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MUNICIPAL ORDER NO. 1299
A MUNICIPAL ORDER AUTHORIZING TRANSFER AND ACQUISITION OF
MUNICIPALLY OWNED REAL PROPERTY HELD FOR THE USE AND BENEFIT OF THE
PADUCAH WATER WORKS
WHEREAS, the City of Paducah owns certain real property along the Ohio
riverfront between Terrell and Burnett Streets and generally known as Lots 37, 47, and 57 in
Addition "F" to the City of Paducah, in the Flournoy, Norton, Trimble and Harris Addition,
which property is owned by the City for the use and benefit of the Commissioners of the Paducah
Water Works; and
WHEREAS, the subject property is located in the City of Paducah, McCracken
County, Kentucky and is more particularly described in the QuitClaim Deed of Conveyance
attached hereto as Exhibit "A," (the "Property"); and
WHEREAS, the Commissioners of the Paducah Water Works has determined that
the Property is no longer necessary, appropriate, or in the best interests of the operations of the
Paducah Water Works as is therefore deemed surplus real estate by the Commissioners of the
Paducah Water Works; and
WHEREAS, the City of Paducah desires to acquire the Property from the
Commissioners of the Paducah Water Works at the same purchase price as acquired ($16,000.00)
for purposes of the improvement and revitalization of the City's downtown riverfront and the
completion of a City boat launch along the Ohio river; and
WHEREAS, pursuant to KRS 82.081, and of course under its general home rule
power, KRS 82.082, the City of Paducah may transfer its property for a particular public use
provided the purpose would advance the interest of the municipality and its welfare; and
WHEREAS, the Board of Commissioners of the City of Paducah find that the
acquisition of the Property from the Commissioners of the Paducah Water Works for the same
purchase price as purchased by the Paducah Water Works in 1991 is reasonable and fair and that
the acquisition advances a particular public purpose of the City and is in the best interest of the
City and the Paducah Water Works.
NOW, THEREFORE, IT IS 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 the Paducah Water
Works.
SECTION 2. Recitals and Authorizations. The Board of Commissioners further
declares that the acquisition of the Property by the City of Paducah for purposes of the
improvement and revitalization of the City's downtown riverfront and the completion of a City
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boat launch along the Ohio river advances a particular public purpose of the City and is in the
best interest of the City and is hereby approved and authorized.
SECTION 3. Recitals and Authorizations. That the Mayor of the City of
Paducah, Kentucky, for the benefit and use of Paducah Water Works, be and he is hereby
authorized to execute and deliver a quitclaim deed of conveyance of the Property to the City of
Paducah, Kentucky, for and in consideration of Sixteen Thousand Dollars ($16,000.00), in
substantially the same form as attached hereto as EXHIBIT A, together with all other
documentation necessary to effectuate the transfer of the Property.
SECTION 4. Distribution of Proceeds. The monies due to the Commissioners of
the Paducah Water Works for the transfer and acquisition by the City of Paducah shall be
remitted to the Paducah Water Works following execution and delivery of the aforesaid quitclaim
deed of conveyance.
SECTION 5. 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 6. 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 7. 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 8. Effective Date. This Order shall be in full force and effect on and
after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky.
ATTEST:
2WOA f Aer-k
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, June 12, 2007
Adopted by the Board of Commissioners, June 12, 2007
Recorded by Tammara S. Brock, City Clerk, June 12, 2007
mo\prop pur — PWW-btwn Terrell & Burnett
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784
EXHIBIT A
DEED OF CONVEYANCE
THIS DEED made and entered into this day of , 2007, by and
between CITY OF PADUCAH, KENTUCKY, FOR BENEFIT AND USE OF PADUCAH WATER
WORKS, a body politic and corporate, duly organized and existing under the laws of the
Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, Grantor, and CITY
OF PAUDCAH, KENTUCKY, a body politic and corporate, duly organized and existing under the
laws of the Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267,
Grantee;
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of Sixteen Thousand Dollars
($16,000.00), cash in hand paid by the Grantee to the Grantor, the receipt of which is hereby
acknowledged by Grantor, Grantor does hereby remise, release and quitclaim, with no warranty
whatsoever, unto the Grantee, its successors and assigns, together with all the improvements,
appurtenances and rights thereunto belonging, the following described property, lying and being in
McCracken County, Kentucky, and more particularly described as follows:
BEING LOT NO. 37, CONTAINING 13 ACRES; LOT 47 CONTAINING
13.54 ACRES; AND LOT 57 CONTAINING 14 ACRES; ALL OF SAID
LOTS BEING IN ADDITION "F", TO THE CITY OF PADUCAH, AS
SHOWN ON MAP OF THE CITY. FOR A MORE COMPLETE
DESCRIPTION OF SAID LOTS, REFERENCE IS HEREBY MADE TO
PLAT IN DEED BOOK "O", PAGE 230, McCRACKEN COUNTY COURT
CLERK'S OFFICE.
BEING THE SAME PROPERTY CONVEYED TO CITY OF PADUCAH,
KENTUCKY, FOR BENEFIT AND USE OF PADUCAH WATER WORKS
BY DEED DATED SEPTEMBER 27,199 1, OF RECORD IN DEED BOOK
763, PAGE 232, McCRACKEN COUNTY COURT CLERK'S OFFICE.
TO HAVE AND TO HOLD the same, together with all improvements thereon and
all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
consideration recited herein is the full actual consideration paid or to be paid for the property
transferred hereby. The Grantee joins this deed for the sole purpose of certifying the consideration.
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IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands.
GRANTOR:
CITY OF PADUCAH, KENTUCKY, FOR
BENEFIT AND USE OF PADUCAH
WATER WORKS
0
Mayor William Paxton
STATE OF KENTUCKY )
COUNTY OF McCRACKEN)
GRANTEE:
CITY OF PADUCAH, KENTUCKY,
IM
Mayor William Paxton
The foregoing instrument was sworn and acknowledged before me this day
of , 2007, by Mayor William Paxton of City of Paducah, Kentucky, for benefit
and use of Paducah Water Works, a body politic and corporate, duly organized and existing
under the laws of the Commonwealth of Kentucky, on behalf of the Commissioners of Paducah
Water Works of the City of Paducah, Kentucky, Grantor.
My commission expires:
NOTARY PUBLIC, STATE AT LARGE
STATE OF KENTUCKY )
COUNTY OF McCRACKEN)
The foregoing instrument was sworn and acknowledged before me this day
of , 2007, by Mayor William Paxton of City of Paducah, Kentucky, a body
politic and corporate, duly organized and existing under the laws of the Commonwealth of
Kentucky, on behalf of the City, Grantee.
My commission expires:
This instrument prepared by:
DENTON & KEULER, LLP
P.O. Box 929
Paducah, Kentucky 42002-0929
90799
NOTARY PUBLIC, STATE AT LARGE
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