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HomeMy WebLinkAbout2014-01-8111168506 ORDINANCE NO. 2014-01-8111 AN ORDINANCE APPROVING THE SALE AND TRANSFER OF MUNICIPALLY OWNED REAL PROPERTY HELD FOR THE USE AND BENEFIT OF THE COMMISSIONERS OF WATERWORKS OF THE CITY OF PADUCAH, DBA PADUCAH WATER WHEREAS, certain real property located at 401 Washington Street, Paducah, Kentucky (the "Property") and owned by the City of Paducah, Kentucky, for the use and benefit of the Commissioners of WaterWorks of the City of Paducah, DBA Paducah Water ("Paducah Water") was deemed surplus real estate and was authorized to be sold by Paducah Water in accordance with the requirements of KRS 82.083 by Municipal Order No, 1685, adopted by the Board of Commissioners on September 11, 2012; and WHEREAS, on August 13, 2013, Paducah Water entered into a Real Estate Purchase Agreement, as may be amended, (the "Agreement") for the sale of the Property to Great Rivers, L.L.C., an Illinois limited liability company, for and in consideration of TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) and in accordance with the terms and conditions set forth in the Agreement; and WHEREAS, the Property is located in Paducah, McCracken County, Kentucky and is more particularly described in the attached Exhibit "A"; and 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 approves the sale of the Property to Great Rivers, L.L.C., for and in consideration of TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) and in accordance with the terms and conditions set forth in the Agreement. Section 2. 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 special warranty deed of conveyance of the Property to Great Rivers, L.L.C., together with all other documentation necessary to effectuate the transfer of the Property. 1 Section 3. Distribution of Proceeds. The monies due to Paducah Water for the sale of the surplus property shall be remitted to Paducah Water following execution and delivery of the aforesaid deed of conveyance. 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 Commissionersm, January 7, 2013 Adopted by the Board of Commissioners, January 14, 2013 Recorded by Tammara S. Sanderson, City Clerk, January 14, 2013 Published by The Paducah Sun, January 21, 2014 \ord\pww-401 washington 2 EXHIBIT "A" LEGAL DESCRIPTION Being a part of Lot 171, Block "N" 19, Paducah, McCracken County, and identified as Parcel No. 3, in Block No. "N" 19, in the Downtown Civic Center, Project No. Ky-R-30, as shown by a plat of subdivision recorded in Plat Book "G," page 364, in the McCracken County Court Clerk's office, and more particularly described as follows: Beginning at a point where the northerly right-of-way line of Washington Street intersects with the new westerly right-of-way line of South 4`" Street; thence, from the point of beginning S 59 degrees — 42' W a distance of 109.0' to a point at the intersection of the westerly subdivision property line; thence, with said westerly property line N 30 degrees — 20' W a distance of 115.42' to a point at the intersection of the southerly property line of a lot now owned or formerly owned by Paducah Newspapers, Inc.; thence N 59 degrees — 40' E a distance of 36.38' to a point at the intersection of the easterly property line of the above- mentioned lot; thence, N 30 degrees — 20' W a distance of 37.54 to a point at the intersection of the southerly right-of-way line of a 20.00' alley; thence with said southerly right-of-way line N 59 degrees — 40' E a distance of 72.71 to a point at the intersection of the new westerly right-of-way line of South Fourth Street; thence, with said westerly right-of-way line S 30 degrees — 20' E a distance of 153.02' to the point of beginning. The above described parcel contains .352 acres (15,324 sq. ft.) The above described parcel is subject to an encroachment along the westerly most property line. Said encroachment being .45' at the southwesterly property corner and 1.55' at the northwest most property corner. There exists on this parcel a ten -foot wide sewer easement more particularly described as follows: Beginning at a point on the centerline of a ten -foot wide sewer easement, said point being S 30 degrees — 20' E a distance of 228' from the intersection point of the southerly right-of-way line of Kentucky Avenue and the new westerly right-of-way line of South Fourth Street; thence, with said centerline S 59 degrees — 40' W a distance of 72.71' to the easterly property line of a lot now owned or formerly owned by Paducah Newspapers, Inc. Being the same property conveyed to the City of Paducah, Kentucky, for the use and benefit of the Paducah Water Works by deed dated October 1, 1968, of record in Deed Book 502, page 218, in the McCracken County Court Clerk's office. 3