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HomeMy WebLinkAbout2010-8-7726ORDINANCE NO. 2010- 8-7726 AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF 0.1408 ACRES OF REAL PROPERTY LOCATED AT 2400 N. 8th STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, AND THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FROM GENE W. EDWARDS AND WIFE, ANN M. EDWARDS, 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 2400 N. 8th Street, Paducah, McCracken County, Kentucky which is more particularly described on Exhibit "A," attached hereto (the "Property"), and to acquire a temporary construction easement more particularly described on Exhibit `B," attached hereto (the "Easement"), for purposes of the development of the Greenway Trail (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 Gene W. Edwards and wife, Ann M. Edwards, (the "Edwards") for the purchase price of Two Thousand Dollars ($2,000.00); and WHEREAS, the Board of Commissioners of the City of Paducah has reached an agreement to acquire the Easement from the Edwards for the consideration of Four Thousand Dollars ($4,000.00); 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 Two Thousand Dollars ($2,000.00) and the acquisition of the Easement for the purchase price of Four Thousand Dollars ($4,000.00) 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 the Edwards, for the purchase price of Two Thousand Dollars ($2,000.00), and the acquisition of the Easement from the Edwards, for the consideration of Four Thousand Dollars ($4,000.00) 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 and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property and Easement from the Edwards in accordance with this Ordinance. SECTION 2. The Finance Director is hereby authorized to make said expenditure approved in Section 2 from project account PA0078. SECTION 3. 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, temporary construction easement and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property and the Easement from the Edwards 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 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 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. SECTION 7. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. 1►/G • C ATTEST: City Clerk Introduced by the Board of Commissioners, July 27, 2010 Adopted by the Board of Commissioners, August 10, 2010 Recorded by City Clerk, August 10, 2010 Published by The Paducah Sun, August 16 , 2010 \ord\parks\prop-gw trail 2400 N 8h 2 EXHIBIT "A" BEING A CERTAIN TRACT OF LAND CONTAINING 0.1408+/ - ACRES SUBDIVIDED FROM THE ORIGINAL TRACT AS SET FORTH ON THE WAIVER OF SUBDIVISION OF THE GENE W. AND ANN M. EDWARDS PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., DATED NOVEMBER 23, 2009, OF RECORD IN PLAT SECTION , PAGE MCCRACKEN COUNTY COURT CLERK'S OFFICE. BEING A PART OF THE SAME PROPERTY CONVEYED TO GENE W. EDWARDS AND WIFE, ANN M. EDWARDS, BY DEED DATED DECEMBER 6, 1983, OF RECORD IN DEED BOOK 660, PAGE 154, MCCRACKEN COUNTY COURT CLERK'S OFFICE. 3 126066.doc EXHIBIT "B" BEING THAT CERTAIN TEMPORARY CONSTRUCTION EASEMENT CONTAINING 1.2652 ACRES +/- AS SET FORTH ON THE WAIVER OF SUBDIVISION OF THE TEMPORARY CONSTRUCTION EASEMENT DRAWING GENE W. AND ANN M. EDWARDS PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., AND DATED JUNE 28, 2010, ATTACHED HERETO AND MADE A PART HEREOF AS APPENDIX "A". BEING A PART OF THE SAME PROPERTY CONVEYED TO GENE W. EDWARDS AND WIFE, ANN M. EDWARDS, BY DEED DATED DECEMBER 6, 1983, OF RECORD IN DEED BOOK 660, PAGE 154, MCCRACKEN COUNTY COURT CLERK'S OFFICE. m