HomeMy WebLinkAbout90-12-454946'y 7
ORDINANCE NO. 90 -12 -
ORDINANCE PROVIDING FOR THE NEED FOR
ACQUIRING A CERTAIN PERMANENT EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT ACROSS THE
PARCEL OF REAL PROPERTY BELONGING TO DAVID
R. SPEARS AND WIFE, SHIRLEY M. SPEARS, AND IRIS
C. BRELIN, TO BE USED BY THE CITY OF PADUCAH,
KENTUCKY, TO LAY, MAINTAIN, REPAIR AND
REMOVE A GRAVITY SANITARY SEWER AND
AUTHORIZING THE CONDEMNATION OF SAME.
WHEREAS, a certain permanent utility and a permanent access
easement across a parcel of real property owned by David R. Spears and wife,
Shirley M. Spears, and Iris C. Brelin, is necessary for the construction and
maintenance of a gravity 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 an easement across the herein
i described real property pursuant to the Kentucky Revised Statutes;
NOW, THEREFORE, be it ordained by the City of Paducah,
Kentucky:
SECTION ONE
That the corporate 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
David R. Spears and wife, Shirley M. Spears, and Iris C. Brelin, and all other
parties at interest to acquire the necessary easement rights across the subject
property owned by the aforesaid persons.
SECTION TWO
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 THREE
In order to expedite the construction of the aforesaid sewer project,
an emergency is hereby declared to exist and this ordinance shall become
effective with one reading.
L, -3, a", �"
GE Y B. M T ERY, MAYOR
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Introduced and adopted by the Board of Commissioners on the // day of
_, 1990.
Recorded by Lenita Smith, City Clerk, on the// day of LAId/I , 1990.
Published by the Paducah Sun on the l_7 day of /O�v , 1990.
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Being a 20 foot strip jf- land along the south property line of the
grantor's tract, said tract running N7902510711E and parallel with a
sanitary sewer, a distance of 135 feet as indicated on the
attached drawing.
a temporary
construction easement more particularly described being a 10 foot strip
of land, along and parallel to the north side of the permanent sanitary
sewer easement as indicated on the attached drawing, with the right to
use same for all purposes necessary, proper and convenient in the
construction of a gravity sanitary sewer. This temporary construction
easement shall be in force during the construction period of the utility
and at the completion of the utility, said temporary easement shall
terminate and the land shall revert to the owner and all interest
conveyed herein shall cease.
Being a part of the same property conveyed to the Grantor by deed
dated September 19, 1990 and recorded in Deed Book 746, Page 576,
` in the McCracken County Court Clerk's Office.
EXHIBIT "A"
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PERMA�11=t1TSEM�NT33
T�MPoR14�ZY EA'S�ME.Nr
PADUCAH RIGGING. INC.
D.B. 583 PG. 96
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DDESTON H. F. SPEARS, ETAL.
•78 PG. 645 D.B. 601 PG. 639 I
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