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HomeMy WebLinkAboutOrdinances Book 12, Page 500, No Ordinance Number50✓ AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: "AN ORDINANCE AUTHORIZING AN OFFER AND AGREEMENT FOR EXCHANGE OF PROPERTY WITH THE UNITED STATES FOR THE PURPOSE OF PROVIDING 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", WHICH WAS ADOPTED BY THE BOARD OF COMMISSION ON APRIL 16TH, 1940 WHEREAS the Board of Commissioners by ordinance adopted April 16, 1940 authorized an exchange of property by and between the City of Paducah and the United States in connection with the floodwall project; and WHEREAS said exchange was intended but never actually made and it now appears that additional easement rights should be retained by said City over certai of the property described in said ordinance; and WHEREAS the floodwall has been completed and the exchange of property should be affected as agreed upon except for additional easements rights to said city; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That an ordinance containing the title quoted above, which was adopted by the Board of Commissioners on April 16, 1940, be, and the same is hereby amended and reordained so that said ordinance as amended and reordained shall read as follows: "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. BE IT FURTHER ORDERED AND DIRECTED that the Mayor and City Clerk be and they are hereby authorized and directed to enter int6 an agreement and off 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: 501 Parcel 1. Being all of the west 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 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 Seacost 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 50v piece reserved by the City for Flood Wall R/W 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.00int; 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 between lots 18 and 19 a i 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. There is reserved to the City of Paducah, Kentucky, an easement for maintenance of a storm sewer over the northern part of said property descrived as follows: Beginning at a point on the dividing line between Lots 18 and 19, Warren Thornberry Survey of the Langstaff lands, said point being on the river side of the flood - wall right of way and 160.09 feet north of the north property line of Meyers Street; thence northerly along said dividing line a --distance of 326 feet, more or less, to the low water mark of Tennessee River; thence east- wardly and with the low water mark of the Tennessee River a distance of 15 feet; thence in a southerly direction and parallel with the dividing line between Lots 18 and 19, a distance of 326 feet to the river side of the flood - wall right of way; thence westerly and with the river side of the floodwall right of way 15 feet to the point of beginning. There is also reserved to the City of Paducah, Kentucky, the right to enter upon the southern part of the above described tract for the purpose of maintaining said floodwall and for maintenance of said storn sewer, said southern part being described as follows: Beginning at a point on the north line of Meyers Street at the dividing line between Lots 18 and 19, Warren Thornberry Survey of the Langstaff lands; thence norther- ly along said dividing line a distance of 110.29 feet to the land side of the floodwall right of way; thence easterly and with the land side of the floodwall right- of-way a distance of 15 feet; thence southerly and parallel with the dividing line between Lots 18 and 19, a distance of 110.22 feet to Meyers Street; thence westerly and with the line of Meyers Street 15 feet to the point of beginning. Parcel 2. —' "All of the 112 foot piece (except part reserved for Flood Wall R/W of Lot 20 of Warren Thornberry'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- Cracken County Court Clerk's Office in Deed Book 200, page 295, and described as follows: Lying 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 502 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. 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 Meyers 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 Clerk's office; thence north 28 degrees 14A 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 Riber at lot 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. Leicas and others as aforesaid; thence south 28 degrees 141g minutes west with the line dividing the herein described lot or parcel of ground and the aforesaid United States od 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 28, 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 Seacost 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 terms of which the railroad company was granted a right of way for railroad purposes acrods 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 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 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: 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 streeet) thence with a right deflection angle of 90'21157-511 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 streetO 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 61000'02.5" a distance of 52.99 feet to the point of beginning. 503 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 construc- tion of local flood protection works. 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. Aggust 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; said point being Station 28/26.02 of the centerline survey of the Paducah Flood Wall Section "B"; thence continu - ing on the same line 25.0 feet to the riverside R/W line; thence with the following deflection angles amd distances along the Riverside R/W line 90017+07.511 right, 307.16 feet; 62009100" right, 16.96 feet; 71 49130" left, 89.24 feet; 904512011 right 115.13 feet to the east line of said U. S. A. property; thence with a right deflection angle of 89038'02.5" a dis- tance of 25.0 feet to Station 22/95.67 of Section "B" center line survey for Paducah Floodwall; thence con- tinuing on the same line 27.29 to the landside R/W line; thence with the followin deflection angles and distances along the landside R line; 118059'57.5" right, 4.78 feet; 28038tool' left, 107.01 feet; 9045120" left, 121.20 feet; 710493011 right, 23.04 feet; 62°09100" left, 276.78 feet to the west line of U.S.A. property; thence with a right deflection angle of 89042152t5" a distance of 25.0 feet to the point of beginning. 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 day of July, 1951, under authority of an ordinance entitled: "AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: 'AN ORDINANCE AUTHORIZING AN OFFER AND AGREEMENT FOR EXCHANGE OF PROPERTY WITH THE UNITED STATES FOR THE PURPOSE OF PROVIDING RIGHT OF WAY FOR THE CONSTRUCTION OF THE PADUCAH FLOODWALL AND AUTHORIZING AND DIRECTING THE CONVEYANCE AND ACCEPTANCE OF PROPERTY IN THAT CONNECTION AND FOR OTHER PURPOSES' WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS ON APRIL 16TH, 1940" Adopted by the Board of Commissioners of said City, approved July 1951, certified copy of which ordinance is attached hereto. Mayor City Clerk" SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the enttent of such conflict, Hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners August 14, 1951 Recorded by Sarah Thurman, City Clerk, August 14, 1951.