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HomeMy WebLinkAbout2022-02-8723236616 ORDINANCE NO. 2022-02-8723 AN ORDINANCE APPROVING THE SALE AND TRANSFER OF MUNICIPALLY OWNED SURPLUS REAL PROPERTY HELD FOR THE BENEFIT OF PADUCAH WATER, LOCATED AT 158 LOVELACEVILLE FLORENCE STATION ROAD, PADUCAH, MCCRACKEN COUNTY, KENTUCKY; AND AUTHORIZING THE EXECUTION OF A DEED OF CONVEYANCE WHEREAS, certain real property generally located at 158 Lovelaceville Florence Station Road, Paducah, Kentucky, was originally purchased by the 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 473, McCracken County Court Clerk's office; and WHEREAS, the subject property is located in McCracken County, Kentucky and is more particularly described on the attached Exhibit A (the "Property"); and WHEREAS, Paducah Water has determined that the Property is no longer necessary, appropriate, or in the best interests of the operations of the Paducah Water and that such property should be sold as surplus real estate, all as reflected in a resolution passed by the Commissioners of the Paducah Water Works on October 27, 2021; and WHEREAS, Paducah Water, with the approval of the City Manager, have determined the method of disposition shall be by sale at public auction; and WHEREAS, the Board of Commissioners of the City of Paducah concurs with Paducah Water and finds that the Property is surplus property and that sale of the Property by public auction is in the best interest of the City and Paducah Water. 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 declares the Property to be surplus property as it relates to the operations of Paducah Water, in accordance with the Resolution of Paducah Water dated October 27, 2021. Section 2. Recitals and Authorizations. The Board of Commissioners hereby approves and instructs Paducah Water to dispose of the Property by public auction to the highest, qualified bidder in accordance with KRS 82.083. 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 is hereby authorized to execute and deliver a deed to the Property to the successful bidder and all other documentation necessary to effectuate the sale and transfer of the Property. Section 4. Recitals and Authorizations. All monies realized from the disposition of the Property shall be received by the City for the benefit of the Paducah Water and shall be remitted to the Paducah Water. Section 5. 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 6. 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 7. 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 8. Effective Date. This OrdinanZshe read on two separate days and will become effective upon summary public 'ot/N Kjt'Ak Chapter 424. George ATTEST: i Lindsay Parish„ ity Clerk Introduced by the Board of Commissioners: February 8, 2022 Adopted by the Board of Commissioners: February 22, 2022 Recorded by Lindsay Parish, City Clerk: February 22, 2022 Published by The Paducah Sun: February 25, 2022 ORD/Paducah Water — Surplus Property Sale —158 Lov-Flo Station Road EXHIBIT A LEGAL DESCRIPTION — 158 Lovelaceville Florence Station Road, Paducah, KY 42001 TRACT I: Beginning at a 5/8" steel rod, said point being located South 85° - 39' East a distance of 458.26' from the intersection of the centerline of the Lovelaceville-Florence Station Road with the centerline of U. S. Highway 45; thence, in a Southerly direction South 3° 00' East a distance of 150.0' to a 5/8" steel rod; thence in an Easterly direction North 86° -19' East a distance of 150.0' to a 5/8" steel rod; thence in a Northerly direction North 3° -00' West a distance of 150.0' to a 5/8" steel rod; thence, in a Westerly direction South 86° -19' West a distance of 150.0' to the point of beginning. The above described parcel contains 22,498.43 square feet or 0.516 acre. Also conveyed without warranty is TRACT II: A permanent easement across, over and on the hereinafter described tract of land, designated as Tract II, for the purpose of ingress and egress from Lovelaceville- Florence Station Road, to an elevated tower site, being Tract I heretofore described, which easement is more particularly described as follows, to wit: Beginning at a 5/8" steel rod located on the Southerly right of way line of the Lovelaceville-Florence Station Road, said point being more particularly located South 85° -39' East, a distance of 421.70' and 5.3° -00' East a distance of 30.00' from the intersection of the centerline of the Lovelaceville-Florence Station Road with the centerline of U.S. Highway 45; thence, in a Southerly direction South 3° -00' East 458.26' to a 5/8" steel rod; thence, in an Easterly direction North 86° -19' East a distance of 30.00' to a 5/8" steel rod, thence, in a Northerly direction North 3° -00' West a distance of 458.61' to a 5/8" steel rod, said point also being located on the Southerly right of way line of the Lovelaceville-Florence Station Road; thence, in a Westerly direction and with the Southerly right of way line of the Lovelaceville-Florence Station Road North 850 -39' West a distance of 30.00' to the point of beginning. The above described parcel described as Tract II contains 13,753.05 square feet or 0.316 acre. Being part of the same property conveyed to the City of Paducah for the use and benefit of the - Commissioners of Water Works for The City of Paducah, Kentucky (d/b/a Paducah Water) by deed dated July 18, 2012, of record in Deed Book 1234, page 473, in the McCracken County Court Clerk's Office.