The URL can be used to link to this page

Home My WebLink About2009-12-7639119627wr2 ORDINANCE NO. 2009-12-7639 AN ORDINANCE AUTHORIZING AND APPROVING THE ACQUISITION IN FEE OF THE REAL PROPERTY FROM THE PADUCAH-MCCRACKEN COUNTY CONVENTION CENTER CORPORATION USED IN CONNECTION WITH THE OPERATION OF THE HOTEL FACILITY KNOWN GENERALLY AS THE `EXECUTIVE INN", FOR THE PUBLIC PURPOSE OF PROMOTING AND FOSTERING TOURISM AND CONVENTION ACTIVITY WHEREAS, in the latter part of the 1970s, the City of Paducah and McCracken County jointly endeavored to create a hotel and convention center complex in downtown Paducah, and to carry out such endeavor, incorporated the Paducah -McCracken County Convention Center Corporation ("CCC") to act as an agency and instrumentality of the City and County in the planning, promoting, development, financing, and acquisition of a hotel and convention center complex; and WHEREAS, the CCC is now the present fee owner of all of the real property which comprises the hotel known as the Executive Inn (the. "Hotel") and the convention center known as the Julian M. Carroll Convention Center, and the Paducah Expo Center (the "Convention Center"), located at 1 Executive Boulevard, Paducah, Kentucky 42001, which real property is more particularly described on Annex 1 attached hereto; and WHEREAS, it is the consensus of the Board of Commissioners that the acquisition in fee of the Hotel serves the best interest of the public, preserves and protects the City's investment and interests in the Hotel and the Convention Center, and assures the continuity of prudent and reasonable operations of the Hotel to accomplish the objectives of the City in promoting tourism and convention activity. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners of the City of Paducah hereby approves and authorizes the acquisition in fee of the Hotel from the CCC for nominal consideration. It is hereby found and determined that the acquisition of the real property is to be used for the public purposes of the City. The Mayor, on behalf of the City of Paducah, Kentucky, is hereby authorized to enter into and execute a special warranty deed with the CCC for the acquisition of the Hotel and any other documentation necessary to accomplish and consummate the acquisition in accordance with this Ordinance. SECTION 2. The Board of Commissioners of the City of Paducah further authorizes and approves the termination of the long term leases currently held by the City, as tenant, and the CCC, as landlord, for the use and operation of the Hotel and the Convention Center; and the Mayor, on behalf of the City of Paducah, Kentucky, is hereby authorized to enter into and execute a termination of lease agreement with the CCC in order to effectuate such termination. SECTION 3. Corporate Counsel is hereby authorized to prepare or review and approve the special warranty deed, termination of lease agreement, and any other documentation necessary to accomplish and consummate the acquisition in fee of the Hotel from the CCC and the termination of the aforesaid leases in accordance with this Ordinance. SECTION 4. 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 5. This City Commission hereby finds and determines that all formal action, 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 6. 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. 2 SECTION 7. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: JWMIYXe� S- 6AV Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, December 8, 2009 Adopted by the Board of Commissioners, December 15, 2009 Recorded by City Clerk, December 15, 2009 Published by The Paducah Sun, December 18, 2009 \ord\ex inn acquisition -land -CCC (00119627)(2) 3 ANNEX 1 The Real Property Description of the Hotel: Being all real property comprising Lease Tracts 1 and 3, as depicted on the plat entitled "Waiver of Subdivision for the City of Paducah - Paducah -McCracken County Convention Center Corporation -Paducah, McCracken County, Kentucky" as surveyed by Jeffrey K. Clark, PLS -#3117, of record in Plat Book "L," Page 1354 and 1355, in the Office of the McCracken County Clerk. Less, Except and Reserved by the City of Paducah, Kentucky, the City of Paducah Floodwall right of way running along the southwesterly line of the herein conveyed real property. The exact location of said floodwall is depicted in the U. S. Engineers floodwall survey, said survey being of record in the Office of the Paducah City Engineer. Less, Except, and Reserved by the City of Paducah, Kentucky all utility easements, and appurtenant rights thereto, held by Grantor on over, and under any portion of the herein conveyed real property. Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by Kentucky Utilities Company and The Electric Plant Board of the City of Paducah d/b/a Paducah Power on June 14, 1982, said deed appearing at Deed Book 646, Page 612, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by Federal Materials Company on August 13, 1980, said deed appearing at Deed Book 630 Page 711, in the Office of the McCracken County Clerk; and Being the same property quit claimed to the Paducah -McCracken County Convention Center Corporation by Federal Materials Company on August 13, 1980, said deed appearing at Deed Book 630, Page 717, in the Office of the McCracken County Clerk, title in a portion of the property described therein having been quieted in the Paducah - McCracken County Convention Center Corporation by McCracken Circuit Court Civil Action No. 86 -CI -588, a record of the same appearing at Encumbrance Book 22, Page 181, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the Illinois Central Gulf Railroad Company and the Citizens Bank and Trust Company of Paducah, as Trustee for John L. Beven and Charlotte Beven, his wife, on April 6,1981, said deed appearing at Deed Book 637, Page 333, in the Office of the McCracken County Clerk; the Illinois Central Gulf Railroad Company having released its reversionary interest in the same on August 18, 1981, said deed of release appearing at Deed Book 640, Page 79, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the Electric Plant Board of the City of Paducah d/b/a Paducah Power on March 18, 2005, said deed appearing at Deed Book 1060, Page 653, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the City of Paducah by deed dated April 14, 2005, appearing at Deed Book 1064, Page 565, in the Office of the McCracken County Clerk. 