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HomeMy WebLinkAbout2020-08-8645 (adopted August 11) (all items on July 28 agenda were re-adopted)225978 ORDINANCE NO. 2020-08-8645 AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF MUNICIPALLY OWNED REAL PROPERTIES LOCATED THROUGHOUT PADUCAH, MCCRACKEN COUNTY, KENTUCKY, TO THE PADUCAH-MCCRACKEN COUNTY JOINT SEWER AGENCY PURSUANT TO THE PROVISIONS OF CITY ORDINANCE NO. 98-8-5927 ESTABLISHING THE AGENCY WHEREAS, the City of Paducah ("City") is the present owner of certain real properties located within Paducah, McCracken County, Kentucky, which are utilized, possessed, and controlled by the Paducah -McCracken County Joint Sewer Agency (the "Agency") in connection with its sanitary sewer system; and WHEREAS, on August 25, 1998, and September 14, 1998, respectively, the legislative bodies of the City of Paducah and McCracken County, Kentucky, adopted identical ordinances, pursuant to KRS 76.231, which established the Paducah -McCracken County Joint Sewer Agency ("Agency"), and as a part of these ordinances the Agency was obligated to assume the control, operation, assets and liabilities of the sewer system of the City, including ownership of the herein -described real property, and the Agency assumed such obligations and began operations on July 1, 1999; and WHEREAS, as a result of an administrative oversight, a deed of conveyance transferring the herein -described real property from City to Agency was never formally executed and delivered in order to properly document the transfer of the herein -described property from City to Agency; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. Recitals and Authorizations. The Board of Commissioners hereby approves the transfer of the real properties more particularly described in Exhibit A to the Agency in accordance with the provisions of the City's establishing Ordinance, Ord. No. 98-8-5927. Further, the Mayor of the City of Paducah, Kentucky, be and is hereby authorized to execute and deliver a general warranty deed of conveyance of these properties , together will all other documentation necessary to effectuate the transfer of the real properties. Section 2. Severability. If any section, paragraph or provision of this Municipal Order shall be held to the 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 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. w Mayor Brandi \ less ATTEST: Clerk, Lindsay P sh Introduced by the Board of Commissioners, July 14, 2020 Adopted by the Board of Commissioners, August 11, 2020 Recorded by Lindsay Parish, City Clerk, August 11, 2020 Published by The Paducah Sun, August 14, 2020 Ord\jsa prop transfer 2020 EXHIBIT A TO ORDINANCE THE PROPERTIES PARCELI: Being Tract 2, containing 7.053 acres, and Tract 3, containing 0.229 acres, as set forth on the Waiver of Subdivision for Paducah -McCracken County Joint Sewer Agency and City of Paducah Property, Northview Street, Paducah, McCracken County, Kentucky, recorded in Plat Section M, page 1470, in the McCracken County Court Clerk's Office. A portion of Tract 2 is the same property conveyed to the City of Paducah, Kentucky, by deeds dated November 22, 1995, of record in Deed Book 841, Page 709, and dated January 19, 1999, of record in Deed Book 907, Page 380 and being part of the same property conveyed to the City of Paducah, Kentucky by deeds dated December 15, 1955, of record in Deed Book 368, Page 478 dated December 31, 1955 of record in Deed Book 371, Page 463 and dated October 16, 1991 of record in Deed Book 760, Page 803. All recordings are of record in the McCracken County Court Clerk's Office. Tract 3 being the same property conveyed to the City of Paducah, Kentucky by deeds dated November 22, 1995, of record in Deed Book 841, Page 703, dated November 22, 1995, of record in Deed Book 841, Page 706, McCracken County Court Clerk's Office and City Ordinance Number 77-4-1406. PARCEL II: Being Tract 2, containing 0.067 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and the City of Paducah, North 3rd Street, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1468 in the McCracken County Court Clerk's Office. Also conveyed herein is all right, title, and interest in and to the Reciprocal higress/Egress Easement established by the aforesaid Plat of record in Plat Section M, Page 1468 in the aforesaid Clerk's Office. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated March 21, 1956, of record in Deed Book 372, Page 83 and a portion of the same conveyed to the City of Paducah, Kentucky, by deed dated December 23, 1939, of record in Deed Book 200, Page 289 in the aforesaid Clerk's Office. PARCEL III: Being Tract 1, containing 0.565 acres, as set forth on the Waiver of Subdivision for Paducah McCracken County Joint Sewer Agency and City of Paducah, Lift Station No. 1, Old Cairo Road, Paducah, McCracken County, Kentucky, of record in Plat Section M, Page 1469 in the McCracken County Court Clerk's Office. Also granted herein is a permanent, perpetual ingress/egress easement over, under and through the easement area as established by and depicted in the aforesaid plat of record in Plat Section M, Page 1469 in the aforesaid Clerk's Office. Being part of the same property conveyed to the City of Paducah, Kentucky, by deeds dated December 1, 1999, of record in Deed Book 928, Page 599, dated May 17, 1939, of record in Deed Book 200, Page 234, and dated October 7, 1954, of record in Deed Book 362, Page 293 in the aforesaid Clerk's Office. PARCEL IV: TRACT 1: Beginning 70 feet from the southeast intersection of 6" Street and Terrell Street; thence along the east line of Terrell Street in a southerly direction 45 feet; thence in an eastwardly direction and parallel with 61° Street 275 feet; thence in a northwardly direction and parallel with Terrell Street 45 feet to a stake; thence parallel with 6' Street in a Westward direction 275 feet to the beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 31, 1955, of record in Deed Book 371, Page 549 in the McCracken County Court Clerk's Office. TRACT 2: Beginning at the Southeast corner of the intersection of Sixth and Terrell Streets in said city; thence along the Easterly line of Terrell Street in a Southerly direction seventy (70) feet; thence in an Easterly direction and parallel with Sixth Street and towards Flournoy Street two hundred seventy-five (275) feet; thence in a Northerly direction and parallel with Terrell Street, seventy (70) feet to the Southerly line of Sixth Street; thence with the line of North Sixth Street in a Westerly direction two hundred seventy-five (275) feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated December 23, 1938, of record in Deed Book 200, Page 149 in the McCracken County Court Clerk's Office. TRACT 3: Being two-thirds of Lot No. 68, and the part of said Lot lying nearest the river and the same on which Gray formerly lived, except 100 feet hereto -fore sold to Joseph Briggs, and except 50 feet sold to W.A. Buford off of said described land, and the same land sold to William Overstreet by J.W. Eaker by deed recorded in Deed Book 43, Page 402; and being the same property conveyed by Jessie Ballanger, etc; to Thomas Warren and John D. Eubanks on May 3151, 1893; recorded in Deed Book --- Page ---; and being the same property conveyed to Thomas Warren by J.D. Eubanks and his wife, Fannie Eubanks on August 4', 1894, by deed recorded in Deed Book 49, Page 370, McCracken County Court Clerk's Office, and inherited by first parties from Thomas Warren, deceased. Being the same property conveyed to City of Paducah, Kentucky, a Municipal Corporation, by deed dated May 27, 1922, of record in Deed Book 139, Page 117 in the McCracken County Court Clerk's Office. PARCEL V: Beginning at a point in the City's northwest property corner on the east right-of-way line of Olivet Church Road; thence, North 74° 00' West a distance of 50 feet, plus or minus, to a point; thence, North 17° 00' East a distance of 50 feet to a point; thence, South 74° 00' East a distance of 50 feet, plus or minus, to a point; thence, South 17° 00' West a distance of 50 feet to the point of beginning. Being the same property conveyed to City of Paducah, Kentucky, by deed dated March 18, 1993, of record in Deed Book 786, Page 540, in the McCracken County Court Clerk's Office. PARCEL VI: TRACT 1: Beginning at a point on the Northerly property line of the Indian Hills Subdivision, as recorded in Plat Book "G", Page 1, said beginning point being South 87 degrees 14 minutes West and 364.38 feet from a stone at the Northwest intersection of the said Indian Hills Northerly property line with the Westerly property line of the Friendship Road; thence continuing along the said Northerly property line of Indian Hills Subdivision South 87 degrees 14 minutes West for a distance of 235.0 feet to a point; thence North 2 degrees 45 minutes West for a distance of 257.5 feet to a point in the center of a creek, also the Southerly property line of the