ProRealEstate, LLC, a Kentucky limited liability company, by Deed dated October 30, 2020, in Deed Book 1420 Page 392 in the McCracken County Court Clerk's office. Easement 2 A strip of land 20 feet in width, centered about a water line beginning at the Grantor's east property line and ending at the Grantor's west property line as further described below. Commencing at the Grantor's northeast property corner, said corner being in the south right-of-way line of Cairo Road and also being the northwest corner of the BJE Family, LLC property as described in deed book 921, page 691, in the McCracken County Court Clerk's office; thence, in a southerly direction with the Grantor's east property line an approximate distance of 22 feet to the point of beginning; thence, in a westerly direction, centered about a water line, an approximate distance of 470 feet to a point on the Grantor's west property line, said point being approximately 25 feet from the Grantor's northwest property corner. The total area of the proposed permanent easement is 9,370 sq ft (0.22 acres). In addition, a temporary construction easement 10 feet in width shall be granted, adjacent, and parallel to the south side, with a variable width easement granted along the north side of the described perpetual easement for the entire length of said easement. The total area of the proposed temporary easement is 11,800 sq ft (0.27 acres). Said tract being a portion of the same property conveyed to ProRealEstate, LLC, a Kentucky limited liability company, by Deed dated October 30, 2020, in Deed Book 1420 Page 389 in the McCracken County Court Clerk's office. EXHIBIT C THE REAL PROPERTY OF THE OWNER The Real Property of the Owner is more particularly described as follows: Parcel 1 Being a 3.00 acre tract shown on the Waiver of Subdivision Plat of the Michael F. Gallagher Revocable Trust Property of record in Plat Section "L", page 1404, McCracken County Clerk's Office. Being the same property conveyed to ProRealEstate, LLC, a Kentucky limited liability company, by deed dated October 30, 2020, of record in Deed Book 1420, Page 392 of the McCracken County Court Clerk's Office. Parcel 2 Beginning at a concrete monument in the south right-of-way line of the Cairo Road, and also being 161.26 feet west of the Swanson Lane centerline, extended; running thence with the south right-of-way line of the Cairo Road South 69 degrees 23 minutes West 468.21 feet to a concrete monument; thence south 19 degrees 52 minutes east 166.43 feet to a concrete monument; thence south 7 degrees 08 minutes east 346.47 feet to a concrete monument; thence north 88 degrees 40 minutes east 579.67 feet to a concrete monument; thence north 20 degrees 17 minutes west 694.83 feet to the point of beginning. Said tract containing 6.93 acres (previously described as the John Griffin 6.65 acre tract in Plat Book "17", page 42 in the McCracken County Cleric's Office). It is understood that 25 x 35 foot cemetery is located on the above described property, and that said cemetery will remain in its present location forever. This property is also subject to an easement in favor of Mamie Stewart and the heirs of W. C. Griffin granted by the McCracken Circuit Court in Civil Action No. 88 -CI -141. Reference is made to said lawsuit regarding said easement. Being in all respects the same property conveyed to ProRealEstate, LLC, a Kentucky limited liability company, by deed dated October 30, 2020, of record in Deed Book 1420, Page 389 of the McCracken County Court Clerk's Office.