HomeMy WebLinkAbout2010-8-7735127864ver2clean
ORDINANCE NO. 2010-8-7735
AN ORDINANCE PROVIDING FOR THE NEED TO ACQUIRE FEE RIGHT
OF WAY AND PERMANENT EASEMENTS ACROSS PROPERTY BELONGING TO THE
/ KENTUCKY OAKS MALL COMPANY TO BE USED BY THE CITY OF PADUCAH,
KENTUCKY, FOR THE CONSTRUCTION OF A PUBLIC ROADWAY GENERALLY
KNOWN AS THE "ACCESS ROAD" TO BE CONSTRUCTED AS A PART OF THE
OLIVET CHURCH ROADWAY PROJECT; AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THE KENTUCKY OAKS MALL COMPANY REGARDING THE
CONSTRUCTION OF THE"ACCESS ROAD" FOR THE OLIVET CHURCH ROADWAY
PROJECT AND THE EXECUTION OF OTHER RELATED AGREEMENTS; AND
AUTHORIZING THE FINANCE DIRECTOR TO MAKE THE NECESSARY
EXPENDITURES THEREUNDER
WHEREAS, the City of Paducah, Kentucky (the "City") has previously
determined that in order to relieve traffic congestion and improve traffic safety for the
community and the traveling public within the Regional Retail Trade Center of Paducah,
McCracken County, Kentucky, the City must cause the construction of a new five -lane re-
alignment of Olivet Church Road (the "Access Road") that will extend from Olivet Church Road
south to the intersection of Holt Road and US Highway 60 (aka Hinkleville Road), which is a
part of the project known as the Olivet Church Road Improvement Project, (the "Public
Project"); and
WHEREAS, the City has further determined that it in order to accomplish the
Public Project it is necessary and desirable for the City to acquire through private agreement with
the Kentucky Oaks Mall Company, and in lieu of condemnation, fee right of way and permanent
drainage and utility easements necessary to construct "Access Road"; and
WHEREAS, in order to further the above described public purposes, it is
necessary and desirable that the City now authorize the Agreement regarding the "Access Road"
among the City and. the Kentucky Oaks Mall Company with respect to the Public Project and the
provision of $216,380.00 as compensation for fee right of way and permanent easements to be
acquired by the City.
NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky:
SECTION 1. Recitals and Authorization - Agreement. The City hereby approves
the Agreement Regarding the Access Road for the Olivet Church Road Improvement Project
among the City and the Kentucky Oaks Mall Company (the "Agreement") in substantially the
form attached hereto as Exhibit A and made part hereof. It is further determined that it is
necessary and desirable and in the best interest of the City to enter into the Agreement for the
purposes therein specified, and the execution and delivery of the Agreement is hereby authorized
and approved. The Mayor of the City is hereby authorized to execute the Agreement, together
with such other agreements, instruments or certifications which may be necessary to accomplish
the transaction contemplated by the Agreement, with such changes in the Agreement not
inconsistent with this Ordinance and not substantially adverse to the City as may be approved by
the Mayor executing the same on behalf of the City. The approval of such changes by the
Mayor, and that such are not substantially adverse to the City, shall be conclusively evidenced by
the execution of the Agreement by the Mayor.
SECTION 2. Recitals and Authorization — Deed of Conveyance, Permanent
Drainage, and Public Utility Easement. The City hereby approves the Deed of Conveyance,
Permanent Drainage, and Public Utility Easement among the City and the Kentucky Oaks Mall
Company (the "Deed") in substantially the form attached hereto as Exhibit B and made part
hereof. It is further determined that it is necessary and desirable and in the best interest of the
City to accept the Deed and to acquire the fee right of way and the permanent easements
specified therein for the total consideration of $216,380.00 and the execution and delivery of the
Deed is hereby authorized and approved. The Mayor of the City is hereby authorized to execute
the Deed, together with such other agreements, instruments or certifications which may be
necessary to accomplish the transaction contemplated by the Deed, with such changes in the
Deed not inconsistent with this Ordinance and not substantially adverse to the City as may be
approved by the Mayor executing the same on behalf of the City. The approval of such changes
by the Mayor, and that such are not substantially adverse to the City, shall be conclusively
evidenced by the execution of the Deed by the Mayor.
SECTION 3. Recitals and Authorization — Encroachment Agreement. The City
hereby approves the Encroachment Agreement regarding the encroachment of a commercial sign
within the Access Road among the City and the Kentucky Oaks Mall Company (the
"Encroachment") in substantially the form attached hereto as Exhibit C and made part hereof. It
is further determined that it is necessary and desirable and in the best interest of the City to enter
into the Encroachment for the purposes therein specified, and the execution and delivery of the
Encroachment is hereby authorized and approved. The Mayor of the City is hereby authorized to
execute the Encroachment, together with such other agreements, instruments or certifications
which may be necessary to accomplish the transaction contemplated by the Encroachment, with
such changes in the Encroachment not inconsistent with this Ordinance and not substantially
adverse to the City as may be approved by the Mayor executing the same on behalf of the City.
The approval of such changes by the Mayor, and that such are not substantially adverse to the
City, shall be conclusively evidenced by the execution of the Encroachment by the Mayor.
SECTION 4. Expenditure Authorization. The City further authorizes and directs
the Finance Director to issue payment to the Kentucky Oaks Mall Company in the amount of
$216,380.00 as compensation for the acquisition of the fee right of way and permanent
easements. The Finance Director is hereby authorized to make said expenditure from the Olivet
Church Road Project account ST0027.
SECTION 5. Severability. 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.
2
SECTION 6. Compliance With Open Meetings Laws. The 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. Conflicts. 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. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, August 24, 2010
Adopted by the Board of Commissioners, August 31, 2010
Recorded by Tammara S. Brock, City Clerk, August 31, 2010
Published by The Paducah Sun, September 6, 2010
\ord\eng\agree-deed-encroachment-mall rd-olivet ch imp project
556
Original Agreement R&F
9-28-10 . Exhibits
are attached to orig.
