HomeMy WebLinkAbout2010-6-7695124966
ORDINANCE NO. 2010-6-7695
AN ORDINANCE AUTHORIZING AND APPROVING PURCHASE
OF REAL PROPERTY LOCATED AT 1437 MARTIN LUTHER KING JR.
BOULEVARD, PADUCAH, MCCRACKEN COUNTY, KENTUCKY AND 1214
NORTH 14TH STREET, PADUCAH, MCCRACKEN COUNTY, KENTUCKY FOR
AND IN CONSIDERATION OF THE TOTAL SUM OF $33,500.00 AND IN
SETTLEMENT OF A FEDERAL CIVIL ACTION; AND THE SUBSEQUENT
ASSIGNMENT OF THE RIGHT AND OBLIGATION TO PURCHASE THE
PROPERTIES TO THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF PADUCAH, KENTUCKY; AND FOR THE DISMISSAL
OF THE FEDERAL CIVIL ACTION
WHEREAS, the real property located at 1437 Martin Luther King Jr.
Blvd, Paducah, McCracken County, Kentucky which is more particularly described on
Exhibit "A," attached hereto, and the real property located at 1214 North 14th Street,
Paducah, McCracken County, Kentucky which is more particularly described on Exhibit
"B," attached hereto, (collectively, the "Properties") , are currently the subject of a
condemnation proceeding instituted by the City of Paducah, Kentucky (the "City") and a
federal civil action filed in the U.S. District Court for the Western District of Kentucky;
and
WHEREAS, in order to fulfill the public purposes of the City of
revitalizing neighborhoods through the renovation of existing residential structures and
the construction of new residential structures which will maintain the historical
appearance of such area, the City has reached a settlement with the owners of the
Properties, Myra Henderson and Sandra Neal (collectively, the "Sellers"), for the
purchase of the Properties by and through its public agency, the Urban Renewal and
Community Development Agency (the "Agency"); and
WHEREAS, the Board of Commissioners of the City of Paducah concur
and find that the purchase of the "Properties" for the purchase price of Thirty Three
Thousand Five Hundred Dollars ($33,500.00) is and in the best interest of the City and to
the benefit of the citizens and residents of the City; and
WHEREAS, the Board of Commissioners of the City is desirous of
assigning all its rights and obligations to purchase the Properties in accordance with the
terms and conditions of the Sale and Purchase Contract (the "Contract"), attached hereto
and made a part hereof as Exhibit "C," to Agency; and
WHEREAS, the City having reached a settlement with the Sellers
regarding the condemnation of the Properties, the City is desirous of dismissing it claims
in the federal civil action pending before the U. S. District Court for the Western District
of Kentucky and the execution of a mutual release of all claims.
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Kentucky:
NOW, THEREFORE, BE IT ORDAINED, by the City of Paducah,
Section 1. Recitals and Authorizations. The Board of Commissioners of
the City of Paducah hereby approves and consents to the purchase and acquisition of the
"Properties" from the "Seller," for the purchase price equal to Thirty Three Thousand
Five Hundred Dollars ($33,500.00) in accordance with the terms and conditions of the
Contract and the settlement of the condemnation proceedings and the civil action pending
before the U. S. District Court for the Western District of Kentucky. It is hereby found
and determined that the acquisition is 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 Contract and a mutual release of all claims against the Sellers in
the federal lawsuit and any other documentation necessary to dismiss the federal lawsuit.
Section 2. Recitals and Authorizations. The Board of Commissioners
hereby authorizes corporate counsel, on behalf of the City, to consent to and agree to a
dismissal of the federal lawsuit.
Section 3. Recitals and Authorizations. The Board of Commissioners of
the City of Paducah hereby approves and consents to the assignment of all its rights and
obligations under the Contract to the Agency. It is further determined that the Mayor, on
behalf of the City of Paducah, Kentucky, is hereby authorized to execute the Assignment
in substantially the form attached hereto as Exhibit "D."
Section 4. Funding of the Purchase Price. The Finance Director is hereby
authorized to fund the purchase price of $20,000 for 1437 Martin Luther King Blvd., project
account CD0040 and the purchase price of $13, 500 for 1214 North 14th Street, project account
CD0041, and any other costs necessary to consummate the purchase authorized herein.
Section 5. Corporate Counsel is hereby authorized to conduct such due
diligence and investigation as it deems necessary and in the best interest of the City and
Agency. Further Corporate Counsel is authorized to prepare the general warranty deed
and any other documents necessary to accomplish and consummate the purchase and
acquisition of the Properties by Agency in accordance with this Ordinance.
Section 6. Severability. 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 7. Compliance With Open Meetings Laws. The City Commission hereby
finds and determines that all formal actions relative to the adoption of this Ordinance 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 8. Conflicts. 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.
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Section 9. Effective Date. This Ordinance shall be read on two separate days and
will become effective upon summary publicationurp suant to VRS Chapter 424.
ATTEST:
J&iwma44S,
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, June 8, 2010.
