Loading...
HomeMy WebLinkAboutAgenda Packet 11-27-18f Amended 11/27/18 CITY COMMISSION MEETING AGENDA FOR NOVEMBER 27, 2018 5:30 PM CITY HALL COMMISSION CHAMBERS i 300 SOUTH FIFTH STREET x Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public ❑EPP EPP EPP Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATION Duchess of Paducah []Andrea Orr PRESENTATION Paducah Civic Beautification Board Annual Business Awards ❑Mary Hammond Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. �I CONSENT AGENDA A. Approve Minutes for November 13, 2018 B. Brooks Stadium Commission - Appointment of Samuel Brooks Goode C. Personnel Actions MO # 2184 D. Firehouse Subs Public Safety Foundation Grant Application - S KYLE MO # 2185 E. Acceptance of FYI State Homeland Security Grant Program award - B BARNHILL MO # 2186 F. 2018 Area Development Fund Award - T TRACY MO # 2187 G. Municipal Order for Change Order #1 for Flood Pump Station #2 Rehabilitation - R MURPHY MO # 2188 H. Approval of Amendments to the Administrative Plan for the Section 8 / Housing Choice Voucher Program for KY 137 - T TRACY II. ORDINANCE(S) - ADOPTION ORD # 2018- A. Transfer of Riverfront Property Pursuant to Current Survey - LISA EMMONS 11-8556 ORD # 2018- B. Closure of Alley between Brown Street and Murray Avenue - R MURPHY 11-8557 ORDINANCE(S) - INTRODUCTION A. Repeal Paducah Code of Ordinances Section 66-93- L PARISH IV. II COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners C. Comments from the Audience EXECUTIVE SESSION November 13, 2018 At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 13, 2018, at 5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). INVOCATION Commissioner Holland gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. INTRODUCTION OF NEW POLICE OFFICERS Police Chief Brandon Barnhill introduced new Paducah Police Officers Tyson Riley, Adam Brown & Derek Muscovalley to the City Commission. SWEARING IN New Police Officer Tyson Riley was sworn in by District Judge Todd Jones. PROCLAMATIONS) NATIONAL RETRIEVER COMPETITION DAY Mayor Harless presented a proclamation to Mitch Patterson proclaiming November 13, 2018, as National Retriever Competition Day in Paducah. NATIONAL HUNGER AND HOMELESSNESS AWARENESS MONTH Mayor Harless presented a proclamation to Heather Anderson proclaiming the month of November 2018, as National Hunger and Homelessness Awareness Month in Paducah. UNESCO CREATIVE CITIES MONTH Mayor Harless presented a proclamation proclaiming November 2018, as UNESCO Creative Cities Month. PRESENTATIONS) VETERANS DAY ESSAY CONTEST WINNERS Sheryl Bendick presented the 2018 Veterans Day Essay Awards to local students. First place winners in each category were asked to read their essays. The winners are as follows: Grades K — 2 1 st Place Bailey Downs 2nd Place Bennett Seaton 3rd Place Jake Davis Grades 3 — 5 1 st Place Lincoln Pope 2nd Place Emma Howard 3rd Place Hunter Korte Grades 6 — 8 1 st Place Russell Hancock 2nd Place Caroline Crice 3rd Place Elena Adkins 2nd grade Heath Elementary 2nd Grade Clark School 2nd Grade Heath Elementary 5th Grade Heath Elementary 3rd Grade Concord Elementary 5th Grade St. Mary Elementary 6th Grade Paducah Middle School 7th Grade Paducah Middle School 7th Grade Paducah Middle School Honorable Mention Ellie Farley Grades 9 —12 1 st Place Kate Criner 2nd Place Grace Raber 3rd Place Andrew Katz Honorable Mention Cole Wyatt November 13, 2018 6th Grade Paducah Middle School 11th Grade Paducah Tilghman H.S. 12th Grade Paducah Tilghman H.S. 11th Grade Paducah Tilghman H.S. 12th Grade Marshall County H.S. COMPREHENSIVE STORMWATER MASTER PLAN PHASE II - STORMWATER UTILITY Principal-In-Charge/Senior Planning Advisor John Lyons with Strand Associates gave an update on the progress for the Stormwater Master Plan Phase II. Phase I of the Comprehensive Stormwater Master Plan identified problem areas associated with flooding while Phase II of the plan involves the creation of a Stormwater Utility to fund flood mitigation projects in the identified priority areas. Residents are encouraged to attend a public meeting regarding the Comprehensive Stormwater Master Plan on Wednesday, November 14th at 5:00 p.m. at City Hall. A copy of the presentation can be located in the minute file. CONSENT AGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. Commissioner Rhodes asked that item I(E) related to the purchase of eight new police pursuit rated SUV vehicles be removed from the Consent Agenda for separate discussion. The Mayor asked the City Clerk to read the remaining items on the Consent Agenda. I(A) Minutes for the October 23, 2018, City Commission Meeting I(B) Receive & File Documents Minute File: 1. Certificate of Liability Insurance — Brookshire Concrete Construction Deed File: 1. Deed of Conveyance Studle & Associates/Wallace to COP — 1737 Martin Luther King Drive (MO #2179) 2. Deed of Conveyance Studle & Associates to COP — 1739, 1741 and 1743 Martin Luther King Drive (MO #2179) Contract File: 1. Contract For Services — Sprocket Inc. (MO #2160) 2. Contract For Services — Midtown Alliance of Neighbors (MO #2176) 3. Interlocal Agreement — COF and McCracken County Fiscal Court — Edward Byrne Justice Assistance Grant (JAG) — (MO #2174) Financials File: 1. City of Paducah Police and Firefighters Pension Fund — valuation as of July 1, 2018 2. City of Paducah Police and Firefighters Pension Fund/City of Paducah Appointive Employees' Pension Fund — Actuarial Report June 30, 2018 Bids November 13, 2018 1. Eight Police -rated SUV's — Linwood Motors Glenn's Freedom Dodge Paducah Ford Proposals 1. Proposal for Structural Engineering Services — 415 Park Street (Old Showroom Lounge) — Civil Design, Inc. (MO #2177) 2. Proposal for Market Study of a New Downtown Hotel in Paducah, KY — ConsultEcon, Inc. — (MO #2178) I(C) Appointment of Christopher B. Jones to the Paducah Tree Advisory Board to replace Joshua Tabor whose term has expired. This term shall expire July 26, 2022. I(D) Personnel Actions I(E) A MUNICIPAL TATICIP A T O DE A (''( EPT-TATG T14E BID OF PADUCAH FO D FOR S A T >~ TO T -14E CITY OF EIGHT (9) POLICE PURSUIT S IT D A T -ED S V' S TAT AN A N401 TATT OF $330,168 WIT14 OPTION TO PURCHASE CH A SE TA 7(2) ADDITIONALSV' S AT AD C A H- T14E UNIT BID PRICE BEFORE TT TAIL' 301 2019, FOR USE BY THE PADUCAH- PO TCL' DEPARTMENT D TA i ENT AND A T PTHO T7TAT('! T14E MAYOR A YO TO EXECUTE A POLICE C0NTn A !`T FOR SAME M REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION I(F) A MUNICIPAL ORDER ADOPTING CHANGE ORDER NO. 1 AND CHANGE ORDER NO. 2 TO THE LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC., FOR THE COMPUTER AIDED DISPATCH SYSTEM FOR THE CITY OF PADUCAH 911 SERVICES DEPARTMENT FOR A PRICE REDUCTION IN A TOTAL AMOUNT OF $59,745 AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDERS (M.O. # 2180; BK 10) I(G) A MUNICIPAL ORDER ADOPTING CHANGE ORDER NO. 1 TO THE SOFTWARE LICENSE/HARDWARE PURCHASE AGREEMENT WITH EQUATURE, INC., FOR THE UPGRADED RECORDING SYSTEM FOR THE CITY OF PADUCAH 911 SERVICES DEPARTMENT FOR A PAYMENT TIMELINE CHANGE AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER (M.O. # 2181; BK 10) I(H) A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 1600 ENTITLED, "A MUNICIPAL ORDER SETTING THE CHARGES FOR CONTRACTUAL OFF- DUTY SECURITY SERVICE BY PADUCAH POLICE OFFICERS AND SETTING THE PAY RATE FOR POLICE OFFICERS PERFORMING OFF-DUTY SECURITY WORK" TO INCREASE THE OFF-DUTY SECURITY HOURLY RATE (M.O. # 2182; BK 10) I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A HOUSING CHOICE VOUCHER PROGRAM MANAGEMENT AGREEMENT WITH HOUSING AUTHORITY OF PADUCAH FOR MANAGEMENT OF THE HOUSING CHOICE VOUCHER PROGRAM, ALSO KNOWN AS SECTION 8 PROGRAM (M.O. # 2183; BK 10) November 13, 2018 Mayor Harless offered motion, seconded by Commissioner Holland, that the items on the consent agenda be adopted as presented. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). MUNICIPAL ORDER PURCHASE EIGHT NEW POLICE PURSUIT RATED SUV VEHICLES FOR THE POLICE DEPARTMENT Mayor Harless offered motion, seconded by Commissioner Abraham that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE BID OF PADUCAH FORD FOR SALE TO THE CITY OF EIGHT (8) POLICE PURSUIT RATED SUV'S IN AN AMOUNT OF $330,168 WITH OPTION TO PURCHASE TWO (2) ADDITIONAL SUV'S AT THE UNIT BID PRICE BEFORE JUNE 30, 2019, FOR USE BY THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME," be adopted. After discussion, Mayor Harless offered motion, seconded by Commissioner Abraham, that the Municipal Order for the purchase of eight new Police pursuit rated SUV vehicles for the Police Department be postponed until the City Commission meeting on November 27, 2018. Motion to postpone approved on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ORDINANCE(S) — ADOPTION NOBLE PARK PECK ADDITION DESIGN CONTRACT Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BACON FARMER AND WORKMAN ENGINEERING & TESTING, INC., FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN, CONSTRUCTION DOCUMENTATION, LAND SURVEYING SERVICES AND PERMITTING ASSISTANCE FOR THE PECK MEMORIAL AND OUTDOOR LEARNING AREAS LOCATED WITHIN NOBLE PARK IN AN AMOUNT OF $36,320.00 AND AUTHORIZING THE WITHDRAWAL OF FUNDS UP TO $250,000 AS NEEDED FROM THE COMMUNITY FOUNDATION OF WEST KENTUCKY ACCOUNT ESTABLISHED BY LANE PECK FOR THE NOBLE PARK PECK ADDITION PROJECT." This Ordinance is summarized as follows: this Ordinance authorizes and approves an agreement between the City of Paducah and Bacon Farmer and Workman Engineering & Testing, Inc., for professional services relating to Peck Memorial and Outdoor Learning Areas located within Noble Park in an amount of $36,320.00. Further this ordinance authorizes the Finance Director to withdraw funds in an amount up to $250,000 as needed from the Community Foundation of West Kentucky account which was established by Mr. Lane Peck for the purpose of funding the Noble Park Peck Addition project. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). (ORD # 2018-11-8555; BK 35) ORDINANCES) — INTRODUCTION CLOSURE OF ALLEY BETWEEN BROWN STREET AND MURRAY AVENUE Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE November 13, 2018 CLOSING OF AN ALLEY RUNNING PARALLEL BETWEEN MURRAY AVENUE AND BROWN STREET, EAST OF D.A.V. DRIVE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME." This ordinance is summarized as follows: The City of Paducah does hereby authorize the closure of a 15 foot wide alley between Murray Avenue and Brown Street and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City to the property owners in or abutting the public ways to be closed. COMMENTS CITY MANAGER COMMENTS City Manager Arndt asked Parks and Recreation Department Director Mark Thompson to come forward to present the award from the Kentucky Recreation & Park Society Outstanding Department Award to the Paducah Parks & Recreation Department. City Manager Arndt thanked the IT Department and the Engineering -Public Works Department for their help in installing six televisions in the Commission Chambers. The City Manager reported that the visit from delegates from Saint Joseph, Missouri, went well. They had the opportunity to visit several locations around Paducah. BOARD OF COMMISSIONERS COMMENTS Commissioner Abraham commented on the use of local school flags in the Veterans Day Parade. EXECUTIVE SESSION Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board go into closed session for discussion of matters pertaining to the following topics: ❑ Issues which might lead to the appointment, dismissal, or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). RECONVENE IN OPEN SESSION Mayor Harless offered motion, seconded by Commissioner Holland, that the Board of Commissioners reconvene in open session. Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor Harless (5). ADJOURN Mayor Harless offered motion, seconded by Commissioner Holland, to adjourn the meeting. All in favor. Meeting ended at approximately 7:45 p.m. ADOPTED: November 27, 2018 Brandi Harless, Mayor November 13, 2018 ATTEST: Lindsay Parish, City Clerk BOARDS and COMMISSIONS APPOINTMENTS and REAPPOINTMENTS FOR CITY COMMISSION CONFIRMATION Appointment NAME: Reappointment Joint Appointment Samuel Brooks Goode Joint Reappointment NAME OF BOARD OR COMMISSION: Brooks Stadium Commission DATE TO BE PLACED ON AGENDA: 11/27/2018 EXPIRATION OF TERM DATE: 12/5/2022 APPOINTEE'S HOME ADDRESS: Street: 105 Jasmine Drive City/Zip: Paducah, KY Phone: 270-519-7799 42001 Email Address: sgoode@akconstruction.com Appointee's Business Name: Address: City/Zip: Phone: hank you Resigned erm Expired Other (explain) TO REPLACE ON BOARD: Lenore Brooks Goode ADDRESS: City/Zip: Appointee Confirmation: Daze: Board of Commission Approval: Original to: City Clerk CC: Mark Thompson Sam Goode 11/13/2018 By: Frank "Doc" Hideg 1 KIL\ N )XII I 115-11 Vl0 /11► Doc Hideg City of Paducah Request for Appointment to Boards & Commissions Application If you are interested in serving on one of the City Boards or Commissions, please complete this form and questionnaire and return along with your resume or bio to: Lindsay Parish City Clerk's Office City of Paducah P.O. Box 2267 Paducah, KY 42002-2267 or e-mail to Lindsay Parish at 1parishgl)aducahky_gov Please Print Name (First) Samuel Address 150 Jessamine Drive Mailing Address (if different) City Paducah Home Phone Goode State KY Zip 42001 Cell Phone 2705197799 E-mail Address sgoode@akconstruction.com Please list the Boards or Commissions you prefer to serve on. (see attached form for list). VtChoice Brooks Stadium 2nd Choice 3rd Choice QUESTIONNAIRE 1. Please list education or training relevant to your choice(s): I'm a college and high school graduate. Lone Oak High School and Murray State University. Please list work experience relevant to your choice(s): 1. Played college baseball and Played 4 years at Brooks Stadium in high school. 2. I'm a project manager for A&K Construction. Working with a team of people to accomplish projects and goals is what I do for a living. If renovations/additions are needed, I'd be the ideal 0 Please list community volunteer service relevant to your choice(s): 1. Assistant baseball coach for Ballard Memorial. 2. I would like to serve in the indicated positions(s) because: Brooks Stadium holds a special place in my heart. The memories, life lessons, and people I have met through playing their has truly formed me into the man I am today. Also, my great grandfather is the man who built Brooks Stadium. I would feel extremely honored and take so 3. The following references may be contacted: Name: Kenny Hunt Address: loo Calloway court 4. Are you a resident of Paducah, KY? ❑✓ Yes F-1No 5. Are you a resident of McCracken County, KY? W1Yes F-1No Name:_ Address: Phone: 6. Please submit a resume and/or brief autobiography. I understand the role and responsibility of membership on these Boards or Commissions and I am willing to serve. In applying for appointment, I understand that the Mayor, Commissioners, board members and the Clerk's Office may contact me and/or the references above through the contact information listed. Samuel Goode Dgta,y algnm Ey S-1 come 6Ae'..1EI 111111L1. Ly' 11/15/18 Signature Date Please return application to: Lindsay Parish City Clerk's Office PO Box 2267 Paducah, KY 42002 Your application will be kept on file for three years. Thank you for applying. CITY OF PADUCAH PERSONNEL ACTIONS November 27, 2018 fl NEW F�ER��F�1�L 1'IlN�'R`.£3 ...., .,,. .°z, .. ,. x�.i ..... .: .....a.,w 6i .:,,, ., ......... ....i .....,. x(iE MR,, ' '�F.,r,rffifflacl.ami.l�l 8 PLANNING POSITION RATE NCS/CS FLSA EFFECTIVE DATE Howell, Nelvin C. Arts & Cultural Coordinator $19.23/Hr. NCS Exempt December 6, 2018 FINANCE Oliver, Dylan M. PARKS SERVICES PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY Revenue Technician Accountant NCS Exempt December 6, 2018 $16.50/Hr. $19.23/Hr. Styers, James B. Seasonal -Laborer Full -Time Laborer NCS Non -Ex November 8, 2018 $9.00/Hr. $14.16/Hr. suporm °P _°MUN�If,:i.::IERIVIINIONSfiF�Ul�IiIMEfFrEls��€: POLICE ADMINISTRATION POSITION REASON EFFECTIVE DATE Barnhill, Brandon L. Police Chief Retirement December 31, 2018 EMERGENCY COMMUNICATION SRVCS Dunigan, Zachary T. Telecom municator Resignation December 5, 2018 P TERNfINATIONS°4'PARTTaME IPITIITEMRA�AR IS RS`A s gyomm.= r'y "g u09MISHOMME IMM -10M NEC, PARKS SERVICES POSITION REASON EFFECTIVE DATE Marshall, Christopher E. Laborer Seasonal Employment November 7, 2018 Reid, Wesley A. Laborer Seasonal Employment November 7, 2018 Shaw, Austin C. Laborer Seasonal Employment November 7, 2018 Willett, Thomas D. Laborer Seasonal Employment November 7, 2018 Styers, James B. Laborer Seasonal Employment November 8, 2018 Abernathy, Jordan K. Recreation Leader Seasonal Employment November 13, 2018 Adams, Joseph R. Recreation Leader Seasonal Employment November 13, 2018 Antic, Quinn Recreation Leader Internship Seasonal Employment November 13, 2018 Bickerstaff, William Coach Seasonal Employment November 13, 2018 Black, Kelly N. Recreation Leader Seasonal Employment November 13, 2018 Blakemore, Kaitlin A. Recreation Leader Seasonal Employment November 13, 2018 Bogard, Jason R. Recreation Leader Seasonal Employment November 13, 2018 Byrd, Jesse P. Recreation Leader Seasonal Employment November 13, 2018 Dix, Ben'Jamin A. Coach Seasonal Employment November 13, 2018 Durham, Adam S. Sports Official Seasonal Employment November 13, 2018 Hatton, Nick Coach Seasonal Employment November 13, 2018 Hatton, Patrick B. Recreation Leader Seasonal Employment November 13, 2018 Hobbs, Mary G. Sports Official Seasonal Employment November 13, 2018 Hodge, Kennedy G. Recreation Leader Internship Seasonal Employment November 13, 2018 Holtgrewe, Jacob S. Sports Official Seasonal Employment November 13, 2018 Jernigan, Jaylen Coach Seasonal Employment November 13, 2018 Jez,. Elise N. Recreation Leader Seasonal Employment November 13, 2018 Johnson, Malley C. Recreation Leader Seasonal Employment November 13, 2018 Kinne, Kaitlyn E. Recreation Leader Seasonal Employment November 13, 2018 Krone, Matthew D. Recreation Leader Seasonal Employment November 13, 2018 Lambert, Rianna F. McCollum, Emily G. Meier, Miranda A. Moneymaker, Melissa Neely, Campbell C. Prather, Evan Scott, Amiyah Shannon, Lara R. Smiley, Lydia N. Treece, Savanah M. Viets, Michael Wolfe, John R. Newberry, Peyton K. CITY OF PADUCAH PERSONNEL ACTIONS November 27, 2018 Recreation Leader Seasonal Employment Pool Attendant Seasonal Employment Pool Manager Seasonal Employment Sports Official Seasonal Employment Lifeguard Seasonal Employment Sports Official Seasonal Employment Pool Attendant Seasonal Employment Recreation Leader Seasonal Employment Recreation Leader Seasonal Employment Summer Camp Coordinator Seasonal Employment Sports Official Seasonal Employment Lifeguard Seasonal Employment Recreation Leader - Athletics Seasonal Employment November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 November 13, 2018 December 6, 2018 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT TO APPLY FOR AN ONLINE GRANT THROUGH THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT PORTAL TO REQUEST $15,000 FOR THE FIRE DEPARTMENT TO PURCHASE PUBLIC EDUCATION AND ENGAGEMENT EQUIPMENT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City hereby authorizes the Planning Department to apply for an online grant through the Firehouse Sub Public Safety Foundation grant portal for funding in the amount of $15,000 for the Paducah Fire Department to purchase an inflatable firehouse to be used in the Fire Department's public education and community risk reduction initiatives. No local cash or in-kind match is required. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners November 27, 2018 Recorded by Tammara S. Sanderson, City Clerk, November 27, 2018 \mo\grants\app-firehouse subs public safety foundation grant 11-2018 luto) 041N11, MWIT1103 MAMea A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE KENTUCKY OFFICE OF HOMELAND SECURITY (KOHS) FOR A FY 18 STATE HOMELAND SECURITY GRANT IN THE AMOUNT OF $63,500 FOR THE PURCHASE OF BOMB SUITS FOR THE PADUCAH POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah applied for a FYI State Homeland Security Grant through the Kentucky Office of Homeland Security, adopted by Municipal Order No. 2094 on April 24, 2018, to be used for the purchase of bomb suits for the Paducah Police Department; and WHEREAS, the Kentucky Office of Homeland Security has approved the application and is now ready to award this grant. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $63,500.00 through the Kentucky Office of Homeland Security for a FY 18 State Homeland Security Grant for the purchase of IED/EOD Protective Ensembles (bomb suits) for the Paducah Police Department and authorizes the Mayor to execute the Grant Agreement and all related documents. No local or in kind match is required. SECTION 4. This order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners November 27, 2018 Recorded by Lindsay Parish, City Clerk November 27, 2018 MO\grants\award — KOHS Bomb Suits Police Dept 2018 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A 2018 AREA DEVELOPMENT FUND AWARD THROUGH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT FOR REIMBURSEMENT FOR COMPUTER EQUIPMENT FOR THE INFORMATION TECHNOLOGY DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby authorizes the submission of an application for a 2018 Development Fund Award through the Kentucky Department for Local Government for reimbursement for computer equipment for the Information Technology Department and authorizes the Mayor to execute all documents related to same. SECTION 2. That the City of Paducah hereby accepts 2018 Development Fund Award funds in the amount of $4,143.64 through the Kentucky Department for Local Government for reimbursement for computer equipment for the Information Technology Department and authorizes the Mayor to execute all documents related to same. SECTION 3. This order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 27, 2018 Recorded by Lindsay Parish, City Clerk, November 27, 2018 mo\grants\app & award — 2018 Area Development Fund IT Equipment Area Development Fund - Application Kentucky Department for Local Government Project Information Project Title: City of Paducah Office Equipment Total Amount Requested: Total Project Cost: $4,143.64 County: McCracken ADD: Purchase Type of Project (ex: construction, purchase of equipment, etc.): Equipment Start Date: 04/01/18 End Date: Grantee Information Legal Applicant/Funding Recipient: City of Paducah Mailing Address: 300 S 5th Street, PO Box 2267 City, State, Zip: Paducah, Kentucky 42002-2267 Email: bharless@paducahky.gov Phone: 270-444-8504 Official's Name/Title: Brandi Harless, Mayor Project Contact ADD Contact Person: Mark Davis Mailing Address: PO Box 588 City, State, Zip: Mayfield, Kentucky 42066 Email: mark.davis@purchaseadd.org Phone: 270-251-6126 Detailed Scope of Work Provide a description of the project detailing all relevant project information, including but not limited to, the proposed project activities, a justification for project funding, any needs to be addressed by the project expected results and public benefit to be derived from the project. Additional pages may be added if needed. The City of Paducah is requesting Area Development Funds in the amount of $4,143.64 to assist with the purchase of office equipment. ADF Rev 9-2016 ADF Application Page Two Project Funds List project funds that will be used for project completion. Funding Source ADF Local Total Signature Status $4,143.64 $657.70 $4,801.34 Amount Please attach the following and sign to certify that all information is complete and correct. 