HomeMy WebLinkAbout2012-12-7998154678
ORDINANCE NO. 2012-12-7998
AN ORDINANCE DECLARING MUNICIPALLY OWNED REAL
PROPERTY GENERALLY LOCATED AT 5514 REIDLAND
ROAD, HELD FOR THE USE AND BENEFIT OF THE
COMMISSIONERS OF WATERWORKS OF THE CITY OF
PADUCAH, DBA PADUCAH WATER, AS SURPLUS AND
APPROVING THE SALE AND TRANSFER OF SAME.
WHEREAS, certain real property generally located at 5514 Reidland Road, Paducah,
Kentucky, which real property was originally acquired by the Reidland Water District and by
virtue of acquisition is now owned by 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"); 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 March 30, 2011 Paducah Water determined and declared that the
Property was no longer necessary, appropriate, or in the best interests of the operations of the
water works and that the Property should be sold as surplus real estate; and
WHEREAS, the Property was sold by public auction in accordance with the City of
Paducah Codes of Ordinance Section 2-668; and
WHEREAS, an Auction Purchasing Contract dated November 27, 2012 (the "Contract"),
wherein David A. Nelson offered to purchase the Property for $66,000.00 was accepted by
Paducah Water and Paducah Water further recommends to the City of Paducah, Kentucky that it
approve and authorize the sale of the Property to Brent A. Nelson and wife, Angela M. Nelson,
(David A. Nelson having assigned his rights under the Contract) in accordance with the terms of
the Contract. A true copy of the Contract is attached hereto as Exhibit B.
NOW, THEREFORE, BE IT 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 hereby further
approves the sale of the Property to Brent A. Nelson and wife, Angela M. Nelson, for and in
consideration of $66,000.00 in accordance with the terms of the Contract.
Section 3. 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 he is hereby authorized to execute and deliver a special warranty
deed of conveyance of the Property to Brent A. Nelson and wife, Angela M. Nelson, together
with all other documentation necessary to effectuate the transfer of the Property.
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Section 4. Distribution of Proceeds. The monies due to Paducah Water for the sale of the
surplus property shall be remitted to Paducah Water following execution and delivery of the
aforesaid deed of conveyance.
Section 5. 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 6. 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.
Section 7. 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 8. Effective Date. This ordinance shall be read on two separate days and
will become effective upon summary publicatjon pursuant to KAS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, December 11, 2012
Adopted by the Board of Commissioners, December 18, 2012
Recorded by Tammara S. Sanderson, City Clerk, December 18, 2012
Published by The Paducah Sun, December 24, 2012
\ord\pww-5114 reidland rd
E
EXHIBIT A
DEED OF CONVEYANCE
THIS DEED made and entered into this day of , 2012, by
and between CITY OF PADUCAH, KENTUCKY FOR THE USE AND BENEFIT OF THE
COMMISSIONERS OF WATERWORKS, DBA PADUCAH WATER, SUCCESSOR IN
INTEREST TO REIDLAND WATER DISTRICT, a body politic and corporate, duly organized
and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2377, Paducah,
Kentucky 42002-2377, Grantor, and BRENT A. NELSON and wife, ANGELA M. NELSON, of
10 Greenwood Place, Paducah, Kentucky 42003, Grantee;
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of Sixty -Six Thousand
Dollars ($66,000.00), cash in hand paid by the Grantee to the Grantor, the receipt of which is
hereby acknowledged by Grantor, Grantor sold and does by these presents grant, bargain, sell,
alien and convey unto the Grantee, jointly during the period of their natural lives with fee to the
survivor, his or her heirs and assigns forever, together with all the improvements, appurtenances
and rights thereunto belonging, the following described property, lying and being in McCracken
County, Kentucky, and more particularly described as follows:
TRACTI:
Beginning at a stake in the East right-of-way line of U.S. Highway 68, at a point where a perpendicular
from the East right-of-way of said Highway would cross the center line of said Highway, 718.2 feet North
(as measured along said center line of said Highway 68) from the intersection of the center line of
Kentucky Highway 284 with the center line of U.S. Highway 68, which beginning point is 750 feet in a
Southerly direction, measured along the East right-of-way line of U.S. Highway 68 from a concrete
monument marking the division corner between the Old Ruth Curd property, (now owned by W. E.
Cartee) and a portion of the former Dishman property, now owned by John and Evelyn Fuller; thence
North 2 degrees 30 minutes East along and with the East line of U.S. Highway 68, 100 feet to an iron stake
in said line; thence North 88 degrees East 351.1 feet to an iron stake; thence South 2 degrees 30 minutes
West, 85 feet to a concrete marker; thence South 85 degrees 30 minutes West, 352.5 feet to the point of
beginning.