EXHIBIT A TO THE ORDINANCE
AGREEMENT REGARDING THE ACCESS ROAD FOR THE
OLIVET CHURCH ROAD IMPROVEMENT PROJECT
THIS AGREEMENT ("Agreement") is made and entered into and effective as
of the day of , 2010, and is between the CITY OF PADUCAH,
KENTUCKY, a Municipal Corporation of the Second Class, "CITY", having an address of 300
South 5th Street, P.O. Box 2267, Paducah, Kentucky 42002-2267 and KENTUCKY OAKS
MALL COMPANY, an Ohio Limited Partnership, by KOM Marion, LLC, a Delaware Limited
Liability Company, Managing General Partner, "KOM", having an address of 2445 Belmont
Avenue, P.O. Box 2186, Youngstown, Ohio 44504-0186.
WITNESSETH:
WHEREAS, in order to relieve traffic congestion and improve traffic safety for the
community and the traveling public within the Regional Retail Trade Center, the CITY will
administer the construction of a new five -lane re -alignment of Olivet Church Road from the end
of the existing five -lane section to the intersection of Holt Road and US Highway 60 (aka
Hinkleville Road) and widen the remaining portion of Olivet Church Road to three lanes from
US Highway 60, said project is known as the Olivet Church Road Improvement Project, "Road
Project"; and
WHEREAS, KOM owns and/or operates the Kentucky Oaks Mall and the Kentucky
Oaks Plaza shopping center complex in Paducah, Kentucky within the vicinity of the Regional
Retail Center; and
WHEREAS, a portion of the "Road Project" includes a new five lane Access Road that
will extend from the existing Olivet Church Road south to the intersection of Holt Road and US
Highway 60 (via properties owned by KOM, Sears, Pier 1 Imports, and various residential and
undeveloped parcels situated north of KOM and Sears properties), hereinafter referred to as the
"Access Road"; and
WHEREAS, in order to construct and maintain the "Access Road" portion of the "Road
Project" it is necessary for the CITY to acquire necessary right of way and easements from
KOM; and
WHEREAS, in lieu of condemnation of this property by the CITY, KOM has agreed to
convey the right of way and easements required for the "Access Road" to the CITY in
accordance with this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and -covenants contained
herein, the parties have entered into this Agreement as follows:
LETTER OF UNDERSTANDING DATED OCTOBER 5, 2006
On October 5, 2006, a Letter of Understanding, "LOU', was executed to confirm the terms
associated with the construction of the "Access Road" attached as EXHIBIT "A". KOM
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557
confirmed revisions to the LOU by correspondence from Richard T. Davis; Attorney -At -Law
dated July 30, 2009. This correspondence is attached as EXHIBIT "B". As of the date of this
newly adopted Agreement, the individual itemized terms of the LOU have been reaffirmed,
amended, and/or completed as follows:
Section #1 of LOU is hereby updated and reaffirmed. KOM agrees to convey to the
CITY fee simple title for all of the necessary right of way and public easements required
for the portion of the "Access Road" to be constructed on KOM property. A copy of the
draft Deed of Conveyance is attached as "EXHIBIT C". The CITY shall pay KOM to
acquire title to the required right of way and public easements in an amount equal to the
highest per square foot dollar amount paid to acquire right of way as needed for the
"Access Road" from properties owned by Sears, Roebuck and Co.; S&J Development;
Warehouse, Inc.; Higdon Development, Inc.; or F&E Properties, Inc.; with the exception
of the property owned by Edwin Carter Trust (aka Pier 1 Imports, Inc.) Based upon the
right of way acquired for the "Access Road" from the aforementioned property owners,
the CITY will pay KOM $2.09 per square foot of land for right of way acquisition and
$1.05 per square foot for the required public easement area. Additionally, the CITY will
pay KOM a $75,000 fee for the permitting reduction of reinforced concrete stormwater
pipe by approximately 400 linear feet.
2. Section #2 of LOU has been satisfied. The CITY has presented a full set of preliminary
construction plans for the "Access Road" area to KOM for review and approval. KOM
has given mutual approval of the "Access Road" plans by correspondence from
Ms. Allison N. Fee, P.E., KOM Senior Development Engineer, dated September 1, 2009.
This correspondence is attached as "EXHIBIT "D". CITY agrees that the "Access
Road" plans, intersections or access points along the "Access Road" may not
subsequently be changed except by agreement of CITY and KOM in writing.
3. Section #3 of the LOU is hereby reaffirmed. CITY acknowledges that roadway
construction in and around the "Access Road" will cause major traffic problems and
interfere with Mall activities. In recognition of the adverse impact and in an effort to
minimize same, CITY acknowledges that construction will be performed in such a
manner as to minimize disruption to the Mall merchants. CITY will include
construction -sequencing controls within the construction documents for the contractor to
adhere to in order to minimize traffic circulation disruption in the "Access Road" project
area. CITY also acknowledges that there will be no active construction during the peak
holiday shopping season between November 1" and January 15th of each year
construction remains ongoing, without the express written authorization of Mall.
Furthermore, CITY acknowledges that Mall will be given the opportunity to participate
in temporary construction re-routes or detours in order that the implementation thereof
will minimize the interference with Mall operations.
4. Section #4 of LOU has been satisfied. CITY acquired right of way from Sears, Roebuck
and Co., by Quitclaim Deed dated February 4, 2009, and recorded in Deed Book 1138
Page 277 in the McCracken County Court Clerks office.
Section 45 of the LOU is hereby reaffirmed. All roadway and utility improvements
associated with the "Access Road" that reside within properties acquired for public
rights-of-way and easements shall remain solely with the public agency responsible for
their maintenance and repair. The CITY, State, or other public agencies will be
responsible for all improvements on the right-of-way that become necessary with the
development of the proposed "Access Road", including, but not limited to: repairs,
maintenance and replacement as needed of roadway surfaces, parking islands, curbs and
gutters, storm sewers, traffic control and directional signs, light standards and utility
services.
6. Section #6 of the LOU is hereby reaffirmed. If, and to the maximum extent, the existing
invert elevation of the downstream 96" pipe arch structure will allow, CITY shall
provide, with the construction of the "Access Road", a storm water collection and
transmission system (System), separate and apart from Mall's system, to collect and
transport surface water runoff from the road surface directly to the drainage course
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9/9/2010
running along Mall's northwesterly property line. Furthermore, CITY shall provide
sufficient capacity in CITY'S System north of Mall's property to accept drainage from
the private properties located adjacent to the "Access Road"; and the discharge of this
drainage shall be in the water course situated along the northwesterly property line of
Mall located within the same watershed. This discharge shall be at one point of discharge
to the watercourse, and CITY shall maintain the point of discharge in the watercourse. It
is also understood that the runoff from all properties into CITY'S System shall be
regulated and controlled in accordance with CITY'S storm water management
ordinances. The Storm System constructed in conjunction with the "Access Road" shall
be completed in such a manner so as to maintain the existing capacity of the existing Mall
storm sewer system. In no event shall CITY allow there to be a net increase in flow into
the watercourse on Mall's property from either the "Access Road" or the private
properties. Furthermore, the CITY agrees that the Mall shall not be required to increase
the storm water detention capacity in connection with the potential construction of any
new buildings to be constructed upon Mall's property, unless said buildings are
constructed on the presently undeveloped Northeast portion of Mall's property
(approximately 5.2 acres), in which event detention for such new development shall be
required in accordance with CITY'S storm water management regulations.
