HomeMy WebLinkAbout2003-12-6734ORDINANCE NO. 2003-12-6734
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT
AGREEMENT WITH KENTUCKY OAKS MALL COMPANY AND WAREHOUSE, INC., FOR
ACQUISITION OF RIGHT OF WAY FOR THE EAST MALL ACCESS ROAD
WHEREAS, the Board of Commissioners adopted Ordinance #96-10-5587 authorizing
condemnation action against Kentucky Oaks Mall Company regarding the acquisition of real property for the
establishment of the East Mall Access Road; and
WHEREAS, an interlocutory judgment and order was entered by the McCracken Circuit Court
r in the aforementioned condemnation action, and in accordance therewith, the sum of $56,350.00, as authorized
by Ordinance #97-12-5787, was paid to the Clerk of the McCracken Circuit Court; and
WHEREAS, the parties have reached an agreement regarding the resolution of the
condemnation action.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners hereby approves the Settlement Agreement and
Release of Claims entered into between the City of Paducah, Kentucky Oaks Mall, and Warehouse, Inc.
regarding the resolution of the condemnation action instituted by the City of Paducah for the establishment of
the East Mall Access Road. In such regard, the Mayor is hereby authorized to execute the Settlement
Agreement and Release of Claims for and on behalf of the City of Paducah for the acquisition of right of way
for the East Mall Access Road.
SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed and all
documents necessary for the acquisition of right-of-way from Kentucky Oaks Mall Company for the
establishment of East Mall Access Road.
SECTION 3. The Board of Commissioners hereby authorizes the City's legal representative,
1, on behalf of the City, to enter an Agreed Order of Dismissal in McCracken Circuit Court.
SECTION 4. The Board of Commissioners hereby authorized the additional sum of
$153,650.00 to be paid to Kentucky Oaks Mall Company, and the Finance Director is hereby authorized and
directed to transfer $153,650.00 from the Commission Contingency Account to the East Mall Access Road
Project Account ST0003. Said funds shall be paid to Kentucky Oaks Mall Company no later than January 16,
2004.
SECTION 5. This Ordinance shall be read on two separate days and will be effective upon
summary publication pursuant to KRS Ch. 424.
MAYOR
A TEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners November 25, 2003
4 Adopted by the Board of Commissions December 9, 2003
Recorded by Tammara S. Brock, City Clerk, December 9, 2003
Published by The Paducah Sun, December 16, 2003
\ord\eng\East Mall Access Road Agmt-Final
I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah,
Kentucky, on December 9, 2003.
Tammara S. Brock, City Clerk