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HomeMy WebLinkAbout2005-6-6981431 ORDINANCE NO. 2005-6-6981 AN ORDINANCE APPROVING THE PURCHASE OF TWO STRIPS OF PROPERTIES LOCATED ADJACENT TO AND CONTIGUOUS TO THE NORTHERLY BOUNDARY LINES OF BLUEGRASS DOWNS RACE TRACK FOR THE DEVELOPMENT OF THE GREENWAY TRAIL BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby approves the purchase of two strips of real properties in the amount of $28,500, from Carol Christine Ullerich, located adjacent to and contiguous to the northerly boundary lines of Bluegrass Downs Race Track, situated in Paducah, McCracken County, Kentucky, and more particularly described as follows: TRACT "A" BEING A TRACT OF LAND LOCATED ADJACENT AND CONTIGUOUS TO THE NORTHERLY BOUNDARY LINES OF THE BLUEGRASS DOWNS RACE TRACK NEAR THE CORPORATE LIMITS OF THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STEEL ROD, ONE-HALF INCH IN DIAMETER, TWENTY FOUR INCHES LONG, WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS KYLS 1842" (HEREINAFTER REFERRED TO AS A STEEL ROD AND CAP) PREVIOUSLY SET AT THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED PROPERTY ON OR ABOUT DECEMBER 10, 1999, AND RECOVERED DURING THIS SURVEY, SAID MARKER BEING LOCATED ON THE EASTERLY LINE OF PROPERTY PREVIOUSLY CONVEYED TO PLAYERS BLUEGRASS DOWNS, INC., A KENTUCKY CORPORATION AS INDICATED BY DEED RECORDED IN DEED BOOK 801, PAGE 408 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE, SAID STEEL ROD AND CAP BEING �— LOCATED N.19049'41"E., 40.68 FEET FROM A ONE-HALF INCH DIAMETER STEEL ROD FOUND AT THE SOUTHEASTERLY CORNER OF SAID PROPERTY OF RECORD; THENCE FROM SAID POINT OF BEGINNING PROCEED N.19°49'41 "E. ALONG AND WITH THE EASTERLY LINE OF SAID PROPERTY OF RECORD 1000.85 FEET TO A ONE-HALF INCH DIAMETER STEEL ROD FOUND AT THE NORTHEASTERLY CORNER OF SAID PROPERTY ON THE SOUTHERLY LINE OF THE FORMER 100 FOOT WIDE ILLINOIS CENTRAL RAILROAD RIGHT-OF-WAY THAT HAS BEEN CLOSED, ABANDONED AND VACATED, SAID MARKER BEING AT A CORNER COMMON TO PROPERTY PRESENTLY OWNED BY THE CITY OF PADUCAH, KENTUCKY AS INDICATED BY DEED RECORDED IN DEED BOOK 1035, PAGE 709 OF THE AFORESAID CLERK'S OFFICE; THENCE N.19°49'41 "E. WITH THE EASTERLY LINE OF SAID PROPERTY OF RECORD 112.61 FEET TO A STEEL ROD AND CAP SET AT THE NORTHEASTERLY CORNER OF SAID PROPERTY; THENCE WITH A NEW DIVISION LINE, N.82°27'04"E. ALONG AND WITH THE NORTHERLY LINE OF THE AFORESAID RAILROAD RIGHT-OF-WAY LINE, 112.61 FEET TO A STEEL ROD AND CAP SET AT A POINT 100.00 FEET EAST OF AND PERPENDICULAR TO THE AFORESAID EASTERLY LINE OF THE PROPERTY OF RECORD IN SAID DEED BOOK 801, PAGE 408; THENCE PROCEED S.19049'41"W. ALONG AND WITH A NEW DIVISION LINE 100.00 FEET EAST OF AND PARALLEL WITH THE AFORESAID PROPERTY OF RECORD 1005.79 FEET TO A ' STEEL ROD AND CAP SET AT A POINT THAT IS LOCATED 175.00 FEET NORTH OF AND PERPENDICULAR TO THE NORTHERLY LINE OF