0 Statement of Assurances 0 Detailed Cost Estimates ❑ Public Bid Documentation (required if TOTAL project cost is over $20,000, not just ADF portion) ADD Board Minutes Approving Project To the best of my knowledge and belief, the information in this application is true and correct. I am aware that the proposed project may be removed from further consideration should it be determined that there are significant discrepancies in the information provided, and/or false, inaccurate or incomplete information has been given. Signature: Date: Kentucky Department for Local Government 1024 Capital Center Drive, Suite 340 • Frankfort, KY 40601 Phone: 502-573-2382 • Toll Free: 800-346-5606 - Fax: 502-573-0175 • www.kydlgweb.ky.gov ADF Rev 9-2016 6112/2018 View Check Images View Check Images -' INDOWMme" Vindoi .'.. %IV F0 Ba 2307 . ": PAD"N. j(Y. .1ZE;ItY,ofP9dUCaft: PodudoP), KY 420M.1107 - &M .:• n.W Number, :,. No 08fI8f2 : • VOID 365.001-FRONVATF.W.J.111SUR 'BIX TIOLdind Fourleen Dollars and 61 Cmo- pay 'DELL' MARKETING L.P. fi/ Yr 7b Ihd C/O DELL OSA ?Aa, of P.O. BOX 822810 CHICAGO.1} 110680-2010 MP, P! P [it t bis pxge Mwnb4r FDIC MIE"Ra CM11 Inftpondom Bink tittps:flpib.secum-bar.klng.00m/60537OOlMewChocke.faces 111 fi/ Yr no i L P! P [it t bis pxge Mwnb4r FDIC MIE"Ra CM11 Inftpondom Bink tittps:flpib.secum-bar.klng.00m/60537OOlMewChocke.faces 111 PRY of Paducah PAGE: 1 OF 1 CHECK NUMBER: 00254060 INVOICE DATE INVOICE NUMBER DESCRIPTION INVOICE AMOUNT 03/07/2018 e 10228628221 CUSTOMER #100603280; WAYBILL #739688404498 PO #: 20183352 - E911 $1,213.27 03/14/2018 10229949176 Dell Server PO #: 20183414 - INFORMATION TECHNOLOGY $4,801.34 I I L Vendor No. Vendor Name Check No. Check Gam ;heck Amar at 1230 DELL MARKETING L.P. 254060 1 03/16/2018 $6,014.61 City of Paducah PO Box 2307 Paducah, KY 42002-2307 "Six Thousand Fourteen Dollars and 61 Cents" Pay DELL MARKETING L.P. To the CIO DELL USA Order Of P.O. BOX 802816 CHICAGO, IL 60680-2816 Vendor Check Check Number Date Number 1230 03/16/2018 254060 $6,014.61 FILE COPY NON -N GOTTA L D LL! M. SILL 70. DELL AIARKErrNG L.P One Del fN,ey hound R0er4 TX 7!667 CITY OF PADUCAH ACCOUNTS PAYABLE PO BOX 2507 PADUCAH. KY 42002-2907 FAD Ahrrnher 74-2016805 AwSidw {=)2741d¢O COslamer 3wvko, (sw)274-ISM Te0n0.W & part (800)274-ISW Der OnA1na. hNO &Www. A dcom SNIP TO: Invoice CITY OF PADUCAH RECEIVING DEPT INFO SYSTEMS 500 CLARK ST PADUCAH. KY 42003-1710 PLEASE REVIEW DELL'S Till= A A OF SALE AND MLICII& WHICH GOVERN THIS TRANSACTION VIEW YOUR ORDER DIITAILS DBk imrolo6 No: 10230045176 Cudmor No: 108107658 - Order Na: 942606080 Page 1 of 2 Purchses Order; 20183414 Conlraot Number. 80AGZ PegAment Terme: Ow 30 days from dta Invas date Waybill Number: 3421 058 Due Date• 04H 312016 lnwlca Date. 03111412018 Order D6ls: 03/07/2015 CuetonrerAQraaer4M.No. MHEC-07012015 Sales Rep. SNppedMe: BRAD_MARTIN Item. PO 90 601616 Number De on Chf416e. IL 60680 261 e LIM UnitPrtoe Ama nl 210-ACXS PowwrEdpa 8630 Server EA 4.901.34 4.801.34 Sgstem SeMee Tipe:70499142 ookme am ! 329-WZ1 PawwEdge RON Malhedword MLK vat Enclosed - t EA 461-AADZ No Trusted PWt m Module 1 EA 321-SOKL ChMis with up to 9.2.5" Herd Drives, 3 PCIS ftW 1 EA 340AWS PawarFAge R630 Sfu wg- 8 Drive Chauu 1 EA 33645JDL Inlet Xem E5-2540 v4 2 4GHr.25M Ca&a S 00?rs ON Turba,HT tOCr20T f801Nj Max 1 EA Mere 2183M& FOR $H'p)WN ­ " ^• .whn.FAA a cr&7`C FA'V)RrWMENTALFEE OF UP TO 3T PER rTE'A# WILL aE AMED'TC PLEASE KEE1 � '�iiA�l.�LL�h F.� Ir� ��rr # THAN 4 WCHES. r'1a! I� e �� �l CualbmarNsms.CrTV0FAVXA0Ar1 i rii Yr IST WER CARE INFORJIMATr01 ANSV&R A V, :.ECARE TO h*1022OW176 SM" 34 PONb. 207634}4 DELL MARKETING L R Of*rNuon76ar 342606090 03/1412046 s Pipes i FP7 0OC3681851 aoa POO 20193415 DETACH AT UNE AND R67VR 1f WIN PAYMANr USD Sub-Tbol, rnv*G No. ?0210040' 76 4.604.34 CualbmarNsms.CrTV0FAVXA0Ar1 ! CusEorw A4o: 101107699 emno par PONb. 207634}4 A00 Of*rNuon76ar 342606090 Ahka eHaok Paye6la I ngAM so : aoa Dellmsml "L P. Is Q17 Db8 USA L A PO 90 601616 Chf416e. IL 60680 261 e USD Sub-Tbol, s 4.604.34 Mor nwoft, ! aad emno par ! A00 TaxaWti ! Non-rasAra: ! aa0i rad: 8 4,601.34 aoa lnvoter rotor: Is 4.904.91 USD Sub-rohh $ 4, 6x4.34 sw immanon : ado &N~FU. Tfiro6laar ! 0 M Nan�rarabla: ! 4.801 Tarr : x.00 TOW. ! 4 811.31 ookme am ! 4,801.34 vat Enclosed - 0102299491760400000480134000001081076999 W 7-41. DELL MARKErW(; L.P one tw "Y Round Rtflck, TX 7848? PILL 70. CITY OF PADUCAH ACCOUNTS PAYABLE PO BOX 2307 PADUCAH. KV 42002.2307 FV Al NOW 74.28188M ForSWU (fW)274-1S00 Cusfamar 3wics (800)274-1350 7echrncw &ww,. (86(1)274.1560 Dek OnHna: MfpAWww-dell-corn SHIP ro. Invoice CITY OF PADtJW RECEIVING DEPT INFO SYSTEMS 500 CLARK ST PADUCAM, KY 42003.1710 PLEA8f REVIEW DELL'S OF BALE AND EQt,GISB. WHICH GOVERN THIS TRANSACTION VIEW YOUR ORM DETAILS OULINI (mrolce No: 102248176 Customer No: 108107199 Order No: 342606059 WJigs Z of Purchase Order 20163414 Contract Number: 99AGZ Payment Terms: Due 30 days from the Invoice data Waybill Number. 342806089 Gus Do%: 0411312018 Order Date. 03/0712018 Invoke Date- 03114(2018 Sales Rep SRAO MARTIN Cuel011110fACreemertt No. MHEC-07012015 Shipped Vta- llam N per a:rl N r►Mt 26i1O v4 2. Wz,26M 8 013T1s urbo, ,10C120 Max 1 Un Unit Pries Amount EA ' Morn 2133MHs 37"BVW DIMM Blertlas for Sy0m with 2 P oossom 1 EA 419 AAEE 12OW He Wnk for Por alp 8830 2 EA 370-ACPH 240OMTIS RDIMMs 1 EA 370 -MP Psrroamence Opbmmod 1 EA . 3704CNK 1508 RDIMM, 2400MTh, Dual Renk. xe Dots Width 2 EA 780-BBX No RAID for HSA3301H33WH7901H73oP (1.24 HDDs or 390s) 1 EA 408 -MEF PERCC H390 RAID Controller, Minkard 1 EA _ 400-AJON 12TB i0K RPM SA32 51n Hct -plug Han! Dnve 1 EA U543OHN IDRACS Express irtegrsted Dal Remote Acme Cartroder. Exprpes 1 EA ' 4211 -MON No Opbosi on" Internal for 8 HD Chassis 1 EA 7708890 RasdYRatais 3Ndi1g Rslls W11119MA Coble Manegemenl Arm 1 FA - 350-BBBW No Bead 1 EA 750-AADF Pow ,SsvmV Deb Act" Power Conkolki r 1 EA 464-AALV NEMA S -15P to C13 WIS. Plaag. 125 VCA t5 AMP. 10 Feet (ern) Power Cord, North 2 Ell Amonce 450-ADV4 Dual. Hat -Plug Redundant Pow Sup* 11+1), 75OW 1 EA 631-AVIK No Systems Documentallon No OponMensp DVD 118 1 EA - LU -SILL WMndpwa Server 2016 8tandsrd 160ORE,F@=,y Instasied No Mod-s.NO CAL 1 EA 634-BILD Wriclows Server 2016 Standard.ISCORE Medea K8 1 EA - 63443ILK MS2016 3teaxlard EdalaoA, Additional License, 2 CORE,NO MEOWKEY 2 EA 800.080M UEFI BIOS Boot Mode +Ills OPT Psrltuon 1 EA e 332.1288 US Otder 1 EA - 54"B W Baoodoom 6720 QP 10b Ned+roati Doughter Card I EA 976.7671 Beak Hardware Serymear: Business Hours (8X1o) Next Business Day On Site Hardware 1 EA %brmnty Repsrr 3 Year 976.7728 00 Hardware Lim:led VVwwty Plus On Site Servaoa 1 EA 9968029 DwAraed raoomn ndad ProSupport somw • Cad your Dell Seras Rep if Upgrade 1 EA Needed 900.9987 OnSiils Instellabn Doobned 1 EA 979-2426 01dined Remote Consutthl; Swum 1 EA STATEMENT OF ASSURANCES AREA DEVELOPMENT FUND Name of Project: City of Paducah office equipment Name of Property Owner: City of Paducah, 300 South 5th, Paducah, Kentucky 42003 Designated Beneficiary Agency: City of Paducah through Purchase Area Development District Statement of Nature of Project: The City of Paducah is requesting Area Development Funds to purchase office equipment The designated beneficiary agency of the above capital project hereby executes the following assurances to the Commonwealth of Kentucky concerning the property described below which is the subject of the capital project: Description of Pro.perty: (Legal description of Property owned by deed or lease; specifications on equipment projects; and boundary description of utility line projects.) Dell Server with Intel Xeon Processor Source of Title: (Include book and page number of deed.) N/A All property required for the capital project or acquired by or through the capital project will be used for public purposes for the life of the property. No encumbrance of any kind will be placed on the capital project during the life of the project if the project is financed in full with Area Development Funds, unless the project is for industrial development purposes. The beneficiary agency shall: (a) Cause work on the project to commence with in a reasonable time after receipt of approval notification. (b) Notify the Department for Local Government of any delay in completing the project. (c) Submit a Project Completion Report with appropriate support documents to the Department for Local Government through the Area Development District within a reasonable time after completion of the project. (d) Keep and Maintain complete and accurate records of accounts of all expenditures of the grant monies which shall be subject to audit by the Commonwealth for a period of five (5) years after completion of the project; and (e) Return promptly any grant monies not required after all costs of the capital project have been paid by the beneficiary agency. Funds shall be returned by check payable to the State Treasurer. It is understood that the truth of these assurances are essential conditions to the approval of the project by the Department for Local Government and the expenditures of public money from the fund and that the Commissioner is relying thereon in the approval and implementation of the project, and that these assurances are subject to the provisions of KRS 523.100. IN WITNESS WHEREOF, above assurances are executed by the City of Paducah (beneficiary agency) This the day of COMMONWEALTH OF KENTUCKY County of McCracken Mayor Brandi Harless Chief Officer The undersigned County Clerk in and for the Commonwealth of Kentucky and County aforesaid, hereby certifies that the foregoing Statement of Assurances was this day lodged in my office to be, and has been, recorded in Book page This is the day of County Clerk This document prepared by: Mark Davis Purchase Area Development District P. O. Box 588, Mayfield, Kentucky 42066 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING CHANGE ORDER NO. 1 WITH HUFFMAN CONSTRUCTION, LLC, FOR A CONTRACT REDUCTION IN THE AMOUNT OF $25,000 FOR THE FLOODWALL PUMP STATION #2 REHABILITATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER WHEREAS, the City approved Ordinance No. 2018-4-8523 on April 10, 2018, to enter into a contract with Huffinan Construction, LLC, in the amount of $4,947,000 for the Floodwall Pump Station #2 Rehabilitation Project; and WHEREAS, a change in removal techniques implemented for pumps 4,5, and 6, has resulted in a decrease to the total price of the contract; and WHEREAS, the City of Paducah now desires to approve Change Order No. 1 to decrease the contract with Huffman Construction, LLC, by $25,000. NOW, THEREFORE, BE IT ORDERED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City hereby approves Change Order No. 1 with Huffman Construction, LLC, for a price decrease in the amount of $25,000 for the City of Paducah's Floodwall Pump Station Rehabilitation Project, henceforth reducing the total contract amount to $4,922,000. SECTION 2. The City hereby authorizes the Mayor to execute Change Order No. 1, as authorized in Section 1 above. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 27, 2018 Recorded by Lindsay Parish, City Clerk, November 27, 2018 \mo\chgord 1-Floodwall Pump Station 2 Rehab - Huffman + NUFFMAN CONSTRUCTION, LLC j� j� M %p� j� ?450ROlNEPARlCWAY 901) .0. BOX 48 L IE77 R OF 7 ro A L�JSIIIJL MALS POPLAR BLUFF, MO 83902-0048 373-770.06M FAX 573-778-8803 TO HDR, Inc. 401 W. Main Street Louisville, OK 40202 DATE 11-01-18 JOB# 735 ATTENTION Mr. Aaron Thompson, P.E., Project Engineer RE; Flood Pump Station 02 Rehabilitation Paducah, Kentucky CDBG Project No. 17-020 Change Order 91 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ® Via UPS NDA KEM�Mm DESCRIPTION 0�0 Order THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit—poples for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Returncorrected copies ❑ Resubmitted for approval ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: If enclosures are not as noted, please notify us at once. SIGNED: Ash Epo Accounting Manager EJCDCO EN081RI1i10rN7 CpiTN,OT 000LNENTS MU.7EE Date of issuance: 08/29/18 Effective Date: Owner: City of Paducah Contractor: Huffman Construction, LLC Engineer: HDR Engineering, Inc. Project: Flood Pump Station #2 Rehabilitation Change Order No. 1 Owner's Contract No.: CDBG No. 17-020 Contractors Project No.: 735 Engineer's Project No.: 10032833 Contract Name: Paducah PS 42 Rehab The Contract is modified as follows upon execution of this Change Order: Description: To remove pumps 4, 5, and 6 in one piece in lieu of breaking them down and removing in sections. This method requires removing and replacing the concrete beam in the peak of the skylights at no additional cost to the owner. Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes In Milestones If applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ 4,947,000.00 Ready for Final Payment: 730 days or dates [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. _ to No. _ Orders No. _ to No. Substantial Completion: $ NIA Ready for Final Payment: NIA days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ 4,947,000.00 Ready for Final Payment: 730 days or dates [kwFeese} [Decrease] of this Change Order: [Increase] EB96FJt] of this Change Order: Substantial Completion: $ 25,000.00 Ready for Final Payment: -0- days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ 4,922,000.00 Ready for Final Payment: .,730 days or dates By: Title: Date: Approved by Funding Agency (if applicable) By: Title: ACCEPTED: Owner (Authorized Signature) Date: ACCE By: ontractor (Author Signature) Presider Date 08/29/18 EJCDC C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. TETON COUNTY LANDFILL WASTE RELOCATION AND EARTHWORKS Page 1 of 1 AN ORDINANCE ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, LLC, FOR THE FLOODWALL PUMP STATION #2 REHABILITATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME WHEREAS, the City requested sealed competitive bids for the Floodwall Pump Station No. 2 Rehabilitation which is a component of the larger Floodwall Rehabilitation Project, currently in progress; and WHEREAS, the bid of Huffman Construction, LLC, a Kentucky limited liability Company, dated February 23, 2018, in the amount of $4,947,000.00 for the Floodwall Pump Station No. 2 Rehabilitation is in substantial compliance with the bid specifications; and WHEREAS, Design Engineer of Record, HDR Engineering, and City staff are recommending that the bid be awarded and the contract be entered into with Huffinan Construction, LLC. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah accepts the bid of Huf pian Construction, LLC, in the amount of $4,947,000.00, for construction services for the Floodwall Pump Station No. 2 Rehabilitation, said bid being in substantial compliance with the bid specifications, and as contained in the bid of Huffman Construction, LLC, dated February 23, 2018. SECTION 2. That the Mayor is hereby authorized to execute a contract with Huffman Construction for the Floodwall Pump Station No. 2 Rehabilitation, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid and authorizing the Mayor to execute all other documents associated with the contract. SECTION 3. This expenditure shall be charged to project account FW0014. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, March 27, 2018 Adopted by the Board of Commissioners, A ri l 1(�) f `ZC 1 Recorded by Tammara S. Sanderson, City Clerk, ,Orifi In QC Published by The Paducah Sun, \ord\eng\bid-Floodwall Pump Station #2 Rehab Construction — Huffman MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE CITY OF PADUCAH, KENTUCKY, ADMINISTRATIVE PLAN FOR 2018 HOUSING CHOICE VOUCHER PROGRAM WHEREAS, the City of Paducah adopted the Administrative Plan for 2018 Housing Choice Voucher Program by Municipal Order No. 2092 on April 24, 2018; and WHEREAS, the City of Paducah adopted Municipal Order No. 2183 on November 13, 2018, to authorize a Program Management Agreement with Housing Authority of Paducah for Management of the Housing Choice Voucher Program which necessitates a change to the Administrative Plan regarding program management; and WHEREAS, the U.S. Housing & Urban Development Authority issued a PIH Notice that necessitates a change to the Administrative Plan regarding how the agency will handle fluctuations in the Fair Market Rate and its impact on the housing assistance payment; and WHEREAS, it is now necessary to amend the Administrative Plan for 2018 Housing Choice Voucher Program to reflect both the program management changes and the PIH Notice changes. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves an amendment to the Administrative Plan for 2018 Housing Choice Voucher Program Part IV, #5 Payment Standard and FMR and Part VII, #2 Program Management in substantially the form attached hereto Exhibit A and made part hereof . SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 27, 2018 Recorded by Lindsay Parish, City Clerk, November 27, 2018 \MO\sec8 — amend annual plan & utility allowance 2018 Exhibit A S. Payment Standard and FMR The applicable Payment Standard (PS) for the HCV program shall be established at the HUD published Fair Market Rent (FMR). Payment Standards shall be reviewed each year in order to determine if the established levels are appropriate to meet the needs of participants based on rent burdens and success rates of assisted families. If there is a decrease in the payment standard amount during the HAP contract term, the Paducah Section 8 office will continue to use the lower payment standard to calculate the family's HAP beginning at the effective date of the family's second regular reexamination following the effective date of the decrease in the Davment standard.3 6. Contract Rent Adjustments Under the Voucher Program, the owner must not increase the rent during the first year of the lease. In order to increase the rental rate, the owner must give the family and the Paducah Section 8 Housing office written notice at least 60 -days before the implementation of the rent increase. The notice must state the new amount and the date the new rental amount is due. Such increases must meet the Rent Reasonableness standard. 7. Utility Allowances The utility allowance schedule for the Section 8 Program will be reviewed yearly and adjusted accordingly to insure participant affordability. The utility allowance calculation will be based on the size of the families' Housing Choice Voucher issued, not the actual size of unit unless the actual unit size is less. B. Portability Voucher Program Under the voucher program, the participants are entitled to portability of their voucher. Portability will be addressed as follows: A. Paducah Section 8 Housing office requires minimum notice of 30 days prior of the tenant's intended vacancy to transfer their certification. B. All information concerning the receiving agency must be provided by the participant. C. All efforts will be made to exchange certification with the receiving agency. D. If the participant is leased they must fulfill a minimum 12 month lease period and cannot port if in violation of present lease. Accommodations may be made for participants in Supported Programs or HUD-VASH, in consultation with program partners and the landlord. E. If adequate funds are not available, the PHA will deny portability moves if the receiving PHA's payment standard is greater than the local payment standard and the PHA refuses to absorb the transfer. 'NOTICE PIH 2018-01 (HA) issued January 17, 2018 2018 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Amended 1112712018 Part VII. ADMINISTRATION & EVALUATION OResponsibilities of the Paducah Section 8 Housing office page 46 Part VII. ADMINISTRATION & EVALUATION 1. Responsibilities of the Paducah Section 8 Housing office 0 Publication and dissemination of information concerning the availability and nature of housing assistance for eligible families. 0 Public invitation of owners to make dwelling units available for leasing by eligible families and development of working relationships and contracts with landlords and appropriate associations and groups. 0 Receipt and review of applications for vouchers, verification of family income, and other factors relating to eligibility and amount of assistance and maintenance of a waiting list. 0 Issuance of vouchers. 0 Notification of families determined to be ineligible. 0 Provision of each voucher holder of basic information on applicable Housing Quality Standards and inspection procedures, search for and selection of housing, owner and tenant responsibilities, and basic rules. 0 Determination of the amount of the total tenant payment and tenant rent. 0 Determination of the amounts of housing assistance payments. 0 Explanation of program procedures to owners, including those who have been approached by voucher holders. 0 Review of and action on requests for lease approval, including monitoring to assure that the limitations on use of Section 8 Housing Assistance in subsidize projects are observed. 0 Making of housing assistance payments. 0 Provision of housing information to assisted families and referral of such families to appropriate social service agencies upon request. 0 Re-examination of family income, composition, and extent of exceptional medical or other unusual expenses, and redetermination, appropriate, of the amount of gross family contributions and amount of housing assistance payment in accordance with HUD established schedules and criteria. 0 Adjustment of the amount of tenant rent, utility reimbursement and housing assistance payment as a result of an adjustment by the PHA of any applicable utility allowance. 0 Inspection prior to leasing and inspection; inspections at least annually determine that the units are maintained in decent, safe, and sanitary condition, and notification to owners and families of PHA determinations. 0 Administration and enforcement of contracts with owners and taking appropriate actions in case of noncompliance or default. 0 Compliance by the Paducah Section 8 Housing office with equal opportunity requirements, including efforts to provide composition, increase or decreases in medical (elderly) or child care expenses, increases or decreases in family income during each contract year as they occur. 