HomeMy WebLinkAbout2013-02-8012155526
ORDINANCE NO. 2013-2-8012
AN ORDINANCE DECLARING MUNICIPALLY OWNED REAL
PROPERTY HELD FOR THE USE AND BENEFIT OF THE
COMMISSIONERS OF WATERWORKS OF THE CITY OF
PADUCAH, DBA PADUCAH WATER AS SURPLUS AND
APPROVING THE TRANSFER TO THE HENDRON FIRE
DEPARTMENT PURSUANT TO SECTION 2-668 OF THE
PADUCAH CODES OF ORDINANCES
WHEREAS, on April 16, 2012, the Hendron Water District ("District") and the
Commissioners of Water Works for the City of Paducah, Kentucky, doing business under the
assumed name of Paducah Water ("PW") entered into an agreement (the "Agreement") wherein
the ownership, management, and operation of the District's water distribution system was
transferred and assigned to PW. PW assumed such obligations and began operations on July 18,
2012; and
WHEREAS, in the acquisition of the District's water distribution system PW assumed
ownership of the real property located at the intersection of Broyles Avenue and A.T. Massa
Drive (formerly known as Old Mayfield Road), in Paducah, McCracken County, Kentucky,
which real property is more particularly described on Exhibit A (the "Property"); and
WHEREAS, pursuant to the Agreement between PW and the District it was determined
and agreed that the Property was not necessary, appropriate, or in the best interests of the
operations of the water distribution system and that the Property should be transferred without
consideration to the Hendron Fire Department, a McCracken County Fire Protection District
created pursuant to KRS 75.010, a political subdivision and governmental agency of McCracken
County, Kentucky.
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 further approves
the transfer of the Property without consideration in accordance with Section 2-668 of the
Paducah Codes of Ordinances to the Hendron Fire Department, a McCracken County Fire
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Protection District created pursuant to KRS 75.010, a political subdivision and governmental
agency of McCracken County, Kentucky.
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 quit claim deed of
conveyapce of the Property to the Hendron Fire Department, together with all other
documentation necessary to effectuate the transfer of the Property.
Section 4. 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 5. 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 6. 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 7. Effective Date. This ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners February 5, 2013
Adopted by the Board of Commissioners February 19, 2013
Recorded by Tammara S. Sanderson, City Clerk, February 19, 2013
Published by The Paducah Sun, February 25, 2013
pww-AT Massa & Broyles-Hendron Fire Dept
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EXHIBIT "A"
See Attached Quitclaim Deed
DESCRIPTION OF REAL PROPERTY
TRACT I:
BEGINNING AT A CONCRETE MONUMENT AT THE
INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF
THE OLD MAYFIELD ROAD [NOW KNOWN AS A T MASSA
DRIVE] AND THE SOUTHERLY RIGHT-OF-WAY OF
BROYLES AVENUE; THENCE ALONG THE RIGHT-OF-WAY
OF THE OLD MAYFIELD ROAD [NOW KNOWN AS A T
MASSA DRIVE] S 12 DEGREES 7 MINUTES W FOR A
DISTANCE OF 190.30 FEET TO A CONCRETE MONUMENT;
THENCE S 87 DEGREES 50 MINUTES E ALONG THE
NORTHERLY LINE OF THE J. R. OLIVER PROPERTY FOR A
DISTANCE OF 144.92 FEET TO A CONCRETE MONUMENT;
THENCE N 4 DEGREES 00 FEET W ALONG THE WESTERLY
LINE OF THE HENDRON LIONS CLUB PROPERTY FOR A
DISTANCE OF 199.08 FEET TO A CONCRETE MONUMENT,
SAID MONUMENT BEING IN THE SOUTHERLY RIGHT-OF-
WAY OF BROYLES AVENUE; THENCE S 85 DEGREES 37
MINUTES W ALONG THE SOUTHERLY RIGHT-OF-WAY OF
BROYLES AVENUE FOR A DISTANCE OF 91.29 FEET TO
THE POINT OF BEGINNING.
BEING THE SAME PROPERTY CONVEYED TO HENDRON
WATER DISTRICT OF MCCRACKEN COUNTY,
KENTUCKY, BY DEED DATED MAY 15, 1964, OF RECORD
IN DEED BOOK 553, PAGE 364, MCCRACKEN COUNTY
COURT CLERK'S OFFICE.