Being the same property conveyed to the Reidland Water District by deed dated September 15, 1954 and
recorded in Deed Book 354, page 113, in the McCracken County Court Clerk's Office.
TRACT H
Beginning at the Northeast corner of the Reidland Water District's property conveyed by deed dated
September 15th, 1954, and recorded in deed book 354, page 113, the said beginning point being located
North 88 deg. 17' East of and 351 feet from a point in the Easterly Right of Way Line of U.S. Highway
#68, which point is South 2 deg. 50' West of and 189.67 feet from the Southeast intersection of the Right
of Way lines of U.S. Highway #68 and the Reidland Park Road; thence South 2 deg. 40' West and along
the Easterly Line of the Reidland Water District's property for a distance of 131.0 feet to a point; thence
North 81 deg. 30' East for a distance of 125.7 feet to a point; thence North 0 deg. 40' West for a distance of
115.05 feet to a point; thence South 88 deg. 17' West for a distance of 115.2 feet to the point of beginning.
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LESS AND EXCEPT a conveyance to Bill K. Castleberry, et ux, by deed dated January 28, 1969 and
recorded in Deed Book 505, page 689, in the McCracken County Court Clerk's Office.
Being a part of the same property conveyed to the Reidland Water District by deed dated December 19,
1961 and recorded in Deed Book 430, page 150, in the McCracken County Court Clerk's Office.
TRACT III
Beginning at a point which is North 81 degrees and 30 minutes East, 165 feet from an iron pipe in the
Easterly line of State Highway No. 131 formerly U.S. 68, (said pipe being at the S.W. corner of the
property conveyed to Lottie Lee Dishman, by deed recorded in Deed Book 236, page 512, McCracken
County Court Clerk's Office and said iron pipe being 822 feet Southerly from a stone at the S.W. corner of
the property now or formerly owned by Walter E. Cartee), thence North 81 degrees and 30 minutes East,
191.5 feet to an iron pipe; thence North 2 degrees and 30 minutes East and parallel with said highway and
with an interior angle of 101 degrees, 46 feet to a stone; thence South 85 degrees and 40 minutes West and
with an interior angle of 83 degrees and 10 minutes a distance of 187.5 feet to a point; thence Southwardly
approximately parallel with said highway, 60 feet more or less to the point of beginning.
Being the same property conveyed to Reidland Water District by deed dated January 19, 1972 and
recorded in Deed Book 540, page 159, in the McCracken County Court Clerk's Office.
TRACT V
Beginning at a point on the south line of Reidland Park Road, said beginning point being South 88 deg. 00'
East a distance of 150' from the southeast intersection of U.S. Highway 68 and Reidland Park Road; thence
from said beginning point and running along the south line of Reidland Park Road, easterly a distance of
50' to a point; thence at an interior angle of 89 deg. 00' and in a southerly direction a distance of 173.96
feet to a point; thence at an interior angle of 94 deg. 20' and in a westerly direction 50' to a point; thence at
an interior angle of 85 deg. 42' and in a northerly direction a distance of 176.87' to a point of beginning.
Being the same property conveyed to Reidland Water and Sewer District by deed dated November 5, 1979
and recorded in Deed Book 623, page 825, in the McCracken County Court Clerk's Office.
Being part of the same property conveyed to the COMMISSIONERS OF WATER WORKS, THE CITY
OF PADUCAH, KENTUCKY dba Paducah Water Works, a municipal corporation, by deed dated
December 1, 1999, of record in Deed Book 927, page 189, in the McCracken County Court Clerk's office.
TO HAVE AND TO HOLD the same, together with all improvements thereon and
all rights and appurtenances thereunto pertaining unto Grantee, jointly during the period of their
natural lives with fee to the survivor, his or her heirs and forever, with Covenant of Special
Warranty, except easements, covenants, and restrictions of record.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
consideration recited herein is the full actual consideration paid or to be paid for the property
transferred hereby. The Grantee joins this deed for the sole purpose of certifying the consideration.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands.
GRANTOR: GRANTEE:
CITY OF PADUCAH, KENTUCKY, FOR
THE USE AND BENEFIT OF THE
COMMISSIONERS OF WATERWORKS
OF THE CITY OF PADUCAH,
DBA PADUCAH WATER,
SUCCESSOR IN INTEREST TO
REIDLAND WATER DISTRCIT
V
William F. Paxton, Mayor Brent A. Nelson
Angela M. Nelson
STATE OF KENTUCKY
COUNTY OF McCRACKEN)
The foregoing instrument was sworn and acknowledged before me this day
of , 2012, by William F. Paxton, Mayor, of the City of Paducah, Kentucky for the
use and benefit of the Commissioners of Water Works of the City of Paducah, DBA, successor in
interest to Reidland Water District, a body politic and corporate, duly organized and existing
under the laws of the Commonwealth of Kentucky, on behalf of the municipal entity, Grantor.