2. Program Management Location — Effective January 1, 2019, the Paducah Section 8 Housing office will be relocated to offices at 2330 Ohio Street. which is the same complex as the Housina Authoritv of Paducah. The Housing Authority of Paducah shall provide management, training, oversight, and quality control that results in the fulfillment of all obligations and requirements of the HCV program in accordance with 24 CFR Part 982, as amended. Housing Authority of Paducah shall ensure that all required documentation and reporting to the HUD are completed accurately and in a 2018 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Amended 11/27/2018 Part VIL ADMINISTRATION & EVALUATION OProaram Manaaement timely manner, including the Annual Administrative Plan and the 5 -Year Administrative Plan as required by HUD. Housing Authority of Paducah's website will provide a webpage about the HCV program. However, the website information about HCV program will be maintained for 2 years on the city's website: http://www.paducahky.gov/section-8-housing-assistance A new phone number will be established. However, to ensure a seamless transition for customers and clients, current phone service (270-444-8542) will be forwarded to the new phone number for 2 years. Staffing Program Administrator - The Executive Director of the Housing Authority of Paducah will be the Program Administrator responsible for the general oversight of the HCV Section 8 programs. Housing Coordinator — Supervises Housing Specialist(s) and Inspector(s) and is responsible for: ❑ Special programs (HUD-VASH and Scholar House including briefing of participants); ❑ Portability requests and processing.- [] rocessings❑ Ensuring the briefing of participants is thorough and complete; ❑ SEMAP requirements; ❑ Administrative Plan amendments. approvals and COMDliance (annual & 5-vear): ❑ Homeownership and FSS programs including promotion, bank relationship, applications; ❑ FMR and Utility Rate updates; ❑ HUD reporting; ❑ Fraud Investigations; ❑ Hearings as requested; ❑ Various reports and duties as directed by the Proaram Administrator. Housing Specialist 1/II- Responsible for: ❑ Processing applications; ❑ Certifications & recertifications of income & family composition, including use of EIV system; tem; ❑ Issuing vouchers; ❑ Processing, calculating of assistance payment (rent & utilities), and printing check payments; ❑ Processing move ins and outs, and transfers; ❑ Preparing voucher utilization report for Coordinator; ❑ Preparing and issuing various determination letters (No response, Income, Inspection failure, Final Inspection failure, Reimbursement, Withdrawal, etc.); ❑ Maintaining tenant and landlord database; ❑ Prepare for audits and purging of files; ❑ Maintaining current forms and office supplies; ❑ Various reports and duties as directed by the Coordinator. Inspector - HQS inspections are to be performed by a Housing Specialist, if trained in the HUD HQS standards; or under contract with an appropriately trained private inspector; or the Proaram Administrator. InsDector is responsible for: o Verifying address location; 2018 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Amended 11/27/2018 Part VIL ADMINISTRATION & EVALUATION MProaram Manaaement o Inspecting units and approving only those units that meet HUD HQS standards and local property maintenance codes; o Explaining any deficiencies of a unit to the landlord and tenant; o Completing inspection reports; o Various reports and duties as directed by the Coordinator. Board of Directors — Composition of the Board includes the Mayor of the City of Paducah as the Chair of the Board, three tenant members, and three at large members. 3. Outreach It shall be the policy of the Paducah Section 8 Housing office to aggressively promote the Section 8 Housing Choice Voucher, Family Self -Sufficiency (FSS) and Homeownership Option through public service announcements, brochures, local radio and advertising in the local daily and weekly newspapers. In addition, all public service agencies in the Paducah area will receive information circulars describing these programs and who may receive benefits. Informational materials will be circulated among local Realtors, private rental property owners, and rental property managers for the purpose of soliciting participation. If additional listings are needed, staff members may go into the community meet one-on-one with citizens or groups for the purpose of outreach. The Paducah Section 8 office will actively promote the availability of housing assistance to eligible applicants by contact with local media, brochures, and community organizations. In order to target the "least likely to apply" applicants, the Paducah Section 8 office will provide flyers and brochures to be distributed through places of employment, union offices, neighborhood groups, churches, and commercial establishments if there is a need for outreach demonstrated by our application pool. 4. Briefing Families, Issuing Housing Choice Vouchers A. This PHA will provide brochures to each family, however, we believe it will be necessary to give individual instructions (small groups when possible), in order that the program may be properly explained. The staff will be available to discuss housing search problems during the introductory search period. B. Briefing documents to be included in each participant packet are as follows: HOUSING CHOICE VOUCHER PACKET ❑ Housing Voucher Utility Allowance ❑ Request for Lease Approval ❑ Required and Prohibited Lease Provisions ❑ Lead Based Paint Information ❑ Fair Housing Information and Complaint Form ❑ Housing Assistance Payment Information ❑ Informal Hearing Information ❑ HQS Information ❑ Federal Privacy Act Statement ❑ Statement of Family Responsibilities ❑ Security Deposit Information ❑ A Guide to Housing Vouchers ❑ Housing Voucher 0 EIV Applicant/Participant Information 2018 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Amended 11/27/2018 Part VII. ADMINISTRATION & EVALUATION MProaram Manaaement S. Administrative Fee Reserve Expenditures All expenditures from the administrative reserve of the Section 8 programs shall be housing related and shall be approved by the City of Paducah Board of Commissioners. 2018®dministrative[PlanVfor[Paducah[Section [N[dousing UhoiceWoucher[1program0 AmendedR1127/20180 Part®V.[RENT,EUTILITYALLOWANCENTANDARDSD 0 pogeUM 5. Payment[Standard[find IFMR0 The applicable Payment Standard (PS) for the HCV program shall be established at the HUD published Fair Market Rent (FMR). Payment Standards shall be reviewed each year in order to determine if the established levels are appropriate to meet the needs of participants based on rent burdens and success rates of assisted families. If there is a decrease in the payment standard amount during the HAP contract term, the Paducah Section 8 office will continue to use the lower payment standard to calculate the family's HAP beginning at the effective date of the family's second regular reexamination following the effective date of the decrease in the payment standard.3 6. Contract[Rent[AdjustmentsM Under the Voucher Program, the owner must not increase the rent during the first year of the lease. In order to increase the rental rate, the owner must give the family and the Paducah Section 8 Housing office written notice at least 60 -days before the implementation of the rent increase. The notice must state the new amount and the date the new rental amount is due. Such increases must meet the Rent Reasonableness standard. 7. Utilitygkllowances0 The utility allowance schedule for the Section 8 Program will be reviewed yearly and adjusted accordingly to insure participant affordability. The utility allowance calculation will be based on the size of the families' Housing Choice Voucher issued, not the actual size of unit unless the actual unit size is less. 8. Portability0 Voucher [Program 0 Under the voucher program, the participants are entitled to portability of their voucher. Portability will be addressed as follows: A. Paducah Section 8 Housing office requires minimum notice of 30 days prior of the tenant's intended vacancy to transfer their certification. B. All information concerning the receiving agency must be provided by the participant. C. All efforts will be made to exchange certification with the receiving agency. D. If the participant is leased they must fulfill a minimum 12 month lease period and cannot port if in violation of present lease. Accommodations may be made for participants in Supported Programs or HUD-VASH, in consultation with program partners and the landlord. E. If adequate funds are not available, the PHA will deny portability moves if the receiving PHA's payment standard is greater than the local payment standard and the PHA refuses to absorb the transfer. s NOTICE PIH 2018-01 (HA) issued January 17, 2018 2018®dministrative[PlanVforWaducah[Section [R[dousing UhoiceWoucher1program0 AmendedR1127/20180 Part[VILEdDMINISTRATIOMi IEVALUATIOND Responsibilitieslbfl7heWaducah[Section INIHousing Office0 MpogeMM PartWII. [ADMINISTRATION I&XVALUATI ON 0 1. Responsibilities 16f®he[Paducah [Section [BDHousingl6fficeM M Publication and dissemination of information concerning the availability and nature of housing assistance for eligible families. TM Public invitation of owners to make dwelling units available for leasing by eligible families and development of working relationships and contracts with landlords and appropriate associations and groups. TM Receipt and review of applications for vouchers, verification of family income, and other factors relating to eligibility and amount of assistance and maintenance of a waiting list. TM Issuance of vouchers. TM Notification of families determined to be ineligible. TM Provision of each voucher holder of basic information on applicable Housing Quality Standards and inspection procedures, search for and selection of housing, owner and tenant responsibilities, and basic rules. TM Determination of the amount of the total tenant payment and tenant rent. TM Determination of the amounts of housing assistance payments. TM Explanation of program procedures to owners, including those who have been approached by voucher holders. TM Review of and action on requests for lease approval, including monitoring to assure that the limitations on use of Section 8 Housing Assistance in subsidize projects are observed. TM Making of housing assistance payments. TM Provision of housing information to assisted families and referral of such families to appropriate social service agencies upon request. TM Re-examination of family income, composition, and extent of exceptional medical or other unusual expenses, and redetermination, appropriate, of the amount of gross family contributions and amount of housing assistance payment in accordance with HUD established schedules and criteria. TM Adjustment of the amount of tenant rent, utility reimbursement and housing assistance payment as a result of an adjustment by the PHA of any applicable utility allowance. TM Inspection prior to leasing and inspection; inspections at least annually determine that the units are maintained in decent, safe, and sanitary condition, and notification to owners and families of PHA determinations. TM Administration and enforcement of contracts with owners and taking appropriate actions in case of noncompliance or default. TM Compliance by the Paducah Section 8 Housing office with equal opportunity requirements, including efforts to provide composition, increase or decreases in medical (elderly) or child care expenses, increases or decreases in family income during each contract year as they occur. 2. Program[fIanagement0 Location — Effective January 1, 2019, the Paducah Section 8 Housing office will be relocated to offices at 2330 Ohio Street, which is the same complex as the Housing Authority of Paducah. The Housing Authority of Paducah shall provide management, training, oversight, and quality control that results in the fulfillment of all obligations and requirements of the HCV program in accordance with 24 CFR Part 982, as amended. Housing Authority of Paducah shall ensure that all required documentation and reporting to the HUD are completed accurately and in a 2018®dministrative[PlanVlor[1Paducah[Section [N[dousing UhoiceWoucher[program0 AmendedQl/27/20180 Part[VI.®DMINISTRATION[i IEVALUATIOND ProgramWanagement0 MpogeN70 timely manner, including the Annual Administrative Plan and the 5 -Year Administrative Plan as required by HUD. Housing Authority of Paducah's website will provide a webpage about the HCV program. However, the website information about HCV program will be maintained for 2 years on the city's website: http://www.paducahky.gov/section-8-housing-assistance A new phone number will be established. However, to ensure a seamless transition for customers and clients, current phone service (270-444-8542) will be forwarded to the new phone number for 2 years. Staffing Program Administrator - The Executive Director of the Housing Authority of Paducah will be the Program Administrator responsible for the general oversight of the HCV Section 8 programs. Housing Coordinator — Supervises Housing Specialist(s) and Inspector(s) and is responsible for: x Special programs (HUD-VASH and Scholar House including briefing of participants); x Portability requests and processing; x Ensuring the briefing of participants is thorough and complete; x SEMAP requirements; x Administrative Plan amendments, approvals and compliance (annual & 5 -year); x Homeownership and FSS programs including promotion, bank relationship, applications; x FMR and Utility Rate updates; x HUD reporting; x Fraud Investigations; x Hearings as requested; x Various reports and duties as directed by the Program Administrator. Housing Specialist 1/11- Responsible for: x Processing applications; x Certifications & recertifications of income & family composition, including use of EIV system: x Issuing vouchers; x Processing, calculating of assistance payment (rent & utilities), and printing check Payments: x Processing move ins and outs, and transfers; x Preparing voucher utilization report for Coordinator; x Preparing and issuing various determination letters (No response, Income, Inspection failure, Final Inspection failure, Reimbursement, Withdrawal, etc.); x Maintaining tenant and landlord database; x Prepare for audits and purging of files; x Maintaining current forms and office supplies; x Various reports and duties as directed by the Coordinator. Inspector - HQS inspections are to be performed by a Housing Specialist, if trained in the HUD HQS standards; or under contract with an appropriately trained private inspector; or the Program Administrator. Inspector is responsible for: o Verifying address location; 2018®dministrative[PlanVforWaducah[Section [N[dousing UhoiceWoucher[program0 Amended91127/20180 Part[VILEdDMINISTRATIOMi IEVALUATIOND Ed pageN80 o Inspecting units and approving only those units that meet HUD HQS standards and local property maintenance codes; o Explaining any deficiencies of a unit to the landlord and tenant; o Completing inspection reports; o Various reports and duties as directed by the Coordinator. Board of Directors — Composition of the Board includes the Mayor of the City of Paducah as the Chair of the Board. three tenant members. and three at larae members. 3. Outreach0 It shall be the policy of the Paducah Section 8 Housing office to aggressively promote the Section 8 Housing Choice Voucher, Family Self -Sufficiency (FSS) and Homeownership Option through public service announcements, brochures, local radio and advertising in the local daily and weekly newspapers. In addition, all public service agencies in the Paducah area will receive information circulars describing these programs and who may receive benefits. Informational materials will be circulated among local Realtors, private rental property owners, and rental property managers for the purpose of soliciting participation. If additional listings are needed, staff members may go into the community meet one-on-one with citizens or groups for the purpose of outreach. The Paducah Section 8 office will actively promote the availability of housing assistance to eligible applicants by contact with local media, brochures, and community organizations. In order to target the "least likely to apply" applicants, the Paducah Section 8 office will provide flyers and brochures to be distributed through places of employment, union offices, neighborhood groups, churches, and commercial establishments if there is a need for outreach demonstrated by our application pool. 4. Briefing[Families,®ssuing[Housing[ChoiceVouchers 0 A. This PHA will provide brochures to each family, however, we believe it will be necessary to give individual instructions (small groups when possible), in order that the program may be properly explained. The staff will be available to discuss housing search problems during the introductory search period. B. Briefing documents to be included in each participant packet are as follows: HOUSING CHOICE VOUCHER PACKET x Housing Voucher Utility Allowance x Request for Lease Approval x Required and Prohibited Lease Provisions x Lead Based Paint Information x Fair Housing Information and Complaint Form x Housing Assistance Payment Information x Informal Hearing Information x HQS Information x Federal Privacy Act Statement x Statement of Family Responsibilities x Security Deposit Information x A Guide to Housing Vouchers x Housing Voucher x EIV Applicant/Participant Information 5. Administrative [Fee Reserve [Expenditures 0 All expenditures from the administrative reserve of the Section 8 programs shall be housing related and shall be approved by the City of Paducah Board of Commissioners. 214580 ORDINANCE NO. 2018 ❑ 10 - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING CORRECTIVE TRANSFERS OF REAL PROPERTY AND INTERESTS IN REAL PROPERTY AMONG THE CITY OF PADUCAH, THE PADUCAH MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, JIM SMITH CONTRACTING COMPANY, LLC, PADUCAH RIVERFRONT HOTEL, LP, AND INDEPENDENCE BANK WITH RESPECT TO THE DEVELOPMENT OF THE PADUCAH RIVERFRONT, A PUBLIC PROJECT; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS TO EFFECTUATE SAME WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, have determined that it is necessary, appropriate, and in the best interest of the City to generate, revitalize, improve and generally enhance the Paducah Riverfront, a public project; and WHEREAS, the City Ri ❑$ DCNF1KID 1 Q�N EERLWUTFbwns some, but not all, of the [Paducah Riverfront Property LLL which real property is generally situated North of the Paducah floodwall between Madison and Campbell Streets; and WHEREAS, the Paducah -McCracken County Convention Center Corporation [PM&&&awns some, but not all, of the Paducah Riverfront Property upon which the PMCCC owns, operates and manages a publically owned convention and expo center, generally known as the Paducah McCracken County Convention and ( LS nd Expo &HN&Mamd WHEREAS, it has always been the intention of City and PMCCC, that PMCCC would own that portion of the Paducah Riverfront Property upon which the Convention and Expo Center is situated and that the City would own the remainder of the Paducah Riverfront Property; and WHEREAS, the City is also the owner of certain real property situated along and near North 4h Street and Executive Boulevard adjacent to the Convention and Expo Center, which real property has been leased to Paducah Riverfront Hotel, LP, OKLL5 IYHILRQJV'RVdDlilrfor the development and construction and subsequent management and operation of an upscale brand hotel DQGSEUQ MX)UHJIM RW QUvASLI]ROM 4Q DCiTIK5 I)1iRRQNEDQG❑ WHEREAS, the development, construction, and equipping of the Holiday Inn Paducah Riverfront was financed through that certain Industrial Building Revenue Bonds, Series 2015, in the aggregate principal amount of up to $12,000,000 =RQCV-❑issued by the City and purchased RQ11 RITP EFI FTE=7B WaB IDDQ\IO fQMN DCR=1<ffK DRQCUare secured by certain Open -End Leasehold Mortgage, Security Agreement, Assignment and Agreement as to Real Estate Matters dated as of November 1, encumbering and pledging the 5 EVFUU�QKR)1dW leasehold interest in the Holiday Inn Paducah Riverfront; ❑and WHEREAS, Jim Smith Contracting Company, LLC IKH78M SEQ, his the owner of certain real property located North of 6th Street between Park Avenue and Campbell Street and adjacent to the Paducah Riverfront Property; and WHEREAS, the predecessors to the Company and City have previously exchanged real property for purposes of the improvement and extension of Campbell Street and Park Avenue, which right of ways are maintained and controlled by City; and WHEREAS, the boundaries of the Paducah Riverfront Property have been surveyed and re-established by Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, and Waiver of Subdivision Plat for Midwest Terminal of record in Plat Section M, Page 1261, all in the McCracken County &OLS IIHU7DQG WHEREAS, the aforesaid survey and Subdivision Plats have uncovered certain mistakes in previous conveyances between City and PMCCC, City and Company, City and Riverfront Hotel, and City and the Lender which fail to meet the intentions of the parties; and WHEREAS, it is the desire among City, PMCCC, Riverfront Hotels, the Company, and the Lender to correct these errors through the execution and delivery of various quitclaims deeds, deeds of clarification, first amendments to leases, and modifications to security agreement so that record ownership of the Paducah Riverfront Property shall be in conformity with the intention of the parties as depicted on the aforesaid Subdivision Plats; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the following corrective transfers of real property and documents in substantially the form attached hereto as Exhibits Al throw and made part hereof: EXHIBIT DOCUMENT GRANTOR GRANTEE PROPERTY A-1 Quitclaim Deed PMCCC City Tract 3A of M-1260 A-2 Quitclaim Deed PMCCC City Tract 4 of M-1260 A-3 Deed of City City Tract 1 of Clarification M-1260 A-4 Deed of City City Tract 3B of Clarification M-1260 A-5 Quitclaim Deed City PMCCC Tract 2 of M-1260 A-6 Quitclaim Deed PMCCC City Tract 6 of M-1261 A-7 Deed of Company City Tract 3,6,7 of Conveyance M-1261 EXHIBIT DOCUMENT LESSEE/TENANT LESSOR/LANDLORD PROPERTY A-8 First Riverfront Hotel City Tract A & B Amendment to and City Bank of M-1260 Parking Site Lease A-9 First Riverfront Hotel City Tract A of Amendment to and City Bank M-1260 Agreement of Lease EXHIBIT DOCUMENT MORTGAGOR MORTGAGEE PROPERTY A-10 Modification of Riverfront Hotel Independence Tract B of Open -End and City Bank M-1260 Leasehold Mortgage A-11 Modification of Riverfront Hotel Independence Tract A of Open -End and City Bank M-1260 Leasehold Mortgage A-12 Modification of Riverfront Hotel Independence Tract A of Assignment of Bank M-1260 Rents and Leases It is further determined that it is necessary and desirable and in the best interest of the City to enter into these corrective property transfers and documents for the purposes therein specified, and the execution and delivery of each of the property transfers and documents as described herein is hereby authorized and approved. The Mayor is hereby authorized to execute each of the corrective property transfers and documents as described here with such changes not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of the aforesaid transfers and documents. Further, the City hereby ratifies the Mayor1� execution of the Waiver of Subdivision Plat for the City of Paducah recorded in Plat Section CABM, Page 126 . Section 2. 