Loading...
HomeMy WebLinkAbout2010-8-7727ORDINANCE NO. 2010-8-7727 AN ORDINANCE AUTHORIZING AND APPROVING THE DONATION OF TRACT I CONSISTING OF 0.0954 ACRES AND TRACT II CONSISTING OF 0.0095 ACRES OF REAL PROPERTY LOCATED AT 2601 N. 10th STREET, PADUCAH, McCRACKEN COUNTY, KENTUCKY, AND THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND A PERPETUAL ACCESS AND MAINTENANCE EASEMENT FROM F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, 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 acquire the real property located at 2601 N. 10th Street, Paducah, McCracken County, Kentucky which is more particularly described on Exhibit "A," attached hereto (the "Property"), together with a temporary construction easement and perpetual access and maintenance easement more particularly described on Exhibit `B", attached hereto (the "Easements"), 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 donation of the Property from F. Michael Boatwright and wife, Iva Kaloia Boatwright, (the "Boatwrights"), the Property having an estimated fair market value of Two Thousand Dollars ($2,000.00); and WHEREAS, the Board of Commissioners of the City of Paducah has further reached an agreement with the Boatwrights for the purchase of the Easements for and in consideration of the amount of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00); and WHEREAS, the Board of Commissioners of the City of Paducah concur and find that the donation of the Property and the acquisition of the Easements for the consideration amount of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) 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 donation of the Property and the acquisition of the Easements from the Boatwrights for the consideration amount of Ten Thousand Seven Hundred.Fifty Dollars ($10,750.00). 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, the deeds of easement, and any other documents necessary to accomplish and consummate the donation of the Property and the acquisition of the Easements from the Boatwrights in accordance with this Ordinance. SECTION 2. The Finance Director is hereby authorized to make said expenditure approved in Section 1 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, the deeds of easement, and any other documents necessary to accomplish and consummate the purchase and acquisition of the Property and Easements from the Boatwrights 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 ATTEST: Sa 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 2601 N 10th E EXHIBIT "A" TRACT I BEING A CERTAIN TRACT OF LAND CONTAINING 0.0954 +/- ACRES SUBDIVIDED FROM ORIGINAL TRACT II AS SET FORTH ON THE WAIVER OF SUBDIVISION OF TRACTS II AND III OF THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., DATED SEPTEMBER 17, 2009, OF RECORD IN PLAT SECTION , PAGE MCCRACKEN COUNTY COURT CLERK'S OFFICE. i TRACT II BEING A CERTAIN TRACT OF LAND CONTAINING 0.0095 +/- ACRES SUBDIVIDED FROM ORIGINAL TRACT III AS SET FORTH ON THE WAIVER OF SUBDIVISION OF TRACTS II AND III OF THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., DATED SEPTEMBER 17, 2009, OF RECORD IN PLAT SECTION , PAGE MCCRACKEN COUNTY COURT CLERK'S OFFICE. BEING A PART OF THE SAME PROPERTY CONVEYED TO F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, BY DEED DATED FEBRUARY 19, 1981, OF RECORD IN DEED BOOK 635, PAGE 346, MCCRACKEN COUNTY COURT CLERK'S OFFICE. 3 126068.doc EXHIBIT "B" PERPETUAL ACCESS AND MAINTENANCE EASEMENT A PERMANENT 20 FOOT WIDE ACCESS AND MAINTENANCE EASEMENT RUNNING ALONG, ACROSS AND THROUGH ORIGINAL TRACTS II AND III AS SET FORTH ON THE WAIVER OF SUBDIVISION OF TRACTS II AND III OF THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., DATED SEPTEMBER 17, 2009, OF RECORD IN PLAT SECTION , PAGE MCCRACKEN COUNTY COURT CLERK'S OFFICE. BEING A PART OF THE SAME PROPERTY CONVEYED TO F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, BY DEED DATED FEBRUARY 19, 1981, OF RECORD IN DEED BOOK 635, PAGE 346, MCCRACKEN COUNTY COURT CLERK'S OFFICE. TEMPORARY CONSTRUCTION EASEMENT BEING THAT CERTAIN TEMPORARY CONSTRUCTION EASEMENT CONTAINING 0.7481+/- ACRES AS SET FORTH ON THE TEMPORARY CONSTRUCTION EASEMENT DRAWING OF THE F. MICHAEL BOATWRIGHT AND IVA KALOIA BOATWRIGHT PROPERTY FOR THE CITY OF PADUCAH, PREPARED BY FLORENCE AND HUTCHESON, INC., AND DATED JUNE 30, 2010, ATTACHED HERETO AND MADE A PART HEREOF AS APPENDIX "A". BEING A PART OF THE SAME PROPERTY CONVEYED TO F. MICHAEL BOATWRIGHT AND WIFE, IVA KALOIA BOATWRIGHT, BY DEED DATED FEBRUARY 19, 1981, OF RECORD IN DEED BOOK 635, PAGE 346, MCCRACKEN COUNTY COURT CLERK'S OFFICE. El