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Home My WebLink About2024-10-8824ORDINANCE NO. 2024-10-8824 AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT AN EASEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND TC -3 LLC, OWNER OF PROPERTY LOCATED AT 723 CRUSE AVENUE WHEREAS, By Ordinance No. 2022-10-8750 dated October 11, 2022, the City of Paducah closed a 20' Wide, 192' Long Alley West Of Cruse Avenue Between North 32nd Street And Marianne Drive; and WHEREAS, after this closure, a stormwater line was discovered between 695 and 723 Cruse Avenue; NOW, THEREFORE, The property owner, TC -3, LLC, offers a permanent utility easement to allow the City to use access to the stormwater line for future repairs, replacements or removal. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to accept a Permanent Utility Easement between TC -3 LLC and the City of Paducah, as attached hereto and made part hereof as Exhibit "A", for and in consideration of One Dollar and no/100 ($1.00) for an area located on the west side of Cruse Avenue and south of Marianne Drive, and being more particularly described as follows: STORM WATER EASEMENT - LEGAL DESCRIPTION A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally located on the west side of Cruse Avenue and south of Marianne Drive, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a %" rebar and cap stamped "BFW KJW #3445" (found), being 25.0 ft. west from the centerline of Cruse Avenue and approximately 646.5 ft. south of the centerline of Marianne Drive, said point also being the northeast corner of the TC -3 LLC property (recorded in Deed Book 1343, Page356); Thence with the west right-of-way of Cruse Avenue, 51'54'04"W a distance of 110.46 ft. to a point, said point being the TRUE POINT OF BEGINNGING for said storm water easement; Thence leavingthe above said right-of-way and alongthe new easement line, N87°06'49"W a distance of 140.96 ft. to a point; Thence, 55'1 1'03"W a distance of 34.99 ft. to a point; Thence, N84°48'57"W a distance of 40.06 ft. to a point; Thence, Nl°54'04"E a distance of 33.36 ft. to a point; Thence, N87°06'49"W a distance of 9.31 ft. to a point, said point being in the east right-of-way of a 16' alley; Thence along the east right-of-way of above said alley, 52°08'54"W a distance of 1.84 ft. to a point; Thence continuing along the east right-of-way of above said alley, 51'10'21 "W a distance of 20.01ft. to a%' rebar and cap stamped "BFW KJW #3445" (found); Thence continuing along the east right-of-way of above said alley, 51 °54'04"W a distance of 26.17 ft. to a point, Thence leaving the above said alley right-of-way and alongthe new easement line, S84°48'57"E a distance of 63.28 ft. to a point; Thence, N5°11'03"E a distance of 3 5.5 8 ft. to a point; Thence, S87°06'49"W a distance of 126.81 ft. to a point, said point being in the west right- of-way of Cruse Avenue; Thence alongthe west right-of-way ofCruse Avenue, N 1 ° 54'04"E a distance of 15.00 ft. tothe TRUE POINT OF BEGINNING. The above described Tract contains 3,684.4 square feet (0.085 acres). The above described Tract is over and across the TC -3, LLC property (recorded in Deed Book 1343, Page 356 and Deed Book 1463, Page 169 SECTION 2. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 14. George Bray, Mayor ATTEST: Q�jCtIA15ha Claudia S. Meeks, Assistant City Clerk Introduced by the Board of Commissioners, September 17, 2024 Adopted by the Board of Commissioners, October 8, 2024 Recorded by Claudia S. Meeks, Assistant City Clerk, October 8, 2024 Published by The Paducah Sun, October 12-13, 2024 \ord\Permanent Utility Easement — 723 Cruse Avenue EXHIBIT "A" This document prepared by: Lisa H. Emmons Denton Law Firm, PLLC P. O. Box 969 Paducah, KY 42002-0969 PERMANENT UTILITY EASEMENT am 253725 THIS PERMANENT UTILITY EASEMENT dated the 2--3 day of '\VgVS+ , 2024, by and between TC -3 LLC, a Kentucky limited liability company, of 2201 Broadway, office Paducah, KY 42001, hereinafter referred to as Grantor, and THE CITY OF PADUCAH, KENTUCKY, 300 South 5h Street, P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as Grantee. WITNESSETH: For consideration paid to Grantor in the sum of One dollar ($1.00), the receipt of which is hereby acknowledged by Grantor, said Grantor hereby grants, sells and conveys to Grantee a permanent and perpetual utility easement for the right presently or hereafter to lay, maintain, repair, replace, or remove a storm water line and to temporarily or permanently place upon or beneath or affixed to the herein described real property of the Grantor any other apparatuses, equipment, devices, or appurtenances of any nature whatsoever which are necessary to the construction, operation, maintenance, repair, replacement or removal of the above referenced storm water line. Said perpetual and permanent easement is located within McCracken