Goodman Estate; thence North 87 degrees 50 minutes East with the center of the creek and along the Southerly property line of the Goodman Estate for a distance of 235.0 feet to a point; thence South 2 degrees 45 minutes East for a distance of 255.00 feet to the point of beginning and containing 1.4 acres of land. The owners of the property also convey the right of ingress and egress for the purpose of construction, maintenance, and inspection of the sewer treatment plant and trunk line over and upon the portion of the property located parallel to the Indian Hills Subdivision Northerly line from the North Friendship Road to the above described tract of land. Also conveyed is a 12 foot sewer easement extend from the Northerly property line in the center of the creek and being located 40.9 feet from the center line of Seneca Drive at its intersection with the center line of the North Friendship Road; thence South 32 degrees 49 minutes West for a distance of 40.00 feet to a point; thence South 85 degrees 50 minutes West for a distance of approximately 290 feet to a point in the Easterly property line of the Plant site property. Also another 12 foot easement leading in a Northerly direction from the Northerly property line of the Indian Hills Subdivision and beginning 3 54.3 8 feet and South 87 degrees 14 minutes West of the Northeast intersection of the said Indian Hills Subdivision Northerly property line with the Westerly property of the Friendship Road; thence North 12 degrees 45 minutes West for a distance of approximately 63 feet to its intersection with the Easterly property line of the Plant site. The above sewer easements were conveyed to the Sanitation District No. 1 of McCracken County, Kentucky to forever maintain the said sewer, tile or drain over and upon the said property which is owned by Mr. G. W. Mason and Mr. J. M. Knott, including the right to re -construct the said sewer title or drain and to make such repairs as may be necessary to be made from time to time so that it may be forever kept in a workable and efficient condition. In the event of permanent discontinued use of said sewer tile or drain said easements shall become null and void. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated October 20, 1981, and record in Deed Book 641, Page 284, in the McCracken County Court Clerk's Office. TRACT 2: All right, title, and interest granted to City of Paducah, Kentucky, in and to the easement established in Right of Way Easement dated August 6, 1990, of record in Deed Book 744, Page 702, in the McCracken County Court Clerk's Office and as depicted on the Revised Subdivision Plat of the Woodlands of Lone Oak of record in Plat Section L, Page 514, in the McCracken County Court Clerk's Office. PARCEL VII: TRACT 1: Beginning at a point on the west line of South 4s` Street 78.67 feet south of Husbands Street; thence westwardly and parallel with Husbands Street 120 feet; thence southwardly and parallel with 4' Street 90 feet; thence eastwardly and parallel with Husbands Street 95 feet to a point 35 feet west of the west line of South 4' Street; thence southwardly and parallel with 4' Street 265 feet, more or less, to Wynn's north line; thence eastwardly parallel with Husbands street and along Wynn's north line 35 feet to a point on the west line of South 4°i Street; thence northwardly with the west line of South 41° Street 355 feet, more or less, to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky, by deed dated January 6, 1956, of record in Deed Book 370, Page 199 in the McCracken County Court Clerk's Office. TRACT 2: Being a part of Lot No. 5, Addition "P", to the City of Paducah, Kentucky, and lying and being on the West side of South Fourth Street, and beginning at the corner of the lot heretofore conveyed to the City of Paducah by Sallie R. Morrow, a widow; thence with the west line of South Fourth Street 78 feet and 8 inches; thence at right angles and in a westerly direction and to the line of South Fifth Street, 173 feet 3 inches; thence at right angles and with the east line of Fifth Street 78 feet and 8 inches to the line of a lot sold to the City of Paducah, Kentucky, by Sallie R. Morrow, a widow; thence at right angles and with the line of the aforesaid lot 173 feet 3 inches to the point of beginning. Being the same property conveyed to the City of Paducah, Kentucky, a municipal corporation, by deed dated September 21, 1995, of record in Deed Book 839, Page 198 in the McCracken County Court Clerk's Office.