HomeMy WebLinkAbout2018-06-8535212470
ORDINANCE NO. 2018-6-8535
AN ORDINANCE APPROVING THE SALE AND TRANSFER OF
MUNICIPALLY OWNED SURPLUS REAL PROPERTY
LOCATED NEAR THE INTERSECTION OF OLD MAYFIELD
ROAD AND HOUSER ROAD; AND AUTHORIZING THE
EXECUTION OF A GENERAL WARRANTY DEED
WHEREAS, certain real property generally located at the intersection of Old Mayfield
Road and Houser Road, Paducah, Kentucky, and known as the Hendron Well property which real
property was originally purchased by Hendron Water District and subsequently conveyed to the
City of Paducah, Kentucky, for the use and benefit of the Commissioners of Waterworks of the
City of Paducah, DBA Paducah Water ("Paducah Water") on July 18, 2012, in Deed Book 1234,
page 467, McCracken County Court Clerk's office; and
WHEREAS, the subject property is located in McCracken County, Kentucky and is more
particularly described in the attached Exhibit A (the "Property"); and
WHEREAS, on February 27, 2018, the Board of Commissioners of the City
adopted a Municipal Order No. 2073 declaring the Property to be surplus and authorizing the sale
of the Property at public auction;
WHEREAS, Paducah Water retained the services Robert Alexander Real Estate and
Auction Company of Paducah, Kentucky and on April 19, 2018, the Property was sold to,
Howerton Properties, LLC, a Kentucky limited liability company, as the highest bidder for the
consideration of two thousand seven hundred fifty dollars ($2,750.00) per acre; and
WHEREAS, by Resolution dated May 30, 2018, (see attached Exhibit B) Paducah Water
desires to accept the bid of Howerton Properties, LLC, and further recommends to the City of
Paducah, Kentucky that it approve and authorize the sale of the Property to Howerton Properties,
LLC, for the sum of $173,393.00 ($2,750.00 x 63.052 acres) plus buyer's premium of
$17,339.30 for a total consideration amount of $190,732.30; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. Recitals and Authorizations. The Board of Commissioners hereby approves
the sale and transfer of the Property to Howerton Properties, LLC, a Kentucky limited liability
company, for the total consideration of $190,732.30, and further authorizes that the sum of
200
$173,393.00 of the sale proceeds be deposited into the general fund account of Paducah Water
and $17,339.30 be paid to Robert Alexander Real Estate and Auction Company of Paducah,
Kentucky, as the buyer's premium.
Section 2. Recitals and Authorizations. That the Mayor of the City of Paducah,
Kentucky for the use and benefit of the Commissioners of Waterworks of the City of Paducah,
DBA Paducah Water, be and is hereby authorized to execute and deliver a general warranty deed
vesting fee title in and to the Property in Howerton Properties, LLC, a Kentucky limited liability
company, and all other documentation necessary to effectuate the sale and transfer of the
Property.
Section 3. 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.
Section 4. 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 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.
Section 5. 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 6. Effective Date. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
Mayor Brandi Harless
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners June 12, 2018
Adopted by the Board of Commissioners June 26, 2018
Recorded by Tammara S. Sanderson, City Clerk, June 26, 2018
Published by The Paducah Sun, Juneo�2018
Ord\pww-old mayfield road surplus property 2018
Ordinance by Denton Law Firm
201
EXHIBIT A
LEGAL DESCRIPTION
OF
The Property containing 63.052 ACRES
Lying on the Easterly side of Old Mayfield Road (Kentucky Highway 994) and being part of the Hendron
Water District property recorded in Deed Book 644, page 808, McCracken County Court Clerk's office,
McCracken County, Kentucky and more particularly bounded and described as follows to wit:
Beginning at a point in the Easterly right-of-way line of Old Mayfield Road at its intersection with the center of
Champion Creek, said point being N 84°44'23" E 85.96 feet from a point in a concrete bridge over Champion
Creek that is 41.77 feet from the North edge of said Concrete Bridge and 44.42 feet from a point at the South
edge of said bridge that is approximately 532 feet as measured Northwestwardly along the centerline of said
Old Mayfield Road from its intersection with the centerline of Old Houser Road; THENCE FROM SAID
POINT OF BEGINNING N 24029'34" W with the Easterly right-of-way line of said Old Mayfield Road and
passing a %2" rebar with cap set at 56.00 feet as witness corner for a total distance of 270.20 feet to a11/2" rebar
with cap no. 2105 set at a point opposite and 60 feet Northeastwardly therefrom centerline station 34+00;
thence N 10°19'37" W and continuing with said Easterly right-of-way line to Old Mayfield Road 243.75 feet
to an existing 4" x 4" concrete monument with cap no. 1682 at the Southwest corner ofthe Matthew and Jarrett
Leigh White property per Deed Book 1357, page 140; thence S 85°57'05" E with the South line of said White
property 1,055.02 feet to an existing 'h" rebar with cap no. 1682 at the Southeast corner thereof; thence N
3°48'38" E with the East line of said White property 404.49 feet to an existing V2" rebar with cap no. 1955;
thence N 11'35'41" E and continuing with the East line of said White property 101.79 feet to an existing iron
spike with tee post at the Northeast corner thereof and at the Southeast corner of the James L. Boone property
