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HomeMy WebLinkAboutMO # 2073210457 MUNICIPAL ORDER NO. 2073 A MUNICIPAL ORDER DECLARING MUNICIPALLY OWNED REAL PROPERTY SURPLUS AND AUTHORIZING THAT SUCH PROPERTY BE SOLD AT PUBLIC AUCTION WHEREAS, the City of Paducah owns certain real property locate near the intersection of Old Mayfield Road and Houser Road, which property is owned by the City for the use and benefit of the Commissioners of Water Works d/b/a Paducah Water; and WHEREAS, the subject property is located in McCracken County, Kentucky and is more particularly described in the Deed of Conveyance attached hereto as,Exhibit A, (the "Property"); and WHEREAS, the Property was originally acquired from the Hendron Water District in 2012 upon the transfer and assignment of the District's water distribution system to the Commissioners of Water Works for the City of Paducah, Kentucky, doing business under the assumed name of Paducah Water ("Paducah Water"); and WHEREAS, the Property is vacant, undeveloped land and Paducah Water has no need, currently or in the future, to utilize the Property in its water distribution system; and WHEREAS, by Resolution adopted by Paducah Water on January 31, 2018, a true copy is attached hereto as Exhibit B, Paducah Water determined that the Property was no longer necessary, appropriate, or in the best interests of the operations of Paducah Water, and therefore deemed and declared the Property surplus; and WHEREAS, Paducah Work now desires to sell the surplus property at public auction in accordance with the advertising requirements of KRS 424.130; and NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. Recitals and Authorizations. The Board of Commissioners hereby declares the Property to be surplus property as it relates to the operations of Paducah Water. Section 2. Recitals and Authorizations. The Board of Commissioners further declares that the Property should be sold by public auction in accordance with the advertising requirements of KRS 424.130. Section 3. Severability. If any section, paragraph or provision of this Order 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 Order. Section 4. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of the 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. 221 Section 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. Section 6. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. MAYOR BRANDI HARiISS ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, February 27, 2018. Recorded by Tammara S. Sanderson, City Clerk, February 27, 2018 \mo\PWW-hendron well property — Old Mayfield Rd & Houser Rd 222 Exhibit A THE PROPERTY Being approximately 60 acres of land conveyed to the Commissioners of Water Works for the City of Paducah, Kentucky, doing business under the assumed name of Paducah Water, a municipal corporation, by deed dated July 18, 2012, and recorded in Deed Book 1234, page 467, in the McCracken County Court Clerk's office. Said properly is more particularly as follows: EXHIBIT A PARCEL r TRACT I Beginning at the Northwest corner at a rock in the old Mayfield Road, 1. pole south of Lockwood's corner, and on the south side of a road left For Munnier Heirs; the with the south side of said road North 87 _.de.gree.s_,Eas_t..9.8_4-poles-to-a -cock--on sout;f .... - . road in li.tie with Mrs. Clorise Gray; thence with Mrs. Cray's line South 4 degrees. East 40 1/5 poLes to a rock i'ri said line; thence on a new line South 60 degrees West 41 1/4 poles to a rock in Paducah and Mayfield Road; thence with the mvanderings of said road North 43 degrees west 38 1/5 poles; thence North 38 degrees west 6 1/S poles; thence with the Old Mayfield Road North 53 degrees West 35 1/5 poles to the beginning, containing 20 acres, according to a survey made by S. S. Wrenn, surveyor of McCracken County, on December 11, 19Q5. This conveyance is subject to the rights of McCracken county in and to a narrow strip running through said land, for the purpose of making a ditch for drainage purposes which rights were established by an Agreement dated June 15, L904, of record in Deed Book 70, page 292, McCracken County Court Clerk's oEfice. Less however, the f.ol.lowing tracts: A parcel 75 feet by 700 feet conveyed to Barney Purcell by Deed dated April 8, 1960, of record in Deed Book 414, page 596, a parcel of property conveyed to James T. Ward and his wife, Carolyn A_ Ward, by Dead dated March 1, 1966, of record in Deed nook 476, page .366, and a parcel of property conveyed to H_ S. Shaffer, and his wife, Ethel May Shaffer, by Deed dated July 7, 1952, of record in Deed Hook 331 page 147, all in the McCracken County Court Clerk's office. TRACT 2; Beginning at the Northeast corner at a stake in center of Pool Road, corner to Mrs. Pepper; thence with the line of Mrs. Gray and Mrs. Green South 4 degrees East 116 poles 6 links to a stake in Meunier Creek, corner to Tom Moss in Mrs. Green's Line; thence with the line Of Tom Moss South 87 degrees west 34 4/5 poles to' a stake, corner to Moss; thence with Moss' line South 3 degrees East 38 1/5 poles to a stake in Moss' line, corner to Mrs. Gray; thence with the line of Mrs. Gray