7. Section #7 of the LOU is hereby updated and reaffirmed. CITY shall install a traffic
signal(s) if determined to be warranted by the proposed traffic study for the "Road
Project". CITY, its successors and assigns, shall be responsible for operation,
maintenance and power supply of any such signal(s).
8. Section #8 of the LOU is hereby updated and reaffirmed. CITY shall provide KOM a
waiver for existing building "Set -Back" requirements or other building or development
restrictions in the event the "Access Road" creates a violation associated with current or
future zoning restrictions. This waiver provision of the zoning requirements shall apply
to existing buildings owned by KOM, including the Kentucky Oaks Mall and the
Kentucky Oaks Plaza shopping center complex and shall not cause any structure, area, or
use at any time to be considered nonconforming. The waiver shall specifically identify
the purpose for the waiver. KOM shall be permitted to construct an addition to any such
building, provided said addition does not further encroach beyond the "Set -Back"
distance that is created by the "Access Road".
9. Section #9 of the LOU is hereby updated and reaffirmed. The preliminary Construction
Plans reviewed and accepted by KOM depicts the designed roadway to promote traffic
flow while restricting the number of curb cuts. The proposed curb cuts along the "Access
Road" have been designed at appropriate and agreed upon locations so as to minimize
traffic congestion along this portion of the "Access Road" and consist of curb cuts on the
northeast and southwest sides of the "Access Road" (aligned directly across from one
another), and said curb cuts shall lead to service drives on each side that will run
generally parallel to the Access Road. The CITY will not permit other curb cuts or
intersections on the aforesaid portion of the Access Road. Additionally, CITY shall not
permit any roadway connections (either public or private) from the Access Road, service
drives, or other roadways that may be connected to the Access Road or service drives to
the presently improved portions of the streets now named Concord Avenue, Fairlane
Avenue, or Kindred Avenue, or to any extensions to or replacements of said streets (it
being the intent of the parties that traffic from the Access Road, service drives therefore
[or other roadways that may be connected to the Access Road or service drives] shall not
be permitted to have vehicular accessibility to any portion of the property situated south
of the "red" line as marked on the Attachment of the LOU dated October 5, 2006.
10. Section #10 of the LOU is hereby updated and reaffirmed.
Stormwater Collection and Conveyance System
The CITY shall furnish and install a stormwater collection and conveyance system on
KOM property as shown on the attached EXHIBIT "E" and as follows:
a. A Stormwater Junction Chamber to be located at the confluence of the natural
drainage ways located approximately midway behind the Kentucky Oaks Plaza
Shopping Center Complex (David's Bridal, Old Navy, Linen's N Things Plaza).
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559
b. Pursuant to the U.S. Army Corps of Engineer's threshold of 300 linear feet of
stream enclosure, the CITY has requested that the previously proposed 700 linear
feet of stream enclosure and the associated improvements within this area located
on the KOM property be reduced to 300 linear feet. Therefore, the CITY shall
install approximately 300 linear feet of reinforced concrete stormwater pipe to
sufficiently enclose the stream under the proposed "Access Road" right of way
beginning approximately at the northwest corner of the Kentucky Oaks Plaza
shopping center complex. The pipe length will be sufficient enough to be outside
of the safe -clear zones on both sides of the "Access Road".
c. Two (2) headwalls to be installed at both ends of the proposed 300 linear foot
reinforced concrete stormwater pipe.
d. Installation of appropriate spillways and miscellaneous improvements necessary
for proper stormwater conveyance of the drainage way.
e. Obtain all permits required and associated with the construction of this
stormwater collection and conveyance system from the various local, state, and
federal governmental regulatory agencies.
Stormwater Drainage Easements
a. KOM shall grant all required Drainage Easements to CITY as may be required for
the construction, operation, and ongoing repair, maintenance and replacement of
said Stormwater Collection and Conveyance System installed.
b. CITY'S responsibilities relative to the Drainage Easement area shall include:
1. The Stormwater Junction Chamber area
2. The actual length of reinforced concrete stormwater pipe installed.
3. The remaining open portion of stream, including to the top of the
embankments, located between the Stormwater Junction Chamber and the
reinforced concrete stormwater pipe installed
Existing Stormwater Improvements
KOM shall continue to be responsible for the operation and maintenance of the
exiting corrugated metal pipe storm sewer system situated southwest from the
existing termination point of the KOM's 66" corrugated metal storm sewer pipe, as
well as the existing retention pond situated northeast of the easement area.
11. Section #11 of the LOU is hereby reaffirmed. All legal obligations assumed by CITY as
a result of this conveyance shall be specifically incorporated in, or referenced within, the
quitclaim deed provided in lieu of condemnation.
12. Section #12 of the LOU is hereby reaffirmed. CITY agrees to use its best efforts to
obtain approval of the Commonwealth of Kentucky regarding the intent and terms of the
Letter of Understanding and the Agreement.
13. Section #13 of the LOU is hereby amended and reaffirmed. The parties shall acknowledge
their intent to proceed with the "Access Road" under the terms of this Agreement.
PARKING AGREEMENT FOR KOM COMPLEX
Pursuant to previous agreements, the CITY and KOM have documented and agreed to the
computation of parking counts, the calculation of building square footages and the methods to be
utilized in determining the parking criteria and ratios at the "Kentucky Oaks Complex" to be
known as "the Complex". To supplement previous agreements and revise the parking counts in
accordance with the CITY'S revised Zoning Ordinance, the CITY and KOM wish to up -date the
Complex parking information and criteria, and therefore the parties agree to the following:
1. "The Complex" as used herein shall be defined as that property (and the buildings and
parking spaces which may from time -to -time exist thereon) as depicted on the drawing
attached to and made part of this Agreement as EXHIBIT "F".
