Loading...
HomeMy WebLinkAboutOrdinances Book 10, Page 230, No Ordinance NumberPage 23 e� AN ORDINANCE AUTHORIZING AN OFFER AND AGREEMENT FOR yJg1 1151 EXCHANGE OF PROPERTY WITH THE UNITED STATES FOR THE PURPOSE OF PRO= VIDING RIGHT OF WAY FOR THE CONSTRUCTION OF THE PADUCAH FLOOD WALL AND AUTHORIZING AND DIRECTING THE CONVEYANCE AND ACCEPTANCE OF PROPERTY IN THAT CONNECTION AND FOR OTHER PURPOSES. WHEREAS, Section 3 of the Flood Control Act, approved June 22, 1936, required that local interests shall provide all lands, easements and rights-of-way necessary for the construction of local flood protection projects therein authorized, and Section 1 of the Flood Control Act approved August 28, 1937, under which certain flood protection works for the City of Paducah are now being and to be constructed, requires that the requirements of said Section 3 be met, with the exception of Federal participation in the cost of said rights-of-way which has been requested and granted, and WHEREAS, the City of Paducah has heretofore, on May 17, 1938, given assurance that it will comply with said requirements to the extent of its financial ability, as determined by the President, and WHEREAS, the construction of Section B of the local flood protection works for said City of Paducah will require i rights-of-way upon, over and through property owned by the i United States at the United States Engineer Depot, which rights-of-way are described as follows: "Through part of Lots 19 and 20 of Warren Thorn - berry's survey of the Langstaff Lands described as follows: Beginning on the West line of the property conveyed to the U. S. A. August 22, 1914 by A. W. Lucas and others and recorded in t;;cCracken County Court Clerk's Office in Deed Book 107, page 142, at a point 135.22 feet North of the North line of Meyers Street; said point being Station 28/26.02 of the centerline survey of the Paducah Flood Wall Section "B"; thence continuing on -the same line 25.0 feet to the river- side Rft; thence with the following deflection angles and distances along the riverside R/111 line; 90 17+07.5" right, 307.16 feet; 62009'00" right, 16.96 feet; 71049130" left, 89.24 feet; 9045120" right, 115.13 feet to the east line of said U.S.A. property; thence with a right deflection angle of 89038102.5" a distance of 25.0 feet to Station 22/95.67 of Section "B" centerline survey for Paducah Floodwall; thence continuing on the same line 27.29to the landside R/W line; thence with the following deflection angles and distances along the landside R/W line; 118°5957.5" Si ht, 4.78 feet; 28°38,00" left, 107.01 feet; 9 45120" left, 121.20 feet; 71049'30" right, 23.04 feet; 62009100" left, 276.78 feet to the West line of U.S.A. property; thence with the right deflection angle of 89042152.5" a distance of 25.0 feet to the point of beginning." Page 231 . AND, WHEREAS, Section 2 of an Act of Congress approved June 20, 1938 (Public No. 685 - 75th Congress, 56 Stat. 808) provides that in any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the government for private lands or property required for such project, the Secretary of War may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and WHEREAS, the City of Paducah is the owner of certain land of which only a portion is required for the construction of the flood protection works, and is not iieeded by the City and is needed by the United Stites inc onnection with the said Engineer Depot, and said additional and surplus land is described as follows: "Being all of the ','lest 15 feet of Lot 19 conveyed to the City of Paducah by deed of January 17, 1940 recorded in McCracken County Court Clerk's Office Deed Book 200, page 298, of larren Thornberry's Survey of the Langstaff Lands, except the South 8' which w as conveyed to the C. St. L & N.O.R.R. y b the Seacoast Mineral Company by deed dated ISI September 10, 1903 and recorded in McCracken County Court Clerk's Office in Deed Book 68, page 464; and also except a 50' piece reserved by the City for flood wall R1W which 50' piece is better described as follows: Beginning at a point on the line between Lots 18 and 19 of said survey of the langstaff Lands 110.29 feet North of the North line of Meyers Street, measured on said line; thence continuing North on the same line 50 feet to a point; thence with a right deflection angle of 90017'07.5" a distance of 15 feet; thence with a right deflection angle of 89042152.5" on a line parallel and 15 foot upstream from said line between lots 18 and 19 a distance of 50 feet to a point 110.22 feet North of the North line of Mayers Street; thence with a right