per Deed Book 1277, page 691; thence N 10°54'35" E with the East line of said Boone property 101.42 feet to
a'/2" rebar with cap no. 2105 set at the Northeast corner thereof and Southeast corner ofthe Karla and Garrette
Wooley property per Deed Book 873, page 744; thence N 10°31' 18" E with the East line of said Wooley
property 157.90 feet to an existing %2" rebar with cap no. 1955 at a corner in the Southerly line of the Royce
and Ruth Mason property per Deed Book 422,page 33; thence N 89°22'58" E with the Southerly line of said
Mason property 537.89 feet to an existing 4" x 4" concrete monument at the Southeast corner of said Mason
property per Deed Book 422, page 33; thence N 5°30'33" E with the East line of said Mason property and the
East line of The Isabel Stearns property per Deed Book 1356, page 113 a distance of 433.16 feet to an existing
4" x 4" concrete monument at the Southwest corner of Lot 1 to Hartfords' Rosewood Estate's; recorded in Plat
Section "G" Page 238; thence S 81'03'15" E with the South line of said Lot 1 and the South line of Lot 2 per
said Plat Section "G", page 238 and passing a %2" rebar at 300.0 feet at the Southeast corner of said Lot 1 for a
total distance of 499.81 feet to an existing V2" rebar at the Southeast corner of said Lot 2; thence S 81'09'18" E
with the South line of lots 3 and 4 to said Hartfords' Rosewood Estate's per Plat Section "G", page 238 a
distance of 575.24 feet to an existing 4" x 4" concrete monument at the Southeast corner of said Lot 4; thence
S 4022'18" W 190.14 feet to an existing %2" rebar at a corner in the West line of the John and Cindy Davis
property per Deed Book 962, page 757; thence Southwardly with the West line of said Davis property for the
following 3 calls; S 4'22'06" W 771.94 feet to an existing 4" x 4" concrete monument; thence S 19 0'20" W
375.52 feet to an existing V2" rebar with cap no. 2105; and S 5°21'42" E and passing a %2" rebar with cap no.
2105 set at 111.53 feet for a total distance of 141.53 feet to a point in Champion Creek at the Southwest corner
of said Davis property per Deed Book 962, page 757; thence Westwardly with the centerline meanders of said
Champion Creek for the following 12 calls: N 66°59'42" W 414.62 feet to a point; S 82°06'50" W 558.21
feet to a point; S 83°25'34" W 333.49 feet to a point; S 88032'44' W 152.72 feet to a point; S 73°47'29" W
355.18 feet to a point; N 86°47'11" W 197.43 feet to a point; S 64°04'29" W 42.95 feet to a point; S
88002'00" W 90.66 feet to a point; N 69°12'09" W 120.51 feet to a point; N 84006'16" W 132.27 feet to a
point; N 77°26'40" W 219.40 feet to a point; and S 84°44'23" W 21.63 feet to the Point of Beginning and
containing 63.052 Acres as shown on "Plat of Survey for Paducah Water" prepared by Shawnee Professional
Services dated May 29, 2018.
The above Legal Description was written by Rod H. Martin, Kentucky Licensed Surveyor, on the 29th day of
May, 2018 and is correct to the best of my knowledge and belief.
P1110
Exhibit B
Paducah Water Resolution
See attached.
203
RESOLUTION OF THE COMMISSIONERS OF WATERWORKS OF THE CITY OF
PADUCAH REQUESTING THE BOARD OF COMMISSIONERS OF THE CITY APPROVE
THE SALE OF REAL PROPERTY LOCATED NEAR THE INTERSECTION OF OLD
MAYFIELD ROAD AND HOUSER ROAD
WHEREAS the Commissioners of Waterworks declared real property located near the intersection of
Old Mayfield Road and Houser Road in Paducah, Kentucky, to be surplus on January 31, 2018, and;
WHEREAS, a description of said property is attached hereto, and;
WHEREAS the Board of Commissioners of the City adopted a Municipal Order No. 2073 on February
27, 2018, declaring said property to be surplus and authorized the sale of such property at public auction, and;
WHEREAS the General Manager entered into a Real Estate Auction Contract with Robert Alexander
Real Estate and Auction Company of Paducah, Kentucky, on March 8, 2018, for the sale of said property at
absolute public auction, and;
WHEREAS a public auction was held on April 19, 2018, at the office of Robert Alexander Real Estate
and Auction Company, located at 4000 Olivet Church Road, Paducah, Kentucky, and;
WHEREAS the auction concluded with a high bid in the amount of two thousand seven hundred fifty
dollars ($2,750) per acre for a total sale price of one hundred seventy thousand five hundred dollars ($170,500)
and;
WHEREAS the Commissioners of Waterworks approved a resolution requesting the Board of
Commissioners of the City approve the sale of said property on April 25, 2018, and;
WHEREAS subsequent to that resolution, a boundary survey was performed at the request of the
Purchaser and approved by the Seller, and total acreage of said property was precisely determined to be 63.052
acres, and;
WHEREAS the total recomputed sale price for 63.052 acres as determined by boundary survey at the
high bid amount of two thousand seven hundred fifty dollars ($2,750.00) per acre is therefore one hundred
seventy three thousand three hundred ninety three dollars ($173,393.00).
NOW THEREFORE, BE IT RESOLVED, the Commissioners of Waterworks declare it would be in the
best public interest to accept the high bid amount of one hundred seventy three thousand three hundred ninety
three dollars ($173,393.00), resulting from the public auction, 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 approve the sale of said real property and
direct the Mayor and City Clerk to execute the necessary Deeds of Conveyance to effectuate the sale of the
aforesaid real property.
Adopted this the 4 day of M;. t� 2018.
Attest:
Secretary
COMMISSIONERS OF zt
S
By ';2FA
Chair
HE