ANOTHER TRACT OF LAND PREVIOUSLY CONVEYED TO PLAYERS BLUEGRASS DOWNS, INC., AS INDICATED BY DEED RECORDED IN DEED BOOK 801, PAGE 411 OF THE AFORESAID CLERK'S OFFICE; THENCE PROCEED N.59040'47"W. ALONG AND WITH A NEW DIVISION LINE LOCATED 175.00 FEET NORTH OF AND PARALLEL WITH THE AFORESAID NORTHERLY LINE, 460.52 FEET TO A STEEL ROD AND CAP SET ON THE WESTERLY LINE OF THE PROPERTY CONVEYED TO WILIMINA GRAMSE ULLER.ICH BY DEED DATED AUGUST 18, 1949, OF RECORD IN DEED BOOK 282, PAGE 34 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE PROCEED S.13049'13"W. 432 ALONG AND WITH SAID WESTERLY LINE, 180.76 FEET TO A STEEL ROD AND CAP SET ON THE AFORESAID NORTHERLY LINE OF SAID PROPERTY OF RECORD IN DEED BOOK 801, PAGE 411; THENCE N.59040'47"W. ALONG AND WITH SAID NORTHERLY LINE, 575.06 FEET TO THE POINT OF BEGINNING. THE AFORESAID PROPERTY CONTAINS 196,576 SQUARE FEET OR 4.513 ACRES AND IS SUBJECT TO A SEWER LINE EASEMENT PREVIOUSLY CONVEYED TO THE CITY OF PADUCAH, KENTUCKY, OF RECORD IN DEED BOOK 555, PAGE 369 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE IN ADDITION TO ANY OTHER EASEMENTS OR RESTRICTIONS THAT MAY BE OF PUBLIC RECORD. THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON BEARINGS SHOWN ON AN UNRECORDED PLAT OF SURVEY MADE BY OTHERS OF THE PROPOSED PADUCAH DOWNS PROPERTY. BEING A PORTION OF THE SAME PROPERTY CONVEYED TO HUGO J. ULLERICH AND WIFE, WILIMINA GRAMSE ULLERICH BY DEED DATED OCTOBER 4,,1949, OF RECORD IN DEED BOOK 282, PAGE 113, McCRACKEN COUNTY COURT CLERK'S OFFICE. HUGO J. ULLERICH DIED IN 1994 AND VIRTUE OF THE SURVIVORSHIP CLAUSE IN SAID DEED, TITLE VESTED SOLELY IN WILIMINA GRAMSE ULLERICH. WILIMINA GRAMSE ULLERICH DIED ON OR ABOUT MAY 23, 1998, AND IN ACCORDANCE WITH HER AFFIDAVIT OF DESCENT OF RECORD IN DEED BOOK 1036, PAGE 565, THE PROPERTY WAS DIVISED TO DAVID K. ULLERICH 50% AND CAROL C. ULLERICH 50%. DAVID K. ULLERICH DIED ON OR ABOUT AUGUST 3, 1999, AND PURSUANT TO HIS LAST WILL AND TESTAMENT OF RECORD IN WILL BOOK HHH, PAGE 158, THE PROPERTY WAS DEVISED TO CAROL CHRISTINE ULLERICH. THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY PROFESSIONAL LAND SURVEYOR #1842, OF THE FIRM OF FARRIS, McINTOSH AND TREMPER, INC., 124 SOUTH 31ST STREET, PADUCAH, KENTUCKY 42001, FROM A BOUNDARY LINE SURVEY AND PLAT- OF THE SUBJECT PROPERTY COMPLETED ON AUGUST 26, 2004. TRACT "B" BEING A TRACT OF LAND LOCATED ADJACENT AND CONTIGUOUS TO THE NORTHERLY BOUNDARY LINES OF THE BLUEGRASS DOWNS RACE TRACK NEAR THE CORPORATE LIMITS OF THE CITY OF PADUCAH, McCRACKEN COUNTY, KENTUCKY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STEEL ROD, ONE-HALF INCH IN DIAMETER, TWENTY FOUR INCHES LONG, WITH A YELLOW PLASTIC CAP STAMPED "FMT ENGRS KYLS 1842" (HEREINAFTER REFERRED TO AS A STEEL ROD AND CAP) SET WHERE THE WESTERLY LINE OF THE PROPERTY DESCRIBED IN DEED BOOK 282, PAGE 34 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE, INTERSECTS THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN DEED BOOK 801, PAGE 411 OF SAID CLERK'S OFFICE, SAID MARKER BEING LOCATED 40.