deflection angle of 90017107.5" a distance of 15 feet to the point of beginning." "All of the 112 foot piece (except part reserved for Flood Wall R/1N) of Lot 20 of Warren Thorn - berry's Survey of the Langstaff Lands as conveyed to the City of Paducah by the Southside Realty Company by deed of January 17, 1940 and recorded in the McCracken County Court Clerk's Office in Deed Book 200, page 295, and described as follows: Lyin and being in the City of Paducah (Mechanics- burg , McCracken County, Kentucky, and being a part of Block 20 of what is known as the 'Warren Thornberry survey of the Langstaff land above Island Creek. A plat of said survey is recorded in Deed Book "H", page 64, McCracken County Court Clerk's Office, and beginning at a stone in the Northerly line of Meyers Street common corner to • the lot or parcel of ground herein described, and a lot or parcel of ground conveyed to the Ur.ited States of America by A.W.Lucas and others, by deed dated August 22, 1914, and recorded in Deed Book 107, page 142, McCracken County Court Clerk's Office; thence with the Northerly line of Myers Street South 61 degrees 45 minutes East, 112 feet Page 232 to a stake in the Northerly line of Meyers Street, common corner to the lot herein described and a lot or parcel of ground conveyed to James McCarthy by J. D. and Addie H. Mocquot, on December 28, 1903 and recorded in Deed Book 73, page 296, McCracken County Court Clerks Office; thence North 28 degrees 142 minutes East, and with the line dividing the herein described lot or parcel of ground and said James McCarthy lot, 422 feet and 6 inches, more or less, to low water mark in the Tennessee River and common corner to the lot or parcel of ground herein described, and said James McCarthy -lot; thence with the meanderings of the Tennessee River at low water mark, and in a North- easterly direction to a stake or stone, common corner to the lot herein described and the afore- said lot conveyed to the United States of America by A.W.Lucas and others as aforesaid; thence South 28 degrees 142 minutes twest with the line dividing the herein described lot or parcel of ground and the aforesaid United States of America lot or parcel of ground 422 feet and 6 inches, more or less, to the point of beginning on Meyers Street,and being the remaining portion of the certain three lots or parcels of ground conveyed to the Lack Realty Company by F.E.Lack and wife Minnie Lack, on May 28th, 1909, and recorded in � Deed Book 89, page 381, McCracken County Court Clerks Office. The foregoing tract of land is subject to the terms of an agreement or instrument executed by the Seacoast Mineral Company, a corporation, to the Chicago, St. Louis and New Orleans Railroad Company under date of September 10, 1903, recorded in Deed Book 68, page 464,. by the t arms of which the railroad company was granted a right of way for railroad purposes across a strip of above described land 8 feet in width lying along and adjacent to Meyers Street." Being the same property in all respects as that conveyed to John H. Knight and wife, A.A.Knight, in survivorship, by the Lack Realty Company by deed dated November 29, 19240 and recorded in Deed Book 142, page 118, in the office of the County Court Clerk of McCracken County, Kentucky. And being the same property in all respects as that conveyed to the Southside Realty Company by John H. Knight and his wife, A.A.Knight, by deed dated April 23, 1935, and recorded in Deed Book 183, page 593, in the office of the County Court Clerk of McCracken County, Kentucky." There is reserved from the above described tract of land a certain portion which is reserved for Flood Wall right- of-way above mentioned. Said reservation is as follows: i Beginning at a point on the West line of the above described 112 foot strip 170.86 feet North of the North line of Meyers Street; (a 33 foot street) thence with a right deflection angle of 90021157.5" a distance of 112.0 feet to the East line of said 112 foot strip; thence with a right deflection angle of 89038 ' 02.5" a distance of 113.61 feet to a point on said line 56.55 feet North of the North line of Meyers Street; (a 33 foot street); thence witpt a right deflection angle of 118059157.5" a distance of 128.02 feet to the West line of said 112 foot strip; thence with a right deflection angle of 61011102.5" a distance of 52.29 feet to the point of beginning. NOW, THEREFORE, BE IT ORDERED AND DIRECTED: �f THAT the City of Paducah offer and request the Secretary of War to grant to said City an easement over the ' land now owned by the United States and required for the