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HomeMy WebLinkAbout2013-10-8088165256 ORDINANCE NO. 2013-10-8088 AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE AND ACQUISITION OF THE REAL PROPERTY LOCATED AT 5065 CONCORD AVENUE, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM BETTY J. OWENS, FOR THE IMPROVEMENT OF A PUBLIC PROJECT WHEREAS, the Board of Commissioners of the City of Paducah has determined that it is necessary, appropriate, or in the best interest of the City to purchase the real property located at 5065 Concord Avenue, Paducah, McCracken County, Kentucky which is more particularly described on Exhibit "A," attached hereto (the "Property"), for purposes of the Olivet Church Roadway Improvement Project (the "Public Project'); and WHEREAS, the Board of Commissioners of the City of Paducah has reached an agreement for the purchase of the Property with Betty J. Owens, ("Owens") for the purchase price of Five Hundred Thousand Dollars ($500,000.00); and WHEREAS, the Board of Commissioners of the City of Paducah concur and find that the purchase of the Property for the purchase price of Five Hundred Thousand Dollars ($500,000.00) is in the best interest of the City. WHEREAS, the Public Project is broadly described as reducing traffic congestion on Interstate - 24 at the exit 4, Hinkleville Road (U.S. 60) interchange through the construction of an access road from a point on Olivet Church Road to the intersection at New Holt Road just west of the Kentucky Oaks Mall. The Project also provides an enhancement of traffic flow on Olivet Church Road from Cairo Road to Hinkleville Road (U.S. 60). BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners of the City of Paducah hereby approves and consents to the purchase and acquisition of the Property from Owens, for the purchase price of Five Hundred Thousand Dollars ($500,000.00). It is hereby found and determined that the acquisition is public property to be used for the public purposes of the City. It is further determined that the Mayor, on behalf of the City of Paducah, Kentucky, is hereby authorized to execute the general warranty deed and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Owens in accordance with this Ordinance. SECTION 2. That the Board of Commissioners of the City of Paducah further authorize the purchase of the Property subject to the reservation of a life estate interest reserved by Owens in and to a portion of the Property to be set out in the deed of conveyance from Owens to City of Paducah. SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 2 from project account, Olivet Church Road Project. SECTION 4. Corporate Counsel is hereby authorized to conduct such due diligence and investigation as it deems necessary and in the best interest of the City. Further Corporate Counsel is authorized to prepare the general warranty deed, closing statement and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Owens in accordance with this Ordinance. SECTION 5. 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. This City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this 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. 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. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. 0 M ATTEST: City Clerk Introduced by the Board of Commissioners, October 1, 2013. Adopted by the Board of Commissioners, October 8, 2013. Recorded by City Clerk, October 8, 2013. Published by The Paducah Sun, October 14, 2013. \ord\property-owens 2 EXHIBIT "A" BEING LOTS 22 AND 23 IN THE CHARLES L. KINDRED SUBDIVISION AS SHOWN BY PLAT OF RECORD IN PLAT BOOK "G", PAGE 93, IN THE MCCRACKEN COUNTY CLERK'S OFFICE. BEING THE SAME PROPERTY CONVEYED TO KENNETH OWENS AND WIFE, BETTY J. OWENS, BY DEED DATED JUNE 14, 1966, OF RECORD IN DEED BOOK 478, PAGE 510, IN THE MCCRACKEN COUNTY CLERK'S OFFICE. KENNETH OWENS, DECEASED, DIED ON OR ABOUT APRIL 24, 2013, AND BY VIRTUE OF THE SURVIVORSHIP CLAUSE IN THE AFORESAID DEED FEE TITLE VESTED IN BETTY J. OWENS. 3