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HomeMy WebLinkAbout96-6-5511ORDINANCE NO. 96-6- SS- / / AN ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING CERTAIN PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ACROSS A PARCEL OF LAND BELONGING TO MID SOUTH MAUSOLEUMS, INC., TO BE USED BY THE PADUCAH WATER WORKS COMMISSION TO LAY, MAINTAIN, AND REPAIR A WATER MAIN AND PROVIDING AND AUTHORIZING THE CONDEMNATION OF SAME WHEREAS, certain permanent utility easements and temporary construction easements across a parcel of land owned by Mid South Mausoleums, Inc., is necessary for the construction and maintenance of a water main by Paducah Water Works Commission; and WHEREAS, the Paducah Water Works Commission by resolution dated April 24, 1996, has requested the institution of condemnation proceedings on its behalf, and WHEREAS, the Paducah Water Works Commission has been unable to contract or agree with the owners thereof for the acquisition or purchase of the real estate sought to be condemned; and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky do therefore agree with the request of the Paducah Water Works Commission that it will be necessary to institute condemnation proceedings pursuant to the Kentucky Revised Statutes to acquire the aforesaid easements across said property. 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 for the use and benefit of the Paducah Water Works Commission against Mid South Mausoleums, Inc., and all other parties at interest to acquire the necessary easement rights across the subject property owned by the aforesaid corporation. SECTION 2. That the easement to be acquired is in McCracken County, Kentucky, and is more particularly described on Exhibit "A", which is attached hereto and made a part hereof. SECTION 3. This ordinance shall be read on two separate days and will become effective upon publication pursuant to KRS Chapter 424. ATTEST: C 12ta Smith, CityL� Jerk Introduced by the Board of Commissioners, June 11, 1996 Adopted by the Board of Commissioners June 25, 1996 Recorded by Lenita Smith, City Clerk, June 25, 1996 Published by The Paducah Sun, f " � 594 595 EXHIBIT A 15' CONSTRUCTION EASEMENT ACROSS MID SOUTH MAUSOLEUMS PROPERTY NORTH OF KENTUCKY HIGHWAY 1286 A strip of land being 15 feet in width along the North side of the Relocated North Friendship Road, adjacent to a 5 foot permanent utility easement, Lone Oak, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a point in the West right of way line of the Old North Friendship Road, said point being located North 66°01112" East a distance of 7.67 feet from an iron pin found at the intersection of the said West right of way line of the Old North Friendship Road and the North right of way line of Relocated North Friendship Road (Ky. Hwy. 1286); thence, from the point of beginning with a line 5 feet North of and parallel to the North right of way line of Kentucky Highway 1286, North 73°18'16" West a distance of 361.32 feet to a point; thence, with a 1397.39 foot radius curve to the right, an arc distance of 0.65 feet to a point in a division line of the Mid South Mausoleums property as shown on the plat of record in Plat Section "K", Page 331, said arc subtended by a chord bearing of North 73°17'28" West and a chord distance of 0.65 feet; thence, continuing with the 1397.39 foot radius curve to the right, an arc distance of 495.58 feet to a point, said arc subtended by a chord bearing of North 63°07'05" West and a chord distance of 492.98 feet; thence, North 37°02'30" East a distance of 15.0 feet to a point; thence, with a 1382.39 foot radius curve to the left and a line 20 feet North f of and parallel to the North right of way line of Kentucky Highway 1286, an arc distance of 488.31 feet to a point, said arc subtended by a chord bearing of South 63°04'40" East and a chord distance of 485.77 feet; thence, continuing with the 1382.39 foot radius curve to the left, an arc distance of 2.59 feet to a point, said arc subtended by a chord bearing of South 73115'03" East and a chord distance of 2.59 feet; thence, South 73°18'16" East a distance of 378.78 feet to a point in the West right of way line of the Old Friendship Road; thence, with the said West right of way line, South 66°01'12" West a distance of 23.01 feet back to the point of beginning and containing 12,954 square feet. 15' PERMANENT UTILITY EASEMENT ACROSS MID SOUTH MAUSOLEUMS PROPERTY SOUTH OF KENTUCKY HIGHWAY 1286 A strip of land being 15 feet in width extending from the South right of way line of the Relocated North Friendship Road to the South property line of the Mid South Mausoleums property, Lone Oak, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a point in the South property line of the Mid South Mausoleums property, said point being located North 87°44'40" East a distance of 221.96 feet from the Southwest corner of the Mid South Mausoleums property as shown on the plat of record in Plat Section "G", Page 180; thence, from the point of beginning, North 9°44'50" East a distance of 107.71 feet to a point; thence, North 36030158" East a distance of 34.49 feet to a point in the South right of way line of the Relocated North Friendship Road (Ky. Hwy. 1286); thence, with the said South right of