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 3. 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 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 Order shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor Brandi Harless ATTEST: City Clerk, Lindsay Parish Introduced by the Board of Commissioners , 2018 Adopted by the Board of Commissioners , 2018 Recorded by Lindsay Parish, City Clerk, , 2018 Published by The Paducah Sun, , 2018 ORD\ENG\Transfer Riverfront Property Pursuant to Survey Denton Law Firm, PLLC EXHIBIT A-1 QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 3A OF M-1260 See attachment. QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this day of , 2018, by and between THE PADUCAH McCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non-profit Kentucky Corporation with its principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter, "Grantor") and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, of P O Box 2267, Paducah, Kentucky 42002-2267 (hereinafter "Grantee"). WITNESSETH WHEREAS, the Grantor owns some, but not all, of that certain parcel of land identified as Tract 3A on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, the Grantee owns some, but not all, of that certain parcel of land identified as Tract 3A on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, it is the desire of the Grantor to convey to the Grantee any interest it may possess in and to said Tract 3A. NOW, THEREFORE, in and for the consideration of One Dollar and No/ 100 ($1.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following - described real estate, together with all improvements, appurtenances and rights thereunto belonging, situated in McCracken County, Kentucky, to -wit: Being Tract 3A, consisting of 1.864 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to Paducah -McCracken County Convention Center Corporation, by deed dated April 14, 2005, of record in Deed Book 1064, page 565, and to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, McCracken County Court Clerk's Office. Also, Grantee claims title subject to the right of use of others in and to the thread of the Ohio River as set forth on Plat Section M, page 516, in the aforesaid clerk's office. It is the intent of the Grantee to hold the title to the herein described real property in fee simple. TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns, forever. 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: $120,000.00. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. Paducah McCracken County Convention City of Paducah, Kentucky Center Corporation Title: STATE OF KENTUCKY ) ) SS COUNTY OF McCRACKEN ) Title: The foregoing instrument was sworn to and acknowledged before me this day of 2018, by , (title) of Paducah McCracken County Convention Center Corporation, a non-profit Kentucky corporation, on behalf of said corporation, Grantor.. My commission expires: Notary Public, State at Large Notary ID # STATE OF KENTUCKY ) SS COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this day of , 2018, by , (title) of City of Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said entity, Grantee. My commission expires: Notary Public, State at Large Notary ID # This instrument prepared by: Paducah, KY 42002-0969 (270) 450-8253 212726 Send current year tax bill to: City of Paducah P O Box 2267 Paducah, KY 42002-2267 EXHIBIT A-2 QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 4 OF M-1260 See attachment. QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this day of 2018, by and between THE PADUCAH McCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non-profit Kentucky Corporation with its principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter, "Grantor") and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, of P O Box 2267, Paducah, Kentucky 42002-2267 (hereinafter "Grantee"). WITNESSETH THAT FOR AND IN CONSIDERATION of One Dollar and No/100 ($1.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following - described real estate, together with all improvements, appurtenances and rights thereunto belonging, situated in McCracken County, Kentucky, to -wit: Being Tract 4, consisting of 4.753 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to Paducah -McCracken County Convention Center Corporation, by deed dated April 14, 2005, of record in Deed Book 1064, page 565, deed dated April 12, 2005, of record in Deed Book 1064, page 561, McCracken County Court Clerk's Office. It is the intent of the Grantee to hold the title to the herein described real property in fee simple. TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns, forever. 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: $304,000.00. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. Paducah McCracken County Convention City of Paducah, Kentucky Center Corporation IN Title: Title: STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this day of , 2018, by , (title) of Paducah McCracken County Convention Center Corporation, a non-profit Kentucky corporation, on behalf of said corporation, Grantor. My commission expires: Notary Public, State at Large Notary ID # STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this day of 2018, by , (title) of City of Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said entity, Grantee. My commission expires: Notary Public, State at Large Notary ID # This instrument prepared by: IRM, PLLC • •I ; e Sulu, Paducah, KY 42002-0969 (270) 450-8253 212732 Send current year tax bill to: City of Paducah P O Box 2267 Paducah, KY 42002-2267 EXHIBIT A-3 CITY DEED OF CLARIFICATION FOR TRACT 1 OF M-1260 See attachment. DEED OF CLARIFICATION THIS DEED OF CLARIFICATION made and entered into this the day of , 2018, by and between CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, the Grantor, and LISA H. EMMONS, as Trustee for the purposes hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, Grantee; WITNESSETH: WHEREAS, City of Paducah acquired certain parcels of real estate by deeds dated December 23, 2009, of record in Deed Book 1181, page 35, and Deed Book 1181, page 40, in the McCracken County Court Clerk's Office; and WHEREAS, the boundaries of said parcels have been re-established by a Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, the Grantor desires to clarify the description and ownership as to the herein described real property; and NOW, THEREFORE, in order to carry out such desire of the Grantor and in consideration of the Grantor's desire that such be done and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and for purposes of clarifying ownership in and to the following described property, the Grantor hereby bargains, sells and conveys unto the Grantee as Trustee in fee simple (for the purpose of executing a deed back to City of Paducah, Kentucky, its successors and assigns forever, together with all 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 1, consisting of 14.734 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, McCracken County Court Clerk's Office. City of Paducah, Kentucky, claims title, subject to the right of use by others, to the thread of the Ohio River as set forth on Plat Section M, page 516, aforesaid clerk's office. TO HAVE AND TO HOLD the above described property together with all of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, as Trustee for the purposes above described, with Covenant of Special Warranty of title, except easements, covenants and restrictions of record. AND THIS DEED OF CONVEYANCE made and entered into this the day of 2018, by and between Lisa H. Emmons, as Trustee for the purpose hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, the Grantor, and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, Grantee; WITNESSETH: WHEREAS, by a deed of conveyance heretofore executed from City of Paducah, 2 Kentucky, as Grantor, the herein described property was conveyed to Lisa H. Emmons as Trustee, for the purpose of executing a deed back to Grantee, in order to clarify the description and ownership of the property described herein; and WHEREAS, the Grantor herein desires to fulfill said trust and do all acts necessary therefore; NOW, THEREFORE, in consideration of the foregoing facts and in and for purposes of clarifying the description and ownership in and to the following described property, the Grantor herein hereby bargains, sells and conveys unto the Grantee herein, its successors and assigns forever, the following described property lying and being in McCracken County, Kentucky, with all improvements, appurtenances and rights thereunto belonging, and more particularly described as follows: Being Tract 1, consisting of 14.734 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, McCracken County Court Clerk's Office. City of Paducah, Kentucky, claims title, subject to the right of use by others, to the thread of the Ohio River as set forth on Plat Section M, page 516, aforesaid clerk's office. It is the intent of the Grantee to hold the title to the herein described real property in fee simple. TO HAVE AND TO HOLD the above described real property together with all of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, its successors and assigns forever, with covenant of Special Warranty, except easements, covenants and restrictions of record. Grantors and Grantees 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: $943,000.00. IN WITNESS WHEREOF, all of the parties to these two deeds of conveyance have hereunto set their hands on this the date first above written. CITY OF PADUCAH, KENTUCKY (Grantor) LISA H. EMMONS, as TRUSTEE, Grantor TITLE: CITY OF PADUCAH, KENTUCKY (Grantee) mm LISA H. EMMONS, as TRUSTEE, Grantee TITLE: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2018, by , (title) of the City Paducah, Kentucky, a municipal corporation of the Home Rule class, on behalf of said entity, Grantor and Grantee. My commission expires NOTARY PUBLIC, STATE AT LARGE Notary ID# 2 STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this _ day of , 2018, by Lisa H. Emmons, as Trustee, Grantee and Grantor. My commission expires NOTARY PUBLIC, STATE AT LARGE Notary ID# This Insfrunitpit prepared by: DEN` OX--EA-W FIRM, PLLC P. O. Box 969 Paducah, KY 42002-0969 212719 Send current tax bill to: City of Paducah, Kentucky P O Box 2267 Paducah, KY 42002-2267 EXHIBIT A-4 CITY DEED OF CLARIFICATION FOR TRACT 313 OF M-1260 See attachment. DEED OF CLARIFICATION THIS DEED OF CLARIFICATION made and entered into this the day of , 2018, by and between CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, the Grantor, and LISA H. EMMONS, as Trustee for the purposes hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, Grantee; WITNESSETH: WHEREAS, City of Paducah acquired certain parcels of real estate by deeds dated December 23, 2009, of record in Deed Book 1181, page 35, and Deed Book 1181, page 40, in the McCracken County Court Clerk's Office; and WHEREAS, the boundaries of said parcels have been re-established by a Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, the Grantor claims title to the herein described property and desires to clarify the description and ownership as to the herein described real property; and NOW, THEREFORE, in order to carry out such desire of the Grantor and in consideration of the Grantor's desire that such be done and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and for purposes of clarifying the description and ownership in and to the following described property, the Grantor hereby bargains, sells and conveys unto the Grantee as Trustee in fee simple (for the purpose of executing a deed back to City of Paducah, Kentucky, its successors and assigns forever, together with all 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 313, consisting of 0.860 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, McCracken County Court Clerk's Office. TO HAVE AND TO HOLD the above described property together with all of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, as Trustee for the purposes above described, with Covenant of Special Warranty of title, except easements, covenants and restrictions of record. AND THIS DEED OF CONVEYANCE made and entered into this the day of 2018, by and between Lisa H. Emmons, as Trustee for the purpose hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, the Grantor, and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, Grantee; 0 WITNESSETH: WHEREAS, by a deed of conveyance heretofore executed from City of Paducah, Kentucky, as Grantor, the herein described property was conveyed to Lisa H. Emmons as Trustee, for the purpose of executing a deed back to Grantee, in order to clarify the description and ownership of the property described herein; and WHEREAS, the Grantor herein desires to fulfill said trust and do all acts necessary therefore; NOW, THEREFORE, in consideration of the foregoing facts and in and for purposes of clarifying the description and ownership in and to the following described property, the Grantor herein hereby bargains, sells and conveys unto the Grantee herein, its successors and assigns forever, the following described property lying and being in McCracken County, Kentucky, with all improvements, appurtenances and rights thereunto belonging and more particularly described as follows: Being Tract 313, consisting of 0.860 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, McCracken County Court Clerk's Office. It is the intent of the Grantee to hold title to the herein described real property in fee simple. TO HAVE AND TO HOLD the above described real property together with all of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, its successors and assigns forever, with covenant of Special Warranty, except easements, covenants and restrictions of record. Grantors and Grantees 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: $55,000.00. IN WITNESS WHEREOF, all of the parties to these two deeds of conveyance have hereunto set their hands on this the date first above written. CITY OF PADUCAH, KENTUCKY (Grantor) LISA H. EMMONS, as TRUSTEE, Grantor TITLE: CITY OF PADUCAH, KENTUCKY (Grantee) MM LISA H. EMMONS, as TRUSTEE, Grantee TITLE: STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2018, by , (title) of the City Paducah, Kentucky, a municipal corporation of the Home Rule class, on behalf of said entity, Grantor and Grantee. My commission expires NOTARY PUBLIC, STATE AT LARGE Notary ID# M STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this _ day of , 2018, by Lisa H. Emmons, as Trustee, Grantee and Grantor. My commission expires This iiistyument prepared by: DEN VUK I A� FIRM, PLLC P. O. Box 969 Paducah, KY 42002-0969 212724 Send current tax bill to: City of Paducah, Kentucky P O Box 2267 Paducah, KY 42002-2267 NOTARY PUBLIC, STATE AT LARGE Notary ID# 5 EXHIBIT A-5 QUITCLAIM DEED FROM CITY TO PMCCC FOR TRACT 2 OF M-1260 See attachment. QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this 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, of P O Box 2267, Paducah, Kentucky 42002-2267 (hereinafter, "Grantor") and THE PADUCAH McCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non- profit Kentucky Corporation with its principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter "Grantee"). WITNESSETH WHEREAS, the Grantor owns some, but not all, of that certain parcel of land identified as Tract 2 on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, the Grantee owns some, but not all, of that certain parcel of land identified as Tract 2 on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office; and WHEREAS, it is the desire of the Grantor to convey to the Grantee any interest it may possess in and to said Tract 2. y r NOW, THEREFORE, in and for the consideration of One Dollar and No/100 ($1.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following - described real estate, together with all improvements, appurtenances and rights thereunto belonging, situated in McCracken County, Kentucky, to -wit: Being Tract 2, consisting of 9.236 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being part of same property conveyed to Paducah -McCracken County Convention Center Corporation, by deed dated April 14, 2005, of record in Deed Book 1064, page 565, deed dated April 12, 2005, of record in Deed Book 1064, page 561, and deed dated December 15, 2010, of record in Deed Book 1203, page 240, McCracken County Court Clerk's Office. Also being a part of the same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, 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 the Grantee, its successors and assigns, forever. 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: $590,000.00. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. City of Paducah, Kentucky Paducah McCracken County Convention Center Corporation WE Title: STATE OF KENTUCKY ) ) SS COUNTY OF McCRACKEN ) Title: The foregoing instrument was sworn to and acknowledged before me this day of 2018, by , (title) of City of Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said entity, Grantor. My commission expires: Notary Public, State at Large Notary ID # STATE OF KENTUCKY ) ) SS COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this day of 2018, by , (title) of Paducah McCracken County Convention Center Corporation, a non-profit Kentucky corporation, on behalf of said corporation, Grantee.. My commission expires: Notary Public, State at Large Notary ID # This instrument prepared by: DEN' 'OI I: �QW IAM, PLLC P. O. x 969 Paducah, KY 42002-0969 (270) 450-8253 212727 Send current year tax bill to: Paducah McCracken County Convention Center 128 Broadway Paducah, KY 42001 EXHIBIT A-6 QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 6 OF M-1261 See attachment. 10 QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this day of ', 2018, by and between THE PADUCAH McCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non-profit Kentucky Corporation with its principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter, "Grantor") and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, of P O Box 2267, Paducah, Kentucky 42002-2267 (hereinafter "Grantee"). WITNESSETH THAT FOR AND IN CONSIDERATION of One Dollar and No/100 ($1.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following - described real estate, together with all improvements, appurtenances and rights thereunto belonging, situated in McCracken County, Kentucky, to -wit: Being Tract 6, consisting of 0.2440 acres, as depicted on the Waiver of Subdivision Plat for Midwest Terminal of record in Plat Section M, page 1261, McCracken County Court Clerk's Office. Being part of same property conveyed to Paducah -McCracken County Convention Center Corporation, by deed dated April 12, 2005, of record in Deed Book 1064, page 561, McCracken County Court Clerk's Office. It is the intent of the Grantee to hold the title to the herein described real property in fee simple. TO HAVE AND TO HOLD the same, together with all improvements thereon and all rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns, forever. 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: $500.00 IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. Paducah McCracken County Convention City of Paducah, Kentucky Center Corporation Title: STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) IN Title: The foregoing instrument was sworn to and acknowledged before me this day of 2018, by , title) of Paducah McCracken County Convention Center Corporation, a non-profit Kentucky corporation, on behalf of said corporation, Grantor. My commission expires: Notary Public, State at Large Notary ID # STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was sworn to and acknowledged before me this day of 7 2018, by , (title) of City of Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said entity, Grantee. My commission expires: Notary Public, State at Large Notary ID # This instrument prepared by: DENTC AW FIRV, PLLC P. O. Box 969 Paducah, KY 42002-0969 (270) 450-8253 212902 Send current year tax bill to: City of Paducah P O Box 2267 Paducah, KY 42002-2267 EXHIBIT A-7 DEED OF CONVEYANCE FROM THE COMPANY TO CITY FOR TRACTS 3, 6, & 7 OF M-1261 See attachment. 11 DEED OF CONVEYANCE THIS DEED made and entered into this the fh day of 2018, by and between JIM SMITH CONTRACTING COMPANY, LLC, a Kentucky limited liability company, whose mailing address is 1108 Dover Road, Grand Rivers, KY 42045, hereinafter called Grantor, and CITY OF PADUCAII, KENTUCKY, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, and a body politic and corporate, of P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter called Grantee; WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of $1.00, cash in hand paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, and other good and valuable consideration, Grantor sold and does by these presents grant, bargain, sell, alien and convey unto the 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 3, CONSISTING OF 0.0188 ACRES, TRACT 6, CONSISTING OF 0.2440 ACRES, AND TRACT 7, CONSISTING OF 0.0485 ACRES, AS DEPICTED 'ON THE WAIVER OF SUBDIVISION PLAT FOR MIDWEST TERMINAL OF RECORD IN PLAT SECTION M, PAGE 1261, MCCRACKEN COUNTY COURT CLERK'S OFFICE. BEING A PART OF THE SAME PROPERTY CONVEYED TO JIM SMITH CONTRAC'T'ING COMPANY, LLC, A KENTUCKY LIMITED LIABILITY COMPANY, BY DEED DATED MAY 31, 2009, OF RECORD IN DEED BOOK 1168, PAGE 27, MCCRACKEN COUNTY COURT CLERK'S OFFICE. The intent of the Grantor is to convey the above described tracts in fee simple to Grantee. 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 $12,500.00. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands. JIM SMITH CONTRACTING COMPANY, LLC CITY OF PADUCAH, KENTUCKY By_ a- 4-Zaaq�� Title Y. e i�F,S,+ Cn i, cr STATE OF KENTUCKY COUNTY OF MCCRACKEN ) Title The foregUin; instrument was sworn and acknowledged before me this day of _(fie e r- , 2018, by _ C-', 0-rq l A4ug u VP1 CFQ (title) of Jim Smith Contracting Company, LL , a Kentucky limited liability company, on behalf of said company, Grantor. My commission expires NOTARY PUB IC,,' ATE AT LA GE Notary ID# ,5? � (�'j (� 2 STATE OF KENTUCKY) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of _ _ _ _ _, 2018, by (title), 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, Grantee. My commission expires This instq;Lpcnt prepared by: 1 itr 1, PLLC P. O. Box 969 Paducah, KY 42002-0969 212903 Send 2018 tax bill to: City of Paducah P O Box 2267 Paducah, KY 42002-2267 3 NOTARY PUBLIC, STATE AT LARGE Notary ID# EXHIBIT A-8 FIRST AMENDMENT TO PARKING SITE LEASE FROM CITY TO RIVERFRONT HOTEL FOR TRACTS A & B OF M-1260 See attachment. 