HomeMy WebLinkAboutOrdinances Book 10, Page 230, No Ordinance NumberPage 23
e� AN ORDINANCE AUTHORIZING AN OFFER AND AGREEMENT FOR
yJg1 1151 EXCHANGE OF PROPERTY WITH THE UNITED STATES FOR THE PURPOSE OF PRO=
VIDING RIGHT OF WAY FOR THE CONSTRUCTION OF THE PADUCAH FLOOD WALL
AND AUTHORIZING AND DIRECTING THE CONVEYANCE AND ACCEPTANCE OF
PROPERTY IN THAT CONNECTION AND FOR OTHER PURPOSES.
WHEREAS, Section 3 of the Flood Control Act, approved
June 22, 1936, required that local interests shall provide
all lands, easements and rights-of-way necessary for the
construction of local flood protection projects therein
authorized, and Section 1 of the Flood Control Act approved
August 28, 1937, under which certain flood protection works
for the City of Paducah are now being and to be constructed,
requires that the requirements of said Section 3 be met,
with the exception of Federal participation in the cost of
said rights-of-way which has been requested and granted, and
WHEREAS, the City of Paducah has heretofore, on May
17, 1938, given assurance that it will comply with said
requirements to the extent of its financial ability, as
determined by the President, and
WHEREAS, the construction of Section B of the local
flood protection works for said City of Paducah will require
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rights-of-way upon, over and through property owned by the
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United States at the United States Engineer Depot, which
rights-of-way are described as follows:
"Through part of Lots 19 and 20 of Warren Thorn -
berry's survey of the Langstaff Lands described
as follows:
Beginning on the West line of the property conveyed
to the U. S. A. August 22, 1914 by A. W. Lucas and
others and recorded in t;;cCracken County Court Clerk's
Office in Deed Book 107, page 142, at a point
135.22 feet North of the North line of Meyers Street;
said point being Station 28/26.02 of the centerline
survey of the Paducah Flood Wall Section "B"; thence
continuing on -the same line 25.0 feet to the river-
side Rft; thence with the following deflection
angles and distances along the riverside R/111 line;
90 17+07.5" right, 307.16 feet; 62009'00" right,
16.96 feet; 71049130" left, 89.24 feet; 9045120"
right, 115.13 feet to the east line of said U.S.A.
property; thence with a right deflection angle of
89038102.5" a distance of 25.0 feet to Station
22/95.67 of Section "B" centerline survey for
Paducah Floodwall; thence continuing on the same
line 27.29to the landside R/W line; thence with
the following deflection angles and distances along
the landside R/W line; 118°5957.5" Si ht, 4.78
feet; 28°38,00" left, 107.01 feet; 9 45120" left,
121.20 feet; 71049'30" right, 23.04 feet; 62009100"
left, 276.78 feet to the West line of U.S.A.
property; thence with the right deflection angle of
89042152.5" a distance of 25.0 feet to the point of
beginning."
Page 231
. AND, WHEREAS, Section 2 of an Act of Congress approved
June 20, 1938 (Public No. 685 - 75th Congress, 56 Stat. 808)
provides that in any case in which it may be necessary or
advisable in the execution of an authorized work of river and
harbor improvement to exchange land or other property of the
government for private lands or property required for such
project, the Secretary of War may, upon the recommendation
of the Chief of Engineers, authorize such exchange upon terms
and conditions deemed appropriate by him, and
WHEREAS, the City of Paducah is the owner of certain
land of which only a portion is required for the construction
of the flood protection works, and is not iieeded by the City
and is needed by the United Stites inc onnection with the said
Engineer Depot, and said additional and surplus land is
described as follows:
"Being all of the ','lest 15 feet of Lot 19 conveyed
to the City of Paducah by deed of January 17, 1940
recorded in McCracken County Court Clerk's Office
Deed Book 200, page 298, of larren Thornberry's
Survey of the Langstaff Lands, except the South 8'
which w as conveyed to the C. St. L & N.O.R.R.
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b the Seacoast Mineral Company by deed dated
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September 10, 1903 and recorded in McCracken
County Court Clerk's Office in Deed Book 68, page
464; and also except a 50' piece reserved by the
City for flood wall R1W which 50' piece is better
described as follows:
Beginning at a point on the line between
Lots 18 and 19 of said survey of the langstaff Lands
110.29 feet North of the North line of Meyers Street,
measured on said line; thence continuing North on the
same line 50 feet to a point; thence with a right
deflection angle of 90017'07.5" a distance of 15 feet;
thence with a right deflection angle of 89042152.5"
on a line parallel and 15 foot upstream from said
line between lots 18 and 19 a distance of 50 feet
to a point 110.22 feet North of the North line of
Mayers Street; thence with a right deflection angle
of 90017107.5" a distance of 15 feet to the point of
beginning."