My commission expires:
NOTARY PUBLIC, STATE AT LARGE
STATE OF KENTUCKY
COUNTY OF McCRACKEN)
The foregoing instrument was sworn and acknowledged before me this day
of , 2012, by Brent A. Nelson and wife, Angela M. Nelson, Grantee.
My commission expires:
NOTARY PUBLIC, STATE AT LARGE
This instrument was prepared by the undersigned without the benefit of a title exam and based upon
information supplied by the Grantor. The undersigned assumes no responsibility for the accuracy of same.
This instrument prepared by:
DENTON & KEULER, LLP
r' P.O. Box 929
Paducah, Kentucky 42002-0929
154678
Send current year tax bill to:
Mr. and Mrs. Brent Nelson
10 Greenwood Place
Paducah, KY 42003
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Exhibit B
11/28/2812 11:12 2705547273 RARE AUC GR PAGE 02/03
Rug R0319RT AUXANDER RZAL ESTATE J& AUCTION CO.
11nkm rA. AJi91GH PURCHASING CONTRACT
`
Robert L Alexander,_ Brnker/Audioneer 11�,�� h E e.7 X &A
I. Thramgh you, as the Schee s Agan; Me, the undersigned Purahasetls, as per the Auction Tatasand Conditions (seo nonahments), will Vivo fbrthe rullowing
described pmrocrty located r together
with nit improvornenn.
t%c Prcear(S„ ��_M �
Z. Atdkm Prh •�-)shall he payable as follows:
CASH DEPOSIT s- _may O O O . Wona of.- S7 >'ny a r, n„_ payabta in cosh on or bdotc
3. As evidence of good Cobh to bind this contract. the sum of S Ja n n:o, ._ __ u deposited with Robes Alexander FAcra v Account, to be applied to the
purchase price andtor closing cast upon passing of decd, nr rafaadcd eft; prom not mcrchamabl@. However, this is a caab at closing purchase and is not
contingent on financing. If Purchasas dernuh in any of Purchaser's obligations basin, all sums deposited hetonith Will W =Wined by Seiler and Broker in
accordance with their agtccmant. Esermv account Is interest bcmng, intorno to rcmaia with Broker. ktsn(ineent eenlrou deposit fonds void Auction
Company/SollWS Obligation to Purchaser.
1. A Deed of General nr Spacial Wnrrwgr with All the Usual Covenants and Reatrktians, it Any, Shall Be Executed and Delivered 'ro:
01 Ala l�
Zia- V t'r 15 r n, 'i" /L%PI.<D /i rn Aisigng on or ito£ote .,bmr Z %J. 12 -
conveying to the Purcboseds a title of said property whish shult be clear and &ca tram all cnombmnccs of ovary hind, whir the clacptinn Of (A) lions basin
mationed, (B) testrictiom imposed by the Planabng and Zoning Commission, cod (C) e e tji and all restrictions as to the uscand improvements of the
property orrecord. (D) any exisfinet rights or Way, public utilirim hodth departm at rogulatioas, cacrt aehmenK pwacdptive wds sameand e.0 other nmttas
now ortmotd. Should tha tido to duo property appear dcrxdve Seller shall have ninety (90) days atiCr receipt of nrrtiotr from Buyer ofsach defect, or detects.
within which to remedy someat cad of seilcr.
y. Shmfd title to adld property pfots defective. according to the terms of the contract the Seller in to correct the defects nt bls expense, or, it not correctable. rclnm
the rndregand Poith mmcst nanry deposit in fill without interest or penalty m the Purohascrs.
ADDTf10NAL TERM ANDIOR COMMONS
I. CLOSIN(o COSTS: Coats that am traditionally paid by the Buyer or Seller In lit man of the property sold, will he paid by tach respectively. Seiler shalt pay the
transfer tax for the dad, and far the preparation o£the dcol, and Buyer shall pay for the opinion of tide. Attorney closing foo, irony, shall be paid by the Buyer.
L PRORATION& Rents. if any. aro to be prorated as of tiro date of atosing. Scatrity depmils err advance renta, if any, shall be credited to Betyer as of the dam of
Closing. Evletions sllnll he the responsibility orrbe Buyer. All rod state ad valomm tuxes due, and payable during the year of the closing and shall be pmvttod an a
calendar year basis, rcgordlets or the data upon which such moos were ass uiod, or the dote which may he sot forth an any tax bill 111CMUE in the event ad valorem
tom far theyear of closing aro unavailable or una ccrminablm that the ad valomm muds for the preceding year or lad time period asc;Miaablo and prescntycar
osscuracat orrnmt recent ammincut available shall be eonsidaed ass base fur proration.