12 212910 Parking Site FIRST AMENDMENT TO PARKING SITE LEASE THIS FIRST AMENDMENT TO PARKING SITE LEASE made and entered into on this day of , 2018 (the "Effective Date") by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation, having an address of 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303, (hereinafter referred to as the "Lessee"); CITY OF PADUCAH, KENTUCKY, a Kentucky home class city having an address of 300 South 5t" Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "Lessor"). WITNESSETH: WHEREAS, on November 1, 2015, the Lessor and the Lessee, entered into a Parking Site Lease, which lease is of record in Deed Book 1311, page 214, McCracken County Court Clerk's Office (the "Parking Site Lease"); and WHEREAS, pursuant to the Parking Site Lease, and in furtherance of the accomplishment of the public purposes of the Lessor, Lessor leased the parking site identified on Exhibit B (the "Parking Site") of the Parking Site Lease to the Lessee; and WHEREAS, a recent survey of the Parking Site was performed at the direction of the Lessor and a new legal description has been prepared to more accurately describe the Parking Site; and WHEREAS, the Project Site identified in the Parking Site Lease was also surveyed and a new legal description has been prepared to more accurately describe the Project Site; and WHEREAS, the Lessor and Lessee now desire to amend Exhibit A and Exhibit B of the Parking Site Lease to more accurately identify and describe the Project Site and the Parking Site. NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions contained herein the parties agree as follows: 1. Amendment to the Pgking Site Lease. The Parking Site Lease is hereby modified as follows: (a) Exhibit A "Project Site" of the Parking Site Lease is deleted in its entirety and replaced with the following: Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Previously described as follows: Beginning at a found '/z -inch rebar and cap PLS 2547 being at the intersection of the north right-of-way line of Executive Boulevard with the east right-of-way line North Fourth Street, right-of-way line being 33.00 feet from their centerlines; thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West, a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes 08 seconds West, a distance of 0.15 feet from a found mag nail and being the south line of the City of Paducah property, as recorded in Deed Book 1181, at Page 40 in the office of the McCracken County Clerk; thence serving said city property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet to a calculated point being South 71 degrees 24 minutes 23 seconds West, a distance of 0.10 feet from a found '/z -inch rebar; thence continuing to sever said city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67 feet to a found '/2 -inch rebar being in said north right-of-way line; thence with said north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance of 247.94 feet to the point of beginning and containing 1.465 acres. Being a part of the same property conveyed to City of Paducah, Kentucky, by deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. (b) Exhibit B "Parking Site" of the Parking Site Lease is deleted in its entirety and replaced with the following: Being Lease Tract B, containing 44,881 square feet, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being a part of the same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, and deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. 2. Reaffirmation of the Parking Site Lease. Except for the modification set forth herein, all other terms and provisions of the Parking Site Lease entered into between the parties are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree to perform in strict accordance with the terms and provisions as set forth under the Parking Site Lease. 2 3. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties hereto and their successors, and assigns as of the Effective Date. IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be executed on the day and year first above written. LESSEE: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner go GLENN D. HIGDON Title: President LESSOR: CITY OF PADUCAH, KENTUCKY By: Title: STATE OF KENTUCKY COUNTY OF The foregoing instrument is acknowledged before me this day of , 2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Lessee. Notary Public, State at Large Notary ID # My Commission expires: STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this day of 2018, by , Paducah, Kentucky, on behalf of said municipal corporation, Lessor. My Commission expires: This document prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, KY 42002-0969 212910.doc (title) of City of Notary Public, State at Large Notary ID # 4 EXHIBIT A-9 FIRST AMENDMENT TO AGREEMENT OF LEASE FROM CITY TO RIVERFRONT HOTEL FOR TRACTS A OF M-1260 See attachment. 13 213368 Hotel FIRST AMENDMENT TO AGREEMENT OF LEASE THIS FIRST AMENDMENT TO AGREEMENT OF LEASE made and entered into on this day of , 2018 (the "Effective Date") by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation, having an address of 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303, (hereinafter referred to as the "Tenant"); and CITV OF PADUCAH, KENTUCKY, a Kentucky home class city having an address of 300 South 5"' Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to as the "Landlord"). WITNESSETH: WHEREAS, on November 1, 2015, the Landlord and the Tenant, entered into an Agreement of Lease, which lease is of record in Deed Book 1311, page 144, McCracken County Court Clerk's Office (the "Agreement of Lease"); and WHEREAS, pursuant to the Agreement of Lease, and in furtherance of the accomplishment of the public purposes of the Landlord, Landlord leased the Project Site identified on Exhibit B (the "Project Site") of the Agreement of Lease to the Tenant; and WHEREAS, a recent survey of the Project Site was performed at the direction of the Landlord and a new legal description has been prepared to more accurately describe the Project Site; and WHEREAS, the Landlord and Tenant now desire to amend Exhibit B of the Agreement of Lease to more accurately identify and describe the Project Site. NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions contained herein the parties agree as follows: 1. Amendment to the Agreement of Lease. The Agreement of Lease is hereby modified as follows: Exhibit B "Project Site" of the Agreement of Lease is hereby modified as : Project Site previously described as: Beginning at a found '/2 -inch rebar and cap PLS 2547 being at the intersection of the north right-of-way line of Executive Boulevard with the east right-of-way line North Fourth Street, right-of-way line being 33.00 feet from their centerlines; thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West, a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes 08 seconds West, a distance of 0.15 feet from a found mag nail and being the south line of the City of Paducah property, as recorded in Deed Book 1181, at Page 40 in the office of the McCracken County Clerk; thence serving said city property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet to a calculated point being South 71 degrees 24 minutes 23 seconds West, a distance of 0.10 feet from a found 1/2 -inch rebar; thence continuing to sever said city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67 feet to a found 1/2 -inch rebar being in said north right-of-way line; thence with said north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance of 247.94 feet to the point of beginning and containing 1.465 acres. Project Site is now more accurately described as: Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being a part of the same property conveyed to City of Paducah, Kentucky, by deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. 2. Reaffirmation of the Agreement of Lease. Except for the modification set forth herein, all other terms and provisions of the Agreement of Lease entered into between the parties are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree to perform in strict accordance with the terms and provisions as set forth under the Agreement of Lease. 3. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties hereto and their successors, and assigns as of the Effective Date. IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be executed on the day and year first above written. TENANT: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner GLENN D. HIGDON Title: President F LANDLORD: CITY OF PADUCAH, KENTUCKY Title: STATE OF KENTUCKY COUNTY OF The foregoing instrument is acknowledged before me this day of , 2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Tenant. Notary Public, State at Large Notary ID # My Commission expires: STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this 2018, by Paducah, Kentucky, on behalf of said municipal corporation, Landlord. My Commission expires: Notary Public, State at Large 3 day of _(title) of City of Notary ID # This document prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, KY 42002-0969 213368.doc EXHIBIT A-10 MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE FROM RIVERFRONT HOTEL AND CITY TO LENDER FOR TRACT B OF M-1260 See attachment. 14 2]3093 Parking Site MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE THIS MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE (this "Modification") is made as of the day of , 2018, by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Mortgagor"), as Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303, and INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original Purchaser and Grantee (the "Mortgagee"). RECITALS WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"), the Grantor and the Grantee, as Original Purchaser (each as defined in the Bond Purchase Agreement), the Grantee purchased the Industrial Building Revenue Bonds, Series 2015, in the aggregate principal amount of up to $12,000,000 (the "Bonds") from the Issuer in order to finance the acquisition, construction and equipping of a hotel in downtown Paducah, Kentucky (the "Project"); WHEREAS, as a condition to the purchase of the Bonds, the Mortgagee required the Mortgagor to enter into and grant to Mortgagee a certain Open -End Leasehold Mortgage dated as of November 1, 2015 (the "Existing Mortgage"), which was recorded on November 4, 2015 in Mortgage Book 1481, page 68 in the McCracken County Clerk's Office, encumbering and pledging the Mortgagor's leasehold interest created by the Parking Site Lease dated November 1, 2015, (the "Parking Site Lease") by and between the Mortgagor and the Issuer, which parking site was identified and described on Exhibit A of the Existing Mortgage; WHEREAS, Mortgagor and Issuer have amended the Parking Site Lease pursuant to that certain First Amendment to Parking Site Lease, dated as of , 2018 (the "First Amendment", and together with the Parking Site Lease, as the same may be further amended, restated, modified or supplemented from time to time, the "Amended Parking Site Lease") pursuant to which the parties have agreed to amend Exhibit B, "Parking Site" of the Lease to more accurately identify and describe the Parking Site (as defined in the Amended Parking Site Lease); WHEREAS, Mortgagor and Mortgagee now wish to amend Exhibit A of the Mortgage to more accurately identify and describe the Parking Site in the Existing Mortgage as set forth below. NOW, THEREFORE, for and in consideration of the sum of One and No/ 100ths Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagor and Mortgagee do hereby agree as follows: AGREEMENT Modification of Existing Mortgag,e. The Existing Mortgage is hereby modified as follows: Exhibit A "Parking Site" of the Existing Mortgage is deleted in its entirely and replaced with the following: Being Lease Tract B, containing 44,881 square feet, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being a part of the same property conveyed to City of Paducah, Kentucky, by deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40, and deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. 2. Ratification. Except as expressly set forth herein, Mortgagor covenants and agrees that all of the terms, covenants, promises, warranties, representations and conditions of the Existing Mortgage shall remain in full force and effect and are hereby ratified. Further, nothing contained herein shall in any way impair the validity or priority of the Existing Mortgage. 3. Counterparts. This Modification may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 4. Severability. To the extent any provision of this Modification may be deemed invalid or unenforceable under any law, such provision shall be deemed void and inoperative and shall not form part of this Modification, but the remainder of this Modification shall remain in full force and effect. The parties hereto specifically declare that they would have entered into this Modification if any such void provisions had been omitted herefrom. 5. Successors and Assam. This Modification shall inure to the benefit of and be binding upon the Mortgagor and the Mortgagee and their respective heirs, executors, legal representatives, successors, successors -in -title, and assigns. Whenever a reference is made in this Modification to "Mortgagor" or "Mortgagee," such reference shall be deemed to include a reference to the heirs, executors, legal representatives, successors, successors -in -title and assigns of the Mortgagor or the Mortgagee, as the case may be, but shall not imply any permission to make or permit any transfer which is otherwise prohibited. [Remainder of Page Intentionally Left Blank] 2 IN WITNESS WHEREOF, Mortgagor and Mortgagee have on the date set forth in the acknowledgements hereto, effective as of the date first above written, caused this instrument to be duly EXECUTED AND DELIVERED by authority duly given. MORTGAGOR: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner By: GLENN D. HIGDON Title: President MORTGAGEE: INDEPENDENCE BANK OF KENTUCKY LOW Title: STATE OF KENTUCKY COUNTY OF The foregoing instrument is acknowledged before me this day of —I- 2018, 2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Mortgagor. My Commission expires: Notary Public, State at Large Notary ID # 3 STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this day of 2018, by (title) of Independence Bank of Kentucky, a Kentucky banking corporation, Mortgagee. Notary Public, State at Large Notary ID # My Commission expires: This document prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, KY 42002-0969 213093.doc EXHIBIT A-11 MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE FROM RIVERFRONT HOTEL AND CITY TO LENDER FOR TRACT A OF M-1260 See attachment. 15 213144 MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE Hotel THIS MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT AND AGREEMENT AS TO REAL ESTATE MATTERS (this "Modification") is made as of the day of , 2018, by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Mortgagor"), as Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303, CITY OF PADUCAH, KENTUCKY, a municipal corporation and political subdivision of the Commonwealth of Kentucky, (the "Issuer") of P O Box 2267, Paducah, KY 42002-2267; and INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original Purchaser and Grantee (the "Mortgagee"). RECITALS WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"), the Grantor and the Grantee, as Original Purchaser (each as defined in the Bond Purchase Agreement), the Grantee purchased the Industrial Building Revenue Bonds, Series 2015, in the aggregate principal amount of up to $12,000,000 (the "Bonds") from the Issuer in order to finance the acquisition, construction and equipping of a hotel in downtown Paducah, Kentucky (the "Project"); WHEREAS, as a condition to the purchase of the Bonds, the Mortgagee required the Mortgagor to enter into and grant to Mortgagee a curtain Open -End Leasehold Mortgage, Security Agreement, Assignment and Agreement as to Real Estate Matters dated as of November 1, 2015 (the "Existing Mortgage"), which was recorded on November 4, 2015 in Mortgage Book 1481, page 37 in the McCracken County Clerk's Office, encumbering and pledging the Mortgagor's leasehold interest created by Agreement of Lease dated November 1, 2015, (the "Lease") by and between the Mortgagor and the Issuer, which leased premises was identified and described on Exhibit A of the Existing Mortgage; WHEREAS, Mortgagor and Issuer have amended the Lease pursuant to that certain First Amendment to Lease, dated as of , 2018 (the "First Amendment", and together with the Lease, as the same may be further amended, restated, modified or supplemented from time to time, the "Amended Lease") pursuant to which the parties have agreed to amend Exhibit B, "Project Site" of the Lease to more accurately identify and describe the Project Site (as defined in the Amended Lease); WHEREAS, Mortgagor and Mortgagee now wish to amend Exhibit B of the Mortgage to more accurately identify and describe the Project Site in the Existing Mortgage as set forth below. NOW, THEREFORE, for and in consideration of the sum of One and No/ 100ths Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagor and Mortgagee do hereby agree as follows: 1 follows: AGREEMENT Modification of Existing Mortgage. The Existing Mortgage is hereby modified as Exhibit B "Project Site" of the Existing Mortgage is hereby modified as follows: Project Site previously described as: Beginning at a found %-inch rebar and cap PLS 2547 being at the intersection of the north right-of-way line of Executive Boulevard with the east right-of-way line North Fourth Street, right-of-way line being 33.00 feet from their centerlines; thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West, a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes 08 seconds West, a distance of 0.15 feet from a found mag nail and being the south line of the City of Paducah property, as recorded in Deed Book 1181, at Page 40 in the office of the McCracken County Clerk; thence serving said city property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet to a calculated point being South 71 degrees 24 minutes 23 seconds West, a distance of 0.10 feet from a found '/2 -inch rebar; thence continuing to sever said city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67 feet to a found '/z -inch rebar being in said north right-of-way line; thence with said north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance of 247.94 feet to the point of beginning and containing 1.465 acres. Project Site is now more accurately described as : Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being a part of the same property conveyed to City of Paducah, Kentucky, by deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. 2. Ratification. Except as expressly set forth herein, Mortgagor covenants and agrees that all of the terms, covenants, promises, warranties, representations and conditions of the Existing Mortgage shall remain in full force and effect and are hereby ratified. Further, nothing contained herein shall in any way impair the validity or priority of the Existing Mortgage. 3. Counterparts. This Modification may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 4. Severability. To the extent any provision of this Modification may be deemed invalid or unenforceable under any law, such provision shall be deemed void and inoperative and shall not form part of this Modification, but the remainder of this Modification shall remain in full force and effect. The parties hereto specifically declare that they would have entered into this Modification if any such void provisions had been omitted herefrom. 5. Successors and Assigns. This Modification shall inure to the benefit of and be binding upon the Mortgagor and the Mortgagee and their respective heirs, executors, legal representatives, successors, successors -in -title, and assigns. Whenever a reference is made in this Modification to "Mortgagor" or "Mortgagee," such reference shall be deemed to include a reference to the heirs, executors, legal representatives, successors, successors -in -title and assigns of the Mortgagor or the Mortgagee, as the case may be, but shall not imply any permission to make or permit any transfer which is otherwise prohibited. IN WITNESS WHEREOF, Mortgagor, Mortgagee and Issuer have on the date set forth in the acknowledgements hereto, effective as of the date first above written, caused this instrument to be duly EXECUTED AND DELIVERED by authority duly given. MORTGAGOR: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner ROIN GLENN D. HIGDON Title: President MORTGAGEE: INDEPENDENCE BANK OF KENTUCKY 1.2 Title: ISSUER: CITY OF PADUCAH, KENTUCKY Title: STATE OF KENTUCKY COUNTY OF The foregoing instrument is acknowledged before me this day of , 2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Mortgagor. Notary Public, State at Large Notary ID # My Commission expires: STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this day of 2018, by (title) of Independence Bank of Kentucky, a Kentucky banking corporation, Mortgagee. Notary Public, State at Large Notary ID # My Commission expires: STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this day of , 2018, by (title) of City of Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said entity, Issuer. Notary Public, State at Large Notary ID # My Commission expires: This document prepared by: Denton Law Firm, PLLC P. 0. Box 969 Paducah, KY 42002-0969 213144.doc EXHIBIT A-12 MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES FROM RIVERFRONT HOTEL TO LENDER FOR TRACT A OF M-1260 See attachment. 16 214471 Hotel MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES THIS MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES (this "Modification") is made as of the day of , 2018, by and between PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Tenant"), as Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303, and INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original Purchaser and Grantee (the "Original Purchaser"). RECITALS WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"), the Tenant, as Grantor, and the Original Purchaser, as Grantee (each as defined in the Bond Purchase Agreement), the Original Purchaser purchased the Industrial Building Revenue Bonds, Series 2015, in the aggregate principal amount of up to $12,000,000 (the "Bonds") from the Issuer in order to finance the acquisition, construction and equipping of a hotel in downtown Paducah, Kentucky (the "Project"); WHEREAS, as a condition to the purchase of the Bonds, the Original Purchaser required the Tenant to enter into and grant to the Original Purchaser a certain Assignment of Rents and Leases dated as of November 1, 2015 (the "Existing Assignment"), which was recorded on November 4, 2015 in Deed Book 1311, page 208 in the McCracken County Clerk's Office, encumbering and pledging any existing leases, together any and all future leases affecting the real estate described on Exhibit A (the "Property" or "Project Site") of the Existing Assignment; WHEREAS, Tenant and Original Purchaser now wish to amend Exhibit A of the Existing Assignment to more accurately identify and describe the Property or Project Site in the Existing Assignment as set forth below. NOW, THEREFORE, for and in consideration of the sum of One and No/100ths Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Tenant and the Original Purchaser do hereby agree as follows: AGREEMENT 1. Modification of Existing Assignment. The Existing Assignment is hereby modified as follows: Exhibit A "Property" or "Project Site" of the Existing Assignment is hereby modified as follows: Property or Project Site previously described as: Beginning at a found '/2 -inch rebar and cap PLS 2547 being at the intersection of the north right-of-way line of Executive Boulevard with the east right-of-way line 1 North Fourth Street, right-of-way line being 33.00 feet from their centerlines; thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West, a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes 08 seconds West, a distance of 0.15 feet from a found mag nail and being the south line of the City of Paducah property, as recorded in Deed Book 1181, at Page 40 in the office of the McCracken County Clerk; thence serving said city property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet to a calculated point being South 71 degrees 24 minutes 23 seconds West, a distance of 0.10 feet from a found 1/2 -inch rebar; thence continuing to sever said city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67 feet to a found 1/2 -inch rebar being in said north right-of-way line; thence with said north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance of 247.94 feet to the point of beginning and containing 1.465 acres. Property or Project Site is now more accurately described as : Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260, McCracken County Court Clerk's Office. Being a part of the same property conveyed to City of Paducah, Kentucky, by deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record in the McCracken County Court Clerk's Office. 