TRACT II:
BEGINNING AT AN IRON STAKE ON THE SOUTH SIDE OF
BROYLES AVENUE, SAID STAKE IS LOCATED 325 FEET
EASTWARD FROM THE INTERSECTION OF BROYLES
AVENUE AND OLD MAYFIELD ROAD [NOW KNOWN AS A
T MASSA DRIVE] AND MARKS THE NORTHWEST
CORNER OF J. T. BROYLES OLD HOME PLACE, AND
RUNNING THENCE WITH THE WEST LINE OF THE OLD
HOME PLACE SOUTH 4 %2 DEGREES EAST 150 FEET TO AN
IRON STAKE; THENCE SOUTH 85 1/4 DEGREES WEST 75
FEET TO AN IRON STAKE; THENCE NORTH 4 %2 DEGREES
WEST 150 FEET TO AN IRON STAKE ON THE SOUTH SIDE
OF BROYLES AVENUE; THENCE WITH THE SOUTH SIDE
OF SAID AVENUE, NORTH 85 1/4 DEGREES EAST 75 FEET
TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT TRACT OF PROPERTY
CONVEYED BY THE HENDRON LIONS CLUB TO THE
COMMONWEALTH OF KENTUCKY BY DEED DATED JUNE
19, 1974, AND RECORDED IN DEED BOOK 565, PAGE 249,
AFORESAID CLERK'S OFFICE.
BEING THE SAME PROPERTY CONVEYED TO HENDRON
WATER DISTRICT BY DEED DATED JUNE 20, 1988, OF
RECORD IN DEED BOOK 715, PAGE 124, AND PART OF
THE SAME PROPERTY IN THE DEED OF CORRECTION
DATED MAY 30, 1989, OF RECORD IN DEED BOOK 727,
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. I iLL-- -LL--- � - - - I -- -- i _ , __ : I ,
PAGE 845, ALL OF RECORD IN THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
TRACT III:
BEGINNING AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF BROYLES AVENUE AND THE OLD
MAYFIELD ROAD [NOW KNOWN AS A T MASSA DRIVE];
THENCE WITH THE EASTERLY LINE OF THE OLD
MAYFIELD ROAD [NOW KNOWN AS A T MASSA DRIVE],
SOUTH 11 DEGREES AND 45 MINUTES WEST 200 FEET TO
THE NORTHWEST CORNER OF THE PROPERTY
CONVEYED TO OLIVER, BY DEED DATED APRIL 24, 1956,
AND RECORDED IN DEED BOOK 372, PAGE 493, IN THE
MCCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE
WITH OLIVER'S NORTH LINE EAST 165 FEET TO THE
NORTHEAST CORNER OF THE PROPERTY CONVEYED TO
OLIVER BY THE AFOREMENTIONED DEED, SAME BEING
THE NORTHWEST CORNER OF THE PROPERTY
CONVEYED TO OLIVER BY DEED DATED JULY 17, 1957,
AND RECORDED IN DEED BOOK 424, PAGE 49, IN THE
AFORESAID CLERK'S OFFICE; THENCE NORTH 85
DEGREES AND 45 MINUTES EAST 140 FEET, MORE OR
LESS, TO A POINT IN THE WEST LINE OF THE PROPERTY
CONVEYED TO LOCKETT BY DEED DATED SEPTEMBER
21, 1959, AND RECORDED IN DEED BOOK 415, PAGE 528,
IN THE AFORESAID CLERK'S OFFICE; THENCE NORTH 4
DEGREES AND 30 MINUTES WEST, WITH THE WEST LINE
OF LOCKETT TO LOCKETT'S NORTHWEST CORNER.
CARTWRIGHT'S SOUTHWEST CORNER, AND THENCE
CONTINUING THE SAME COURSE WITH CARTWRIGHT'S
WEST LINE, A TOTAL DISTANCE OF 205 FEET, MORE OR
LESS, TO THE SOUTH LINE OF BROYLES AVENUE;
THENCE WITH THE SOUTH LINE OF BROYLES AVENUE
SOUTH 85 1/4 DEGREES WEST 250 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THAT TRACT CONVEYED BY THE
HENDRON LIONS CLUB. INC., TO HENDRON WATER
DISTRICT, DATED MAY 15, 1964, AND RECORDED IN
DEED BOOK 553, PAGE 364, AFORESAID CLERK'S OFFICE.
BEING A PART OF THE SAME PROPERTY CONVEYED TO
HENDRON WATER DISTRICT BY DEED OF CORRECTION
DATED MAY 30, 1989, OF RECORD IN DEED BOOK 727,
PAGE 845, MCCRACKEN COUNTY COURT CLERK'S
OFFICE.
P.