HomeMy WebLinkAbout2009-12-7644119093
ORDINANCE NO. 2009-12-7644
AN ORDINANCE AUTHORIZING AND APPROVING THE
PURCHASE OF 164.7482 ACRES OF REAL PROPERTY
LOCATED AT 1105 SHEEHAN BRIDGE ROAD, PADUCAH,
McCRACKEN COUNTY, KENTUCKY, FROM L. WAYNE
LINDSEY AND WIFE, LINDA LINDSEY, FOR THE
DEVELOPMENT OF A PUBLIC PROJECT
WHEREAS, the Board of Commissioners of the City of Paducah has determined that it is
necessary, appropriate, or in the best interest of the City to purchase the real property located at 1105 Sheehan
Bridge Road, Paducah, McCracken county, Kentucky which is more particularly described on Exhibit "A,"
attached hereto (the "Property"), for purposes of the development of a public sports complex (the "Public
Project"); and
WHEREAS, the Board of Commissioners of the City of Paducah has reached an agreement for
the purchase of the Property with L. Wayne Lindsey and wife, Linda Lindsey, (the "Lindsey") for the purchase
price of Nine Hundred Thousand Dollars ($900,000.00); and
WHEREAS, the Board of Commissioners of the City of Paducah concur and find that the
purchase of the Property for the purchase price of Nine Hundred Thousand Dollars ($900,000.00) is in the best
interest of the City.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners of the City of Paducah hereby approves and
consents to the purchase and acquisition of the Property from Lindsey, for the purchase price of Nine
Hundred Thousand Dollars ($900,000.00). It is hereby found and determined that the acquisition is public
property to be used for the public purposes of the City. It is further determined that the Mayor, on behalf
of the City of Paducah, Kentucky, is hereby authorized to execute the general warranty deed, promissory
note, mortgage agreement and any other documents necessary to accomplish and consummate the purchase
and acquisition of the Property from Lindsey in accordance with this Ordinance.
SECTION 2. That the Board of Commissioners of the City of Paducah further authorizes the
purchase of the Property for the purchase price of $900,000, plus accrued interest which shall be paid as follows:
(a) the sum of Three Hundred Thousand Dollars ($300,000.00) in cash or cash equivalent
shall be paid to Lindsey at time of closing; and
(b) the balance of the purchase price, the sum of Six Hundred Thousand Dollars
($600,000.00), plus accrued interest on said sum at the rate of two percent (2%) per annum to be paid to Lindsey
within twelve (12) months of closing, which balance shall be secured with a first mortgage lien against the Property
in favor of Lindsey; and
SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in
Section 2 from project account PA0085
SECTION 4. Corporate Counsel is hereby authorized to conduct such due diligence and
investigation as it deems necessary and in the best interest of the City. Further Corporate Counsel is
authorized to prepare the general warranty deed, promissory note, mortgage agreement and any other
documents necessary to accomplish and consummate the purchase and acquisition of the Property from
Lindsey in accordance with this Ordinance.
SECTION 5. If any section, paragraph or provision of this Ordinance shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not
affect any of the remaining provisions of this Ordinance.
SECTION 6. This City Commission hereby finds and determines that all formal actions relative to
the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the
public, in full compliance with applicable legal requirements.
SECTION 7. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of
this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail
and be given effect.
SECTION 8. This ordinance shall be read on two separate days and will become effective upon
summary publicationpursuant to KRS Chapter 4?d
ATTEST:
City Clerk
Introduced by the Board of Commissioners, December 8, 2009.
Adopted by the Board of Commissioners, December 15, 2009.
Recorded by City Clerk, December 15, 2009.
Published by The Paducah Sun, December 18, 2009.