2. Ratification. Except as expressly set forth herein, Tenant covenants and agrees that all of the terms, covenants, promises, warranties, representations and conditions of the Existing Assignment shall remain in full force and effect and are hereby ratified. Further, nothing contained herein shall in any way impair the validity or priority of the Existing Assignment. 3. Counterparts. This Modification may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 4. Severabilitv. To the extent any provision of this Modification may be deemed invalid or unenforceable under any law, such provision shall be deemed void and inoperative and shall not form part of this Modification, but the remainder of this Modification shall remain in full force and effect. The parties hereto specifically declare that they would have entered into this Modification if any such void provisions had been omitted herefrom. 5. Successors and Assigns. This Modification shall inure to the benefit of and be binding upon the Tenant and the Original Purchaser and their respective heirs, executors, legal representatives, successors, successors -in -title, and assigns. Whenever a reference is made in this Modification to "Tenant" or "Original Purchaser," such reference shall be deemed to include a reference to the heirs, executors, legal representatives, successors, successors -in -title and assigns of the Tenant or the Original Purchaser, as the case may be, but shall not imply any permission to make or permit any transfer which is otherwise prohibited. 2 IN WITNESS WHEREOF, Tenant and Original Purchaser have on the date set forth in the acknowledgements hereto, effective as of the date first above written, caused this instrument to be duly EXECUTED AND DELIVERED by authority duly given. TENANT: PADUCAH RIVERFRONT HOTEL LP, By: Paducah Hotel Inc., a Kentucky corporation, Its General Partner By: GLENN D. HIGDON Title: President ORIGINAL PURCHASER: INDEPENDENCE BANK OF KENTUCKY L'In Title: 3 STATE OF KENTUCKY COUNTY OF The foregoing instrument is acknowledged before me this day of , 2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Tenant. Notary Public, State at Large Notary ID # My Commission expires: STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument is acknowledged before me this day of 2018, by 5 (title) of Independence Bank of Kentucky, a Kentucky banking corporation, Original Purchaser. My Commission expires: This document prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, KY 42002-0969 214471.doc Notary Public, State at Large Notary ID # El r N BEARINGS SHOWN HEREON ARE BASED ON KENTUCKY STATE PLANE COORDINATES (SOUTH ZONE) W E MIDWEST TERMINAL INC. S DEED BOOK 688, PAGE 812 EXISTING EASEMENTS FOR THE MAINTENANCE PURPOSES ON AERIAL PIPE LINE, FOR THE BENEFIT OF MIDWEST TERMINAL, INC. PER PLAT SECTION 1", PAGE 1354 & PLAT SECTION "L", PAGE 1487 AND DEED BOOK 1061, PAGE 94 EXIST. 15WIDE P.U.E.EASEMENT PER PLAT SECTION "L", PAGE 1487 CAMPBELL STREET-. N41°33'30' .49' i EXIST. 15' WIDE P.U.E.EASEMENT� PER PLAT SECTION "L", PAGE 1487 N 39°45'53" W 18.27' N 39°45'36" W 27.37' - 'g'0 REBAR & CAP #3117 j EXIST. PARKING LOT ENCROACHES ONTO - SUBJECT PROPERTY AS SHOWN HEREON AND AS SHOWN ON PLAT SECTION "L", PAGE 1487 AND IN DEED BOOK 1061, PAGE 98 1 S 51 °10'43" E 30.42' S88032'00"E RT.B.E. CH:H:::2424.88' N 89°05'12" E RAD: 24.50' CH: 254.61' ARC: 26.09' RAD: 270.00' ARC: 265.13' TRACT 4 AREA: 207,053 SO. FT. /' 4.753 ACRES ZONE INFORMATION: THE PROPERTY SHOWN HEREON IS CURRENTLY ZONED "B-3" "B-3" = GENERAL BUSINESS ZONE MINIMUM YARD REQUIREMENTS: NONE MINIMUM AREA REQUIREMENTS: NONE MAXIMUM BUILDING HEIGHT: NONE INTENT: THE INTENT OF THIS WAIVER OF SUBDIVISION IS TO ESTABLISH AND/OR ABOLISH CERTAIN PROPERTY LINES, LEASE LINE & EASEMENTS AS SHOWN HEREON. N 60°57'20" E R T.B.E. / 21.76' / S 5800120" E R T.B.E. i 26.03' 40.02'32 E ASPHALT S56110 �OONC. CURB - .' &GUTTER 'y 0 6 49.63' EXIST. 40' WIDE STORM SEWER ?°4 T.e ♦ EASEMENT PER PLAT SECTIONS / / `\\\ 823e1•4 4l"^ry1 k ♦ "L" PAGE 1354 i / TRACT 2 < \ r / AREA 402,307 SQ. FT. /' Mas°36130" \ S ( 9.236 ACRES i CH6 D: 6.2T RADIUS`.25.00' d I I ARC: 6.28' R T.B.E. i S 48°19'00" E ( /i1 N 48024'36" W J 41.20' O 10.84' < R T.B.E. R T.B,E a `\ <co +O V-/ Uo v \ FLOODWALL \ \�O'\ S 64 30 '50 W ti \� �2o-BALCONY B ck MAG NAIL I \ 01-0o z"0 REBAR & ASPHALT CAP#1682 1 T 8 '� \ ���g�\• S45°41'09"E6.30 OR �� It T.B.E. R° GENERAL NOTES: 1Q LEASE LINES ESTABLISHED PER PLAT SECTION "L". PAGE 1354 WERE LATER CONVERTED TO PROPERTY LINES PER SPECIAL WARRANTY DEED, RECORDED IN DEED BOOK 1181, PAGE 40. FLOOD ZONE INFORMATION: THIS PROPERTY HAS BEEN ZONED FLOOD ZONE AE, "I% ANNUAL CHANCE FLOOD PLAIN" AS SHOWN ON THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 21145CO153F, EFFECTIVE NOVEMBER 2, 2011. PROPERTY INFORMATION: O WNER/CLIENT: O W NER/CLIENT: CITY OF PADUCAH, KENTUCKY THE PADUCAH MCCRACKEN COUNTY P.O. BOX 2267 CONVENTION CENTER CORPORATION PADUCAH, KY. 42002-2267 605 BROADWAY COUNTY. MCCRACKEN COUNTY PADUCAH, KY. 42001 SOURCE OF TITLE: SOURCE OF TITLE: DEED BOOK 1181, PAGE 35 DEED BOOK 1203, PAGE 240 DEED BOOK 1181, PAGE 40 DEED BOOK 1064, PAGE 561 DEED BOOK 1185, PAGE 732 DEED BOOK 1064, PAGE 585 N U DEED BOOK 1181, PAGE 40 PLAT REFERENCES: 1/T6 x IR" LONG REBAR W/ PLASTIC CAP PLAT BOOK "J" PAGE 361 STAMPED _KAW.13445" (SD UNLESS PLAT BOOK "L" PAGE 1354 NOTED OTHERWISE) PLAT BOOK "L" PAGE 1487 MAG NAL W/ SHINER PLAT BOOK "M" PAGE 359 "KJ W.13445' (SET UNLESS PLAT BOOK "M" PAGE 360 NOTED OTHERWISE) PLAT BOOK "M" PAGE 516 EXISTING PROPERTY MARKER AS NOTED SURVEYOR'S CERTIFICATE: I DO HEREBY CERTIFY THAT THE BOUNDARY & TOPOGRAPHIC INFORMATION SHOWN HEREON WAS PERFORMED UNDER MY DIRECT SUPERVISION BY USING REAL TIME KINEMATIC "RTK" GPS (TOPCON GR3 DUAL FREQUENCY RECEIVERS) HORIZONTAL INFORMATION IS BASED ON AN ONLINE POSITIONING USER SERVICE "OPUS" (NAD 83, KENTUCKY STATE PLANE COORDINATES SOUTH, GEOID 12A) BEARINGS AND DISTANCES SHOWN HEREON ARE COMPUTED USING GROUND COORDINATES. THE ACCURACY AND PRECISION OF SAID SURVEY MEETS OR EXCEEDS SPECIFICATIONS OF AN "URBAN" SURVEY. ORIGINAL DATE OF SURVEY JANUARY, 2017, UPDATED JANUARY 2018. ..... K. JI -7i" =� WOOD K. 44 . JETT WOOD, P.L.S. #3445 E Fd111 ESIONAL ANN SURVEYOR _ THIS PROPERTY IS SUBJECT TO ALL PREVIOUSLY CONVEYED RIGHT-OF-WAYS AND EASEMENTS. 5:48°19'00" E ' - `- AERIAL CONC. 156.54' WALK 4t°41'00" W 4.48' ; R T.B,F. e \ A PLANNING AND ZONING CERTIFICATE OF APPROVAL UNDER AUTHORITY PROVIDED BY CHAPTER 100 OF THE KENTUCKY REVISED STATUTES AND ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, THIS PLAT HAS BEEN GIVEN APPROVAL AND ACCEPTED BY THE PADUCAH PLANNING AND ZONING COMMISSION AT A MEETING HELD/%+�.;. CERTIFICATE OF RECORDING STATE OF KENTUCKY, COUNTY OF McCRACKEN I HEREBY CERTIFY THAT THIS PLAT WAS THIS DAY LOGGED IN MY OFFICE FOR RECORD AND THAT I HAVE RECORDED SAME TH THIS AND(" THE FOREGOING CERTIFICATES IN MY OFFICE. GIVEN UNDER MV SEAL THIS DAY OF AND RECORDED IN PLAT SECTION ,'i •._',_' PAGE '. MC�RACKEN COUNTY doURT CLERK DEPUTY COURT CLERK L Q LEASE TRACT 3 PLAT SECTION "L", 1354 LEASE LINES LATER CONVERTED TO PROPERTY LINES PER DEED BOOK 1181, PAGE 40 ti TO BE ABOLISHED PER THIS SURVEY 7 TRACT 3A AREA: 81,215 SQ. FT. 1.864 ACRES AERIAL CATWALK PLAT OF CORRECTION: PREVIOUS TO THE CREATION OF PLAT SECTION "M", PAGE 851 A LIMITED WARRANTY DEED WAS PROVIDED INDICATING A CHANGE FROM LEASE LINES TO PROPERTY LINES. THIS PLAT REFLECTS PROPERTY LINES WHERE LEASE LINES PREVIOUSLY EXISTED. CITY OF PADUCAH ANNEXATION TO THE THREAD OF THE OHIO RIVER PER PLAT BOOK "M", PAGE 516 DATED NOVEMBER 30, 2011 302 CONTOUR - (ELEVATION BASIS UNDETERMINED) - \ `?9p PER SURVEY'S LISTED BELOW: `TRACT3B 42' MEANDER LINE BY F&H BOUNDARY OF BARKLEY PARK 03181 A F\A: 37,454 SQ. FT. RE-ESTABLISHED BY JACK GRAY & ASSOC. PLAT BOOK "J", 0860 ACRES PAGE 361, HONORED BY SCI SURVEYORS INC. PLAT BOOK "L', \ \ APPROX. PAGE 1354 AND RE -HONORED BY THIS SURVEY \ \ \ f FLOODWAY r \ \ \ \ BOUNDARY \ ASPHALT / \ Oy MAG NAIL (RE'FERENCE / ON ENT O \ '\wi` 55� ALX v �♦ - „ lwzjT. JF.S �, ��r �' - \ \) CAP#3117 FLOODWL \` 1O'SEW REASEMENT �S Ql° \�/��' \ S C_ \I/ 25'FLOODWALL RIGHT-OF-WAY p\♦ �Z _ jy7 ' x \ p9> PER PLAT SECTION "U' PAGE 1354 fid• ♦ "06+ -_ �, - Y ' [r 17 /� / 10' RESERVED IN DEED BOOK 409, PAGE 129 Fle 2e :\* _ _ / B" \ \ d. l� EXIST, 30' WIDE SEWER FS \ S \ LEGEND RECORDEDA 08,2018 09.M.00 AM RIGHT LINE TOTAL FEES: 520.00 PRO'ERTY LINE '— - - ADJOIWNG PROPERTY LINE - -- - - - --- EXISTING EASEMENT UNE COUNTY. MCCRACKEN COUNTY PROPERTY LINE -0 BE ABOLISHED BOOK:CAI PAGES: 1260 -1280 PER THIS SURVEY -_________ EASEMENT LINE O BE ESTABLISHED PER THIS SURVEY LEASE LINE TO BE ESTABLISHED N U PER THIS SURVEY 1/T6 x IR" LONG REBAR W/ PLASTIC CAP ® STAMPED _KAW.13445" (SD UNLESS NOTED OTHERWISE) V MAG NAL W/ SHINER 0 "KJ W.13445' (SET UNLESS NOTED OTHERWISE) O EXISTING PROPERTY MARKER AS NOTED A PROPERTY UNE ANGLE POINT Q T.B.E. PROPERTY LINE TO BE ESTABLISHED PER THIS SURVEY' E TBA PROPERTY LINE i0 BE AROU5HED PER ]HIS SURVEY SITE VICINITY MAP PROPERTY OWNERS CERTIFICATE: "1 (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND DESCRIBED HEREON AND FREELY GIVE MY (OUR) CONSENT TO SUBDIVIDE THE PROPERTY SHOWN AND DESCRIBED HEREON." = KENTUCKY SIGNATURE - MAYOR DATE PADU cCRACKEN CO. CONVENTION CENTER CORP. SIGNATURE - CHAMAN DATE CERTIFICATE OF ACKNOWLEDGMENT: STATE OF COUNTY OF LJ.Y I, Po1AAINIOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, DO HEREBY CERTIFY T T THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY PRESENTED TO ME BY f [4�VH0 THEN EXECUTED SAID CERTIFICATE IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES STATED THEREIN. SUBSCRIBED AND SWORN TO EFORE M HI %DAY OF .205 NOTARY PUBLIC SIGNATURE: 1.1 07MY COMMISSION EXPIRES: I-'2G"fl rlPRrlFlr-erl9 nF ArfrunI =nr_ucur. 5� STATE OF V:j— COUNTY OF 648Cri.6 jD, I, A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, DO HEREBY CERTIFY T T THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY PRESENTED TO ME BY �Yf�n S _ - WHO THEN EXECUTED SAID CERTIFICATE IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES STATED THEREIN. SUBSCRIBED AND SWORN TO BEF E E T 1 DAY OF 20g NOTARY PUBLIC SIGNATURE: MY COMMISM� EXPIRES: 6$19 2 Z Q EASE M ENT PER PLAT g \� dLEASE TRACTA 296\♦ T ,� / SECTION SJI PAGE 361 ?O9, \�� \� k TO BE ESTABLISHED AS \ \ A PUBLIC UTILITY EASEMENT \ S. p\ �'+ AREA 63,805 SQ. FT. PER THIS SURVE\1' \ \N\� 1.4650 ACRES q1� �J \� -� j�i - . \\ TRACT 1 ` -kAREA: 641,811 SQ. FT. \ \ ca14.734 ACRES 2'0 REBAR W/ \� \ �/ \ \ �\MAG NAIL - \ \ nTs°T'0� ALUMINUM CAP \ \ /' \ �\ ASPHALT (REFERENCE MONUMENT) EXIST. 30'WIDE SEWER EASEMENT PER PLAT SECTION "J", PAGE 361 \ \ \ TO BE ESTABLISHED AS \ A PUBLIC UTILITY EASEMENT \\ \ \ PERTHISSURVEY SPECIAL NOTES: \ \ \ T A RECIPROCATING INGRESS/EGRESS & ACCESS EASEMENT \ ^ \ \ \ / EDGE OF ASPHALT -' r� IS ESTABLISHED PER THIS SURVEY TO SERVE ALL OPEN AREAS OF TRACTS 1 - 4 AND LEASE AREAS, AS DEPICTED MAG I�A'�. ♦ `\ i' ON THIS PLAT. ♦ '-_ S 64°52'11" W 38.43' \ `� ASPHALT 0 �. i \ EXISTING BUILDING EXISTING BUILDING (OVERHEAD) TRACT 3B IS -0 BE OWNED BY THE CITY OF PADUCAH AND TO BE USP FOR CHY OF PADUCAH PUBLIC PARKING AND INGRESS EGRESS TO TRACT 3A LEASE TRACT TO BE ESTABLISHED PER THIS SURVEY RECIPROCATING INGRESS/EGRESS EASEMENT �'(R/,/ \ \ �Tt9°♦ / sMAG NAIL -� �R\S�N�N\ 5r z"0 REBAR & �6; \ '\0 ��♦♦ CAP #3117 gb S Z on 0 \ 259\♦ 5211 $� 2 \\`\��\ FLOODWALL - _ /O^ "/ / �� a\\ N 7 GRAPHIC SCALE iW 0 50 tOD YOU .00 ( IN FEET ) 1 Inch v 100ft. PROPERTY LINE FOLLOWS THE MEANDERS OF THE NAVD88 302 CONTOUR LINE (APPROX. 990' +/-) BASED OFF AN AS -BUILT SURVEY DATED 1/2612018. OCCUMENTNO. 58]558 \ 199?665 SS329•S - FLOODWALL \ \ \. '56" W 42.26' \ UTILITIES NOTES: 1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER. 2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA). 3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM. COPY RECORDEDA 08,2018 09.M.00 AM TOTAL FEES: 520.00 COUNTY CLERK: JULIE GRIGOS ra DEPUTY CLERK LAURELANDERSON COUNTY. MCCRACKEN COUNTY m BOOK:CAI PAGES: 1260 -1280 \ 199?665 SS329•S - FLOODWALL \ \ \. '56" W 42.26' \ UTILITIES NOTES: 1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER. 2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA). 3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM. COPY CZ nQR G C) F 0 Z 0 " C g�E Ll. Z Nga € Q w €l, 5 m ga 8 3 a. c OP c a s Y U D E- Z w Y Z D O U Z w Y w� U QI �U �aD LO 0 va SHEET f m N U � ■ O V Y O 0 o x mW a W e 6 C CZ nQR G C) F 0 Z 0 " C g�E Ll. Z Nga € Q w €l, 5 m ga 8 3 a. c OP c a s Y U D E- Z w Y Z D O U Z w Y w� U QI �U �aD LO 0 va SHEET ZONE INFORMATION: THE PROPERTY SHOWN HEREON IS CURRENTLY ZONED "B-3" OR'M-1"AS SHOWN ON EACH PARCEL MINIMUM YARD REQUIREMENTS: B-3 NONE M-1 FRONT: 25 FEET, REAR: 25 FEET, SIDE: 10 FEET MINIMUM AREA REQUIREMENTS: B-3 NONE M-1 LESS THAN 4,000 SQ FT BUILDING: 7,500 SQ FT M-1 MORE THAN 4,000 SQ FT BUILDING: 15,500 SO FT MAXIMUM BUILDING HEIGHT: B-3 AND M-1 NONE DOCUMENT NO: 587558 RECORDED:Mzy 082018 09:3390 AM TOTALFEES: $20.00 COUNTY CLERK JULIE GRIGGS DEPUTY CLERK: LAUREL ANDERSON COUNTY: MCCRACKEN COUNN BOOK: CABM PAGES: 1261 -1261 CERTIFICATE OF EXIST. 10' WIDE EASEMENT FOR THE AINTENANCE PURPOSES ON AERIAL JIM SMITH CONTRACTING COMPANY, LLC M DEED BOOK 1168, PAGE PIPE LINE, FOR THE BENEFIT OF MIDWEST TERMINAL INC PER PLAT SECTION 'L" EASEMENT FOR THE MAINTENANCE PURPOSES ON AERIAL PIPE LINE, FOR THE BENEFIT OF MIDWEST TERMINAL, INC. ESTABLISHED PER THIS SURVEY. CITY OF PADUCAH DESIRES MIDWEST TERMINAL TO DEDICATE THIS AREA TO THE CITY FOR ITS USE FOR TRAIL AND PERMANENT CLOSURE OF FLOODWALL EXIST. 15' WIDE P.U.E. EASEMENT OPENING. PER PIAT SECTION "L", PAGE 1354 JIM SMITH CONTRACTING CO. LLC ' DEED BOOK 1168, PAGE 27 THE PADUCAH MCCRACKEN COUNTY CONVENTION CENTER S41° 34 42'W DEED BOOK 1203, PAGE 240 S58" 017'02"E 13.91' TRACT 6 79.46 PLAT BOOK "L", PAGE 1487 i"0 REBAR & / AREA = 10629 SQ FT CAP #3117 ACRE = 0.2440 -\ R T.B.A. JIM SMITH CONTRACTING CO. LLC DEED BOOK 1168, PAGE 27 TRACT 7 PLAT BOOK "O", PAGE 230 AREA =2115 SO FT ACRE = 0.0485 -� JIM SMITH CONTRACTING CO. LLC DEED BOOK 1168, PAGE 27 TRACT 5 CAMPBELL, STREET PLAT BOOK "O", PAGE 230 (50' R(W) AREA = 7493 SO FT ACRE = 0.1720 EXIST. 15' WIDE P.U.E.EASEMENT PER PLAT SECTION "L", PAGE 1354 \ \` JIM SMITH CONTRACTING CO. LLC \ DEED BOOK 1168, PAGE 27 TRACT 4 J PLAT BOOK "O", PAGE 230— AREA = 15415 SQ F7 ACRE = 0.3538 STATE OF KENTUCKY, COUNTY OF McCRACKEN I HEREBY CERTIFY THAT THIS PLAT WAS THIS DAY LOGGED IN MY OFFICE FOR RECORD AND THAT I HAVE RECORDED SAME WITH THIS AND THE FOREGOING CERTIFICATES IN MY OFFICE. GIVEN UNDER MY SEAL THIS __LL DAY OF1 tiI, } AND RECORDED IN PLAT SECTION (4 bl�l PAGE,_ McCRkCKEN COUNWCIDURT CLERK DEPUTY COURT CLERK PROPERTY OWNERS CERTIFICATE: "f (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNERS) SHOWN AND DESCRIBED HEREON AND FREELY GIVE MY (OUR) CONSENT TO SUBDIVIDE THE PROPERTY SHOWN AND DESCRIBED HEREON." SIGNAT A 1) DATE JIM SMI �� T NG COMPANY, LLC 0l 3 L�1a-�VXu., h�i-` � V SIGNARE-CHAIRMAN DATE PADUC H-McCRACKEN CO. CONVENTION CENTER CORP. CERTIFICATE OF ACKNOWLEDGMENT: STATE OF�<� COUNTY OF ,F r ; I, CERTIFY A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, DO HEREBY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY PRESENTED TO ME BY a a WHO THEN EXECUTED SAID CERTIFICATE IN MY PRESENCE AND ACKNOWLEDGED DGED AME TO BE A FREE ACT AND DEED FOR THE PURPOSES STATED THEREIN. A , SUBSCRIBED AND SWORN T¢ BEFORE � THIS'c IIIIS�DAY OF 20«. NOTARY PUBLIC SIGNATURE ' ' '� e D MY COMMISSION EXPIRES: L j 1 CERTIFICATE OF ACKNOWLEDGMENT: STATE OFX_ COUNTY OF I..�,(-'CYA " I, I ' (, A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID, DO HEREBY CERTIFY THAT THI PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY PRESENTED TO ME BY Icaf"2, WHO THEN EXECUTED SAID CERTIFICATE IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES STATED THEREIN. SUBSCRIBED AND SIGNATURE OBFFOYAaISO PIM NOTARY PUBLIC ,MYCOMSEXES5011 'v M � 'dry LIS `� S27° 42'251 v S59° 54' 13"E v 48.25' Cg \— � w � TANK ASPHALT TANK \ \`�^\\FLOOD PLAIN "X" \ \ FLOODWALL \\ °\'\ 1 ST ZO n� oma �� \ T_ S FA M-1 �\6xiY \ �y ° ASPHALT T\�\ , Parcel Line Table Line# Length Direction Ll 4.92 S86' 17'03"W L2 52.01 N69" 15'30"W L3 35.56 N69° 15'30'W L4 88.80 N41" 33'36"E L5 29.83 N29" 46'31"E LIS 18.27 S39° 45'53"E L7 45.13 S29° 57' 03RN L8 10.00 S24° 51'03'E L9 81.68 S64° 56'31'W L10 81.69 S64" 56' 31"W L11 10.00 S24° 53'24"E PLANNING AND ZONING CERTIFICATE OF APPROVAL UNDER AUTHORITY PROVIDED BY CHAPTER 100 OF THE KENTUCKY REVISED STATUTES AND ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, THIS PLAT HAS BEEN GIVEN APPROVAL AND ACCEPTED BY THE PADUCAH PLANNING AND ZONING COMMISSION AT A MEETING HELD' ,A / PAGE 1354 & PLAT SECTION "L", PAGE 1487 7 / AND DEED BOOK 1061, PAGE 94 N , BEARINGS SHOWN HEREON ARE I /•BASED ON KENTUCKY STATE PLANE CITY OF PADUCAH COORDINATES (SOUTH ZONE) /i \ PLAT SECTION N. PAGE (ZW W E Y TRACT 4 x s / 0 y EXIST. 40' WIDE'STORM M 7 / SEWER EASE EGN[JT O PER PLAT SECTION °L", PAGE 135 4 20"E 40.00.0 2'' N 89°05'12" E � I11./ - S 88'32'00'E CH: 254.61 CH: 24.88' RAD: 270.00' RAD: 24.50' ARC: 265.13 THE PADUCAH MCCRACKEN COUNTY ARC: 26.09 ,. / CONVENTION CENTER CORPORATION DEED BOOK 646, PAGE 612 / 7 , DEED BOOK 1064, PAGE 565 \ N 60"57'20" E �� DEED BOOK 1060, PAGE 653 M � 21.76 X PLAT SECTION . PAGE IZGo - N 31 °48'00" E 26.03' TRACT2A / i"G REBAR& CAP #3117 / EXIST. PARKING LOT ENCROACHES ONTO SUBJECT PROPERTY AS SHOWN HEREON AND AS SHOWN ON PLAT SECTION "L", PAGE 1487 AND IN DEED BOOK 1061, PAGE 98 / FLOOD PLAIN "AE' I I , I / CITY OF PADUCAH �! DEED BOOK 1088, PAGE 548 - PLAT BOOK "L", PAGE 1487 £. I I > I I L I ` MAG NAIL B-3 � !ET S 64°55'50" W \ 3 M-1 2 0.00' 0 R T.B.E. Z a B-3 AREA = 401,726 SQ. FT. ACRE = 9.2224 F 4g) S41" 33'13'W '? 52.86' N 55.361 W 6tiORD: 6.27' RADIUS: 25.00' ARC: 6.28' i JG�2q,Y N48" 24' 38'Y�� Q9 10. REQ G �O Y /o Pp F R N % Q>- CITY OF PADUCAH ' �� \\ FLOOD WALL EASEMENT DEED BOOK 200, PAGE 357 S45° 41'09"E 6.3 PLAT BOOK "L" PAGE 1487 28"W rS24° 53'24'E 56.27 S48° CITY OF PADUCAH \ PLAT SECTION M, PAGE 1260\ TRACT 3B //^\\ CITY OF PADUCAH / \ ' CITY OF PADUCAH /-/ FLOOD WALL PUMP PLAN REMAINING AREA '\ PLAT BOOK "L", PAGE 1487 ` JIM SMITH CONTRACTING CO. LLC O Z � --DEED BOOK 1168, PAGE 27 \ 0\ TRACT 3 T PLAT BOOK 'I:. PAGE 1565 A 7 ACRE 80. 186 \ '. JIM SMITH CONTRACTING CO. LLC \ \ DEED BOOK 1168, PAGE 27 TRACT 2 PLAT BOOK "L", PAGE 1565 AREA = 224,241 SO FT ACRE = 5.1479 COPY SITE VICINITY MAP /\ \ CITY OF PADUCAH \ PLAT SECTION H . PAGE 1Z6o TRACT3A \ SPECIAL NOTE: � S48° 19' 00"E / 156.54' TRACT 2A IS SUBJECT TO RECIPROCATING INGRESSI / \ EGRESS AND ACCESS EASEMENT TO SERVE ALL OPEN vv S41 ° 41' kI 4.18' LEGEND RIGHT-OF-WAY LINE PROPERTY LINE — — ADJOINING PROPERTY LINE EXISTING EASEMENT LINE 1/2"0 x 18' LONG REBAR W/ PLASTIC CAP 0 STAMPCG %JA113445" (SET UNLESS NOTED OTHERWISE) MAG NAIL W/ SHINER 0 'K.J.W.)3445- (SET UNLESS NOTED OTHERWISE) 0 EXISTING PROPERTY MARKER AS NOTED A PROPERTY LINE ANGLE POINT 0 "X" CUT IN CONCRETE EXISTING BUILDING � I EXISTING BUILDING (OVERHEAR) L— It T.B.E. PROPERTY LINE TO BE ESTABLISHED PER THIS SURVEY It T.B.A. PROPERTY LINE TO BE ABOLISHED PER THIS SURVEY GRAPHIC SCALE 1ao 0 w iw =0 4w ( IN FEET ) I Inch -I OOrt. UTILITIES NOTES: 1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER. 2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA). 3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM. AREAS PER PLAT SECTION VI PAGE 1200 INTENT: THE INTENT OF THIS WAIVER OF SUBDIVISION PLAT IS TO ESTABLISH & ABOLISH LOT LINES, TO ESTABLISH A PIPELINE EASEMENT, AND TO ESTABLISH AN INGRESS/ EGRESS EASEMENT AS SHOWN HEREON. FLOOD ZONE INFORMATION: THIS PROPERTY HAS BEEN ZONED FLOOD ZONE AE "1% ANNUAL CHANCE FLOOD PLAIN" OR X".2% ANNUAL CHANCE" AS SHOWN ON THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 21145CO153F, EFFECTIVE NOVEMBER 2, 2011. PROPERTY INFORMATION: CLIENT: CITY OF PADUCAH, KENTUCKY P.O. BOX 2267 PADUCAH, KY. 42002-2267 OWNER (TRACT 1): THE PADUCAH MCCRACKEN COUNTY CONVENTION CENTER CORPORATION 60513ROADWAY PADUCAH, KY. 42001 SOURCE OF TITLE: DEED BOOK 1203, PAGE 240 DEED BOOK 1064, PAGE 561 DEED BOOK 1064, PAGE 565 PLAT REFERENCES: PLAT BOOK "M" PAGE 851 OWNER: JIM SMITH CONTRACTING COMPANY, LLC 1108 DOVER ROAD GRAND RIVERS, KY. 42045 SOURCE OF TITLE: DEED BOOK 1168, PAGE 27 PLAT BOOK "L" PAGE 1565 PLAT BOOK "L" PAGE 1487 SURVEYOR'S CERTIFICATE: I DC HEREBY CERTIFY THAT THIS REPRESENTS A BOUNDARY SURVEY AND COMPLIES WITH 201 KAR 18:150 AND THAT THE BOUNDARY & TOPOGRAPHIC INFORMATION SHOWN HEREON WAS PERFORMED UNDER MY DIRECT SUPERVISION BY USING REAL TIME KINEMATIC "RTK" GPS (TOPCON GR3 DUAL FREQUENCY RECEIVERS) HORIZONTAL INFORMATION IS BASED ON AN ONLINE POSITIONING USER SERVICE "OPUS' (NAD 83, KENTUCKY STATE PLANE COORDINATES SINGLE, GEOID 12B) BEARINGS AND DISTANCES SHOWN HEREON ARE COMPUTED USING GROUND COORDINATES. THE ACCURACY AND PRECISION OF SAID SURVEY MEETS OR EXCEEDS SPECIFICATIONS OF AN 'URBAN' SURVEY. DATE OF SLm)(I474 =SIATF d 1<71NUCKY= WOOD n K YI7A IAMY R,c tt3445 JETT WOOD, P.L.S. #3445 - DIA'VcED - E THIS PROPERTY IS SUBJECT TO ALL PREVIOUSLY CON AND EASEMENTS. au,Bni'l'iMId41Th114i�AYS Q J CL z O U) D m D IL O d Y U 7 z W Y H z D O U Z W QU Zq � V W g t-- WU ❑ 0 is SHEET D 0 f � Y � W Y Q S O tl a w tl 2 G w ytli s `F < m ZO 6 C E W K I, Q J CL z O U) D m D IL O d Y U 7 z W Y H z D O U Z W QU Zq � V W g t-- WU ❑ 0 is SHEET AN ORDINANCE PROVIDING FOR THE CLOSING OF AN ALLEY RUNNING PARALLEL BETWEEN MURRAY AVENUE AND BROWN STREET, EAST OF D.A.V. DRIVE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize the closing of an alley running parallel between Murray Avenue and Brown Street, East of D.A.V. Drive, and being more particularly described as follows: Tract A A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) 20.00 feet east of the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a Mag nail with washer stamped "2900" (set) 20.00 feet east of the centerline of D.A.V. Drive; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet along the east right of way of D.A.V. Drive to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract B A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 and Deed Book 648, Page 618, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 648, Page 618 to an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900"(found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract C A certain portion of a 15 foot wide alley containing 0.0344 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found) in the south line of the Larry Caldwell property described in Deed Book 1103, Page 642 and Deed Book 1259, Page 359, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 200.00 feet along the north line of a 15 foot wide alley and the south line of the Larry Caldwell property recorded in Plat Section "M", Page 913 to an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 200.