2. "The Complex" shall be considered as one integrated project for the purposes of
computing parking counts, building square footages, and parking ratios, notwithstanding
the fact that some portions of the "the Complex" may be owned by third parties.
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On March 11, 2008, the CITY revised the City of Paducah's Zoning Ordinance by
reducing the parking requirements within shopping centers with 400,000+ Gross
Leasable Area "GLA" to one space per 250 square foot; which is 4 per 1,000 square foot
of GLA.
4. As of September 16, 2009: CITY and KOM acknowledge and agree to the following:
Parking as of September 16, 2009
5,462 parking spaces are available within the "the Complex"
- 4,529 parking spaces are required within the "the Complex"
933 parking spaces are in excess within the "the Complex"
Therefore, utilizing the current parking calculations of 4 spaces per 1,000 GLA, 233,250
square feet of additional GLA may be built utilizing the excess 933 parking spaces
within "the Complex" without additional parking requirements, as depicted by
correspondence from Mr. Steve Ervin, City of Paducah Director of Planning attached as
"EXHIBIT "G".
5. As of the date of this Agreement: Due to the construction of the "Access Road", CITY
acknowledges and KOM agrees that the available parking spaces will be altered within
"the Complex" as follows:
KOM "Complex" Parking Spaces — Construction of "Access Road"
Business
Gain
Loss
Net
Pier 1
0
3
-3
Old Navy
0
1
-1
Sears
88*
132
-44
KY Oaks Mall
0
12
-12
TOTALS
88
148
-60
*22 spaces of the total 88 spaces gained are actually located on KOM property and were
counted as being within the Sears parking area for acquisition of Sear's right of way.
With the construction of the "Access Road" 60 parking spaces will be eliminated within
"the Complex", and the CITY agrees it will recognize and credit to KOM the 60 lost
parking spaces for future development within the Complex as follows:
Revised Parking per this Agreement
5,462 parking spaces are available within "the Complex"
4,529 parking spaces are required within "the Complex"
933 parking spaces are in excess within "the Complex"
60 parking spaces lost due to the construction of the "Access Road"
Therefore:
993 Parking Spaces will be the "Revised Excess Parking Spaces" within "the
Complex" after Construction of the "Access Road"
Utilizing the current parking calculations of 4 spaces per 1,000 GLA, 248,250 square
feet of additional GLA may be built utilizing the excess 993 "Revised Excess
Parking Spaces" within "the Complex" without additional parking requirements
after construction of the "Access Road."
It should be noted that all parties understand that should a future building
expansion cause the loss of existing parking spaces, a reduction of the "Revised
Excess Parking Spaces" will be calculated utilizing two formulas:
1. A reduction to the "Revised Excess Parking Spaces" due to additional GLA of
the future building expansion,
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2. A reduction to the "Revised Excess Parking Spaces" due to the loss of the
existing parking spaces eliminated by the future building expansion.
6. All previous parking agreements and or understandings acknowledged in previous
agreements are hereby considered invalid and void due to this newly revised parking
agreement.
SIGN ENCROACHMENT AGREEMENT
Currently, an existing commercial sign owned by KOM is located on KOM private
property, which is adjacent to the KOM's West Access Road at the intersection of New Holt
Road and U.S. Highway 60 (Hinkleville Road). This particular property, where this existing
commercial sign is located, is a portion of right of way to be acquired by the CITY for the new
five -lane portion of the "Access Road". Subsequent to the CITY's acquisition of this right of
way per this Agreement, the existing commercial sign will then be located within CITY right of
way.
In consideration for the conveyance of the right of way and easements for the "Access
Road" per this Agreement, KOM has requested to retain ownership rights to this commercial
sign within the general vicinity of the current location, of which the CITY has agreed with
KOM's request. Therefore, the CITY has granted KOM an Encroachment Agreement for this
sign within the newly acquired right of way. The Encroachment Agreement is attached as
"EXHIBIT H". This Encroachment Agreement establishes a 4'x15' Encroachment Area to
allow the commercial sign to remain within the newly acquired right of way and allow KOM full
ownership and use of the sign. The CITY has agreed to move the commercial sign and all
related appurtenances and locate the sign within this Encroachment Area during construction of
the "Road Project".
FURTHER ACKNOWLEDGEMENTS
The CITY will be responsible at its expense for any necessary legal documents,
engineering, recording fees, surveying, platting, and the preparation of any and all necessary
documentation, which may be necessary for the consummation of this transaction.
Except for the obligations contained in this Agreement, the Deed, and any related
documents, each party hereby agrees to release the other party from any and all claims arising
out of this transaction. Any claims of negligence or other tortuous act or omission in connection
with the construction or maintenance of the road and related improvements shall not be deemed
to arise out of this transaction but shall be deemed to be separate from this transaction.
This Agreement (including the documents intended to be executed contemporaneously
with or subsequent to this Agreement as referred to in this Agreement) contains the complete
statement of the understanding of the parties with respect to the settlement of this transaction
regarding the "Access Road".
There are no other representations, agreements, warranties, or understandings, oral or
written or implied, made by the parties relating to the settlement that are not fully expressed in
this Agreement (including the documents intended to be executed contemporaneously with or
subsequent to this Agreement as referred to in this Agreement). Any other representations,
warranties, promises, conditions, inducements, or negotiations regarding the subject matter of
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this transaction, whether oral or written or implied, that are not specifically incorporated
elsewhere into this Agreement shall not be binding.
This Agreement shall not be amended or modified in any manner whatsoever except by a
writing signed by the party against whom the amendment or modification is sought to be
enforced or made binding.
IN WITNESS WHEREOF, the parties have signed and acknowledged that this
Agreement is effective the date set forth above.
CITY OF PADUCAH, KENTUCKY
A Municipal Corporation of the Second Class
LM
William F. Paxton III, Mayor
KENTUCKY OAKS MALL COMPANY
An Ohio Limited Partnership, by KOM Marion,
LLC,
A Delaware Limited Liability Company,
Managing General Partner
By:
Anthony M. Cafaro, Jr., Vice President
COMMONWEALTH OF KENTUCKY )
)SCT
COUNTY OF McCRACKEN )
I, the undersigned, a notary public in and for the state and county aforesaid, do certify
that the foregoing Agreement Regarding the Access Road for the Olivet Church Road
Improvement Project was produced to me in my state and county, and acknowledged and sworn
to before me by William F. Paxton, III, as Mayor of and on behalf of the City of Paducah,
Kentucky, on this day of 52010.
