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HomeMy WebLinkAbout94-10-520849 ORDINANCE NO. 94-10- J'-'A�V1 AN ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING A TEMPORARY CONSTRUCTION EASEMENT ACROSS A PARCEL OF REAL PROPERTY OWNED BY JAMES POWELL FOR THE PURPOSES OF THE RECONSTRUCTION, ALTERATION, RELOCATION AND IMPROVEMENT OF A PERMANENT PUBLIC ROADWAY KNOWN AS THE KENTUCKY AVENUE RELOCATION PROJECT, AND AUTHORIZING THE CONDEMNATION OF SAME WHEREAS, it is in the public interest and a necessity for the City of Paducah, Kentucky, to acquire a temporary construction easement across a parcel of real property owned by James Powell, consisting of .012 acres, for the reconstruction, alteration, relocation and improvement of a permanent public roadway known as the Kentucky Avenue Relocation Project, which extends from South Twenty-third Street to South Twenty-eighth Street; and WHEREAS, it is in the public interest and necessity for the City of Paducah, Kentucky, to acquire a temporary construction easement across the real property owned by James Powell, for purposes of the construction and maintenance of all utilities by the City of Paducah, Kentucky, to be retained until completion of project; and WHEREAS, the City of Paducah, Kentucky, has been unable to contract or agree with the owner thereof for the granting of a temporary construction easement sought to be condemned; and WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, pursuant to the Kentucky Revised Statutes, does hereby authorize the condemnation of the herein described temporary construction easement for purposes of the reconstruction, alteration, relocation, and improvement of the public roadway known as the Kentucky Avenue Relocation Project, all of said property being owned by James Powell. 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 James Powell, and all other parties at interest, to acquire the temporary construction easement to be retained until completion of the Kentucky Avenue Relocation Project, across the subject property owned by the aforesaid person. SECTION 2. That the temporary construction easement to be acquired is in McCracken County, Kentucky, and is more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT Beginning at an iron pin at the Northwest corner of the herein described parcel in 50 the existing South right of way line of Washington Street, said point being located 33.00 feet right of Kentucky Avenue Relocation station 16+51.90; thence, with the existing South right of way line of Washington Street, North 62 degrees 45 minutes 43 seconds East, 50.53 feet to an iron pin at the Northeast corner of the herein described parcel, said point being located 33.00 feet right of Kentucky Avenue Relocation station 17+02.43; thence, with the East property line, South 27 degrees 11 minutes 12 seconds East, 10.00 feet to a point 43.00 feet right of Kentucky Avenue Relocation station 17+02.42; thence South 62 degrees 45 minutes 43 seconds West, 50.53 feet to a point in the West property line of the herein described parcel, said point being located 43.00 feet right of Kentucky Avenue Relocation station 16+51.90; thence, with the West property line, North 27 degrees 12 minutes 12 seconds West, 10.00 feet to the point of beginning. The above described parcel contains 0.012 acres (505 sq.ft.). Being part of the same property conveyed to the Grantor from Kenneth Scott & wife Tina L. Scott & Michael D. McDaniels (single) & Cindy McDaniels (single),. dated 29 April 1994, as recorded in Deed Book 810, Page 378, in the McCracken County Court Clerk's Office. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: enita Smith, City Clerk Introduced by the Board of Commissioners October 11, 1994 Adopted by the Board of Commissioners October 18, 1994 Recorded by Lenita Smith, City Clerk, October 18, 1994 Published by The Paducah Sun, . o;LQ-, 9;2� \dw5\ord\condemn 4-5 0 PRE