3. POSSXM ON; Said property shall be given 4 T CLOSING
1, ft is agreed that the risk of ieas or dmnago to said pmporey nndler improvcmonts thercon by fire or wind, until ttnnsrar of rhlo, In assumed by Seiler/r. Purohnser
shall lmmwdlately sack inmuanw to pratcatheir assomA liability,
S. No evaluation of odwrse environmcottl eanditioaf has been conducted. Property calls -As Is, Whoa W. No wnnandm% aitha ammtory�' otherwise expressed or
implied. of any hind whatsoever, including thesu as to tha tunes for a particular use or purpose, habiiatelity, maebantability q try of cnawnction, or
envimnincniil conditions (inchding, without ilmitodon, the presence of absence of aehastos, lead-based paint, or any hazardous sub%h. aces. lmmdaux wastes,
petroleum of pmotcom by-prodacls or collectively"Haxmdous Mataiols") waeaninS, or With rcspeC1 la the prepertyam Shea by the Sailor of the ANWOn Ca,
5. BROKER REPRESENTATION: Buyer R Seller achaewlodgo and agree that the Auction Co. it's Auctioneers, Brokers and Sales persons oto Agents and/or
Sui-Ageots of Seller. Tho pa"W ogrccs drat no Real Estate Bralee , Auctioneer. Sales Parson, not Agent of either, has mad@ any uprammlion as to the nature or
Condition of tiro >'m". or any part thetooC not do such Brokom Sales Persons. or Agents avtcssly, or by implication. warrant the Property, its size.
coastraetion, candition or materials used, or any of tho fim cs, applinaces, Appurlertanfgs, amenities. ate,
), Tis Auction Co.- it's Auctioneer% Agents of Sub-Agen% have not undertaken any inspection or Invo llgation of the property for Lite purpose of Yari n&
confirming, or guemoucing the property, its title, btmdory linos, size, conslructlan, condition or mmoriols used, Of any Ot1110 firumas, appliances, appurteeenees,
or amenhics. The undemanod Putchns Alla hereby ortprossly acknowledges and agrees thin the Auction Go., its Auctioneers. A�cnts err Sub -Agents shall not
be responsible or liable in any way for arty de fccL% dafiatencics, of Other non conformaneas in the property, its 6i1e, boundary Bars, size, construction, condition nr
InOW013 used, or any of the rocerm appliance,, appurtenants or natenidd4.
S. 'Uro undersigned Buyer Imeby cxpmmly acknowledges by biwlta signamro that hdsha has inapoeted the property baroin, and den said purchase is rondo solely
cot the basis of said laspecdon, and that said property. including all structures, is being purchnsad at Auction in 'As W Condition As Per Closing Date and that No
Namtntles. implied, nxprossod Orathawise, are to be assumed by the Aeycr.
p. Tire Auction Co- it's Aucticaaas, Agents or Suh-Agents shall not be responsible at ilabte in any way if the Owner of the sub)oa propa W fails to honor arty bid.
of mfttas to. or cannot cline, or tender title in accordance with winning bid army contract catered in mspcathc"E.
10. Spcdal a morons'
aft EfictDcalkMkilt for^.;rionCotarncaklofienheNersir—rornatofiFrandalherinfmanrabanaeru�nrrlrrrlaeitt�af�ro�
arham readtha entire cantentf 4l►his aontmeI and acknowledgv madprofn copy of -ton ne- It IT axpm-dyagircd that all tears and cmdNonsafthlr carrtmct
are rnclwTed lutreftL and no verbal agreaneatr g�1f'any kind shall he bindingupwr tha pardaherrta Malarthercen6 that err have ammill rhe pmpeny
de.ter;had herein ahem, andthat eters iia nghlyeetpminied tvldi !ter condition andoeeryt if ossedc
!/lira ascot vladga req*9 of a appy ejfldv emdmd HrmrtiAg Bidder /o Ilaek Up Bidder N� _�
Seller: Purehamrt----
Sellers Jirrchaser:-----••— ' --
RECEIPT BY BROKER: f botchy aelamwledgc Iecalyi. orcontraet deposit of A ZQ, 4 Q 41 O Cn. oak rR � _•
an this dac,4' -A dayer— O �' e r_ - BrakedAtrctFrmccr.
RARE AUCTION GROUP - B60 Lone Oak Road. Paducah, Kentucky 42003
270-554-5212-800-307-7653-rAX:270-554.7273 tvWy_r_trL'xttcdnns.catn i
"FORTUNE FAVORS THE BOLD" •^;• ^^•••
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