flood protection works, in exchange for the land above described which is owned by the City of Paducah; all costs of title examination and perfection to be paid by the City of Paducah. Pace 233 ' III BE IT FURTHER ORDERED AND DIRECTED that the Mayor and I I City Clerk be and they are hereby authorized and directed to . enter into an agreement and offer as set out below, and in the event of acceptance of such offer and agreement by the United States, the said Mayor and City Clerk, or their successors in office, are hereby directed and empowered to do and execute such acts and instruments as are required by the United States to effect such exchange of lands and rights therein, including the perfecting of title and the conveyance of said land to the United States by General Warranty deed. BE IT FURTHER ORDERED AND DIRECTED that the offer and agreement to be submitted to the United States shall be as follows: OFFER AND AGREEMENT The City of Paducah, McCracken County, Kentucky, hereby offers to convey to the United States by warranty deed, without cost to the United States, the following described tract of land situated in the City of Paducah: "Being all of the West 15 feet of Lot 19 conveyed to the City of ?aducah by deed of January 17, 1940, recorded in McCracken County Court Clerk's Office, Deed Book 200, page 298 of Warren Thorn - Berry's Survey of the Langstaff Lands, except the 8' which was conveyed to the C. St. L. & N. 0. R. R. Co. by the Seacoast Mineral Company by deed dated September 10, 1903, and recorded in McCracken County Court Clerk's Office in Deed Book 68, page 464; and also except a 50' piece reserved by the City for Flood Wall R/W which 501 piece is better described as follows: Beginning at a point on the line between Lots 18 and 19 of said survey of the Langstaff Lands 110.29 feet North of the North line of Meyers Street, measured on said line; thence continuing North on the same line 50 feet to a point; thence with a right deflection angle of 90017107.5" a distance of 15 feet; thence with a right deflection angle of 89042152.5" on a line parallel and 15 feet upstream from said line bwtween Lots 18 and 19 a distance of 50 feet to a point 110.22 feet North of the North line of Meyers Street; thence with a right deflection angle of 90017107.5" a distance of 15 feet to the point of beginning." "All of the 112 foot piece (except part reserved for Flood Wall R/W) of Lot 20 of 54arren Tnornberry's Survey of the Langstaff Lands as conveyed to the City of Paducah, by the Southside Realty Company by deed of January 17, 1940 and recorded in the Mc- Cracle n County Court Clerk's Office in Deed Book 200, page 295, and described as follows: Lying and being in the City of Paducah (M9chanics- burg, McCracken County, Kentucky, and being a part of Block 20 of what is known as the Warren Thornberry Survey of the Langstaff land above Island Creek. A plat of said survey is recorded in Deed Book "H", page 64, McCracken County Court Clerk's Office, and beginning at a stone in the Northerly line of Meyers Street common corner to the lot or parcel of ground herein described, and a lot or parcel of ground conveyed to the United States of America by A.:"!.Lucas and others, by Page 234 deed dated August 22, 1914 and recorded in Deed Book 107, page 142, McCracken County Court Clerk's Office; thence with the Northerly line of Myers Street South 61 degrees 45 minutes East, 112 feet to a stake in the Northerly line of Meyers Street, common corner to the lot herein described and a lot or parcel of ground conveyed to James McCarthy by J.D. and Addie H. Mocquot, on December 28, 1903 and recorded in Deed Book 73, page 296, McCracken County Court Clerks office; thence North 28 degrees 142 minutes East, and with the line dividing the herein described lot or parcel of ground and said James McCarthy lot, 422 feet and 6 inches, more or less, to low water mark in the Tennessee River and common corner to the lot or parcel of ground herein described, and said Jaynes McCarthy lot; thence with the meanderings of the Tennessee River at low grater mark, and in a North- easterly direction to a stake or stone, common corner to the lot herein described and the afore- said lot conveyed to the United States of America by A.W.Lucas and others as aforesaid; thence South 28 degrees 1433- minutes West with the line dividing the herein described lot or parcel of ground and the aforesaid United States of America lot or parcel of ground 422 feet 6 inches, more or less, to the point of beginning on Meyers Street, and being the remaining portion of the certain three lots or