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The westernmost 80.00 feet of the above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the easement. Tract D A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at an existing 1/2" diameter rebar with plastic cap stamped "R. TOSH KYPLS 2900" (found) at the southwest corner of the MDF Atlas Holdings, LLC property described in Deed Book 1265, Page 630, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract E A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) at the southwest corner of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract F A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract G A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a Mag nail with washer stamped "2900" (set) in the centerline of a 15 foot wide alley, said point being located 20.00 feet east of the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a point, [and passing through a 1/2" diameter rebar with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 4.50 feet]; Thence along the north line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a Mag nail with washer stamped "2900" (set), said point being located 20.00 feet east of the centerline of D.A.V. Drive; Thence along the east line of D.A.V. Drive North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract H A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet [and passing through a 1/2" diameter rebar with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 3.00 feet] to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract I A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract J A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 140.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Larry Caldwell property described in Deed Book 811, Page 600 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right-of-way. Tract K A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 180.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a point; Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract L A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a point in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 220.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract M A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 260.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract N A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract O A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence along the north line of the George Etheridge Estate property described in Deed Book 221, Page 241 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract P A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set) at a common corner to the Tobby and Stacey Haines property described in Deed Book 1357, Page 771 and Deed Book 1030, Page 20, recorded in Plat Section "K", Page 324; Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence along the north line of the Tobby and Stacey Haines property North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to an existing 1/2" diameter rebar with plastic cap stamped "DH Dummer PLS 1955" (found); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. Disabled American Veterans Chapter # 7, Larry Caldwell, MDF Atlas Holdings, Tobby & Stacey Haines, Elva Brown and Joan Bruyns, are the owners of property abutting the public way which the Board of Commissioners has authorized to be closed as is evidenced by the application for street and/or alley closing which is attached hereto Exhibit A and made part hereof. b. On the 20th day of August, 2018, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. Written notice of the proposed closing was given to all property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. d. All above mentioned property owners in or abutting the public way or the portion thereof being closed have given their written notarized consent to the closing as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. SECTION 3. One property owner, known as George Etheridge Estate, whose land adjoins the public right-of-way proposed to be closed has not signed the application for street and/or alley closing and the plat. Therefore, applicant Larry Caldwell has signed a Public Right -Of -Way Closure Guarantee, as attached hereto Exhibit B and made a part hereof, agreeing to be personally liable for and shall promptly pay all damages, including attorney fees, that may be awarded pursuant to KRS 82.405 in any civil action for the closing of the Public Right -of -Way. SECTION 4. All requirements of KRS 82.405(1), (2), (3) and (4) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 5. The Mayor is hereby authorized, empowered, and directed to execute a quitclaim deed from the City of Paducah to each of the property owners in or abutting the public way to be closed with each to acquire title to that portion of the public way contiguous to the property now owned by said property owners up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 13, 2018 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\eng\stclosing\alley-Brown St & Murray Ave CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance No. adopted by the Board of Commissioners of the City of Paducah at a meeting held on City Clerk Exhibit A CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Hate: 19 -Jul -18 Application is hereby made to the Mayor and Board of Commissioners for the closing of.- Public f: Public Right-of-Way:.1 V Alley lying east of D.A.V. Dr between Brown St & Murray Ave. Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -of -Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -0f -Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee" must be attached. Respectfully submitted by all adjoining property owners: Y "SignSture of Property Owner Larry Caldwell Property Owner's Name Printed 1016 Brown St Paducah, KY 42003 Address OOL ss� Signature of Property Owner Elva Brown Property Owner's Name Printed 1131 Murray Ave Paducah, KY 42003 Address STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was sworn end acknowledge before a this _Z day of 2pfff, , by GAL>W& r — My Commission •�� � �C t n G� STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was swop before me thissy by A e � � My Commission Y '}•p.k SEA 4 Ff BE acknowledge 20 lona ure of Property Owner Joan Bruyns Property Owner's Name Printed 1137 Murray Ave Paducah, KY 42003 Address ' Signature o Property Owner W ✓_—e -6A u'tf^ c6RA*,+l>RL Disabled American Vererans Chapter #7 Property Owner's Name Printed 1133 Murray Ave Paducah, KY 42003 Address Signature of Property Owner MA-1--y—"I A-1rKCSakq MDF Atlas Ho dings, LLC Property Owner's Name Printed PO Box 610 Paducah, KY 42002 Address STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was swo n to and acknowledge before a this day of C 20-0 by �i+Jrt,tl� aJ My Commisslo Nu �y�• � ,oe fF• �;� gri0`� r11 t;c�"q`04�\ STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworg.1gLand acknowledge(Ljj beforey Te this day of I20La by . MSS My Commission s t _ f j STATE OF KENTUCKY ) COUNTY OF MoCRACKEN ) The foregoing Instrument was swom to and acknowledged_ before me this Z day of 20 by MA My Commission p Ik:, StYte, rg� i o' ignature of Property Owner Tobby Haines Property Owner's Name Printed 1907 Irvin Cobb Dr Paducah, KY 42003 Address r' A &q 4 ) J6 1� I -A Sign of P nor Stacy Haines Property Owner's Name Printed 1907 Irvin Cobb Dr Paducah, KY 42003 Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this day of Jv 201A, by MyCommlasl k��-S079 STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was sworn tP and acknovAAedoad before me this day of 211 by as h y r9 My Commission expie STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing Instrument was swom to and acknowledged before me this day of 20_, by My Commission expires Exhibit B Notary Public, State at Large SEAL CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE GUARANTEE Date: October 25, 2018 If all real property owners whose land adjoins the Public Right -of -Way proposed to be closed have not signed the Application and the Plat, then the following guarantee shall be executed by the Applicant and notarized: The undersigned Applicant unconditionally Guarantees that I shall be personally liable for and shall promptly pay all damages, including attorney fees, that may be awarded pursuant to KRS 82.405 in any civil action for the closing of the Public Right -of -Way named herein. Public Right -of -Way: IT Alley tying east of D.A.V. Dr. between Brown St. & Murray Ave. STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) 4[GLDL✓L The foregoing instrument was sworn to and acknowledged Signature of Property Owner before me this day of October 20 18, by Larry CAldwW , Larry Caldwell Property Owner's Name Printed My 1016 Brown St Paducah, KY 42003 Address SEAL #5:i50"r9 A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED CLOSING OF AN ALLEY RUNNING PARALLEL BETWEEN MURRAY AVENUE AND BROWN STREET, EAST OF D.A.V. DRIVE. WIIEREAS, a public hearing was held on August 20, 2018 by the Paducah Planning Commission after advertisement pursuant to law, and VMEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHLREAS, this Commission adopted a proposal to close an alley running parallel between Murray Avenue and Brown Street, east of D.A.V. Drive. NOW THEREFORE, BE rr RESOLVED BY THE PADUCAH PLANNING COMMISSION: SECTION 1. That this Commission recommend to the Mayor and Board of Commissioners of the City of Paducah to close an alley nmmng parallel between Murray Avenue and Brown Street, east of D.A.V. Drive as follows: Tract A A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18' long rebar with a plastic cap stamped "R. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) 20.00 feet east of the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a Mag nail with washer stamped WOW (set) 20.00 feet east of the centerline of DAN. Drive; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet along the east right of way of D.A.V. Drive to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract B A certain portion of a 15 foot wide alley containing 0.0089 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped "R. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 and Deed Book 648, Page 618, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of DA.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of DAN. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 16 foot wide alley and the south line of the Disabled American Veterans Chapter #7 property described in Deed Book 648, Page 618 to an existing 112° diameter rebar with plastic cap stamped OR. TOSH KYPLS 2900°(found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the dosed alley righW way. Traci C A certain portion of a 15 foot wide alley containing 0.0344 awes as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of DA.V. Drive and between Broom Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18' long reber with a plastic cap stamped OR. TOSH KYPLS 29000 unless stated otherwise. Beginning at an existing 112" diameter rebar with plastic cap stamped °R. TOSH KYPLS 2900" (found) in the south line of the Larry Caldwell property described in Deed Book 1103, Page 642 and Deed Book 1259, Page 359, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 200.00 feet along the north line of a 15 foot wide alley and the south line of the Lary Caldwell property recorded in Plat Section "M', Page 913 to an existing 1120 diameter rebar with plastic cap stamped OR. TOSH KYPLS 2900" (found); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 200.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The westernmost 80.00 feet of the above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the easement. Tract D A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 180 long rebar with a plastic cap stamped OR. TOSH KYPLS 29000 unless stated otherwise. Beginning at an existing 1W diameter rebar with plastic cap stamped OR. TOSH KYPLS 2900' (found) at the southwest corner of the MDF Atlas Holdings, LLC property described in Deed Book 1265, Page 630, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point in the centerline of D.A.V. Drive, said centerilne point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); N Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract E A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes --00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) at the southwest comer of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being locked South 63 Degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of DA.V. Drive, said oentedine point be located 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds Fast for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract F A certain portion of a 15 -foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the south line of the MDF Atlas Holdings, LLC property described in Deed Book 1258, Page 611, said point being located South 63 Degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of DA.V. Drive, said centerline point be low 150.00 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence from the point of beginning South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet along the north line of a 15 foot wide alley and the south line of the MDF Atlas Holdings, LLC property to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet crossing to the center of the alley to a rebar and cap (set); Thence North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 That along the centerline of the alley to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. 3 Tract G A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying S Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 Ionated east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18' long rebar with a plastic cap stamped 'R. TOSH KYPLS 2900' unless stated otherwise. Beginning at a Mag nail with washer stamped `2900' (set) in the centerline of a 15 foot wide alley, said point being located 20.00 feet east of the centerline of DA.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a point, [and passing through a 112' diameter rebar with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 4.50 feet]; Thence along the north line of the Disabled American Veterans Chapter #7 property described in Deed Book 834, Page 306 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a Mag nail with washer stamped 02900' (set), said point being locked 20.00 feet east of the centerline of D.A.V. Drive; Thence along the east line of D.A.V. Drive North 26 Degrees 52 Minutes 28 Seconds lest for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the closed alley right -0f -way. Tract H A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18' long rebar with a plastic cap stamped 'R. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 60.00 feet from a point in the centerline of DA.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet [and passing through a 112' diameter reber with plastic cap stamped WITNESS PT. KYPLS 2900 (set) at 3.00 feet] to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an IngresslEgress easement to serve the adjoining properties lying north and south of the dosed alley righW-way. `lrfi1 A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 looted east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: 4 Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 29000 unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 100.00 feet from a point in the centerline of DA.V. Drive, said centerline point be looted 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Joan Bruyns property described in Deed Book 456, Page 232 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a point; Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The above described property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the dosed alley right -f -way. Tract J A certain portion of a 15 foot wide alley containing 0.0069 awes as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the oenterline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 140.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the cerderline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Lary Caklwell property described in Deed Book 811, Page 600 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. The -above described::property is subject to an Ingress/Egress easement to serve the adjoining properties lying north and south of the dosed alley right-of-way. Tract K A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as fellows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 180 long rebar with a plastic cap stamped OR. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 That wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 180.00 feet from a point In the centerline of DA.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; 5 Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a point; Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract L A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a mord bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900" unless stated otherwise. Beginning at a point in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 220.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a reber and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Broom property described in Deed Book 525, Page 366 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds Fast for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract M A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firth of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900" unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 260.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract N A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of 6 D.A.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 1/2" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900° unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 300.00 feet from a point In the centerline of D.A.V. Drive, said centerline point be located 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to a rebar and cap (set); Thence along the north line of the Elva Brown property described in Deed Book 726, Page 426 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract O A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 located east of D.A.V. Drive and between Brown. Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as follows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 29000 unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 340.00 feet from a point in the centerline of D.A.V. Drive, said centerline point be low 157.50 feet south of the centerline intersection of DA.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set); Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 112' diameter rebar with plastic cap stamped "DH Dummer PLS 1955' (found); Thence along the north line of the George Etheridge Estate property described in Deed Book 221, Page 241 North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to a rebar and cap (set); Thence North 26 Degrees 52 Minutes 28 Seconds East for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. Tract P A certain portion of a 15 foot wide alley containing 0.0069 acres as surveyed by Ricky A. Tosh, PLS 2900 of the firm of Dummer Surveying & Engineering Services, Inc. of Paducah, Kentucky on August 1, 2018 looted east of DA.V. Drive and between Brown Street and Murray Street in Paducah, McCracken County, Kentucky and being more particularly described as foilows: Bearings described herein are based on a record bearing of North 27 Degrees 44 Minutes 00 Seconds West along the centerline of U.S. Highway 62. All rebars and caps (set) are 112" diameter by 18" long rebar with a plastic cap stamped OR. TOSH KYPLS 2900' unless stated otherwise. Beginning at a rebar and cap (set) in the centerline of a 15 foot wide alley, said point being South 63 degrees 07 Minutes 32 Seconds East for a distance of 380.00 feet from a point in the centerline of DAN. Drive, said centerline polnt be located 157.50 feet south of the centerline intersection of D.A.V. Drive and Brown Street; Thence along the centerline of said alley South 63 Degrees 07 Minutes 32 Seconds East for a distance of 40.00 feet to a rebar and cap (set) at a common corner to the Tobby and Stacey Haines property described in Deed Book 1357, Page 771 and Deed Book 1030, Page 20, recorded in Plat Section "K", Page 324; 7 Thence South 26 Degrees 52 Minutes 28 Seconds West for a distance of 7.50 feet to an existing 112" diameter rebar with plastic cap stamped 'DH Dummer PLS 1955' (found); Thence along the north line of the Tobby and Stacey Haines property North 63 Degrees 07 Minutes 32 Seconds West for a distance of 40.00 feet to an existing 112' diameter rebar with plastic cap stamped 'DH Dummer PLS 1955' (found); Thence North 26 Degrees 52 Minutes 28 Seconds l=ast for a distance of 7.50 feet to the point of beginning. Together with a subject to covenants, easements, right of ways and restrictions of record and in existence. SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION 3. That if any section, paragraph or provision of this Resolution shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Resolution to make each and every section, paragraph and provision hereof separable ficin all other sections, paragraphs and provisions. SECTION 4. Any agreements between the parties that are affected by the closure of this alley shall be forwarded to the City Commission with this Resolution. .,, ew-r��� Cathy Cre us Chairwoman Adopted by the Paducah Planning Commission on August 20, 2018 8 - r CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Date: 19 -Jul -18 Application is hereby made to the Mayor and Board of Commissioners for the closing of: Public Right -of -Way:. 