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HomeMy WebLinkAbout90-9-44941042 jk:08/24/90 ORDINANCE NO. 90- 9-4494 AN ORDINANCE PROVIDING FOR THE NEED FOR ACQUIRING A CERTAIN PERMANENT UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ACROSS THE PARCEL OF LAND BELONGING TO CHARLES R. MCCLURE AND VERA MCCLURE TO BE USED BY THE PADUCAH WATER WORKS COMMISSION TO LAY, MAINTAIN, REPAIR AND REMOVE A WATER MAIN AND PROVIDING AND AUTHORIZING THE CONDEMNATION OF SAME. WHEREAS, a certain permanent utility and a temporary construction easement across a parcel of land owned by Charles R. McClure and Vera McClure is necessary for the construction and maintenance of a water main by Paducah Water Works Commission; and WHEREAS, the Paducah Water Works Commission by resolu- tion dated August 22, 1990, has requested the institution of con- demnation 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 con- demned; 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; NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: SECTION I: That the corporate counsel of the City of Paducah, Kentucky be and is hereby ordered and directed to insti- tute 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 Charles R. McClure and Vera McClure, and all other parties at interest to acquire the necessary easement rights across the subject property owned by the aforesaid persons. SECTION II: 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 III: This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. GERRY B. MONTGOMERY, MAYOR Introduced by the Board of Commissioners on the 28th day of August , 1990. Adopted by the Board of Commissioners, Sept. ll , 1990. Recorded by Lenita Smith, City Clerk, on the 11 day of September , 1990. Published by The Paducah Sun on the day of September , 1990. 1043 DESCRIPTION OF TEN FOOT WIDE PERPETUAL UTILITY EASEMENT BEING A STRIP OF LAND TEN (10) FEET IN WIDTH LOCATED ADJACENT AND CONTIGUOUS TO THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH FRIENDSHIP ROAD,OR KENTUCKY HIGHWAY NO. 1286 AND THE EASTERLY RIGHT-OF-WAY LINE OF THE OLD NORTH FRIENDSHIP ROAD IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY, THE RIGHTS-OF-WAY LINES OF SAID ROADS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING WHERE THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SENECA LANE INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTH FRIENDSHIP ROAD; THENCE IN A WESTERLY DIRECTION ALONG AND WITH SAID NORTHERLY LINE, APPROXIMATELY 175 FEET, MORE OR LESS, TO THE BEGINNING OF,A CURVE THAT IS,CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC'OF SAID CURVE IN A WESTERLY DIRECTION .CURVING TO A NORTHERLY DIRECTION, APPROXIMATELY 31.0 FEET, MORE OR LESS, TO THE END OF SAID CURVE ON THE EASTERLY RIGHT-OF-WAY LINE OF THE OLD NORTH FRIENDSHIP ROAD; THENCE _IN,A NORTHERLY DIRECTION ALONG AND WITH SAID EASTERLY RIGHT=OF-WAY-LINE,_APPROXIMATELY 140 FEET,. MORE OR LES.S,'TO. THE SOUTHERLY LINE OF THE PROP IERTY DESCRIBED .IN DEED BOOK 657, PAGE 656 OF THE McCRACKEN-COUNTY COURT CLERKS OFFICE; SAID SOUTHERLY LINE BEING THE TERMINATING POINT'OF THE HEREIN DESCRIBED LINE AND EASEMENT. THE AFORESAID TEN FOOT WIDE STRIP CONTAINS APPROXIMATELY 6,250 SQUARE.FEET OR ABOUT 0..143 ACRE,- MORE OR LESS. DEED REFERENCES: DEE0'BOOK'2811, PAGE 79 AND DEED BOOK 393, PAGE 388. Exhibit "A" 1044 DESCRIPTION OF TEN FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEING A STRIP OF LAND TEN (10) FEET IN WIDTH, THE CENTER LINE OF WHICH BEING LOCATED FIFTEEN (15) FEET NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH FRIENDSHIP ROAD OR KENTUCKY HIGHWAY NO. 1286 AND FIFTEEN (15) FEET EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE OLD NORTH FRIENDSHIP ROAD IN THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY, SAID STRIP BEING BOUNDED BY A LINE FIVE (5) FEET TO THE LEFT AND FIVE (5) FEET TO THE RIGHT OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING WHERE A LINE 15.0 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTH FRIENDSHIP ROAD INTERSECTS THE WESTERLY LINE OF THE PROPERTY DESCRIBED IN DEED BOOK 387, PAGE 258 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE, SAID POINT OF INTERSECTION BEING LOCATED NEAR THE NORTHWESTERLY CORNER OF THE INTERSECTION OF SAID NORTH FRIENDSHIP ROAD AT SENECA LANE; THENCE IN A WESTERLY DIRECTION ALONG AND WITH A LINE 15.0 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ROAD, APPROXIMATELY 175 FEET, MORE OR LESS, TO THE BEGINNING r. OF A CURVE THAT IS CONCAVE TO THE NORTHEAST; THENCE ALONG THE ARC OF SAID CURVE PARALLEL WITH AND 15.0 FEET FROM THE AFORESAID RIGHT-OF-WAY LINE AND INIA, WESTERLY DIRECTION CURVING TO A NORTHERLY DIRECTION, APPROXIMATELY 290 FEET, MORE OR LESS, TO THE END OF SAID CURVE, 15.0 FEET EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE OLD NORTH FRIENDSHIP ROAD; THENCE IN A NORTHERLY DIRECTION ALONG AND WITH A LINE 15.0 FEET EAST OF AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE, APPROXIMATELY 140 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE PROPERTY DESCRIBED IN DEED BOOK 657, PAGE 656 OF THE AFORESAID CLERK'S OFFICE, SAID SOUTHERLY LINE BEING THE TERMINATING POINT OF THE HEREIN DESCRIBED LINE AND EASEMENT. THE AFORESAID TEN FOOT WIDE STRIP CONTAINS APPROXIMATELY 6,050 SQUARE FEET OR ABOUT 0.139 ACRE, MORE OR LESS. THE AFORESAID TEMPORARY EASEMENT SHALL BE RELEASED ENTIRELY UPON COMPLETION OF CONSTRUCTION AND CLEAN-UP FOR THE INSTALLATION OF THE PROPOSED WATER MAIN IMPROVEMENTS. DEED REFERENCES: DEED BOOK 284, PAGE 79 AND DEED BOOK 393, PAGE 388. i .s/ oma nio2Yf-/ �z�EN sfiiP 20�� H -z VON a w I