"All of the 112 foot piece (except part reserved
for Flood Wall R/1N) of Lot 20 of Warren Thorn -
berry's Survey of the Langstaff Lands as conveyed
to the City of Paducah by the Southside Realty
Company by deed of January 17, 1940 and recorded
in the McCracken County Court Clerk's Office in
Deed Book 200, page 295, and described as follows:
Lyin and being in the City of Paducah (Mechanics-
burg , McCracken County, Kentucky, and being a
part of Block 20 of what is known as the 'Warren
Thornberry survey of the Langstaff land above
Island Creek. A plat of said survey is recorded
in Deed Book "H", page 64, McCracken County Court
Clerk's Office, and beginning at a stone in the
Northerly line of Meyers Street common corner to
• the lot or parcel of ground herein described, and
a lot or parcel of ground conveyed to the Ur.ited
States of America by A.W.Lucas and others, by
deed dated August 22, 1914, and recorded in Deed
Book 107, page 142, McCracken County Court Clerk's
Office; thence with the Northerly line of Myers
Street South 61 degrees 45 minutes East, 112 feet
Page 232
to a stake in the Northerly line of Meyers Street,
common corner to the lot herein described and a
lot or parcel of ground conveyed to James McCarthy
by J. D. and Addie H. Mocquot, on December 28,
1903 and recorded in Deed Book 73, page 296,
McCracken County Court Clerks Office; thence North
28 degrees 142 minutes East, and with the line
dividing the herein described lot or parcel of
ground and said James McCarthy lot, 422 feet and 6
inches, more or less, to low water mark in the
Tennessee River and common corner to the lot or
parcel of ground herein described, and said James
McCarthy -lot; thence with the meanderings of the
Tennessee River at low water mark, and in a North-
easterly direction to a stake or stone, common
corner to the lot herein described and the afore-
said lot conveyed to the United States of America
by A.W.Lucas and others as aforesaid; thence
South 28 degrees 142 minutes twest with the line
dividing the herein described lot or parcel of
ground and the aforesaid United States of America
lot or parcel of ground 422 feet and 6 inches,
more or less, to the point of beginning on Meyers
Street,and being the remaining portion of the
certain three lots or parcels of ground conveyed
to the Lack Realty Company by F.E.Lack and wife
Minnie Lack, on May 28th, 1909, and recorded in
� Deed Book 89, page 381, McCracken County Court
Clerks Office.
The foregoing tract of land is subject to the
terms of an agreement or instrument executed by
the Seacoast Mineral Company, a corporation, to
the Chicago, St. Louis and New Orleans Railroad
Company under date of September 10, 1903, recorded
in Deed Book 68, page 464,. by the t arms of which
the railroad company was granted a right of way for
railroad purposes across a strip of above described
land 8 feet in width lying along and adjacent to
Meyers Street."
Being the same property in all respects as that
conveyed to John H. Knight and wife, A.A.Knight,
in survivorship, by the Lack Realty Company by
deed dated November 29, 19240 and recorded in
Deed Book 142, page 118, in the office of the County
Court Clerk of McCracken County, Kentucky. And
being the same property in all respects as that
conveyed to the Southside Realty Company by John
H. Knight and his wife, A.A.Knight, by deed
dated April 23, 1935, and recorded in Deed Book
183, page 593, in the office of the County Court
Clerk of McCracken County, Kentucky."
There is reserved from the above described tract of
land a certain portion which is reserved for Flood Wall right-
of-way above mentioned. Said reservation is as follows:
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Beginning at a point on the West line of the above
described 112 foot strip 170.86 feet North of the
North line of Meyers Street; (a 33 foot street)
thence with a right deflection angle of 90021157.5"
a distance of 112.0 feet to the East line of said
112 foot strip; thence with a right deflection
angle of 89038 ' 02.5" a distance of 113.61 feet
to a point on said line 56.55 feet North of the
North line of Meyers Street; (a 33 foot street);
thence witpt a right deflection angle of 118059157.5"
a distance of 128.02 feet to the West line of said
112 foot strip; thence with a right deflection
angle of 61011102.5" a distance of 52.29 feet to
the point of beginning.
NOW, THEREFORE, BE IT ORDERED AND DIRECTED:
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THAT the City of Paducah offer and request the
Secretary of War to grant to said City an easement over the '
land now owned by the United States and required for the flood
protection works, in exchange for the land above described which
is owned by the City of Paducah; all costs of title examination
and perfection to be paid by the City of Paducah.
