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HomeMy WebLinkAbout86-4-2820539 ORDINANCE NO. 86-4-2820 AN ORDINANCE AUTHORIZING THE CITY TREASURER TO ISSUE A CHECK TO THEODORE T. MYRE, M.D., ET AL, FOR PAYMENT OF LEGAL FEES FOR CLEARING TITLE TO PROPERTY ON JACKSON STREET, ON BEHALF OF THE GOLF COMMISSION WHEREAS, the City of Paducah sold a tract of real estate on behalf of the Paducah Golf Commission to Western Baptist Hospital, who, in turn, sold the property to Theodore T. Myre, M.D., and his wife, Carol F. Myre; Wally 0. Montgomery, M.D., and his wife, Geraldine B. Montgomery; Charles L. Shields, M.D., and his wife, Linda Shields; William Glenn Wheeler, II, M.D., and his wife, Teresa Ann Wheeler; and WHEREAS, restrictive covenants on said real estate prevented the purchasers from utilizing the real estate; and WHEREAS, a suit was filed in McCracken Circuit Court, Civil Action No. 85 -CI -170, by Theodore T. Myre, M.D., et al, against the City of Paducah, et al, to have the restrictive covenants removed and damages for loss of use of the property; and WHEREAS, the McCracken Circuit Court entered judgment removing the restrictive covenants and awarding Theodore T. Myre, M.D., et al, and Western Baptist Hospital damages for loss of use of the real estate from the time of sale by the City until the date the restrictive covenants were removed; and WHEREAS, the City of Paducah has reached a compromise agreement with Theodore T. Myre, M.D., et al, in satisfaction of the judgment of McCracken Circuit Court as follows: A. The City of Paducah and Theodore T. Myre, M.D., et al, shall swap approximately .257 acres of land on property that title could not be cleared by the McCracken Circuit Court; B. The City of Paducah shall transfer approximately 1.45 acres of land on Jackson Street to Theodore T. Myre, M.D., et al; C. The Paducah Golf Commission shall pay to Theodore T. Myre, M.D., et al, the sum of Thirteen Thousand Five Hundred Dollars ($13,500.00) in satisfaction of the judgment against the City of Paducah; D. The above is contingent upon the McCracken Circuit Court removing restrictive covenants on the real estate to be transferred to the doctors; E. The City of Paducah shall pay to Theodore T. Myre, M.D., et al, the sum of One Thousand Five Hundred Dollars ($1,500.00) to cover the costs of removing the restrictive covenants on the property to be transferred by the City. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION I. The agreement in settlement of Civil Action 85 -CI -170 in the McCracken Circuit Court, styled Theodore T. Myre, M.D., et al, vs. the City of Paducah, et al, as above set out, is approved and the Corporation Counsel and Mayor are instructed to approve and execute any documents necessary to carry out the intent of this ordinance. SECTION 2. The City Treasurer is authorized to issue a check in the amount of One Thousand Five Hundred Dollars ($1,500.00) to Washburn & Key to cover legal fees and court costs for the removal of the restrictive covenants from the real estate to be transferred to Theodore T. Myre, M.D., et al. 540 SECTION 3. In order to implement this ordinance, an emergency is hereby declared to exist and this ordinance shall be effective upon one reading. JOE VITERISI Mayor Introduced and adopted by the Board.of Commissioners April 8, 1986 Recorded by Lenita Smith, City Clerk, April 8, 1986 Published by The Paducah Sun April 15, 1986.