HomeMy WebLinkAbout2018-08-8543213515
ORDINANCE NO. 2018-8-8543
AN ORDINANCE AUTHORIZING AND APPROVING THE
TRANSFER OF SURPLUS MUNICIPALLY OWNED REAL
PROPERTY LOCATED AT 5455 COMMERCE DRIVE,
PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE
PADUCAH-MCCRACKEN COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY FOR PURPOSES OF ECONOMIC
DEVELOPMENT, INCLUDING THE EXECUTION OF THE DEED
OF CONVEYANCE AND DECLARING AN EMERGENCY TO
EXIST
WHEREAS, the City of Paducah ("City") and County of McCracken, Kentucky
("County") are the present owners of certain surplus real property located at 5455 Commerce
Drive in Paducah, McCracken County, Kentucky upon which is situated a spec industrial
building, which real property is more particularly described in Exhibit A attached hereto and
made a part hereof (the "Property"); and
WHEREAS, the City has determined that the Property is no longer necessary,
appropriate, or in the best interests of the operations of the City and its citizens, and that the
Property should be transferred to the Paducah -McCracken County Industrial Development
Authority (the "Authority") as surplus real estate for economic development purposes; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. Recitals and Authorizations. The Board of Commissioners hereby declares
the Property to be surplus property as it relates to the operations of the City. Further, the Board
of Commissioners hereby approves the transfer of the Property to the Authority for economic
development purposes. Further, the Mayor of the City of Paducah, Kentucky, be and is hereby
authorized to execute and deliver a general warranty deed of conveyance of the Property (See
Exhibit B , together with all other documentation necessary to effectuate the transfer of the
Property.
Section 2. Severability. If any section, paragraph or provision of this Municipal Order
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 3. Compliance With Open Meetings. 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 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 4. 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.
Section 5. Emergency Declared. Pursuant to KRS 83A.060, the City Commission
suspends the requirement of a second reading of this ordinance. As grounds therefor, the City
Commission does hereby declare an emergency to exist as to the execution of the Purchase
Agreement. Specifically, any delay in the execution of the Purchase Agreement could adversely
impact the sale of the Property to Buyer.
Section 6. Effective Date. This ordinance shall become effective upon the first
reading of this ordinance and upon summary publication pursuant to KRS Chapter 424.
Mayor Brandi Harless
ATTEST:
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City erk, Lindsay P ish
Introduced and adopted by the Board of Commissioners August 7, 2018
Recorded by Lindsay Parish, City Clerk, August 7, 2018
Published by The Paducah Sun,i i -± q , O 19,1
Ord\emergency-surplus property trans 5455 Commerce Drive IDA Spec
Ordinance & Summary prepared by Denton Law Firm
EXHIBIT A TO ORDINANCE
THE PROPERTY
5455 Commerce Center
Paducah, Kentucky
BEING TRACT C, CONSISTING OF 10.2007 ACRES, IN
INDUSTRIAL PARK WEST, AS SHOWN ON THE WAIVER
OF SUBDIVISION PLAT AT INDUSTRIAL PARK WEST TO
CREATE NEW TRACT F AND REVISE TRACT C OF
RECORD IN PLAT SECTION "L," PAGE 1308, IN THE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
SUBJECT TO DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS FOR INDUSTRIAL
PARK WEST OF RECORD IN DEED BOOK, 1186, PAGE 67,
AND RERECORDED IN DEED BOOK 1186, PAGE 643, IN
THE AFORESAID CLERK'S OFFICE.
BEING THE SAME PROPERTY CONVEYED TO CITY OF
PADUCAH, KENTUCKY AND COUNTY OF MCCRACKEN,
KENTUCKY, BY DEED DATED APRIL 9, 2014, OF RECORD
IN DEED BOOK 1274, PAGE 735, IN THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
EXHIBIT B TO ORDINANCE
DEED OF CONVEYANCE
THIS DEED made and entered into this the day of
2018, by and between CITY OF PADUCAH, KENTUCKY, a municipal corporation of the
home rule class existing under the laws of the Commonwealth of Kentucky, and a body politic
and corporate, whose address is Post Office Box 2267, Paducah, Kentucky 42002-2267, and
COUNTY OF MCCRACKEN, KENTUCKY, a body politic and corporate, of 301 South 6h
Street, Paducah, KY 42003 (collectively, "Grantor") and PADUCAH-MCCRACKEN COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, a governmental agency and instrumentality of
the City of Paducah and the County of McCracken, Kentucky, of P. O. Box 1155, Paducah,
Kentucky 42002-1155 ("Grantee");
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of $1.00, cash in hand paid
by Grantee to Grantor, the receipt of which is hereby acknowledged, Grantor sold and does by
these presents grant, bargain, sell, alien and convey unto Grantee, its successors and assigns
forever, together with all the improvements, appurtenances and rights thereunto belonging, the
following described property, lying and being in McCracken County, Kentucky, and more
particularly described as follows:
BEING TRACT C, CONSISTING OF 10.2007 ACRES, IN
INDUSTRIAL PARK WEST, AS SHOWN ON THE WAIVER
OF SUBDIVISION PLAT AT INDUSTRIAL PARK WEST TO
CREATE NEW TRACT F AND REVISE TRACT C OF
RECORD IN PLAT SECTION "L," PAGE 1308, IN THE
MCCRACKEN COUNTY COURT CLERK'S OFFICE.
SUBJECT TO DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS FOR INDUSTRIAL
PARK WEST OF RECORD IN DEED BOOK, 1186, PAGE 67,
AND RERECORDED IN DEED BOOK 1186, PAGE 643, IN
THE AFORESAID CLERK'S OFFICE.
BEING THE SAME PROPERTY CONVEYED TO CITY OF
PADUCAH, KENTUCKY AND COUNTY OF MCCRACKEN,
KENTUCKY, BY DEED DATED APRIL 9, 2014, OF RECORD
IN DEED BOOK 1274, PAGE 735, IN THE MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
TO HAVE AND TO HOLD the same, together with all improvements thereon
and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns
forever, with Covenant of General Warranty, except easements, covenants and restrictions of
record.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is:
$400,000.00.
The recording of this deed is exempt from the real estate transfer tax pursuant to
KRS 142.050(7)(b).
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
GRANTOR:
CITY OF PADUCAH, KENTUCKY COUNTY OF MCCRACKEN,
KENTUCKY
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By
Title
GRANTEE:
PADUCAH-MCCRACKEN COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY
LIZ
Title
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
II:
Title
The foregoing instrument was sworn and acknowledged before me this day of
2018, by Major Brandi Harless of CITY OF PADUCAH, KENTUCKY, a
municipal corporation of the home rule class existing under the laws of the Commonwealth of
Kentucky, and a body politic and corporate, on behalf of said entity, Grantor.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day of
2018, by Judge Executive Bob Leeper of COUNTY OF MCCRACKEN,
KENTUCKY, a body politic and corporate, on behalf of said body, Grantor.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day of
, 2018, by ,
(title) of Paducah -McCracken County Industrial Development Authority, on behalf of said
corporation, Grantee.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
This instrument prepared by:
DENTON LAW FIRM, PLLC
P. O. Box 969
Paducah, KY 42002-0969
Send 2018 tax bill to:
GPEDC, Inc.,
P O Box 1155
Paducah, KY 42002-1155