My Commission expires:
10
Notary Public/Commonwealth of Kentucky
SEAL
562
563
STATE OF OHIO )
) SCT
COUNTY OF MAHONING )
I, the undersigned, a notary public in and for the state and county aforesaid, do certify
that the foregoing Agreement Regarding the Access Road for the Olivet Church Road
Improvement Project was produced to me in my state and county, and acknowledged and sworn
to before me by Anthony M. Cafaro, Jr., as Vice President of the Managing General Partner of
Kentucky Oaks Mall Company, on this day of , 2010.
My Commission expires:
11
Notary Public/State of Ohio
SEAL
564
Recorded Deed R&F
9-28-10 . Maps
for reference are
attached to deed.
EXHIBIT B TO THE ORDINANCE
DEED OF CONVEYANCE
PERMANENT DRAINAGE and PUBLIC UTILITY EASEMENT
THIS DEED made and entered into this the day of , 2010, by and
between KENTUCKY OAKS MALL COMPANY, an Ohio Limited Partnership, by KOM Marion,
LLC, a Delaware Limited Liability Company, Managing General Partner, with a mailing address
of P. O. Box 2186, 2445 Belmont Avenue, Youngstown, Ohio, 44504-0186, "Grantor", and the
CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, with a mailing
address of P. O. Box 2267, 300 South 5th Street, Paducah, Kentucky, 42002-2267, which is also
the "in -care -of -address" to which the property tax bill for 2010 may be sent, "Grantee";
WITNESSETH:
That the Grantor, for and in consideration of $216,380.00 (Two Hundred Sixteen
Thousand Three Hundred Eighty Dollars and no cents) cash in hand, the receipt of which is
hereby acknowledged, and in conjunction with the considerations contained within the
"Agreement Regarding the Access Road for the Olivet Church Road Improvement Project"
executed on , 2010, has bargained and sold and does hereby sell, grant,
transfer, and convey to the Grantee, its successors and assigns forever, the following property
situated in McCracken County, Kentucky, and described as follows:
Being a portion of the Kentucky Oaks Mall property having an address of 5101 Hinkleville Road,
Paducah, Kentucky, and being more particularly described as follows:
RIGHT OF WAY PARCEL #5-A
Beginning at a point located 30.11 feet left of KY Hwy. 998 station 53+45.81; thence
South 71 degrees 15 minutes 41 seconds West a distance of 21.00 feet to a point, said
point being located 51.11 feet left of KY Hwy. 998 station 53+45.89; thence North 18
degrees 55 minutes 19 seconds West a distance of 232.92 feet to a point, said point
being located 43.00 feet left of KY Hwy. 998 station 55+88.78; thence 29.88 feet along
a curve to the left, said curve having a radius of 338.97 feet, a chord bearing of North
33 degrees 57 minutes 56 seconds West, and a chord length of 29.87 feet to a point,
said point being located 43.00 feet left of KY Hwy. 998 station 56+22.45; thence North
26 degrees 09 minutes 22 seconds East a distance of 10.95 feet to a point, said point
being located 33.24 feet left of KY Hwy. 998 station 56+27.96; thence North 18
degrees 55 minutes 19 seconds West a distance of 35.94 feet to a point, said point
being located 20.28 feet left of KY Hwy. 998 station 56+64.03; thence North 63
degrees 54 minutes 43 seconds West a distance of 156.59 feet to a point, said point
being located 62.65 feet left of KY Hwy. 998 station 58+17.05; thence North 33
degrees 59 minutes 02 seconds West a distance of 163.97 feet to a point, said point
being located 42.50 feet left of KY Hwy. 998 station 59+66.54; thence North 33
degrees 59 minutes 02 seconds West a distance of 458.97 feet to a point, said point
being located 46.53 feet left of KY Hwy. 998 station 64+25.47; thence North 56
degrees 31 minutes 12. seconds East a distance of 3.53 feet to a point, said point
being located 43.00 feet left of KY Hwy. 998 station 64+25.47; thence North 33
degrees 28 minutes 48 seconds West a distance of 95.16 feet to a point, said point
being located 43.00 feet left of KY Hwy. 998 station 65+20.63; thence North 21
degrees 32 minutes 06 seconds East a distance of 194.79 feet to a point, said point
being located 116.59 feet right of KY Hwy. 998 station 66+32.31; thence South 33
degrees 44 minutes 21 seconds East a distance of 60.00 feet to a point, said point
being located 116.86 feet right of KY Hwy. 998 station 65+72.31; thence South 56
12
565
degrees 15 minutes 39 seconds West a distance of 53.95 feet to a point, said point
being located 62.91 feet right of KY Hwy. 998 station 65+72.07; thence 31.33 feet
along a curve to the left, said curve having a radius of 20.00 feet, a chord bearing of
South 11 degrees 23 minutes 25 seconds West, and a chord length of 28.22 feet to a
point, said point being located 43.00 feet right of KY Hwy. 998 station 65+52.07;
thence South 33 degrees 28 minutes 48 seconds East a distance of 84.99 feet to a
point, said point being located 43.00 feet right of KY Hwy. 998 station 64+67.08;
thence South 23 degrees 00 minutes 58 seconds West a distance of 2.65 feet to a
point, said point being located 40.79 feet right of KY Hwy. 998 station 64+65.62;
thence 174.10 feet along a curve to the left, said curve having a radius of 175.00 feet,
a chord bearing of South 05 degrees 29 minutes 02 seconds East, and a chord length
of 167.01 feet to a point, said point being located 37.61 feet left of KY Hwy. 998 station
63+18.15; thence South 33 degrees 59 minutes 02 seconds East a distance of 481.67
feet to a point, said point being located 47.22 feet left of KY Hwy. 998 station
58+45.52; thence 138.63 feet along a curve to the left, said curve having a radius of
150.00 feet, a chord bearing of South 60 degrees 27 minutes 37 seconds East, and a
chord length of 133.75 feet to a point, said point being located 19.67 feet left of KY
Hwy. 998 station 57+17.23; thence 83.02 feet along a curve to the right, said curve
having a radius of 70.00 feet, a chord bearing of South 52 degrees 57 minutes 37
seconds East, and a chord length of 78.24 feet to a point, said point being located 8.28
feet left of KY Hwy. 998 station 56+37.31; thence South 18 degrees 59 minutes 02
seconds East a distance of 286.09 feet to the point of beginning.