Adopted by the Board of Commissioners, June 22, 2010.
Recorded by Tammara S. Brock, City Clerk, June 22, 2010.
Published by The Paducah Sun, June 28, 2010.
\ord\plan\property settlement -1437 MLK & 1214 N 14th
10,14011:311I_\
LEGAL DESCRIPTION OF 1437 MARTIN LUTHER KING BOULEVARD,
PADUCAH, MCCRACKEN COUNTY, KENTUCKY
Beginning at the Northeast Corner of the Interior Section of Clay Street and North 15th
Street in Paducah, Kentucky; thence in an easterly direction with the northerly line of
Clay Street 30 feet; thence at right angles and in a northerly direction towards Park
Avenue 115 feet; thence at right angles and in a westerly direction 30 feet to the easterly
line of North 15th Street; thence in a southerly direction with said last mentioned line 115
feet to the point of beginning.
Being the same property conveyed to Rexie F. Neal (AKA Rexie Griffin) by Deed dated
November 19, 1964, of record in Deed Book 462, Page 337, McCracken County Clerk's
office. Rexie F. Neal is deceased and in accordance with her Last Will and Testament of
record in Will Book HHH, Page 600, McCracken County Clerk's office, the property was
devised to Myra Henderson and Sandra Neal.
M
EXHIBIT B
LEGAL DESCRIPTION OF 1214 NORTH 14TH STREET, PADUCAH, MCCRACKEN
COUNTY, KENTUCKY
Being Lot No. 4, in block #65 of Harris, Flourney, Trimble and Norton's addition to the
City of Paducah, and also being known as Faxon's Subdivision of said block #65. Said
Lot #4 lies on the northerly side of 14th Street and fronts 40 feet thereon, extending back
in uniform width in a northerly direction 175 feet on the line of an alley. Said Lot and
block are shown in Plat Book 3, Page 37, in the office of Commissioner of Public Works
of the City of Paducah Kentucky.
Being the same property conveyed to Myra Henderson and Sandra Neal by Deed dated
April 1, 1999, of record in Deed Book 932, Page 648, McCracken County Court Clerk's
office.
A
L EXHIBIT
-- SALE AND PURCHASE CONTRACT —
The City of Paducah, Kentucky, hereinafter collectively referred to as "Buyer", agree to
purchase from Sandra Neal and Myra Henderson, hereinafter collectively referred to as
"Seller', the following described improved properties, with all improvements and
appurtenance thereunto belonging, known as 1437 Martin Luther King Jr. Blvd. and 1214
North 14"' Street, Paducah, KY (the "Property")
1. PURCHASE PRICE: The purchase price for the Property shall be the amount of
twenty thousand dollars ($20,000) for 1437 Martin Luther King Jr. Blvd. And thirteen
thousand five hundred dollars ($13,500) for 1214 North 14t�` Street for a total of thirty three
thousand five hundred dollars ($33,500) for both properties payable as follows:
A. Cash at closing of sixteen thousand seven hundred fifty dollars & No/100 ($16,750)
payable to Myra Henderson;
B. Cash at closing of sixteen thousand seven hundred fifty dollars & No/100 ($16,750)
payable to Sandra Neal, less all payments required to lien holders to clear title to the
property;
C. Pending Approval City of Paducah Commission
2. PROPERTY INCLUDED: The term Property as herein used shall include all
fixtures such as screens, flooring, stone doors and windows, lighting, heating and plumbing
equipment, plus all articles so attached or built in which, if removed, would leave premises in
a damaged, incomplete or unfinished condition.
3. DEED: At closing, upon the Purchase Price being paid as provided in Paragraph
1 hereof, an unencumbered marketable title to the Property shall be conveyed to Buyer by
deed of general warranty with the usual covenants such as any national title company would
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insure, free and clear of all liens and encumbrances except such easements, restrictions and
agreements now of record affecting the property. Should the title to the property appear
defective, Seller shall have thirty (30) days after receipt of notice from Buyer of such defect
or defects within which to remedy same at cost of Seller.
4. CLOSING COSTS: Buyer shall pay for the opinion of title, if any, and all other
closing costs.
5. PRORATIONS: Property taxes to be prorated as of the date of closing.
6. CLOSING: This transaction shall close within 60 days of execution of this
contract.
T. EARNEST MONEY: None.
8. POSSESSION: Possession of the property shall be given to Buyer at closing.
9. RISK OF LOSS OR DAMAGE: All risk of loss or damage to the Property by fire,
windstorm, casualty, or other cause shall remain with Seller until date of closing. If the
Property is destroyed or materially damaged by any of the aforementioned, this Contract
shall be null and void at the option of the Buyer and the earnest money refunded.
10. MAINTENANCE : Until physical possession is delivered to Buyer, Seller agrees
to maintain any heating, cooling, plumbing, electrical systems, and any built-in appliances
and equipment in normal operating condition capable of continued service.
