HomeMy WebLinkAbout96-9-5562ORDINANCE NO. 96 -9 -
AN ORDINANCE ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING A
PERMANENT SANITARY SEWER EASEMENT ACROSS A PARCEL OF REAL PROPERTY
BELONGING TO ELVA CARRUTHERS, TYREE (AKA) TORRIE CARRUTHERS, LOUISE
CARRUTHERS HUBBARD AND HUSBAND, CLARENCE HUBBARD, BILLY CARRUTHERS
AND WIFE, ANDREA CARRUTHERS, OCIE LONG, FANNIE WIMS AND HUSBAND,
THEODORE WIMS, ELSIE ROWLETT, FRED C. BROWN AND WIFE, LOUELMA BROWN,
STANLEY P. BROWN, ROGER K. BROWN, CHARLOTTE CONNER, AND HUSBAND,
ALTON CONNER, BESSIE L. SIMS AND HUSBAND, JAMES SIMS, ROSE CARRUTHERS,
THEIR UNKNOWN SPOUSES, HEIRS, DEVISEES, LEGATEES, DISTRIBUTEES, AND
SUCCESSORS, AND THE UNKNOWN HEIRS, DEVISEES, LEGATEES AND DISTRIBUTEES
OF FENDOL CARRUTHERS AND GENERAL CARRUTHERS AND THEIR CONSORTS, TO
BE USED BY THE CITY OF PADUCAH, KENTUCKY, TO ERECT, CONSTRUCT, INSTALL
AND LAY AND THEREAFTER USE, OPERATE, INSPECT, REPAIR, MAINTAIN, REPLACE
AND REMOVE A SANITARY SEWER AND AUTHORIZING THE CONDEMNATION OF
SAME
WHEREAS, a certain permanent sanitary sewer easement across a parcel of real
property owned by Elva Carruthers, Tyree (aka Tome) Carruthers, Lousie Carruthers Hubbard and
husband, Clarence Hubbard, Billy Carruthers and wife, Andrea Carruthers, Ocie Long, Fannie Wims
and husband, Theodore Wims, Elsie Rowlett, Fred C. Brown and wife Louelma Brown, Stanley P.
Brown, Roger K. Brown, Charlotte Conner, and husband, Alton Conner, Bessie L. Sims and husband,
James Sims, Rose Carruthers, their unknown spouses, heirs, devisees, legatees, distributees, and
successors, and the unknown heirs, devisees, legatees and distributees of Fendol Carruthers and
General Carruthers and their consorts, is necessary for the construction and maintenance of a sanitary
sewer by the City of Paducah, Kentucky; and
WHEREAS, the following described real property is needed by the City of Paducah,
Kentucky, in furtherance of the public purpose of the City of Paducah to provide a clean and sanitary
sewage disposal system; and
WHEREAS, the City of Paducah, Kentucky, has been unable to contract or agree with
the owners thereof for the acquisition or purchase of the real property sought to be condemned; and
WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, do hereby
authorize the condemnation of said easements across the herein described real property pursuant to the
Kentucky Revised Statutes.
r BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the corporation counsel of the City of Paducah, Kentucky, be and is
hereby ordered and directed to institute condemnation proceedings in the McCracken Circuit Court in
the name of the City of Paducah, Kentucky, against Elva Carruthers, Tyree (aka Tome) Carruthers,
Lousie Carruthers Hubbard and husband, Clarence Hubbard, Billy Carruthers and wife, Andrea
Carruthers, Ocie Long, Fannie Wims and husband, Theodore Wims, Elsie Rowlett, Fred C. Brown and
wife Louelma Brown, Stanley P. Brown, Roger K. Brown, Charlotte Conner, and husband, Alton
r,.—
Conner, Bessie L. Sims and husband, James Sims, Rose Carruthers, their unknown spouses, heirs,
devisees, legatees, distributees, and successors, and the unknown heirs, devisees, legatees and
distributees of Fendol Carruthers and General Carruthers and their consorts, at interest to acquire the
necessary easement across the subject property owned by the aforesaid individuals.
SECTION 2. That the permanent easement to be acquired is in McCracken County,
Kentucky, and is more particularly described as follows:
Said perpetual sanitary sewer easement shall be described as follows:
Beginning where the northerly line of the aforesaid Goodman property intersects the
westerly line of lot number 11, block number 1, of Primrose Place Subdivision, Unit 11,
said lot and subdivision being as shown by plat of record in plat section "G" at page
392 of the McCracken County Court Clerk's office, said lot being presently owned by
Fredrick W. Erdmann and wife, Jayne C. Erdmann as indicated by deed recorded in
Deed Book 688, page 538 of the aforesaid clerk's office, said point of intersection also
being the southeasterly comer of another tract of land presently owned by Deborah
Alston Edmonds and husband, Eddie Edmonds, as indicated by deed recorded in
Deed Book 832 at page 742 of the aforesaid clerk's office; thence from said point of
beginning in a southerly direction with the westerly line of said lot number 11, a
distance of 28.11 feet to the intersection with the northerly right-of-way line of Hill
Terrace at the westerly end of said street right -of -way and then continuing with said
course and additional 55.68 feet for a total distance of 83.79 feet as measured from
the point of beginning to the point of intersection with the southerly right-of-way line of
Hill Terrace, said point also being the northwesterly comer of lot number 1 of block
number 2 of Primrose Place Subdivision, Unit Il, aforesaid; thence leaving said
westerly line and running in a westerly direction with an angle of 90-00'-00" turned to
the left from the preceeding westerly boundary line, 40.00 feet onto the aforesaid
Goodman property; thence in a northerly direction with an angle of 90-00'-00" turned
to the left from the last preceeding line 89.56 feet to the northerly line of the aforesaid
Goodman property and the southerly line of the aforesaid Edmonds property; thence
in an easterly direction with an angle of 81-47'-00" turned to the left from the
preceeding line and running with the southerly line of said Edmonds property, 40.41
feet to the point of beginning the herein described property, the first and last
boundaries as described herein forming an interior angle of 98-13'-00".
The aforesaid easement contains 3,467 square feet or 0.080 acres.
Being a part of the same property conveyed to the Grantor(s) by deed dated June 10,
1987, of record in Deed Book 702, Page 38, in the McCracken County Court Clerk's
office.
SECTION 3. In order to expedite the construction of the aforesaid sewer extension, an
emergency is hereby declared to exist and this ordinance shall become effective with one reading.
SECTION 4. This ordinance shall be published pursuant to KRS Chapter 424.
� --- Y. V00
ATTEST:
Smith, C' Clerk
Introduced by the Board of Commissioners, August 27, 1996
Adopted by the Board of Commissioners, September, 1996
Recorded by Lenita Smith, City Cler � September _�L , 1996
Published by The Paducah Sun. ep. 9{ ✓� 9� _
\winword\ordinanc\dees\hillterr