way line and a 1462.39 foot radius curve to the left, an arc distance of 15.00 feet to a point, said arc subtended by a chord bearing of South 53029'02" East and a chord distance of 15.00 feet; thence, South 36°30'58" West a distance 596 of 30.92 feet to a point; thence, South 9°44'50" West a distance of 100.96 feet to a point in the South property line of the Mid South Mausoleums property; thence, with the said South property line, South 87°44'40" West a distance of 15.34 feet back to the point of beginning and containing 2,055 square feet. 5' PERMANENT UTILITY EASEMENT ACROSS MID SOUTH MAUSOLEUMS PROPERTY NORTH OF KENTUCKY HIGHWAY 1286 A strip of land being 5 feet in width along the North right of way line of the Relocated North Friendship Road, Lone Oak, McCracken County, Kentucky, and being more particularly described as follows: Beginning at an iron pin found at the intersection of the North right of way line of the Relocated North Friendship Road (Ky. Hwy. 1286) and the West right of way line of the Old North Friendship Road; thence, from the point of beginning and with the North right of way line of Kentucky Highway 1286, North 73'18'16" West a distance of 355.50 feet to an iron pin; thence, continuing with the said North right of way line and a 1402.39 foot radius curve to the right, an arc distance of 498.00 feet to a point, said arc subtended by a chord bearing of North 63°07'53" West and a chord distance of 495.39 feet; thence, leaving the said North right of way line, North 37°02'30" East a distance of 5.00 feet to a point; thence, with a line parallel to the said North right of way line and a 1397.39 foot radius curve to the left, an arc distance of 495.58 feet to a point in a division line of the Mid South Mausoleums property as shown on the plat of record in Plat Section "K", Page 331, said arc subtended by a chord bearing of South 6300705" East and a chord distance of 492.98 feet; thence, continuing with a line parallel to the said North right of way line of Kentucky Highway 1286 and a 1397.39 foot radius curve to the left an arc distance of 0.65 feet to a point, said arc subtended by a chord bearing of South 7301728" East and a chord distance of 0.65 feet; thence, continuing with a line parallel to the North right of way line, South 73018116" East a distance of 361.32 feet to a point in the West right of way line of the Old North Friendship Road; thence, with the said West right of way line, South 66°01'12" West a distance of 7.67 feet back to the point of beginning and containing a total of 4,278 square feet. CONSTRUCTION EASEMENTS ACROSS MID SOUTH MAUSOLEUMS PROPERTY SOUTH OF KENTUCKY HIGHWAY 1286 Two strips of land being 5 feet in width, one on each side of a 15 foot permanent utility easement, extending from the South right of way line of the Relocated North Friendship Road to the South property line of the Mid South Mausoleums property, Lone Oak, McCracken County, Kentucky, and being more particularly described as follows: WESTERN 5' CONSTRUCTION EASEMENT Beginning at a point in the South property line of the Mid South Mausoleums property, said point being located North 87°44'40" East a distance of 216.85 feet from the Southwest corner of the Mid South Mausoleums property as shown on the plat of record in Plat Section "G", Page 180; thence, from the point of beginning, North 9044'50" East a distance of 109.97 feet to a point; thence, North 36030'58" East a distance of 35.71 feet to a point in the South right of way line of the Relocated North Friendship Road (Ky. Hwy. 1286); thence, with the said South right of way line and a 1462.39 foot radius curve to the left, an arc distance of 5.00 feet to a point, said arc subtended by a chord bearing of South 53°05'31" East and a chord distance of 5.00 feet; thence, South 36°30'58" West a distance of 34.49 feet to a point; thence, South 9°44'50" West a distance of 107.71 feet to a point in the South property line of the Mid South Mausoleums property; thence, with the said South property line, South 87°44'40" West a distance of 5.11 feet back to the point of beginning and containing 720 square feet. EASTERN 5' CONSTRUCTION EASEMENT Beginning at a point in the South property line of the Mid South Mausoleums property, said point beinglocated North 87°44'40" East a distance of 237.30 feet from the Southwest corner of the Mid South Mausoleums property as shown on the plat of record in Plat Section "G", Page 180; thence, from the point of beginning, North 9044'50" East a distance of 100.96 feet to a point; thence, North 36°30'58" East a distance of 30.92 feet to a point in the South right of way line of the Relocated North Friendship Road (Ky. Hwy. 1286); thence, with the said South right of way line and a 1462.39 foot radius curve to the left, an arc distance of 5.00 feet to a point, said arc subtended by a chord bearing of South 53052'32" East and a chord distance of 5.00 feet; thence, South 36°30'58" West a distance of 29.76 feet to a point; thence, South 9°44'50" West a distance of 98.70 feet to a point in the South property line of the Mid South Mausoleums property; thence, with the said South property line, South 87°44'40" West a distance of 5.11 feet back to the point of beginning and containing 651 square feet. 597