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HomeMy WebLinkAbout92-5-4770515 ORDINANCE NO. 92-5-4770 AN ORDINANCE PROVIDING FOR NEED OF ACQUIRING A PERMANENT ACCESS EASEMENT ACROSS THE PARCEL OF EAL PROPERTY BELONGING TO IRIS COLLEEN (CAIN) BRELIN; JESSE KENNETH SPEARS AND GENIE SPEARS; GEORGIA EILEEN DUNCAN AND ROY DAND YD NC N;THE DAVID R. SPEARS AND SHIRLEY M. SPEARS TO BE U SED CITY OF PADUCAH TO SERVE, REPAIR AND MAINTAIN A LIFT STATION, AND Q AUTHORIZING THE CONDEMNATION OF SAME WHEREAS, there is presently located upon the real property of Iris Colleen (Cain) Brelin; Jesse Kenneth Spears and Genie Spears; Georgia Eileen Duncan and Roy Duncan; and David R. Spears and Shirley M. Spears a city sanitation sewage line and lift station, which line and lift station are presently located upon such property pursuant to a sanitary sewer easement accorded to the City of Paducah dated the 22nd day of January, 1991, or record in Deed Book 760, page 280, McCracken County Clerk's Office; and WHEREAS, it is necessary for the City to have daily access to the aforesaid lift station to enable the City to J service, maintain and repair said lift station, and therefore it is necessary for the City to construct a gravel access road upon the property of Iris Colleen (Cain) Brelin; Jesse Kenneth Spears and Genie Spears; Georgia Eileen Duncan and Roy Duncan; and David R. Spears and Shirley M. Spears to provide for such access; and WHEREAS, the above-described easement heretofore accorded to the City of Paducah is not sufficient to allow the City to construct such an access road, and therefore an access road easement is necessary; and WHEREAS, the City of Paducah has been unable to contract or agree with the owners thereof for the acquisition of such access road easement; and WHEREAS, since the City of Paducah is unable to contract or agree for such acquisition, it is now necessary that the City of Paducah condemn same; and WHEREAS, the Board of Commissioners of the City of Paducah do hereby authorize the condemnation of an access road easement upon, on and across the herein -described real prop- erty, which condemnation shall be brought pursuant to KRS Chapter 416. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The corporation counsel of the City of Paducah, Kentucky be, and is hereby authorized and directed to institute condemnation proceedings in the McCracken Circuit Court in the name of the City of Paducah, Kentucky, against Iris Colleen (Cain) Brelin; Jesse Kenneth Spears and Genie ._._.. _. .._.. 516 Spears; Georgia Eileen Duncan and 'Roy Duncan; and David R. Spears and Shirley M. Spears, and all other parties of interest, to acquire the necessary easement rights across the herein -described real property for the purpose of constructing and maintaining an access road to its lift station and for the purpose of providing the City of Paducah access over and upon said access road. SECTION 2. The access easement sought to be acquired is located in McCracken County, Kentucky, and is more particularly described as follows: Beginning at the grantor's southeast property corner, said point being 70 feet left of the Cairo Road (Ky 305) centerline station 29+04.88; thence along said right of way with the arc of a curve concave to the south and having a radius of 5,070 feet, a chord length of 26.39 feet and a bearing on the chord of south 77 degrees 34 minutes 43 seconds west, a distance of 26.39 feet to a point in grantor's west line, said point also being 70 feet left of centerline station 28+78.49; thence along grantor's west property line north 18 degrees 40 minutes 53 seconds west a distance of 15.09 feet to a point; thence with the arc of a curve concave to the south and having a radius of 5,085 feet, a chord length of 26.39 feet and a bearing on the chord of north 77 degrees 33 minutes 37 seconds east, a distance of 26.39 feet to a point on the grantor's east line; thence along the grantor's east line south 18 degrees 40 minutes 52 seconds east a distance of 15.09 feet to the point of beginning. Said access easement contains 395.8'square feet. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 42A. GE B. MONT O RY Mayor Introduced by the Board of Commissioners May 12, 1992 Adopted by the Board of Commissioners May 26, 1992 Recorded by Lenita Smith, City Clerk, May 26, 1992 Published by The Paducah Sun May 25, 1992. o rd / condemn 1