\ord\parks\prop-sports complex
2
Gerald M. Kight
EXHIBIT A
Tract Description of the
L. Wayne & Linda Lindsey Property
on the North Side of Sheehan Bridge Road
A parcel of land located on the southern side of Interstate Highway
24, on the easterly side of Clarks River, and on the north side of
Sheehan Bridge Road, McCracken County, Kentucky, and being more
particularly described as follows:
Beginning at a concrete monument set 25 feet north of the centerline
of the Sheehan Bridge Road at a corner common to the lands now or
formerly owned by Betty Jo Holmes and Brenda Black as described in
Deed Book 1053 Page 166 of the records of the McCracken County Court
Clerk, said beginning concrete monument located approximately 1626.9
feet southwesterly along the Sheehan Bridge Road from the crossing
with the centerline of Interstate Highway 24, said beginning concrete
monument having Kentucky State Plane South Zone coordinates of North
1,893,863.0 and East 823,742.7;
Thence, from the point of beginning and with a line 25 feet north of
the centerline of the Sheehan Bridge Road, South 850 39' 14" West a
distance of 250.83 feet to an iron pin set;
Thence, continuing with a line 25 feet north of the centerline of the
Sheehan Bridge Road, South 830 58' 08" West a distance of 438.07 feet
to an iron pin set;
Thence, continuing with a line 25 feet north of the centerline of the
Sheehan Bridge Road, 259.13 feet along an arc to the left to an iron
pin set, said arc having a radius of 325.00 feet, said arc being
subtended by a chord of which is South 610 07' 38" West a distance of
252.32 feet;,
Thence, continuing with a line 25 feet north of the centerline of the
Sheehan Bridge Road, South 380 17' 08" West a distance of 306.61 feet
to an iron pin set;
Thence, continuing with a line 25 feet north of the centerline of the
Sheehan Bridge Road, 177.64 feet along an arc to the right to an iron
pin set, said arc having a radius of 150.00 feet, said arc being
subtended by a chord of which is South 720 12' 43" West a distance of
167.44 feet;
Thence, continuing with a line 25 feet north of the centerline of the
Sheehan Bridge Road, North 730 51' 41" West a distance of 510.85 feet
to a point in the northern right of way line of Sheehan Bridge Road;
Thence, with the northern right of way line of the Sheehan Bridge
Road, North 560 23' 38" West a distance of 116.60 feet to an iron pin
set;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, North 740 52' 18" West a distance of 153.12 feet to an
iron pin set;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, 561.06 feet along an arc to the left to an iron pin set,
said arc having a radius of 1492.39 feet, said arc being subtended by
a chord of which is
North 870 37' 53" West, 557.76 feet;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, South 790 36' 31" West a distance of 153.12 feet to an
iron pin set;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, South 780 35' 54" West a distance of 508.04 feet to an
iron pin set;
3
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, South 890 18' 03" West a distance of 148.09 feet to an
iron pin set;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, 948.82 feet along an arc to the right to an iron pin set,
said arc having a radius of 1347.39 feet, said arc being subtended by
a chord of which is North 780 13' 41" West a distance of 929.34 feet;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, North 560 02' 21" West a distance of 145.53 feet to an
iron pin set;
Thence, continuing with the northern right of way line of the Sheehan
Bridge Road, North 490 53' 22" West a distance of 310.83 feet to a
point in the center of Clarks River at a corner common to the lands
now or formerly owned by Fred McIntosh as described in Deed Book 1085
Page 167 of the records of the McCracken County Court Clerk;
Thence, with chords subtending the meanders of the center of Clarks
River in a northeasterly direction, as follows:
North 600 51' 19" East a distance of 155.33 feet to a point;
North 750 07' 53" East a distance of 516.05 feet to a point;
North 680 12' 00" East a distance of 230.86 feet to a point;
North 550 59' 04" East a distance of 220.02 feet to a point;
North 510 09' 01" East a distance of 267.94 feet to a point;
North 440 43' 55" East a distance of 375.16 feet to a point;
North 370 51' 51" East a distance of 1401.29 feet to a point; and
North 390 21' 23" East a distance of 392.21 feet to a point in the
southerly right of way line of Interstate Highway 24;
Thence, with the southerly right of way line of Interstate Highway 24,
South 560 10' 18" East a distance of 368.17 feet to a found concrete
right of way monument;
Thence, continuing with the southerly right of way line of Interstate
Highway 24, South 660 16' 44" East a distance of 210.00 feet to a
found concrete right of way monument;
Thence, continuing with the southerly right of way line of Interstate
Highway 24, South 590 14' 34" East a distance of 1391.94 feet to an
iron pin set;
Thence, continuing with the southerly right of way line of Interstate
Highway 24, South 500 25' 47" East a distance of 261.08 feet to an
iron pin set;
Thence, continuing with the southerly right of way line of Interstate
Highway 24, South 590 14' 34" East a distance of 8.98 feet to an iron
pin set at a corner common to the aforementioned lands now or formerly
owned by Betty Jo Holmes and Brenda Black;
Thence, with a line common to the said lands now or formerly owned by
Betty Jo Holmes and Brenda Black, South 40 35' 28" East a distance of
1229.91 feet back to the point of beginning.
The above described parcel encompasses 164.5260 acres, there is
however included in the property 0.2222 acres in an additional 5 foot
wide strip of land approximately 1943 feet long located along the
northern side of the eastern end of Sheehan Bridge Road for a total
this survey of 164.7482 acres more or less, being in all a portion of
the same property conveyed to L. Wayne Lindsey and wife Linda Lindsey
from Doris Brown by the deed dated September 13, 1993 and recorded in
Deed Book 797 Page 305 of the records of the McCracken County Court
Clerk.
All bearings referred to in the above description are based on the
Kentucky State Plane South Zone (NAD 1983).
All iron pins referred to as set in the above description are 18" long
1/z" ribbed steel rebar with a 1 %" aluminum cap marked "F&H Engineers
0
LS.2547". All concrete monuments referred to as set are 4" diameter x
36" long poured concrete in a PVC tube with the same iron pin and cap
imbedded and formed into the monument. All points referred to as set
were placed June 4, 2008.
Prepared by and in accordance with a survey performed under the
supervision of:
Gerald M. Kight
Ky. Licensed Prof. Surveyor 2547
Florence & Hutcheson, Inc.
2550 Irvin Cobb Drive
Paducah, Ky. 42003
Gerald M. Kight
Date
119130
9