Pace 233
' III
BE IT FURTHER ORDERED AND DIRECTED that the Mayor and
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City Clerk be and they are hereby authorized and directed to
. enter into an agreement and offer as set out below, and in
the event of acceptance of such offer and agreement by the
United States, the said Mayor and City Clerk, or their successors
in office, are hereby directed and empowered to do and execute
such acts and instruments as are required by the United States
to effect such exchange of lands and rights therein, including
the perfecting of title and the conveyance of said land to the
United States by General Warranty deed.
BE IT FURTHER ORDERED AND DIRECTED that the offer
and agreement to be submitted to the United States shall be
as follows:
OFFER AND AGREEMENT
The City of Paducah, McCracken County, Kentucky,
hereby offers to convey to the United States by warranty
deed, without cost to the United States, the following
described tract of land situated in the City of Paducah:
"Being all of the West 15 feet of Lot 19 conveyed
to the City of ?aducah by deed of January 17,
1940, recorded in McCracken County Court Clerk's
Office, Deed Book 200, page 298 of Warren Thorn -
Berry's Survey of the Langstaff Lands, except the
8' which was conveyed to the C. St. L. & N. 0.
R. R. Co. by the Seacoast Mineral Company by deed
dated September 10, 1903, and recorded in McCracken
County Court Clerk's Office in Deed Book 68, page
464; and also except a 50' piece reserved by the
City for Flood Wall R/W which 501 piece is better
described as follows:
Beginning at a point on the line between Lots 18
and 19 of said survey of the Langstaff Lands
110.29 feet North of the North line of Meyers
Street, measured on said line; thence continuing
North on the same line 50 feet to a point; thence
with a right deflection angle of 90017107.5" a
distance of 15 feet; thence with a right deflection
angle of 89042152.5" on a line parallel and 15 feet
upstream from said line bwtween Lots 18 and 19 a
distance of 50 feet to a point 110.22 feet North
of the North line of Meyers Street; thence with a
right deflection angle of 90017107.5" a distance
of 15 feet to the point of beginning."
"All of the 112 foot piece (except part reserved
for Flood Wall R/W) of Lot 20 of 54arren Tnornberry's
Survey of the Langstaff Lands as conveyed to the
City of Paducah, by the Southside Realty Company
by deed of January 17, 1940 and recorded in the Mc-
Cracle n County Court Clerk's Office in Deed Book
200, page 295, and described as follows:
Lying and being in the City of Paducah (M9chanics-
burg, McCracken County, Kentucky, and being a
part of Block 20 of what is known as the Warren
Thornberry Survey of the Langstaff land above
Island Creek. A plat of said survey is recorded
in Deed Book "H", page 64, McCracken County Court
Clerk's Office, and beginning at a stone in the
Northerly line of Meyers Street common corner to
the lot or parcel of ground herein described, and
a lot or parcel of ground conveyed to the United
States of America by A.:"!.Lucas and others, by
Page 234
deed dated August 22, 1914 and recorded in Deed
Book 107, page 142, McCracken County Court Clerk's
Office; thence with the Northerly line of Myers
Street South 61 degrees 45 minutes East, 112 feet
to a stake in the Northerly line of Meyers Street,
common corner to the lot herein described and a
lot or parcel of ground conveyed to James McCarthy
by J.D. and Addie H. Mocquot, on December 28,
1903 and recorded in Deed Book 73, page 296,
McCracken County Court Clerks office; thence North
28 degrees 142 minutes East, and with the line
dividing the herein described lot or parcel of
ground and said James McCarthy lot, 422 feet and 6
inches, more or less, to low water mark in the
Tennessee River and common corner to the lot or
parcel of ground herein described, and said Jaynes
McCarthy lot; thence with the meanderings of the
Tennessee River at low grater mark, and in a North-
easterly direction to a stake or stone, common
corner to the lot herein described and the afore-
said lot conveyed to the United States of America
by A.W.Lucas and others as aforesaid; thence
South 28 degrees 1433- minutes West with the line
dividing the herein described lot or parcel of
ground and the aforesaid United States of America
lot or parcel of ground 422 feet 6 inches, more or
less, to the point of beginning on Meyers Street,
and being the remaining portion of the certain
three lots or parcels of ground conveyed to the
Lack Realty Company by F.E.Lack and wife, Minnie
Lack, on May 26th, 1909, and recorded in Deed Book
89, page 381, McCracken County Court Clerk's
Office.
The foregoing tract of land is subject to the
terms of an agreement or instrument executed by
the Seacoast Mineral Company, a corporation, to
the Chiacago, St. Louis and New Orleans Railroad
Company under date of September 10, 1903, recorded
in Deed Book 68, page 464, by the terms of which
the railroad company was granted a right of way
for railroad purposes across a strip of above
described land 8 feet in width lying along and
adjacent to Meyers Street."