County, Kentucky and is better defined as follows: A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.43445 and being generally located on the west side of Cruse Avenue and south of Marianne Drive, in Paducah, McCracken County, Kentucky, more particularly described as follows: Beginning at a''/i' rebar and cap stamped "BFW KJW #3445" (found), being 25.0 ft, west from the centerline of Cruse Avenue and approximately 646.5 ft. south of the centerline of Marianne Drive, said point also being the northeast corner of the TC -3 LLC property (recorded in Deed Book 1343, Page 356); Thence with the west right-of-way of Cruse Avenue, 51°54'04"W a distance of 110.46 ft. to a point, said point being the TRUE POINT OF BEGINNGING for said storm water easement; Thence leaving the above said right-of-way and along the new easement line, N87°06'49"W a distance of 140.96 ft. to a point; Thence, 5501 I'03"W a distance of 34.99 ft. to a point; Thence, N84°48'57"W a distance of 40.06 ft. to a point; Thence, Nl°54'04"E a distance of 33.36 ft. to a point; 253725 74 Thence, N87°06'49"W a distance of 9.31 ft. to a point, said point being in the east right-of-way of a Walley; Thence along the east right-of-way of above said alley, 52°08'54"W a distance of 1.84 ft. to a point; Thence continuing along the east right-of-way of above said alley, 51010'21"W a distance of 20.01ft. to a%' rebar and cap stamped "BFW KJW #3445" (found); Thence continuing along the east right-of-way of above said alley, 51054'04"W a distance of 26.17 ft. to a point, Thence leaving the above said alley right-of-way and along the new easement line, S84°48'57"E a distance of 63.28 ft. to a point; Thence, N5° 11'03"E a distance of 35.58 ft. to a point; Thence, S87°06'49"W a distance of 126.81ft. to a point, said point being in the west right-of-way of Cruse Avenue; Thence along the west right-of-way of Cruse Avenue, Nl°54'04"E a distance of 15.00 ft. to the TRUE POINT OF BEGINNING. The above described Tract contains 3,684.4 square feet (0.085 acres). See Easement Exhibit attached hereto. Being part of the same property conveyed to TC -3, LLC, a Kentucky limited liability company, by deed dated May 8, 2017, of record in Deed Book 1343, Page 356; deed dated July 22, 2022, of record in Deed Book 1463, page 169, and deed dated November 4, 2022, of record in Deed Book 1470, Page 569, all in the McCracken County Clerk's office. The Grantee is granted the additional rights, privileges and uses in connection with the above stated purposes as follows: Grantor shall not erect or install any permanent improvements upon the land described in this easement. 2. The rights of ingress and egress over, along, under and across areas of the real property of Grantor as may be necessary or useful for the construction, maintenance, repairs or replacement of the above -referenced storm water line and related appurtenances. Grantee will utilize existing drives, field roads etc. to access the storm water line and related appurtenances from public right-of-way in a manner that minimizes disturbance to Grantor's real property. 3. The right to temporarily deposit excavated earth, rock, materials and equipment associated with the construction, maintenance, repairs or replacement of the above - referenced storm water line and related appurtenances. In the event that the initial construction or subsequent use, maintenance, repair, or replacement work by Grantee and/or -its subcontractors disturbs or damages Grantor's property, Grantee shall be responsible to restore 74 A '3253725 Grantor's property to a similar condition which existed prior to the disturbance by Grantee and/or its subcontractors. Restoration shall be performed by Grantee and/or its subcontractors in a reasonable manner and the extent and completion thereof will be mutually acceptable to both Grantor and Grantee. Grantee shall not be responsible for restoration resulting from disturbances or damages by others. To have and to hold the aforesaid utility easement together with its rights, privileges and uses unto Grantee with covenant of general warranty. WITNESSES the hands of the Grantor as of the day and date above written. TC -3 LLC, a Kentucky limited liability company a M ICHAPiYI N MEMBER STATE OF (KENTUCKY) COUNTY OF (MCCRACKEN) c9 ( The foregoing instrument is acknowledged before me this day of J 2024, by Jim J. Chapman, Member, of TC -3 LLC, a Kentucky limited liability company, on behalf of aid limited liability company, Grantor. S_.�cc� 6�9 � Kyo P 635 5 �. Sarah M. Peeler, Notary Public Notary Public, State at Large Notary ID # State At Large, KeMucky �g wp My Connisaion Expkaa: 09/18/2024 My Commission expires: Q� G•✓ Notary ID: KYNP15339 DOCUMENT NO: 699966 RECORDED:August 23,202410:07:00 AM TOTAL FEES: $50.00 COUNTY CLERK: JAMIE HUSKEY DEPUTY CLERK: CARAWALKER COUNTY: MCCRACKEN COUNTY BOOK: D1506 PAGES: 741.743