11. BROKER REPRESENTATION:'The parties warrant that no real estate brokers
or salespersons are representing the parties in this transaction and that each shall indemnify
the other from any claim for such real estate commission arising from their respective acts.
12. SPECIAL CONDITIONS:
A. Inspection: LXJ Buyer waives all inspections of the property and relies solely
upon the Buyer's examination of the property and releases Seller and brokers from
any and all liability relating to any defect or deficiency affecting the property. This
release shall survive the closing. Seller is selling the property "as is," with no
warranties, implied or express as to the Property's fitness for its intended use.
B. Dismissal of Federal Lawsuit: A Full and Final Release of all Claims regarding the
Federal Lawsuit between Buyer and Seller shall be executed at closing prior to the
disbursement of sale proceeds.
C. Tenants in Possession: All tenants shall be properly evicted and the premises
vacated prior to closing.
D. Power of Sale: All legal documents relating to a Power of Attorney or Guardianship
appointment over Sandra Neal must be provided for review prior to closing. Said
legal document must be filed of record with the McCracken County Clerk prior to the
execution and recording of the closing documents.
E. City Liens: Buyer shall execute a release of all liens held against the property at the
time of closing.
F. Judgment Liens: All judgment liens filed against Sandra Neal must be satisfied at the
time of closing. Payoff letters from said lien holders must be obtained prior to closing
as well as a letter of intent to release said liens upon receipt of payoff funds. Payoff
of all liens will be collected and paid through closing.
G. Spousal interest:: Any spouse of Myra Henderson or Sandra Neal must execute the
deed of conveyance of said property.
H. Attorney Fees: Each Seller is responsible for her own attorney's fees incurred for
legal representation concerning this legal matter and the resolution thereof. Buyer is
is 0
responsible for its own attorney's fees incurred for legal representation concerning
this legal matter and the resolution thereof.
13. ENTIRE AGREEMENT: Buyer and Seller have read the entire contents of this
Contract, agree that all terms and conditions pertinent hereto are included in this writing, and
agree that no verbal agreements or understandings of any kind shall be binding upon the
parties.
14. TIME: Time is of the essence in this entire Contract.
DATE:
Buyer
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TE:
125559
EXHIBITI)
ASSIGNMENT OF PURCHASE AGREEMENT
This ASS]CiNMI N'f OI- PEJIZCI-IASi:; AGIZ1:;I MEN'I', made and entered into this
day of Junc. 2010. by and between CITY 01" PADUCAI-1. KE:N"I'UCKY, whose address is Post
Office Box 2267, Paducah. Kentucky 42002-2267 ("Assignor,") and UR13AN RENEWAL AND
COMMUNITY I)1?VI7L.OPMEN"i' AGENCY 017 THE CITY 01" PADUCAH, KENTUCKY, a
body politic and corporate, created and acting pursuant to the laws of the state of' Kentucky,
whose address is Post Office Box 2267, Paducah, Kentucky 42002-2267, ("Assignee.")
WITNESSETH:
W1-IEREAS, on the _ day of , 2010. Assignor, as 131.1yer, and
Myra Henderson and Sandra Ncal, collectively as Seller, (hereinafter referred to as "Seller'") did
enter into a Sale and Purchase Contract ("Agreement') Wherein Seller did accept an offer from
Assignor to purchase Seller's real property as described therein: and
WI-IERE:AS. Assignor desires to assign and transfer unto Assignee the rights. title,
privileges. Interests and Obligations thCI'Cunder: and
WFIEREAS, Seller is agreeable of the Assignment from Assignor to Assignee as
the Assignee is a governmental agency of the Assignor.
NOW, -1-1-11-HR]"F'ORE'. in consideration of carrying out the foregoing premises,
and other valuable consideration, the legal adequacy and sufficiency ofwhich is hereby
acknowledged by all parties heI'eto, the parties do covenant and agree as flollows:
I . Assip_nment. Assignor does hereby irrevocably assign and transfer unto
Assignee, and Assignee does hereby accept. the Agreement, and all rights, title, privileges,
interests, and obligations thereunder. A copy of the original Purchase Agreement is attached
hereto as Exhibit "A."
2. Assumption of Obligations. In accepting this Assignment. Assignee does hereby
expressly assume all obligations and liabilities of -Assignor under the Agreement.
I
. Rights and Remedies. In the event Seller fails to consummate the sale in the
manner as required under the Agreement, or otherwise fails to comply with and satisfy all
warranties and representations made by Seller thereunder, it is understood and acknowledged
between the parties that Assignee shall have all rights and remedies o1 -Assignor under the
Agreement with regard to same. and the enforcement of -the Agreement in accordance with its
terms and provisions.
4. Miscellaneous Provisions. This Assignment shall be binding, upoiy the parties
hereto, and their heirs, successors. and assigns.
Wi-['N['SS our sign�Uures on the date first written above.
CITY OF PADUCAH, KENTUCKY UR13AN RENEWAL AND
COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF PADUCAH
By
Title
KENTUCKY
By
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