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HomeMy WebLinkAbout2009-12-7644119093 ORDINANCE NO. 2009-12-7644 AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF 164.7482 ACRES OF REAL PROPERTY LOCATED AT 1105 SHEEHAN BRIDGE ROAD, PADUCAH, McCRACKEN COUNTY, KENTUCKY, FROM L. WAYNE LINDSEY AND WIFE, LINDA LINDSEY, FOR THE DEVELOPMENT 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 1105 Sheehan Bridge Road, Paducah, McCracken county, Kentucky which is more particularly described on Exhibit "A," attached hereto (the "Property"), for purposes of the development of a public sports complex (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 L. Wayne Lindsey and wife, Linda Lindsey, (the "Lindsey") for the purchase price of Nine Hundred Thousand Dollars ($900,000.00); 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 Nine Hundred Thousand Dollars ($900,000.00) is in the best interest of the City. 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 Lindsey, for the purchase price of Nine Hundred Thousand Dollars ($900,000.00). 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, promissory note, mortgage agreement and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Lindsey in accordance with this Ordinance. SECTION 2. That the Board of Commissioners of the City of Paducah further authorizes the purchase of the Property for the purchase price of $900,000, plus accrued interest which shall be paid as follows: (a) the sum of Three Hundred Thousand Dollars ($300,000.00) in cash or cash equivalent shall be paid to Lindsey at time of closing; and (b) the balance of the purchase price, the sum of Six Hundred Thousand Dollars ($600,000.00), plus accrued interest on said sum at the rate of two percent (2%) per annum to be paid to Lindsey within twelve (12) months of closing, which balance shall be secured with a first mortgage lien against the Property in favor of Lindsey; and SECTION 3. The Finance Director is hereby authorized to make said expenditure approved in Section 2 from project account PA0085 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, promissory note, mortgage agreement and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property from Lindsey 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 publicationpursuant to KRS Chapter 4?d ATTEST: 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\parks\prop-sports complex 2 Gerald M. Kight EXHIBIT A Tract Description of the L. Wayne & Linda Lindsey Property on the North Side of Sheehan Bridge Road A parcel of land located on the southern side of Interstate Highway 24, on the easterly side of Clarks River, and on the north side of Sheehan Bridge Road, McCracken County, Kentucky, and being more particularly described as follows: Beginning at a concrete monument set 25 feet north of the centerline of the Sheehan Bridge Road at a corner common to the lands now or formerly owned by Betty Jo Holmes and Brenda Black as described in Deed Book 1053 Page 166 of the records of the McCracken County Court Clerk, said beginning concrete monument located approximately 1626.9 feet southwesterly along the Sheehan Bridge Road from the crossing with the centerline of Interstate Highway 24, said beginning concrete monument having Kentucky State Plane South Zone coordinates of North 1,893,863.0 and East 823,742.7; Thence, from the point of beginning and with a line 25 feet north of the centerline of the Sheehan Bridge Road, South 850 39' 14" West a distance of 250.83 feet to an iron pin set; Thence, continuing with a line 25 feet north of the centerline of the Sheehan Bridge Road, South 830 58' 08" West a distance of 438.07 feet to an iron pin set; Thence, continuing with a line 25 feet north of the centerline of the Sheehan Bridge Road, 259.13 feet along an arc to the left to an iron pin set, said arc having a radius of 325.00 feet, said arc being subtended by a chord of which is South 610 07' 38" West a distance of 252.32 feet;, Thence, continuing with a line 25 feet north of the centerline of the Sheehan Bridge Road, South 380 17' 08" West a distance of 306.61 feet to an iron pin set; Thence, continuing with a line 25 feet north of the centerline of the Sheehan Bridge Road, 177.64 feet along an arc to the right to an iron pin set, said arc having a radius of 150.00 feet, said arc being subtended by a chord of which is South 720 12' 43" West a distance of 167.44 feet; Thence, continuing with a line 25 feet north of the centerline of the Sheehan Bridge Road, North 730 51' 41" West a distance of 510.85 feet to a point in the northern right of way line of Sheehan Bridge