The above-described parcel contains 0.6180 acres (26,920.58 sq. ft.), more or less.
RIGHT OF WAY PARCEL #5-B
Beginning at a point located 6.10 feet left of KY Hwy. 998 station 53+45.73; thence
North 18 degrees 59 minutes 01 seconds West a distance of 102.93 feet to a point,
said point being located 6.18 feet left of KY Hwy. 998 station 54+48.66; thence North
71 degrees 00 minutes 50 seconds East a distance of 10.00 feet to a point, said point
being located 3.82 feet right of KY Hwy. 998 station 54+48.67; thence North 18
degrees 59 minutes 02 seconds West a distance of 281.17 feet to a point, said point
being located 64.15 feet right of KY Hwy. 998 station 57+06.84; thence South 71
degrees 01 minutes 01 seconds West a distance of 21.42 feet to a point, said point
being located 45.61 feet right of KY Hwy. 998 station 57+17.58; thence 142.39 feet
along a curve to the right, said curve having a radius of 116.79 feet, a chord bearing of
North 74 degrees 03 minutes 33 seconds West, and a chord length of 133.73 feet to a
point, said point being located 11.55 feet left of KY Hwy. 998 station 58+38.25; thence
North 56 degrees 00 minutes 58 seconds East a distance of 55.98 feet to a point, said
point being located 43.00 feet right of KY Hwy. 998 station 58+25.30; thence 13.30 feet
along a curve to the left, said curve having a radius of 529.96 feet, a chord bearing of
South 48 degrees 21 minutes 01 seconds East, and a chord length of 13.30 feet to a
point, said point being located 43.00 feet right of KY Hwy. 998 station 58+10.93;
thence South 49 degrees 04 minutes 08 seconds East a distance of 85.11 feet to a
point, said point being located 43.00 feet right of KY Hwy. 998 station 57+25.82;
thence North 71 degrees 06 minutes 45 seconds East a distance of 104.95 feet to a
point, said point being located 134.80 feet right of KY Hwy. 998 station
56+81.71;thence South 18 degrees 53 minutes 17 seconds East a distance of 53.83
feet to a point, said point being located 113.13 feet right of KY Hwy. 998 station
56+44.48;thence South 26 degrees 09 minutes 28 seconds West a distance of 44.17
feet to a point, said point being located 73.16 feet right of KY Hwy. 998 station
56+29.37; thence South 18 degrees 50 minutes 32 seconds East a distance of 305.00
feet to a point, said point being located 48.89 feet right of KY Hwy. 998 station
53+45.53; thence South 71 degrees 15 minutes 41 seconds West a distance of 54.99
feet to the point of beginning.
The above-described parcel contains 0.5903 acres (25,713.60 sq. ft.), more or less.
RIGHT OF WAY PARCEL #8
Beginning at a point located 42.50 feet left of KY Hwy. 998 station 59+66.54; thence
South 56 degrees 09 minutes 23 seconds West a distance of 0.50 feet to a point, said
point being located 43.00 feet left of KY Hwy. 998 station 59+66.54; thence 0.29 feet
along a curve to the right, said curve having a radius of 615.96 feet, a chord bearing of
North 33 degrees 29 minutes 37 seconds West, and a chord length of 0.29 feet to a
point, said point being located 43.00 feet left of KY Hwy. 998 station 59+66.82; thence
North 33 degrees 28 minutes 48 seconds West a distance of 56.87 feet to a point, said
point being located 43.00 feet left of KY Hwy. 998 station 60+23.69; thence South 33
degrees 59 minutes 02 seconds East a distance of 57.17 feet to the point of beginning.
The above-described parcel contains 0.0003 acres (14.37 sq. ft.), more or less.
13
566
Being a portion of the property conveyed to the Grantor by Deed dated February 20,
1982, as recorded in Deed Book 643 Page 565 in the office of the County Clerk of
McCracken County, Kentucky.
Said property also being a portion of the property shown by the following plats of record:
Plat Section H Page 380
Plat Section H Page 419
Plat Section J Page 1214
Plat Section J Page 1230
Plat Section K Page 377
Plat Section K Page 761
All aforementioned plats being recorded in the office of the County Clerk of McCracken
County, Kentucky.
It is understood by the parties hereto and made a covenant herein that the above written parcels
described above are conveyed in fee simple.
The acquisition of the herein described right of way is for the purposes of the improvement of
the public roadway known as Olivet Church Road Improvement Project for the City of Paducah,
Kentucky. The plans for this roadway improvement are on file in the Engineering - Public Works
Department, City of Paducah, Kentucky.
In consideration of the aforementioned premises, Grantor also does hereby grant,
bargain, sell, transfer and convey unto Grantee, its successors and assigns, three Permanent
Drainage and Public Utility Easements, with the right to construct, install, and thereafter use,
operate, inspect, repair, maintain, replace and remove roadway drainage and public utility lines
with all rights in ingress, egress, and regress over and across real property owned by the
Grantor being a portion of the same previously described tract of land aforementioned in this
document. Said perpetual Permanent Drainage Easement and Public Utility Easements shall
be described as follows:
DRAINAGE and PUBLIC UTILITY EASEMENT PARCEL #5-A
Beginning at a point located 46.53 feet left of KY Hwy. 998 station 64+25.47; thence
along a property line, North 69 degrees 26 minutes 49 seconds West a distance of
77.46 feet to a point, said point being located 92.03 feet left of KY Hwy. 998 station
64+88.16; thence North 23 degrees 14 minutes 40 seconds East a distance of 50.74
feet to a point, said point being located 49.61 feet left of KY Hwy. 998 station
65+16.00; thence North 21 degrees 32 minutes 05 seconds East a distance of 8.07
feet to a point, said point being located 43.00 feet left of KY Hwy. 998 station
65+20.63; thence South 33 degrees 28 minutes 48 seconds East a distance of 95.16
feet to a point, said point being located 43.00 feet left of KY Hwy. 998 station
64+25.47; thence South 56 degrees 31 minutes 12 seconds West a distance of 3.53
feet to the point of beginning.
The above-described parcel contains 0.0560 acres (2,437.77 sq. ft.), more or less.
