HomeMy WebLinkAbout2010-8-7727ORDINANCE NO. 2010-8-7727
AN ORDINANCE AUTHORIZING AND APPROVING THE DONATION
OF TRACT I CONSISTING OF 0.0954 ACRES AND TRACT II CONSISTING OF 0.0095
ACRES OF REAL PROPERTY LOCATED AT 2601 N. 10th STREET, PADUCAH,
McCRACKEN COUNTY, KENTUCKY, AND THE ACQUISITION OF A TEMPORARY
CONSTRUCTION EASEMENT AND A PERPETUAL ACCESS AND MAINTENANCE
EASEMENT FROM F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA
BOATWRIGHT, 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 acquire the real property located at 2601 N.
10th Street, Paducah, McCracken County, Kentucky which is more particularly described on Exhibit
"A," attached hereto (the "Property"), together with a temporary construction easement and perpetual
access and maintenance easement more particularly described on Exhibit `B", attached hereto (the
"Easements"), for purposes of the development of the Greenway Trail (the "Public Project"); and
WHEREAS, the Board of Commissioners of the City of Paducah has reached an
agreement for the donation of the Property from F. Michael Boatwright and wife, Iva Kaloia Boatwright,
(the "Boatwrights"), the Property having an estimated fair market value of Two Thousand Dollars
($2,000.00); and
WHEREAS, the Board of Commissioners of the City of Paducah has further reached an
agreement with the Boatwrights for the purchase of the Easements for and in consideration of the
amount of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00); and
WHEREAS, the Board of Commissioners of the City of Paducah concur and find that
the donation of the Property and the acquisition of the Easements for the consideration amount of Ten
Thousand Seven Hundred Fifty Dollars ($10,750.00) 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 donation of the Property and the acquisition of the Easements from
the Boatwrights for the consideration amount of Ten Thousand Seven Hundred.Fifty Dollars
($10,750.00). 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, the deeds of
easement, and any other documents necessary to accomplish and consummate the donation of the
Property and the acquisition of the Easements from the Boatwrights in accordance with this
Ordinance.
SECTION 2. The Finance Director is hereby authorized to make said expenditure
approved in Section 1 from project account PA0078.
SECTION 3. 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, the deeds of easement, and
any other documents necessary to accomplish and consummate the purchase and acquisition of
the Property and Easements from the Boatwrights in accordance with this Ordinance.
SECTION 4. 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 5. 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 6. 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 7. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to
ATTEST:
Sa
City Clerk
Introduced by the Board of Commissioners, July 27, 2010.
Adopted by the Board of Commissioners, August 10, 2010.
Recorded by City Clerk, August 10, 2010
Published by The Paducah Sun, August 16 , 2010
\ord\parks\prop-gw trail 2601 N 10th
E
EXHIBIT "A"
TRACT I
BEING A CERTAIN TRACT OF LAND CONTAINING 0.0954 +/-
ACRES SUBDIVIDED FROM ORIGINAL TRACT II AS SET FORTH
ON THE WAIVER OF SUBDIVISION OF TRACTS II AND III OF
THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT
PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE
AND HUTCHESON, INC., DATED SEPTEMBER 17, 2009, OF
RECORD IN PLAT SECTION , PAGE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
i
TRACT II
BEING A CERTAIN TRACT OF LAND CONTAINING 0.0095 +/-
ACRES SUBDIVIDED FROM ORIGINAL TRACT III AS SET FORTH
ON THE WAIVER OF SUBDIVISION OF TRACTS II AND III OF
THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT
PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE
AND HUTCHESON, INC., DATED SEPTEMBER 17, 2009, OF
RECORD IN PLAT SECTION , PAGE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
BEING A PART OF THE SAME PROPERTY CONVEYED TO F.
MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, BY
DEED DATED FEBRUARY 19, 1981, OF RECORD IN DEED BOOK
635, PAGE 346, MCCRACKEN COUNTY COURT CLERK'S OFFICE.
3
126068.doc
EXHIBIT "B"
PERPETUAL ACCESS AND MAINTENANCE EASEMENT
A PERMANENT 20 FOOT WIDE ACCESS AND MAINTENANCE
EASEMENT RUNNING ALONG, ACROSS AND THROUGH
ORIGINAL TRACTS II AND III AS SET FORTH ON THE
WAIVER OF SUBDIVISION OF TRACTS II AND III OF THE
F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT
PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY
FLORENCE AND HUTCHESON, INC., DATED SEPTEMBER 17,
2009, OF RECORD IN PLAT SECTION , PAGE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
BEING A PART OF THE SAME PROPERTY CONVEYED TO F.
MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA
BOATWRIGHT, BY DEED DATED FEBRUARY 19, 1981, OF
RECORD IN DEED BOOK 635, PAGE 346, MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
TEMPORARY CONSTRUCTION EASEMENT
BEING THAT CERTAIN TEMPORARY CONSTRUCTION
EASEMENT CONTAINING 0.7481+/- ACRES AS SET FORTH
ON THE TEMPORARY CONSTRUCTION EASEMENT DRAWING OF
THE F. MICHAEL BOATWRIGHT AND IVA KALOIA
BOATWRIGHT PROPERTY FOR THE CITY OF PADUCAH,
PREPARED BY FLORENCE AND HUTCHESON, INC., AND
DATED JUNE 30, 2010, ATTACHED HERETO AND MADE A
PART HEREOF AS APPENDIX "A".
BEING A PART OF THE SAME PROPERTY CONVEYED TO F.
MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA
BOATWRIGHT, BY DEED DATED FEBRUARY 19, 1981, OF
RECORD IN DEED BOOK 635, PAGE 346, MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
El