Road; Thence, with the northern right of way line of the Sheehan Bridge Road, North 560 23' 38" West a distance of 116.60 feet to an iron pin set; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, North 740 52' 18" West a distance of 153.12 feet to an iron pin set; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, 561.06 feet along an arc to the left to an iron pin set, said arc having a radius of 1492.39 feet, said arc being subtended by a chord of which is North 870 37' 53" West, 557.76 feet; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, South 790 36' 31" West a distance of 153.12 feet to an iron pin set; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, South 780 35' 54" West a distance of 508.04 feet to an iron pin set; 3 Thence, continuing with the northern right of way line of the Sheehan Bridge Road, South 890 18' 03" West a distance of 148.09 feet to an iron pin set; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, 948.82 feet along an arc to the right to an iron pin set, said arc having a radius of 1347.39 feet, said arc being subtended by a chord of which is North 780 13' 41" West a distance of 929.34 feet; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, North 560 02' 21" West a distance of 145.53 feet to an iron pin set; Thence, continuing with the northern right of way line of the Sheehan Bridge Road, North 490 53' 22" West a distance of 310.83 feet to a point in the center of Clarks River at a corner common to the lands now or formerly owned by Fred McIntosh as described in Deed Book 1085 Page 167 of the records of the McCracken County Court Clerk; Thence, with chords subtending the meanders of the center of Clarks River in a northeasterly direction, as follows: North 600 51' 19" East a distance of 155.33 feet to a point; North 750 07' 53" East a distance of 516.05 feet to a point; North 680 12' 00" East a distance of 230.86 feet to a point; North 550 59' 04" East a distance of 220.02 feet to a point; North 510 09' 01" East a distance of 267.94 feet to a point; North 440 43' 55" East a distance of 375.16 feet to a point; North 370 51' 51" East a distance of 1401.29 feet to a point; and North 390 21' 23" East a distance of 392.21 feet to a point in the southerly right of way line of Interstate Highway 24; Thence, with the southerly right of way line of Interstate Highway 24, South 560 10' 18" East a distance of 368.17 feet to a found concrete right of way monument; Thence, continuing with the southerly right of way line of Interstate Highway 24, South 660 16' 44" East a distance of 210.00 feet to a found concrete right of way monument; Thence, continuing with the southerly right of way line of Interstate Highway 24, South 590 14' 34" East a distance of 1391.94 feet to an iron pin set; Thence, continuing with the southerly right of way line of Interstate Highway 24, South 500 25' 47" East a distance of 261.08 feet to an iron pin set; Thence, continuing with the southerly right of way line of Interstate Highway 24, South 590 14' 34" East a distance of 8.98 feet to an iron pin set at a corner common to the aforementioned lands now or formerly owned by Betty Jo Holmes and Brenda Black; Thence, with a line common to the said lands now or formerly owned by Betty Jo Holmes and Brenda Black, South 40 35' 28" East a distance of 1229.91 feet back to the point of beginning. The above described parcel encompasses 164.5260 acres, there is however included in the property 0.2222 acres in an additional 5 foot wide strip of land approximately 1943 feet long located along the northern side of the eastern end of Sheehan Bridge Road for a total this survey of 164.7482 acres more or less, being in all a portion of the same property conveyed to L. Wayne Lindsey and wife Linda Lindsey from Doris Brown by the deed dated September 13, 1993 and recorded in Deed Book 797 Page 305 of the records of the McCracken County Court Clerk. All bearings referred to in the above description are based on the Kentucky State Plane South Zone (NAD 1983). All iron pins referred to as set in the above description are 18" long 1/z" ribbed steel rebar with a 1 %" aluminum cap marked "F&H Engineers 0 LS.2547". All concrete monuments referred to as set are 4" diameter x 36" long poured concrete in a PVC tube with the same iron pin and cap imbedded and formed into the monument. All points referred to as set were placed June 4, 2008. Prepared by and in accordance with a survey performed under the supervision of: Gerald M. Kight Ky. Licensed Prof. Surveyor 2547 Florence & Hutcheson, Inc. 2550 Irvin Cobb Drive Paducah, Ky. 42003 Gerald M. Kight Date 119130 9