DRAINAGE and PUBLIC UTILITY EASEMENT PARCEL #5-B
Beginning at a point located 43.00 feet right of KY Hwy. 998 station 65+13.18; thence
North 24 degrees 29 minutes 40 seconds East a distance of 243.22 feet to a point,
said point being located 249.21 feet right of KY Hwy. 998 station 66+42.16; thence
North 65 degrees 30 minutes 20 seconds West a distance of 68.06 feet to a point, said
point being located 213.11 feet right of KY Hwy. 998 station 66+99.86; thence South
21 degrees 32 minutes 06 seconds West a distance of 117.82 feet to a point, said
point being located 116.59 feet right of KY Hwy. 998 station 66+32.31; thence South
33 degrees 44 minutes 21 seconds East a distance of 60.00 feet to a point, said point
being located 116.86 feet right of KY Hwy. 998 station 65+72.31; thence South 56
degrees 15 minutes 39 seconds West a distance of 53.95 feet to a point, said point
14
567
being located 62.91 feet right of KY Hwy. 998 station 65+72.07; thence 31.33 feet
along a curve to the left, said curve having a radius of 20.00 feet, a chord bearing of
South 11 degrees 23 minutes 25 seconds West, and a chord length of 28.22 feet to a
point, said point being located 43.00 feet right of KY Hwy. 998 station 65+52.07;
thence South 33 degrees 28 minutes 48 seconds East a distance of 38.89 feet to the
point of beginning.
The above-described parcel contains 0.2592 acres 11,290.56 sq. ft.), more or less.
DRAINAGE and PUBLIC UTILITY EASEMENT PARCEL #8
Beginning at a point located 46.40 feet left of KY Hwy. 998 station 64+10.37; thence
South 56 degrees 00 minutes 58 seconds West a distance of 92.50 feet to a point, said
point being located 138.90 feet left of KY Hwy. 998 station 64+09.56; thence South 23
degrees 14 minutes 40 seconds West a distance of 260.61 feet to a point, said point
being located 356.79 feet left of KY Hwy. 998 station 62+66.57; thence North 66
degrees 45 minutes 20 seconds West a distance of 40.00 feet to a point, said point
being located 378.73 feet left of KY Hwy. 998 station 63+00.01; thence North 23
degrees 14 minutes 40 seconds East a distance of 342.93 feet to a point, said point
being located 92.03 feet left of KY Hwy. 998 station 64+88.16; thence along a property
line, South 69 degrees 26 minutes 49 seconds East a distance of 77.46 feet to a point,
said point being located 46.53 feet left of KY Hwy. 998 station 64+25.47; thence South
33 degrees 59 minutes 02 seconds East a distance of 15.10 feet to a point, said point
being the point of beginning.
The above-described parcel contains 0.3679 acres 16,026.76 sq. ft.), more or less.
The grant of the aforementioned Permanent Drainage and Public Utility Easements is
subject to existing easements for roads and other utilities if any, and Grantee shall, at its
expense, repair all damage and surface damage including, but not limited to, settlement,
erosion, or washing to Grantor's property occasioned by the road construction, drainage
construction, and/or by the construction of the utility lines, mains, and appurtenances occurring
within one year of completion the construction referred to herein, including, but not limited to
grading, filling, leveling, sodding, and seeding as may be reasonably required in the sole
judgment of the Grantor.
TO HAVE AND TO HOLD said property, together with all improvements thereon and all
rights and appurtenances thereunto, unto the Grantee, its successors and assigns forever and
in fee, with all the rights and privileges thereunto belonging with covenants of General Warranty.
IN TESTIMONY WHEREOF the Grantor and Grantee, by signing this document on the
above given date, hereby acknowledge that the consideration stated hereinabove is the full
actual consideration for the transfer of the subject property. The Grantee joins this deed for the
sole purpose of certifying the consideration.
IN WITNESS WHEREOF, all of the parties to this deed of conveyance have hereunto
set their hands on this the date first above written.
15
GRANTOR:
KENTUCKY OAKS MALL COMPANY
An Ohio Limited Partnership by KOM Marion, LLC,
a Delaware Limited Liability Company,
Managing General Partner
By
Anthony M. Cafaro, Jr., Vice President
of Managing General Partner
GRANTEE:
CITY OF PADUCAH, KENTUCKY
A Municipal Corporation of the Second Class
By
STATE OF OHIO )
COUNTY OF MAHONING )
William F. Paxton III, Mayor
The foregoing instrument and consideration certificate were sworn to and acknowledged
before me this day of , 2010, by Anthony M. Cafaro, Jr., as Vice President
of the Managing General Partner of Kentucky Oaks Mall Company, Grantor
My Commission expires
Notary Public, State at Large
SEAL
COMMONWEALTH OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing consideration certificate was sworn to and acknowledged before me this
day of , 2010, by William F. Paxton III, Mayor of the City of Paducah,
Kentucky, Grantee.
My Commission expires
This instrument prepared by:
Dan Key, Assistant Corporation Counsel
City of Paducah
P. O. Box 2267
Paducah, Kentucky 42002-2267
16
Notary Public, State at Large
SEAL
M!
569
Recorded Encroachmnt
Agreement R&F
9-28-10 . Map
w/original.
EXHIBIT C TO THE ORDINANCE
ENCROACHMENT AGREEMENT
THIS AGREEMENT made and entered into on this the day of
2010 by and between the CITY OF PADUCAH, KENTUCKY, a
Municipal Corporation, duly organized and existing under the laws of the Commonwealth of
Kentucky, P. O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "Grantor",
and KENTUCKY OAKS MALL COMPANY, an Ohio Limited Partnership, having an address
of 2445 Belmont Avenue, P.O. Box 2186, Youngstown, Ohio 44504-0186, hereinafter referred
to as "Grantee";
WITNESSETH
WHEREAS, Grantee is the owner and operator of property with an address of 5101
Hinkleville Road known as the Kentucky Oaks Mall and Kentucky Oaks Plaza shopping center
complex, as conveyed by Deed dated February 20, 1982, recorded on February 23, 1982 in Deed
Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky, and
being situated in McCracken County, Paducah, Kentucky; and
WHEREAS, Grantor is the owner in fee simple of all necessary rights of way and public
easements of a portion of the new five -lane Access Road that will extend from the existing Olivet Church
Road south to the intersection of New Holt Road and U.S. Highway 60 (Hinkleville Road) as acquired for
the Olivet Church Road Improvement Project from the Grantee, conveyed by Deed dated
and recorded in Deed Book Page in the office of the County Clerk of
McCracken County, Kentucky. The plans for this roadway improvement project are on file in the
Engineering - Public Works Department, City of Paducah, Kentucky; and
WHEREAS, Grantee is desirous of encroaching upon and utilizing a portion of the
acquired right of way created by the new five -lane Access Road to allow an existing commercial
sign to be relocated within the area depicted in Appendix "A", attached hereto; and
WHEREAS, Grantor is desirous of permitting the aforesaid Encroachment by Grantee;
and
WHEREAS, Grantor, its successors and assigns, and Grantee, its successors and assigns,
have now entered into an agreement pertaining to the foregoing and do desire that same be set -
i
forth in writing and be made part of the public records of the City of Paducah, Kentucky, and
recorded in the office of the County Court Clerk of McCracken County, Kentucky and are
hereby designated as covenants running with Grantor's acquired right of way and Grantee's
property.
