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Home My WebLink About2006-9-716634 82440 ORDINANCE NO. 2006-9-7166 AN ORDINANCE AUTHORIZING THE SETTLEMENT WITH JOHN P. FALES AND WIFE, JEANINE FAZES, FOR ACQUISITION OF RIGHT OF WAY FOR THE PECAN DRIVEBUCKNER LANE ROADWAY PROJECT i WHEREAS, the Board of Commissioners adopted Ordinance #2006-13-7078 authorizing Corporate Counsel to commence the condemnation action against John P. Fales, et al, regarding the acquisition of real property for the Pecan Drive/Buckner Lane Roadway Improvement Project; and WHEREAS, on May 15, 2006 an Interlocutory Judgment and Order was entered by the McCracken Circuit Court in the aforementioned condemnation action, and in accordance therewith, the sum of $25,000.00, as authorized by Ordinance #2006-5-7119, was paid to the Clerk of the McCracken Circuit Court; and WHEREAS, the parties have reached an agreement regarding the resolution of the condemnation action. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves the settlement to be entered into between the City of Paducah and John P. Fales, et al, regarding the resolution of the condemnation action instituted by the City of Paducah for the improvement of the Pecan Drive/Buckner Lane Roadway. In such regard, the Mayor is hereby authorized on behalf of the City of Paducah to compensate and pay to John P. Fales, et al, for the acquisition of the real property for this right of way project the sum of $29,000.00. SECTION 2. In exchange for the aforesaid compensation, the Mayor is authorized to accept on behalf of the City of Paducah from John P. Fales, et al, the full release of all claims in the above reference civil action in substantially the same form as attached hereto as Exhibit A (the "Release") and further the Mayor is hereby authorized to accept and execute the Deed of Conveyance attached hereto and made a part hereof as Exhibit B (the "Deed") and all documents necessary for the acquisition of the real property for the right-of-way from John P. Fales, et al, for the improvement of the Pecan Drive/Buckner Lane Roadway. SECTION 3. The Board of Commissioners hereby authorizes the Corporate Counsel, on behalf of the City, to enter an Agreed Order of Dismissal in the McCracken Circuit Court. SECTION 4. The Board of Commissioners hereby authorizes and directs the Finance Director to issue payment to John P. Fales and wife for the additional sum $4,000.00, said sum being the difference between the agreed compensation and the $25,000.00 previously approved and paid by the City of Paducah to the McCracken Circuit Court as compensation for the acquisition of the real property for the right of way. Said funds shall be paid to John P. Fales immediately upon adoption of this Ordinance. SECTION 5. 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 6. 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. 35 SECTION 7. 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 8. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this Ordinance. As grounds therefore, the City Commission does hereby declare an emergency to exist as to the execution of the Memorandum of Understanding. Specifically, any delay in the execution of the Memorandum of Understanding could adversely impact the settlement and the right of way project. SECTION 9. Effective Date. This Ordinance shall take effect from and after its passage, as provided by law. ATTEST: Jryza4:::r_t' Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, September 12, 2006 Adopted by the Board of Commissions, September 12, 2006 Recorded by Tammara S. Brock, City Clerk, September 12, 2006 Published by The Paducah Sun, September 20, 2006 ord\eng\property - 200 Pecan (Fales) I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah, Kentucky, on Tammara S. Brock, City Clerk 35-A EXHIBIT A RELEASE This Release made and entered into by John P. Fales and wife, Jeanine Fales, (hereinafter collectively referred to as the "Undersigned"); WITNESSETH WHEREAS, the City of Paducah, Kentucky, (hereinafter referred to as the "City") filed a civil action against the Undersigned under the laws of the Kentucky Eminent Domain Act seeking to obtain title to certain portions of real property owned by the Undersigned for public purposes, said Civil Action was filed in McCracken Circuit Court, Civil Action No. 06-CI- 00255;and WHEREAS, the parties wish now to forever settle and compromise their differences as herein set forth. NOW THEREFORE, for and in consideration of TWENTY NINE THOUSAND DOLLARS ($29,000.00), the receipt of which is hereby acknowledged by all the Undersigned, and the City's agreement to reasonably restore Undersigned's property to the same condition which existed prior to the construction of the right of way and within a reasonable time; and to provide all necessary grading, filling, leveling, sodding, and seeding which is reasonably required to restore the lands of the Undersigned; and the agreement to require the contractor to repair the telephone and/or cable television cable that was ripped from its bracket on the side of the Undersigned's home, the Undersigned do hereby release and forever discharge the City, its successors and assigns, its agents, servants, employees, officers and elected officials, and its attorneys, and any and all other persons and entities from any and all manner of liability, claims, actions, and causes of actions, rights, suits, covenants, contracts, agreements, judgments, claims and demands whatsoever, in law or equity, specifically including but not limited to the claims and demands as asserted by the Undersigned in the above-described civil action. Further, in consideration of the above payment, the Undersigned also expressly declare and agree: 1. That all claims, past, present or future, are disputed and this full and final settlement thereof shall never be treated as evidence of liability, nor as an admission of liability or responsibility at any time or in any manner whatsoever. 