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTHERLY LINE OF THE AFORESAID PROPERTY IN DEED BOOK 282, PAGE 34 AND S.59°40'47"W. A DISTANCE OF 578.00 FEET FROM THE SOUTHWESTERLY CORNER OF THE PROPERTY DESCRIBED IN DEED BOOK 282, PAGE 113 OF SAID CLERK'S OFFICE; THENCE FROM SAID POINT OF BEGINNING PROCEED N.15049'13"E. ALONG AND WITH THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN SAID DEED BOOK 282, PAGE 113, A DISTANCE OF 180.76 FEET TO A STEEL ROD AND CAP SET AT A POINT THAT IS 175.00 FEET NORTH OF AND PERPENDICULAR TO THE NORTHERLY LINE OF SAID PROPERTY DESCRIBED IN SAID DEED BOOK 801, PAGE 411; THENCE PROCEED N.59040'47"W. ALONG AND WITH A NEW DIVISION LINE LOCATED 175.00 FEET NORTH OF AND PERPENDICULAR TO THE AFORESAID NORTHERLY LINE, 569.92' FEET TO A STEEL ROD AND CAP SET ON THE WESTERLY LINE OF A TRACT OF LAND OWNED BY MICHAEL SHELTON TAPSCOTT AND WIFE, LISA TAPSCOTT, AS INDICATED BY DEED OF CORRECTION OF RECORD IN DEED BOOK 968, PAGE 536 OF THE McCRACKEN COUNTY COURT CLERK'S OFFICE; THENCE PROCEED S.13049'13"W. ALONG AND WITH TAPSCOTT'S WESTERLY 10 10 LINE 182.52 FEET TO A STEEL ROD AND CAP SET ON THE AFORESAID NORTHERLY LINE OF SAID PROPERTY OF RECORD IN DEED BOOK 801, PAGE 411; THENCE PROCEED N.59040'47"W. ALONG AND WITH SAID NORTHERLY LINE, 576.50 FEET TO THE POINT OF BEGINNING. THE AFORESAID PROPERTY CONTAINS 100,311 SQUARE FEET OR 2.303 ACRES. THE BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON BEARINGS SHOWN ON AN UNRECORDED PLAT OF SURVEY MADE BY OTHERS OF THE PROPOSED PADUCAH DOWNS PROPERTY. BEING A PORTION OF THE SAME PROPERTY CONVEYED TO WILIMINA GRAMSE ULLERICH BY DEED DATED AUGUST 18, 1949, OF RECORD IN DEED BOOK 282, PAGE 34, McCRACKEN COUNTY COURT CLERK'S OFFICE. WILIMINA GRAMSE ULLERICH DIED ON OR ABOUT MAY 23, 1998, AND IN ACCORDANCE WITH HER AFFIDAVIT OF DESCENT OF RECORD IN DEED BOOK 1036, PAGE 565, THE PROPERTY WAS DIVISED TO DAVID K. ULLERICH 50% AND CAROL C. ULLERICH 50%. DAVID K. ULLERICH DIED ON OR ABOUT AUGUST 3, 1999, AND PURSUANT TO HIS LAST WILL AND TESTAMENT OF RECORD IN WILL BOOK HHH, PAGE 158, THE PROPERTY WAS DEVISED TO CAROL CHRISTINE ULLERICH. THIS DESCRIPTION WAS DRAFTED BY RICHARD G. DAVIS, KENTUCKY PROFESSIONAL LAND SURVEYOR #1842, OF THE FIRM OF FARRIS, McINTOSH AND TREMPER, INC., 124 SOUTH 31sT STREET, PADUCAH, KENTUCKY 42001, FROM A BOUNDARY LINE SURVEY AND PLAT OF THE SUBJECT PROPERTY COMPLETED ON AUGUST 26, 2004. SECTION 2. This expenditure shall be charged to project account PA0032. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners May 24, 2005 Adopted by the Board of Commissioners, June 14, 2005 Recorded by Tammara S. Brock, City Clerk, June 14, 2005 Published by The Paducah Sun, June 19, 2005 \ord\parks\property-greenway trail (Ullerich) 433