15'Alley lying east of D.A.V. Dr between Brown St & Murray Ave. Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing the Public Right -of -Way to be closed. This Application indicating consent of the Public Right -0f --Way closure, has been signed and notarized by all real property owners whose land adjoins the portion of Public Right -0f --Way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Public Right -of -Way Closure Guarantee' must be attached. Respectfully submitted by all adjoining property owners: ig ture of Property Owner Larry Caldwell Property Owner's Name Printed 1016 Brown St Paducah, KY 42003 Address 11LW'61,2, . -' -"ZA&:QA - Signature of Property Owner Elva Brown Property Owner's Name Printed 1131 Murray Ave Paducah, KY 42003 Address STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was sworn P and acknowledg before a this day of 20!J, by CALI>WEELI My Commission .; • 42bA4e r U rrrarrrgsro+ STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was before me this ay _ by 1� gMy Commisslon acknowledge 20 j1g*naureAorf4roperI:yOwnqj Joan Bruyns Property Owner's Name Printed 1137 Murray Ave Paducah, KY 42003 Address - .f lLa�lo Signature of Property Owner W i VC-15M+•tr C6t bW- Disabled Amerlcin Vererans Chapter #7 Property Owner's Name Printed 1133 Murray Ave Paducah, KY 42003 Address �W �C�e' - Signature of Property Owner MDF Atlas Ho dings, LLC Property Owner's Name Printed PO Box 610 Paducah, KY 422002 Address STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was swo n to and acknowledge before . e this day of , 202 by ��,kAjy `5 -•--- LL STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing Instrument was swo nd acknowled before a this ,,qday of , 20g by LN STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing Instrument was swom to and acknowledge before me this Z day of , 20L, by 1 j L5014T! My Commission 9"D jW080co STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) �� ` The foregoing instrument was sworn to and acknowiedged ignature of Property Owner before me this day of •,� 201 by x Tobby_Haines Property Owner's Name Printed My Commissi 1907 Irvin Cobb Dr Paducah, KY 42003 • 479 Address C. t,q 9411 STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) 'gj— . . JJA The foregoing instrument was sworn tp and acknowledlaad Signswife of P ner before me this -aL day of 20, by P ej4 VA,�+ Stacy Haines „ Property Owner's Name Printed My Commission exp r9 1907 Irvin Cobb Dr Paducah, KY 42003 Address Signature of Property Owner Property Owner's Name Printed Address STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was sworn to and acknowledged before me this day of 20_ by My Commission expires Notary Public, State at Large SEAL CITY OF PADUCAH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE GUARANTEE s Date: October 25, 2018 If all real property owners whose land adjoins the Public Right -of -Way proposed to be closed have not signed the Application and the Plat, then the following guarantee shall be executed by the Applicant and notarized: The undersigned Applicant unconditionally Guarantees that l shall be personally liable for and shall promptly pay all damages, including attorney fees, that may be awarded pursuant to KRS 82.405 in any civil action for the closing of the Public Right -of -Way named herein. Public Right -of -Way: ITAlley lying east of D.A.V. Dr. between Brown St. & Murra Ave. , �-J Signature of Property Owner STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this day of October , 20 18, by Larry CI _ Larry Caldwell Property Owner's Name Printed My 1016 Brown St Paducah, KY 42003 Address 1ov. 211'019 State #5A50 -r9 SEAL - i CERTIFICATE OF OWNERSHIP: CERTIFICATION OF ACKNOWLEDGMENT CERTIFICATION OF ACKNOWLEDGMENT I(WE). DO HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNERS SHOWN AND DESCRIBED STATE OF KENTUCKY, COUNTY OF McCRACKEN: STATE OF KENTUCKY, COUNTY OF McCRACKEN: HEREON AND FREELY GIVE OUR CONSENT TO CLOSE THE PUBLIC RIGHT OF WAY AS SHOWN AND ��'r DESCRIBED HEREON.. I, r(&yT��`L' A NOTARY PUBLIC IN THE STATE & COUNTY I, A NOTARY PUBLIC IN THE STATE & COUNTY c TO ME AFORESAID DO, HF�EBY VCERTIFY�A(/T��FOREGOING PLAT OF SURVEY WAS THIS DAY PRESENTED AFORESAID DO, HEREBY CERTIFY THAT THE FOREGOING PLAT OF SURVEY WAS THIS DAV PRESENTED CJIYI-S.) V5 KNOWN TOME, TOGETHER WITH THE CERTIFICATE OF TO ME BY ,KNOWN TO ME, TOGETHER WITH THE CERTIFICATE OF O DATE OWNERSHIP AND DEDICATION SHOWN EREON, WHICH WAS, EXECUTED IN MV PRESENCE AND ACKNOW- OWNERSHIP AND DEDICATION SHOWN HEREON, WHICH WAS, EXECUTED IN MV PRESENCE AND ACKNOW- LEDGED `O BaT44�FRlEE ACT AND DEED. LEDGED TO BE THEIR FREE ACT AND DEED. OWN (( DATE WITNFjD "`lY' T IS _DAY OF 20tS/ WITNESS MV HAND AND SEAL THIS DAY OF_, 20 MV,�O E �5 DAV OF 20f MY COMMISSION EXPIRES ON THE DAY OF 20_ OWNER DATE 4S6 7j OWNER DATE•< 4LIC NOTARY PUBLIC , ti CERY►A ACKNOWLEDGMENT CERTIFICATE OF APPROVAL: OWNER DATE OWNER DATE STATE dP,KIEWrUCKY, COUNTY OF McCRACKEN: UNDER THE AUTHORITY PROVIDED BY CHAPTER 100, KENTUCKY REVISED STATUTES, ADOPTED BY THE CERTIFICATION OF ACKNOWLEDGMENT I, I - , A NOTARY PUBLIC IN THE STATE& COUNTY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, THIS PLAT HAS BEEN GIVEN APPROVAL AND MAYOR'S CERTIFICATE OF CITY APPROVAL: STATE OF KENTUCKY, COUNTY OF McCRACKEN: AFORESAI HEREBY CERTIFY THAT THE FOREGOING PLAT OF SURVEY WAS THIS DAY PRESENTED ACCEPTED AS FOLLOWS: IN ACCORDANCE WITH KENTUCKY REVISED STATUTES CHAPTER 82 AND BY ORDINANCE# , �1 cY.N fl TO ME BY M KNOWN TOME, TOGETHER WITH THE CERTIFICATE OF APPR ED BY PADUCAH. pPLANNING AND ZONING COMMISSION MEETING HELD ON THE�..� ZL=DAY THEREBY CERTIFY THAT THE PUBLIC WAY AS SHOWN ON THIS PLAT HAS BEEN OFFICIALLY CLOSED. hF A NOTARY PUBLIC IN THE STATE & COUNTY OWNERSHIP AND DEDICATION SHMM HEREON, WHICH WAS, EXECUTED IN MY PRESENCE AND ACKNOW-OF 20L AFORESAID Db, H TIFY THAT THE FOREGOING PLAT OF SURVEY WAS THIS DAV PRESENTED LEDGED TO8[N. 11411 ; CT AND DEED. TOMES. tAi L92L- ,KNOWN TO ME, TOGETHER WITH THE CERTIFICATE OF A. OWNERSHIP AND DEDICATION SHOWN HEREON, WHICH WAS, EXECUTED IN MY PRESENCE AND ACKNOIN- WITNESSiRNB AND' 4NIS 1 �/ DAV OF 2019 MAYOR, CITY OF PADUCAH DATE LEDGED TO BE THEIR FREE ACT AND DEED. I y+e,aeesaprpexaa;rx CHAIRMAN OFT(E CANNING AND ZONING COMMISSION MY CO r-q�,`���•% 7�3 DAV OF 20 WITNESS yA " It ffl§f DAY OF ,20 .J pY CERTIFICATE OF RECORDING: `•OF -, PUBLIC UTILITY OWNERS: "STATE OF KENTUCKY, COUNTY OF McCRACKEN" MYCO SI E T E DAY OF N ,201/ WE THE UTILITY OWNERS INDICATED BELOW FREELY GIVE OUR CONSENT TOTHE isdE`� : • = N A C... C♦ CLOSING OF THE 15 FOOT WIDE PUBLIC ALLEY RIGHT OF WAY LOCATED BETWEEN I, JULIE GRIGGS, CLERK FOR THE COUNTY AND STATE AFORESAID DO HEREBY CERTIFY THAT THIS PLAT 1,�(,�++++ BROW TREET AND MURR AVE A D EAST OF DAN. DRIVE AS SHOWN HEREON. WAS THIS DAY LODGED IN MV OFFICE FOR RECORD AND THAT I HAVE RECORDED SAME WITH THIS AND CERTI,.a(6p�KWCKNOWLEDGMENT / AVE 7 THE FOREGOING CERTIFICATE OF MY OFFICE. STATE OF ATLINTUCKY, COUNTY OF MCCRACKENI: GIVEN UNDER MY HAND AND SEAL THIS THE _ DAY OF . 20_ CERTIFIcTRJ'IQ (Q IE}IOWLEDGMENT L -z�w r`5'� ANOTARV PUBLIC IN THE STATE &COUNTY �{/�,�_� �q ATMOS ENERGY DATE BY D.C. STATE OF RL•ATUi0i, COUNTY OF McCRACKEN: AFORESAID DA HERE& �C,ERTIFY HfPT�T��1EE REGOING PLAT OF SURVEY WAS THIS DAY PRESENTED TO ME BY A FfAI^'� KNOWN TO ME, TOGETHER WITH THE CERTIFICATE OF I, 1F.A. y A NOTARY PUBLIC IN THE STATE &COUNTY OWNERSHIP A ' 4TION SH HEREON, WHICH WAS, EXECUTED IN MY PRESENCE AND ACKNOW- 8 Z �/ RECORDED IN PLAT SECTION ,PAGE AFORESAID ,HEREBY CERTIFAAY��T�HA�TH�%OR�EGOING PLAT OF SURVEY WAS THIS DAV PRESENTED LEDGED T T EA2 Ff&AND DEED. TO ME BY 116?" 5:44 �I L'YTn, kJIj01� L, KNOWN TOME, TOGETHER WITH THE CERTIFICATE OF +a+ G S. #ire BELLSOUTH TELECOMMUNIC S, INC., D/B/A AT&T KENTUCKY DATE 4_ L=� 2 WITNE NO AND SP �T DAV OFp�f' 0_ CERTIFICATE RACY: OWNERSHIP AND DEDICATION SHOWN HEREON. WHICH WAS, EXECUTED IN MV PRESENCE AND ACKNOW- � �; � ��-'Q-L- qqq QPAJfM � 1 //n CE (FICA E OF ACCOLEDGED TO BE THEIR FREE ACT AND DEED.V/rxN/IDOHEREBV CERTIFY TO LARRY CALOWELL ANO THE CITYOF PADUCAH +MVC X i01S �Z DAV OF 1 VVV 20X�� i""""'111XXXTHAT THE SURVEY SHOWN AND DESCRIBED HEREON WAS PERFORMED UNDER MY WITNES$.hY),A&AN14S THIS 2iZ-DAYOF �, 200 ">gm CCRA JOINTSEWER AGENCY(JSA) DATE SUPERVISION BY THE METHOD OF RANDOM TRAVERSE WITH SIDE SHOTS. THE UNADJUSTED PRECISION a i 0 '! BEARINGS AND DISTANCES SHOWN HEREON HAVE .`F. 'n OF RATIO OF THE TRAVERSE WAS 1:22300. THE BEA GS MY CQ�1.7 ION ..1, NTfjE DAY OF �VV 2tl� TRT/ e�H..,� +++ �� / /'T� BEEN ADJUSTED. THIS SURVEY IS AN URBAN CLASS SURVEY AND MEETS THE ACCURACY, PRECISION AND r6Fe(h� ga �9 j.�(s+ey ;a+++ r �/V �� SPECIFICATIONS OF THIS CLASS PER THE STANDARDS OF PRACTICE FOR PROFESSIONAL LAND SURVEYORS "G m CERTIF14iiI /LSP ACKNOWLEDGMENT COIZABI OF PADUCA INC. DATE IN KENTUCKY (201 KAR 18.150). THIS SURVEY MEETS THE REQUIREMENTS OF THE CITY OF PADUCAH BEARINGS SHOWN HEREON ARE BASED ON A RECORD BEARING OF N 27°44'00"W ALONG THE CENTERLINE OF US HIGHWAY 62 (IRVIN COBS DRIVE). 20' 0' 20' 40' GRAPHIC SCALE STATE OF KENTUCKY, COUNTY OF McCRACKEN: CER Ofs` KNOWLEDGMENT I, A NOTARY PUBLIC IN THE STATE B COUNTY STATE,"tµa12Y, COUNTY OF McCRACKEN: AFORESAID DO, HEREBY CERTIFY THAT THE FOREGOING PLAT OF SURVEY WAS THIS DAY PRESENTED aaenlao TO ME BY . KNOWN TO ME, TOGETHER WITH THE CERTIFICATE OF DATE PLANNING AND ZONING COMMISSION, AND ALL MONUMENTS HAVE BEEN FOUND OR SETAS SHOWN HEREON. I, 'FlkVA. !KS , A NOTARY PUBLIC IN THE STATE &COUNTY OWNERSHIP AND DEDICATION SHOWN HEREON, WHICH WAS, ED TO BE TH EI R FREE ACT AND DEED. EXECUTED IN MY PRESENCE AND ACKNOW- 40.00' -- 7.50' 1 O // RICKY A. TOSH PLS No. 2900 DATE AFORESAID DO HERE THAT THE FOREGOING PLAT OF SURVEY WAS THIS DAY PRESENTED LEDO DEED BOOK 1265, PAGE 630 I .1� 00069 ACRES I LOT 1.5 i ,�ERTIFV TO ME BV �L)LYi,YINJ AI KNOWN TOME, TOGETHER WITH THE CERTIFICATE OF WITNESS MV HAND AND SEAL THIS DAY OF 20_ P LICA WATER DATE THE PROPERTY IS SUBJECT TO ALL RIGHT-OF-WAYS, EASEMENTS, COVENANTS, AND RESTRICTION OF OWNERSHIP AND DEDICATION SHOWN HEREON, WHICH WAS, EXECUTED IN MV PRESENCE AND ACKNOW- STAMPED "R TOSH KYPLS 2900" (SET) , DEED BOOK 221, PAGE 241 LOT 4 I I RECORD AND IN EXISTENCE. LEDGED TO BE THEIR FREE ACT AND DEED. 12"0 x 18" LONG REBAR WITH PLASTIC CAP 0 ANGLE POINT (CORNER INnccssslaLE) f STAMPED'WITNESS PT. KYPLS 2900" (SET MV COMMISSION EXPIRES ON THE DAV OF ,20_ $ j'.� �•y � �Q /i CAVOF 20Y/ THIS DRAWING NOT VALID UNLESS ORIGINAL SIGNATURE AND AL ARE ANY REPRODUCTION WITNESS MYqpkI� AND SEAL THIS CITU OF PADUC ST M ER DATE SARENOT TOB. OR ANY OTHER MEANS ARE NOT TO BE CONSIDERED IANCE O THIS SURVEY BY MEANS LILICENSED ,4aecaeFeaia,cp4Fap' M THE �/-/ DAV OF 1` ) SSUEDOR BY THE LAND SURVEYOR. ,20�NOTARY �s PUBLIC CENTERLINE BROWN STREET - ,^ 7 P � o ty: as"%r.iuga4�+a I I w W al 7 Kwi $ D p0lc ihU awe W al 2U, Jwo l .-031 W OI U i C) rc I I ZONING INFORMATION: THE PROPERTY SHOWN HEREON IS CURRENTLY ZONED "M-2" I PER CITY OF PADUCAH PLANNING DEPARTMENT. 12"0 CMP ZONE "M-2" = HEAVY INDUSTRIAL ZONE I DROP INLET MINIMUM YARD REQUIREMENTS: I, / a. PERMITTED 10,000SQ U RE HAVING A TOTAL PLAN FLOOR AREA OF Ilr(. 20.00'' t 0,000 SQUARE FEET OR LESS: 1. FRONT YARD: 25 FEET EXCEPT FOR HIGHWAY STRIP USES FOR N 26`52'28"E WHICH A 50' FRONT YARD IS REQUIRED. 2, SIDE YARD: 10 FEET 15,00' 3. REAR YARD: NONE, EXCEPT WHERE ABUTTED BY A 12"0 CMP RESIDENTIAL ZONE, IN WHICH CASE A REAR YARD OF 25 FEET. 1 4. NO STORAGE OF MATERIALS OR EQUIPMENT SHALL BE MAG NAIL WITH ALLOWED IN THE MINIMUM FRONT YARD WASHER STAMPED IL PERMITTED USES HAVING A TOTAL PLAN FLOOR AREA OF "2900r' (SET) Ij\ MORE THAN 10,000 SQUARE FEET: I j 1. FRONT YARD: 50 FEET 2. SIDE YARD: 25 FEET 3. REAR YARD: NONE, EXCEPT WHERE ABUTTED BY A Jli- RESIDENTIAL ZONE, IN WHICH CASE A REAR YARD OF 25 FEET. I MINIMUM AREA REQUIREMENTS: a. PERMITTED USES HAVING A TOTAL PLAN FLOOR AREA OF 4,000 SQUARE FEET OR LESS: I 1. MINIMUM LOT AREA: 7,500 SQUARE FEET 2. MINIMUM LOT WIDTH: 60 FEET b. PERMITTED USES HAVING A TOTAL PLAN FLOOR AREA OF MORE THAN 4,000 SQUARE FEET: I 1. MINIMUM LOT AREA: 15,000 SQUARE FEET 2. MINIMUM LOT WIDTH. 75 FEET MAXIMUM BUILDING HEIGHT: NONE MAXIMUM LOT COVERAGE: a. PRINCIPAL STRUCTURES: 50 PERCENT OF GROSS LOT AREA. b. TOTAL COVERAGE BY PRINCIPAL STRUCTURES, ACCESSORY STRUCTURES AND OUTSIDE STORAGE: 70 PERCENT OF GROSS LOT AREA. (50' RIGHT OF WAY PER PLAT SECTION "A", PAGE 136) - - - - - - - - - i - - - - - - - - - - - - - - - - - DISABLED AMERICAN VETERANS I LARRY CALDWELL - CHAPTER #7 DEED BOOK 1103, PAGE 642 DEED BOOK 834, PAGE 306 DEED BOOK 648, PAGE 618 I DEED BOOK 1259, PAGE 359 CONSOLIDATION PLAT SECTION "M", PAGE 913 OF LOTS 10-14 [0 111119 LOT I THE HATCHED PORTION OF THE CLOSED ALLEY IS A PRIVATE INGRESS/EGRESS EASEMENT ESTABLISHED BY THIS PLAT TO SERVE THE ADJOINING PROPERTIES. TRACT "A" a"OIIICMP TRACT NB" 0.0069 ACRES /r 0.0069 ACRES / DROP INLET, I / 7.50'/ 1/ i % / / 7.50; °=-=-=V-4-0-No' -- I TRACT"G" 0,0069 ACRES ROP INLET 2"O CMP DISABLED AMERICAN VETERANS CHAPTER#7 DEED BOOK 834, PAGE 306 LOT O 40.00' TRACT "11" 0.0069 ACRES CMP P INLET CHAMBLIN, MURRAY & BROWN'S ADDITION "BLOCK'" PLAT SECTtON'.T'. PAGE 136 TRACT"C" 0.0344 ACRES S 63'07'32"E 400.00' 80.00' / / / / / / / 7.50' 120.00' S 63°07'3 'E 400.00' 7.50' / / 40.00' / / 7.50' 40.00' 7.50' 40,00' 7 40.00' 40.00'ao.00' 40.00' RACT "I" TRACT "J"N 63°07'3 "W 400.00' TRACT "L" 0069 ACRES I 0.0069 ACRES I TRACT"K" 0.0069 ACRES 0.0069 ACRES JOAN BRUYNS I LARRY CALDWELL DEED BOOK 45 6, PAGE 232 I DEED BOOK 811, PAGE 600 IR73 ELVA BROWN DEED BOOK 525 , PAGE 366 LOT I LOT � I MDF ATLAS I (MDF ATLAS 7.50` 40.00' -- 7.50' 1 40.00 HOLDINGS, LLC HOLDINGS, LLC TRACT "M" DEED BOOK 1265, PAGE 630 I DEED BOOK 1258, PAGE 611 00069 ACRES I LOT 1.5 i LOT 16 I LOT I? r/TRACT NDN I 0.0069 ACRES ('TRACT NEN I TRACT "F" / 0.0069 ACRES rD0069ACRES , ao.oa 7.50' •�ao.00' 7.50` 40.00' -- 7.50' 1 40.00 40.00j40.0 TRACT "M" TRACT "N" TRACT"O" 00069 ACRES I 0.0069ACRES I 0.0069 ACRES ELVA BROWN I GEORGE ETHERIDGE DEED BOOK 726, PAGE 426 ROAD CENTERLINE ESTATE STAMPED "R TOSH KYPLS 2900" (SET) I DEED BOOK 221, PAGE 241 LOT 4 I I LOT 3 I I LOT 2 7.50' 15.00' 7.50' 40 00' J TRACT .rprr 00069 ACRES 12"O REBAR AND CAP STAMPED D.H. DUMMER PLS 1955 (FOUND) TOBBY AND STACEY HAINES DEED BOOK 1357, PAGE 771 DEED BOOK 1030, PAGE 20 TRACT 3 OF PLAT SECTION "K", PAGE 324 (.ATI �N.111 P T�Nrg Stafion 7e Y� a. I Ltttle le Zc 1- r ws x� %, • i' F ca s, Ya .rte t I t • �' ,• �.,, .4. v � VICINITY MAP SCALE: 1"= 2,000' r LEGEND ® 1/2"0 REBAR WITH PLASTIC CAP STAMPED "R.TOSH KYPLS 2900" (FOUND) PROPERTY LINE (UNLESS NOTED OTHERMSE) 12"0 x 18" LONG REBAR WITH PLASTIC CAP - ROAD CENTERLINE STAMPED "R TOSH KYPLS 2900" (SET) (UNLESS NOTED orneavase) - - - ADJOINING PROPERTY LINE ® 12"0 x 18" LONG REBAR WITH PLASTIC CAP 0 ANGLE POINT (CORNER INnccssslaLE) STAMPED'WITNESS PT. KYPLS 2900" (SET FLOOD INFORMATION: THE PROPERTY SHOWN HEREON IS LOCATED IN ZONE'X" (SHADED) AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP No. 21145CO153F DATED 11/022011. ZONE "X" (SHADED) = AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OF WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM I% ANNUAL CHANCE FLOOD. TITLE OPINION: THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE OPINION. A DILIGENT EFFORT WAS MADE AT THE TIME OF THIS SURVEY TO OBTAIN AND SHOW RIGHT-OF-WAYS, EASEMENTS, COVENANTS, AND RESTRICTIONS PERTAINING TO THIS PROPERTY. HOWEVER THIS SURVEY IS SUBJECT TO THE FINDINGS THAT WOULD BE REVEALED IN AN ACCURATE TITLE OPINION. r INTENT: THE INTENT OF THIS SURVEY IS TO CLOSE THE 15' WIDE ALLEY LOCATED EA F D.V.A. DRIVE BETWEEN ETWEEN BROWN STREET AND MURRAY AVENUE; AND TO ESTABLISH A 15'x 160' INGRESS/EGRESS EASEMENT ON THE WESTERNMOST PORTION OF THE CLOSED ALLEY TO SERVE THE ADJOINING PROPERTIES. BOUNDARY SURVEY: THIS PLAT OF SURVEY REPRESENTS A BOUNDARY SURVEY AND COMPLIES WITH 201 KAR 18.150. CLIENT: LARRY CALDWELL 1016 BROWN STREET PADUCAH, KV 42003 COPYRIGHT: ALL RIGHTS RESERVED -COPYRIGHT© 2018 DUMMER SURVEYING & ENGINEERING SERVICES, INC. Reserve all rights to the information shown hereon. These plans may not be reproduced or copied without the express written consent of DUMMER SURVEYING 8 ENGINEERING SERVICES, INC. with full penalty of the law. DRAWN BY T. MEADOWS FIELD 6/18/18 DATE --- 8/17/18 SDA EY 8/1/18 SCALE 1"= 20' REVIEWEDBY R TOSH FIELD 136, PAGE 35 coo6o FILE 2018086 DATE 8/17/18 BOOKNo. 171, PAGE 23 APPROVEDBY REF. SCREEN FILE', DATE --- - - - JOB No. 2015071 2018086 ALLEY CLOSURE REV 8-17-18 DUMMER SURVEYING & _ ENGINEERING SERVICES, INC. 434 South 6th Street KV. 270-444-0220 FAX 270444-9493 Paducah, Kentucky 42003 IL. 618-524-4209 www.dsande.mm 00 PLAT OF SURVEY OF ALLEY CLOSING IN BLOCK 7 OF THE CHAMBLINI MURRAY & BROWN'S ADDITION SOUTH OF BROWN STREET, EAST OF D.A.V. DRIVE PADUCAH, McCRACKEN COUNTY, KENTUCKY J SHEET No. 001 DS&E JOB No: 2018086 ORDINANCE NO. 2018 -- AN ORDINANCE REPEALING CHAPTER 66, SECTION 66-93, OFFENSIVE, PROFANE OR INDECENT LANGUAGE, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, this Ordinance repeals Chapter 66, Section 66-93, Offensive, Profane or Indecent Language, of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted to repeal Code Section 66-93 in its entirety. NOW THEREFORE, be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Section 66-93, Offensive, Profane or Indecent Language, of Chapter 66, Offenses And Miscellaneous Provisions, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby repealed in its entirety: SECTION 2. SEVERABILITY. That if any section, paragraph or provision of this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not effect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph, and provision, hereof separable from all other sections, paragraphs and provisions. SECTION 3. 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 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. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor Brandi Harless ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 27, 2018 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\66 — Repeal Profane, Offensive or Indecent Language 222316 eulm Kelly, Hutchins & Blankenship, LLP lk IL in 11; —ATTOPHEYS— MEMORANDUM ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT 100 South 41h St., Suite 400 Paducah, Kentucky 42001 TELEPHONE: (270) 448-8888 FACSIMILE: (270) 448-0998 www.kkhblaw.com E-mail: sblankenshipgkkhblaw.com THIS MEMORANDUM WAS CREATED BY LEGAL COUNSEL FOR THE CITY OF PADUCAH AND CONTAINS ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGED AND CONFIDENTIAL INFORMATION. TO: James Arndt and Lindsay Parish FROM: Stacey A. Blankenship DATE: November 19, 2018 RE: Ordinance regarding offensive language On February 16, 2017, the Supreme Court of Kentucky addressed an issue relating to ordinances regulating speech®, QUU111D[Ri[[KFEIREUMRS QIFLIID ordinance for offensive language is unconstitutional. Please allow this memo to serve as a summary of this opinion IREEUTII-L RI Irdinance in light thereof, and our recommendation. Dennis Champion v. Commonwealth of Kentucky. Dennis Champion v. Commonwealth of Kentucky, 2015 -SC -000570 -DG (Ky. February 16, 20FFFE SBIOD RP DE11 L_J [AQP DLLEdriminal charges for panhandling. Mr. Champion had been arrested at a prominent intersection in Lexington for holding up a handmade sign begging for financial assistance. In 2007, the Lexington -Fayette Urban County Government HSF UU<R 1J 1AH J I01 TD3EFROFLEUUM DOY EFAD13EFIlU Qflf FF T sanctions for violation thereof. Specifically, the ordinance stated: (1) No person shall beg or solicit upon the public streets or at the intersection of said public streets within the urban county area. (2) Any person who violates any provision of this section shall be imprisoned not less than ten (10) days nor more than thirty (3 0) days or both for each offense. ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT Following his arrest, Champion entered a conditional guilty plea, and later appealed the judgment. On appeal, Champion challenged the constitutionality of the ordinance, stating in part that the ordinance was an abridgement of his freedom of speech. After a series of reviews the Supreme Court elected to review the matter. The Supreme Court ultimately held that the ordinance was an unconstitutional regulation of speech. In its analysis, the high court explained that, under the Free Speech Clause, CJ R M.TP H7M1SR11R0FURUPWM1ff SUFMZEMFFDTM EUP HIIJ P DIHIRIJILMLIELLILLMore specifically, content -based laws ❑those that target particular speech based on its communicative content ❑LU1 SUET S First Amendment] and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. FEI The Supreme Court determined that panhandling is a protected form of speech, similar to soliciting to charitable organizations, and applied strict scrutiny to determine if the ordinance would nevertheless be perP LIWOHRLEI QUU-LMJ @) RP SHWJ 17TUEM MIJRQR-TP Hg DILEHLLJ @ D[IR❑ 7 KFMRCIM IP L MHU IJ R=SUUI public safety and to ensure the free flow of traffic, particularly regulating interactions between pedestrians and people driving vehicles. However, the Court was unconvinced that the panhandling ordinance furthered the governmental interest in this respect, calling it ZL7Jssentially, the Court could not see the difference between an individual KP,(RU C EJ � I I frTHMNETRUTI RffP FTSU1ICH7FTTTFE= OMEKH3 1111 KRP LCEFD1HRL0ZKZLHUUDH3MSDJTLGXJ RUM JLJ AHI W111M the ordinance was held to restrict speech based on content. Ultimately, the ordinance was held to be unconstitutional, and the case was remanded back to the Fayette District Court with UFT FMREETRKIT I®K<P SIREEFFLIP L130FK11JH= Upon review, we haQHQTIII' II3MEENO CLOT unconstitutional. Sec. 66-93 provides: It shall be unlawful for any person to utter, in a loud or boisterous manner, any offensive, profane or indecent words or epithets in any public street or other public place, public conveyance, or place to which the public is invited, which offensive, profane or indecent words or epithets shall include, but are not limited to: 2 ATTORNEY-CLIENT PRIVILEGED ATTORNEY WORK PRODUCT (1) 8 JM AHMGMIP HTII;-I l I L:E (2) Use of common words denoting or relating to the questionable parentage of another. (3) Use of any derogatory words relating to the privates of a male, female or hermaphrodite. (4) Use of any derogatory words relating to the reproductive method of males and females, whether or not used in connection with profane language. (5) Use of any derogatory words relating to the method of sexual intercourse with relatives or strangers. 7 - ULLP SFUJMLED@aM appears this ordinance was originally enacted in 1967, and sow IP ILEDimu stage. However, it appears that, even if valid in 1967, it is no longer good law. Repealing this ordinance is most likely the best resolution of this issue. Please let me know if you have any questions.