2. That this release covers and includes all claims, several or otherwise, past, present, or future, which were or could have been asserted by the Undersigned in the aforesaid civil action. 3. That the Undersigned hereby agree to dismiss the above-described action with prejudice. 4. The Undersigned hereby agree to execute and file a notice of satisfaction of judgment ri with the McCracken Circuit Court acknowledging that the judgment in the above-described �— action has been fully satisfied. 5. Further, the Undersigned hereby agree to execute a general warranty deed of conveyance conveying all their rights, titles and interest to the subject real property acquired by the City in the aforesaid civil action and shall deliver same to City. ..,�.a__,-,_.1...,,...��u..�w�uuw,•.�in�a:d.��awv�.�i��s:� � ,� .uv .. .. i�:ma•.��,.,•�r�i�...m ....._..i..-iv.,m�w� a �..�...... ,��.r .�,.w, 35-B The Undersigned acknowledge herein that they have read and fully understand the contents and legal implications of this document and knowingly and voluntarily execute same upon the advice and recommendation of counsel. IN WITNESS WHEREOF, the Undersigned set their hand hereunto on the day above written. John P. Fales Jeanine Fales STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) Subscribed, sworn, and acknowledged before me this day of 2006, by John P. Fales. My commission expires: Notary Public, State at Large �1�:) STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) Subscribed, sworn, and acknowledged before me this day of 2006, by Jeanine Fales. My commission expires: 82040 ord\eng\property — 200 Pecan Drive (Release) 2 Notary Public, State at Large 35-C EXHIBIT B DEED OF CONVEYANCE THIS DEED made and entered into this the day of , 2006, by and between JOHN P. FALES and his wife JEANINE FALES of 200 Pecan Drive, Paducah, Kentucky, 42001, Grantor, and the CITY OF PADUCAH, KENTUCKY, a Municipal Corporation of the Second Class, P. j O. Box 2267, Paducah, Kentucky, 42002-2267, Grantee; WITNESSETH: That the Grantor, in consideration of $29,000.00 (Twenty Nine Thousand Dollars) cash in hand, the receipt of which is hereby acknowledged, has bargained and sold and does hereby sell, grant, transfer, and convey to the Grantee, its successors and assigns forever, the following property situated in McCracken County, Kentucky, and described as follows: PARCEL # 10 PERMANENT RIGHT OF WAY Being a portion of the property located at 200 Pecan Drive, Paducah, McCracken County, Kentucky and being more particularly described as follows: Beginning at a point on the northern property line 2.22 feet right of Pecan Drive station 107+33.62; thence with the northern property line S 80°30'31" E, 52.45 feet to a point on the proposed right of way line 50.00 feet left of Pecan Drive station 107+38.60; thence with the proposed right of way line S 4002'29" W, 195.83 feet to a point on the southern property line 50.00 feet left of Pecan Drive station 109+34.44; thence with the southern property line N 81029'38" W, 51.02 feet to a point on the Pecan Drive existing right of way line 0.86 feet right of Pecan Drive station 109+30.46; thence with the Pecan Drive existing right of way line N 3038'49" E, 196.85 feet to a point on the northern property line 2.22 feet right of Pecan Drive station 107+33.62 and the point of beginning. The above-described parcel contains 0.2322 acres (10,116 sq ft). Being a portion of the same property conveyed to John P. Fales and wife, Luann R. Fales by Deed dated December 2, 1991, of record in Deed Book 762 Page 591, McCracken County Clerk's office. By Quitclaim Deed dated August 7, 1999, of record in Deed Book 920 Page 194, aforesaid Clerk's Office, Luann R. Fales conveyed all of her right, title and interest in said property to John P. Fales. It is understood by the parties hereto and made a covenant herein that the above written parcel described above is conveyed in fee simple. The acquisition of the herein described right of way is for the purposes of the improvement of the public roadway known as Pecan Drive — Buckner Lane Roadway Improvement Project for the City of Paducah, Kentucky. The plans for this roadway improvement are on file in the Engineering C11 Department, City of Paducah, Kentucky. TO HAVE AND TO HOLD said property, together with all improvements thereon and all rights and appurtenances thereunto, unto the Grantee, its successors and assigns forever and in fee, with all the rights and privileges thereunto belonging with covenants of General Warranty. IN TESTIMONY WHEREOF the Grantor and Grantee, by signing this document on the above given date, hereby acknowledge that the consideration stated hereinabove is the full actual 35-D consideration for the transfer of the subject property. The Grantee joins this deed for the sole purpose of certifying the consideration. GRANTOR: John P. Fales Jeanine Fales GRANTEE: CITY OF PADUCAH, KENTUCKY By William F. Paxton III, Mayor STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument and consideration certificate were sworn and acknowledged before me this day of , 2006, by John P. Fales and his wife Jeanine Fales, Grantor(s). My Commission expires Notary Public, State at Large SEAL STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing consideration certificate was sworn and acknowledged before me this _ day of , 2006, by William F. Paxton III, Mayor of the City of Paducah, Kentucky, Grantor. My Commission expires This instrument prepared by: Dan Key, Assistant Corporation Counsel City of Paducah P. O. Box 2267 Paducah, Kentucky 42002-2267 Notary Public, State at Large SEAL 0 N W