2 Description of the Convention Center: Tract 1 Being all real property comprising Lease Tract 2, as depicted on the plat entitled "Waiver of Subdivision for the City of Paducah - Paducah -McCracken County Convention Center Corporation -Paducah, McCracken County, Kentucky" as surveyed by Jeffrey K. Clark, PLS #3117, of record in Plat Book "L," Page 1354 and 1355, in the Office of the McCracken County Clerk. Less, Except and Reserved by the City of Paducah, Kentucky, the City of Paducah Floodwall right of way running along the southwesterly line of the herein conveyed real property. The exact location of said floodwall is depicted in the U. S. Engineers floodwall survey, said survey being of record in the Office of the Paducah City Engineer. Less, Except, and Reserved by the City of Paducah, Kentucky all utility easements, and appurtenant rights thereto, held by Grantor on over, and under any portion of the herein conveyed real property. Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by Kentucky Utilities Company and The Electric Plant Board of the City of Paducah d/b/a Paducah Power on June 14, 1982, said deed appearing at Deed Book 646, Page 612, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by Federal Materials Company on August 13, 1980, said deed appearing at Deed Book 630 Page 711, in the Office of the McCracken County Clerk; and Being the same property quit claimed to the Paducah -McCracken County Convention Center Corporation by Federal Materials Company on August 13, 1980, said deed appearing at Deed Book 630, Page 717, in the Office of the McCracken County Clerk, title in a portion of the property described therein having been quieted in the Paducah - McCracken County Convention Center Corporation by McCracken Circuit Court Civil Action No. 86 -CI -588, a record of the same appearing at Encumbrance Book 22, Page 181, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the Illinois Central Gulf Railroad Company and the Citizens Bank and Trust Company of Paducah, as Trustee for John L. Beven and Charlotte Beven, his wife, on April 6, 1981, said deed appearing at Deed Book 637, Page 333, in the Office of the McCracken County Clerk; the Illinois Central Gulf Railroad Company having released its reversionary interest in the same on August 18, 1981, said deed of release appearing at Deed Book 640, Page 79, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the Electric Plant Board of the City of Paducah d/b/a Paducah Power on March 18, 2005, said deed appearing at Deed Book 1060, Page 653, in the Office of the McCracken County Clerk; and Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the City of Paducah by deed dated April 14, 2005, appearing at Deed Book 1064, Page 565, in the Office of the McCracken County Clerk. Tract 2: A tract of land lying north of the flood protection wall and 95 +/- feet easterly from Campbell Street extended and North 48 degrees 47'38" East, 326.34 feet from the centerline intersection of North 6th Street and Campbell Street in the City of Paducah, 5 McCracken County Kentucky, being more particularly described as follows: Beginning at 5/8"x24" iron rebar w/cap (set) PLS #3117in the southerly line of the Midwest Terminal Inc. property Tract B of record in Deed Book 688, Page 812, said point being located North 39 degrees 44'41" West, 18.27 feet from a 3/8" iron rebar (fnd) and a %" iron rebar w/cap F&H (fnd); thence with the southerly line of Midwest Terminal, Inc. North 41 degrees 34'42" East, 70.49 feet to a point; thence continuing with the Midwest Terminal, Inc. property North 31 degrees 49'12" East, 481.74 feet to a point in the meander line of the Ohio River as determined by Florence & Hutcheson Barkley Park Boundary Survey dated March 1981; thence with said meander line South 51 degrees 09'31" East, 30.42 feet to a point in said meander line; said point being located North 28 degrees 44'42" East, 397.27 feet from a 4"x4" concrete monument PMC -55; thence leaving the meander line and with the northerly line of the Paducah -McCracken County Convention Center Corporation property of record in Deed Book 646, Page 612 South 31 degrees 49'12" West, 493.61 feet to a 5/8"x24" iron rebar w/cap(set) PLS #3117; thence continuing with said line South 30 degrees 47'49" West, 68.35 feet to a 5/8"x24" iron rebar w/cap (set) PLS #3117; then North 39 degrees 44'41" West, 45.70 feet to the point of beginning, containing 0.3980 acres orl7,336.1 square feet. Subject property being the same property as determined by SCI Surveyors, Inc. Jeffrey K. Clark, PLS #3117 dated February 23, 2005. Being the same property conveyed to the Paducah -McCracken County Convention Center Corporation by the Paducah & Louisville Railway, Inc., by deed dated April 12, 2005, said deed appearing at Deed Book 1064, Page 561, in the Office of the McCracken County Clerk. Tract 3: All right, title and interest in the Encroachment Agreement granted to the Paducah - McCracken County Convention Center Corporation by Midwest Terminal, Inc., by instrument dated March 16, 2005, appearing at Deed Book 1061, Page 98, in the Office of the McCracken County Clerk. M