Being the same property in all r eppects as that
conveyed to John H. Knight and wife, A.A.Knight,
in survivorship, by the Lack Realty Company
by deed dated November 29, 1924, and recorded in
Deed Book 142, page 118, in the office of the
County Court Clerk of McCracken County, Kentucky.
And being the same property in all respects as that
conveyed to the Southside Realty Company by John
H. Knight and his wife, A.A.Knight, by deed"
dated April 23, 1935, and recorded in Deed Book
183, page 593, in the office of the County Court
Clerk of McCrafken County, Kentucky.2
There is reserved from the above described tract of
land a certain pm tion which is reserved for Flood
Wall right-of-way above mentioned. Said reservation
is as follows:
Beginning at a point on the West line of the above
described 112 foot strip 170.88 feet North of the
North line of Meyers Street; (a 33 foot street)
thence with a right deflection angle of 90021157.5"
a distance of 112.0 feet to the East line of said
112 foot strip; thence with a right deflection
angle of 89038102.5" a distance of 113.61 feet
to a point on said line 56.55 feet North of the
North line of Meyers Street; (a 33 foot street)
thence with a right deflection angle of 118059157.5"
a distance of 128.02 feet to the West line of said
112 foot strip; thence with a right deflection
angle of 61000102.5" a distance of 52.29 feet to
the point of beginning.
Page 235
In exchange therefor, the City of Paducah hereby
agrees to accept the following described rights-of-way on,
over and across land now owned by the United States in said
City, and required for the construction of local flood
protection works;
"Through part of Lots 19 and 20 of 'Barren Thorn -
berry's Survey of the Langstaff Lands described as
follows:
Beginning on the West line of the property conveyed
to the U.S.A August 22, 1914 by A.W.Lucas and
others and recorded in McCracken County Court Clerk's
Office in Deed Book 107, page 142, at a point
135.22 feet North of the North line of Meyers Street;
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said point being Station 2826.02 of the centerline
survey of the Paducah Flood Wall Section "B"; thence
continuing on the sale line 25.0 feet to the riverside
R/W line; thence with the following deflection angles
and distances along the Riverside R/W line 90017107.5"
right, 307.16 feet; 62009/00/1 right, 16.96 feet;
7184913011 left, 89.24 feet; 90451201/ right, 135.13
feet to the East line of said U.S.A property; thence
with a right deflection angle of 89038102.511 a dis-
tance of 25.0 feet to Station 22/95.67 of Section "B"
centerline survey for Paducah Floodwall; thence con-
tinuing on the same line 27.29 to the landside RAI
line; thence with the following deflection angles and
distances along the landside RN line; 118059157.5"
right, 4.78 feet; 2803810011 left, 107.01 feet;
9045120" left, 121.20 feet; 71049130" right, 23.04
feet; 6200910011 left, 276.78 feet to the 'Hest line �
of the U.S.A property; thence with a right deflection
angle of 89042152.511 a distance of 25.0 feet to the
point of beginning.
The City will furnish an abstract or certificate of
title to the land to be conveyed to the United States, accept-
able to the Attorney General, and will at its own cost, take
such action as may ba necessary to perfect such title.
This offer shall not be withdrawn by the City
within sixty days from date hereof, and if accepted by the
United States within that period of time, shall become an
irrevocable contract, binding upon said City to fulfill.
Witness our hands and the seal of said City, this
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day of April, 1940, under authority of an ordinance
entitled "AN ORDINANCE AUTHORIZING AN OFFER ADID AGREEMENT
FOR EXCHANGE OF PROPERTY' WITH THE UNITED STATES FOR THE
PURPOSE OF PROVIDING RIGHT OF WAY FOR TIIE CONSTRUCTION OF
THE PADUCAH FLOOD WALL AND AUTHORIZING AND DIRECTING THE
CONVEYANCE AND ACCEPTANCE OF PROPERTY IN THAT CONNECTION
AND FOR OTHER PURPOSES" adopted by the Board of Commissioners
of said City, approved April 16th, 1940, certified copy of
which ordinance is hereto attached. l
Pierce E. Lackey
i Mayor
Page 236
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City Clerk
City Attorney for the
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City of Paducah, hereby certify that the foregoing ordinance
has been duly and legally adopted by the Board of Commissioners
of said City; that the ordinance and all acts relating thereto
are ih proper form; that the exchange of lands proposed by
said resolution and offer are within the powers of the Board
of Commissioners and that the offer, when accepted by the
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United States within the specified period, will create a
legal, binding obligation on the party of the City to consum-
mate the transaction.
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Witness my hand this day of April, 1940.
City Attorney
Mayor
Passed by the Board of Commissioners, April 16, 1940
Recorded by Rudy Stewart, City Clerk, April 17, 1940.
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