17
570
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties do
hereby covenant and agree as follows:
1. The Grantor hereby agrees to establish a 4' wide by 15' long Encroachment area
within said acquired right of way and allow the commercial sign owned by Grantee
to be located within the Encroachment area, hereinafter "Encroachment". Said
"Encroachment" is located along the "Access Road" right of way north of the
intersection of New Holt Road and U.S. Highway 60 (Hinkleville Road) and also
being located adjacent to Grantee's property located at the Kentucky Oaks Mall and
Kentucky Oaks Plaza shopping center complex. A depiction of the
"Encroachment" is attached hereto as Appendix "A".
2. It is expressly understood and agreed that Grantor shall, at its own expense, move and
relocate the sign and all related appurtenances associated with the "Encroachment",
in a westerly direction and adjacent to the Grantor's right of way line which is the
common property line with the General Mills Restaurants, Inc. property (aka Red
Lobster), said property bearing Parcel Tax ID Number 3-0807300-01 with an
address of 5151 Hinkleville Road. All appropriate permits will be obtained by the
Grantor prior to the relocation of the sign, from all required departments of the City
of Paducah, Kentucky.
3. It is expressly understood and agreed that the current City of Paducah's Zoning
Ordinance regulations regarding commercial signs shall remain in full force and
effect for this relocated sign. Specifically, Grantee may retain the current 2' x 6'
double faced sign panel until such time that it should decide to reutilize the sign to
its full capacity by installing a double faced sign of such size and height, which
maximum double face sign panel shall not exceed 300 square feet per face as
permitted by Grantor's current sign Ordinance regulations as of the date of this
Agreement. Notwithstanding the current sign regulations, Grantor waives any
violation regarding the seven foot (7') setback from the existing right-of-way, as
this "Encroachment" is located within the right of way acquired for the of the new
Olivet Church Road Improvement Project.
4. It is expressly understood and agreed by and between Grantee and Grantor, that
Grantor shall, at its own expense, repair any or all damage done within the right of
way occasioned by the relocation of the sign and facilities associated with the
"Encroachment" as may be reasonably required in the sole discretion of the City
Engineer.
5. Subsequent to the completion of the relocation of the sign by the Grantor, the Grantee
covenants that it shall at all times maintain the "Encroachment" area, sign, facilities,
and all related appurtenances located within the `Encroachment" area in good repair
and operating condition.
6. In the event Grantee, its successors and assigns, ceases to operate its commercial
business at this aforementioned location, the Grantee shall remove the sign, all
FRI
571
facilities and related appurtenances associated with the "Encroachment", and this
Encroachment Agreement shall at such time terminate.
7. In the event the sign, facilities and all related appurtenances associated with the
"Encroachment" are removed by the Grantee, then this Encroachment Agreement
shall at such time terminate.
8. It is expressly understood and agreed by and between Grantor and Grantee that the
Grantor's rights in and to the "Encroachment" and the surrounding area adjacent to
the "Encroachment" are superior and paramount to the right of the use of Grantee.
The Grantee shall in no way impair the right of Grantor to use the "Encroachment"
area and the right of way, to the extent that said use is not contrary to Grantee's sign
rights in accordance with this Agreement.
9. Grantee, its successors and assigns shall add the Grantor to its commercial general
and umbrella liability insurance policies covering the aforesaid property owned by
the Grantee (known as Kentucky Oaks Mall and Kentucky Oaks Plaza shopping
center complex), which certificate shall name the City of Paducah as an additional
insured in respect to the "Encroachment" for so long as the "Encroachment"
remains in place.
10. It is expressly understood and agreed that Grantee shall hereby fully release and
discharge Grantor from, and shall fully protect, indemnify, and keep and save
Grantor harmless from any and all liability, costs, damages and expenses, including
reasonable attorney fees, incident to injury (including injury resulting in death) of
persons, or damage to or destruction of property arising out of or in any way
connected with the sign, facilities and all related appurtenances within the
"Encroachment" area granted herein by Grantee or Grantee's employees, invitees,
licensees, or customers, whether by omission or commission.
11. The covenants, terms, conditions, and obligations set forth herein and contained in
this agreement shall be binding upon and inure to the benefit of Grantor and
Grantee, their successors and assigns and be deemed as covenants running with
Grantor's acquired right of way and Grantee's property.
12. Grantee expressly understands and agrees that it may not convey any interest, right,
or title in and to the "Encroachment" or this Agreement without the prior written
consent from the City Engineer.
IN WITNESS WHEREOF, the parties hereto have set their hands on this date first above
written.
19
GRANTOR:
THE CITY OF PADUCAH
William F. Paxton III, Mayor
GRANTEE:
KENTUCKY OAKS MALL COMPANY,
An Ohio Limited Partnership, by KOM Marion,
LLC, a Delaware Limited Liability Company,
Managing general partner
II
Anthony M. Cafaro, Jr.
Vice -President
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn and acknowledged before me on this day
of 2010, by William Paxton III, Mayor of the City of Paducah, Kentucky,
Grantor.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
SEAL
STATE OF OHIO )
COUNTY OF MAHONING )
The foregoing instrument was sworn and acknowledged before me on this day
of , 2010, by Anthony M. Cafaro, Jr. as Vice -President of the managing general
partner of Kentucky Oaks Mall Company, Grantee.
My commission expires
Prepared by:
Dan Key, Assistant Corporation Counsel
City of Paducah
P. O. Box 2267
Paducah, Kentucky 42002-2267
20
NOTARY PUBLIC, STATE OF OHIO
SEAL
572