South 87 degrees West 57 4/5 poles to an iron stake, corner to Mrs. Gray; thence with Mrs. Gray's line north 38 L/2 degrees East 19 4/5 poles to a stake near the ford 32 Links North of a black locust, corner to Mrs. Cray: thence with the line of Mrs_ Cray North 71 1/2 degrees East 13 3/5 po Les to a stake in creek, corner to Mrs. Cray, 10 links North of a sycamore; thence North 4 degrees West 142 poles to a stake in center of Pool Road, corner to Mrs. Pepper; thence with the Road East 67 poles and 6 links to the beginning, allowing for a road 20 feet wide on East side of said property. Also the following: Beginning at the Northeast corner of a small tract at a rock corner of Tom Moss' line; thence with Moses.' line North 87 degrees East 16 1/2 feet to a stake in said Moss' line; thence South 5 degrees 2 minutes West 33 feet to a stake; thence South 5 degrees a minutes West 1104 feet to a stake in the North side of Paducah and Maytie.ld Foail; t,l�t,r.ncrs North '50" clacgi=rcii: West 465 feet to a st. ke, corner to Mrs. Gray; thence with said Mrs. Gray's line North 3 degrees West- 880 feet to a stake, another corner to Mrs_ Gray, thence with the Gray line North 87 degrees Hast 563 feet to the point of beginning, containing 12.3 acres, allowing for a road 16 feet wide on East side of said property. Less, however, the following tracts. . 6 acres sold to Thomas A_ Stewart and his wife, Shirly Ann Stewart, by Deed dated March 22, L95G, recorded in Deed Book' 372, page So' 12.3 acres sold to Homer Heflin by Deed dated June 3, 1950; recorded in Deed Book 303, page 142, 20 223 acressold to U. L. Beasley by bead dated March 14, 1946, recorded in Deed Book 250, page 367, and a strip of land adjoining the property conveyed to W. L. Beasley, whicfr strip was sold to J. T. Hartford and his wife, Kathleen Hartford, by Deed dated August 25, 1965, recordedin Deed Book 469, page 607, all in the McCracken County Court Clerk's office. TRACT 3; Beginning at an Iron pipe, corner to Massey and being the Northwest corner of the property herein conveyed; •thence North 87 degrees 06 minutes East 528.1 feet to n iron pipe; thence on a new line in a Southerly direction, making an interior angle of 99 degrees 52 minutes, a distance of 1140.4 feet to a point in the center of a creek; thence on a new line in a Westerly direction and Eol_L dri ng Lhc meanders of said creek G44 f -e et;thence on line North 2 degrec< 30 minutcs west 914.1 Eeet. to annlcun pipe thence on a 1 La Sn a Northerly di r.cction making an interior c�a ng Y.e of 17'1, degraces 40 urJnu r.as, 400 feetr ;;he poinC of beginning, aunlcaining 16 acro., mor!:'. Lena:, by r•. ctual .. ur vcy or Eln:or Y. Hol.I I. Jr dated t:hn 9th day of March, 1952. TRACT 4: Four acres off the north end of the thirty acre tract formerly owned by G. T. Moss and described as follows. Beginning at a stake in the center of a ditch which connects with Island Creak, at the intersection of the West Line of the G. T. Moss property with the center of said ditch; and running thence North 5 degrees West 246 eat to a stake on the Northwest corner of the G. T. Moss to thence North 73 degrees East 583 feet to a stake in a branch, thence with the meanderings of said branch South 7 degrees East 150 feet; thence South 8 degrees .west 150 feet; thence. South 6 1/2 degrees East 79 feet: thence South 45 degrees East 150 feet to point in the center of Island Creek; thence with Island Creek North 74 degrees Wezt 460 £ec-.t to the mouth of the above mentioned ditch; thence with the -' cen_L¢ 6'F 3"aCd"di'fC'tr "Sou Llr-9-4"degraes' west-' 2,23 Eee t--t-o---- the point of beginning. 224 EXHIBIT B RESOLUTION OF THE COMMISSIONERS OF WATERWORKS Exhibit RESOLUTION OF THE COMISSIONERS OF WATERWORKS OF THE CITY OF PADUCAH (DECLARING REAL PROPERTY LOCATED NEAR THE INTERSECTION OF OLD MAYFIELID ROAD AND MOUSER ROAD SURPLUS PROPERTY AND REQUESTING THE BOARD OF COMMISSIONERS OF THE CITY AUTHORIZE SALE OF SAID PROPERTY AND (DISTRIBUTION OF PROCEEDS. WHEREAS the Commissioners of Waterworks do hereby declare real property located near the intersection of Old Mayfield Road and Houser Road in Paducah, Kentucky, to be surplus property, and WHEREAS, a description of real property hereby deemed surplus property is attached hereto, and WHEREAS, said real property will no longer be necessary for operations of the Water Works; NOW THEREFORE, BE IT RESOLVED, the Commissioners of Waterworks declare it would be in the best public interest to sell same, and BE IT FURTHER RESOLVED that the Board of Commissioners of the City of Paducah, Kentucky are hereby requested to authorize the Commissioners of Waterworks to sell the aforesaid real property in the manner as described herein. The Board of Commissioners of the City of Paducah, Kentucky, are further requested to authorize and direct the Mayor and City Clerk to execute the necessary deeds of conveyance to effectuate the sale of the aforesaid real property, and to further authorize the proceeds from sale to be deposited in the General Fund Account of Paducah Water. Adopted this the 31 `-day of ZArpjvag , 2018. COMMISSIONERS OF WATERWORKS Attest: Secretary 225 By �AJV Chair