parcels of ground conveyed to the Lack Realty Company by F.E.Lack and wife, Minnie Lack, on May 26th, 1909, and recorded in Deed Book 89, page 381, McCracken County Court Clerk's Office. The foregoing tract of land is subject to the terms of an agreement or instrument executed by the Seacoast Mineral Company, a corporation, to the Chiacago, St. Louis and New Orleans Railroad Company under date of September 10, 1903, recorded in Deed Book 68, page 464, by the terms of which the railroad company was granted a right of way for railroad purposes across a strip of above described land 8 feet in width lying along and adjacent to Meyers Street." Being the same property in all r eppects as that conveyed to John H. Knight and wife, A.A.Knight, in survivorship, by the Lack Realty Company by deed dated November 29, 1924, and recorded in Deed Book 142, page 118, in the office of the County Court Clerk of McCracken County, Kentucky. And being the same property in all respects as that conveyed to the Southside Realty Company by John H. Knight and his wife, A.A.Knight, by deed" dated April 23, 1935, and recorded in Deed Book 183, page 593, in the office of the County Court Clerk of McCrafken County, Kentucky.2 There is reserved from the above described tract of land a certain pm tion which is reserved for Flood Wall right-of-way above mentioned. Said reservation is as follows: Beginning at a point on the West line of the above described 112 foot strip 170.88 feet North of the North line of Meyers Street; (a 33 foot street) thence with a right deflection angle of 90021157.5" a distance of 112.0 feet to the East line of said 112 foot strip; thence with a right deflection angle of 89038102.5" a distance of 113.61 feet to a point on said line 56.55 feet North of the North line of Meyers Street; (a 33 foot street) thence with a right deflection angle of 118059157.5" a distance of 128.02 feet to the West line of said 112 foot strip; thence with a right deflection angle of 61000102.5" a distance of 52.29 feet to the point of beginning. Page 235 In exchange therefor, the City of Paducah hereby agrees to accept the following described rights-of-way on, over and across land now owned by the United States in said City, and required for the construction of local flood protection works; "Through part of Lots 19 and 20 of 'Barren Thorn - berry's Survey of the Langstaff Lands described as follows: Beginning on the West line of the property conveyed to the U.S.A August 22, 1914 by A.W.Lucas and others and recorded in McCracken County Court Clerk's Office in Deed Book 107, page 142, at a point 135.22 feet North of the North line of Meyers Street; Y , said point being Station 2826.02 of the centerline survey of the Paducah Flood Wall Section "B"; thence continuing on the sale line 25.0 feet to the riverside R/W line; thence with the following deflection angles and distances along the Riverside R/W line 90017107.5" right, 307.16 feet; 62009/00/1 right, 16.96 feet; 7184913011 left, 89.24 feet; 90451201/ right, 135.13 feet to the East line of said U.S.A property; thence with a right deflection angle of 89038102.511 a dis- tance of 25.0 feet to Station 22/95.67 of Section "B" centerline survey for Paducah Floodwall; thence con- tinuing on the same line 27.29 to the landside RAI line; thence with the following deflection angles and distances along the landside RN line; 118059157.5" right, 4.78 feet; 2803810011 left, 107.01 feet; 9045120" left, 121.20 feet; 71049130" right, 23.04 feet; 6200910011 left, 276.78 feet to the 'Hest line � of the U.S.A property; thence with a right deflection angle of 89042152.511 a distance of 25.0 feet to the point of beginning. The City will furnish an abstract or certificate of title to the land to be conveyed to the United States, accept- able to the Attorney General, and will at its own cost, take such action as may ba necessary to perfect such title. This offer shall not be withdrawn by the City within sixty days from date hereof, and if accepted by the United States within that period of time, shall become an irrevocable contract, binding upon said City to fulfill. Witness our hands and the seal of said City, this I day of April, 1940, under authority of an ordinance entitled "AN ORDINANCE AUTHORIZING AN OFFER ADID AGREEMENT FOR EXCHANGE OF PROPERTY' WITH THE UNITED STATES FOR THE PURPOSE OF PROVIDING RIGHT OF WAY FOR TIIE CONSTRUCTION OF THE PADUCAH FLOOD WALL AND AUTHORIZING AND DIRECTING THE CONVEYANCE AND ACCEPTANCE OF PROPERTY IN THAT CONNECTION AND FOR OTHER PURPOSES" adopted by the Board of Commissioners of said City, approved April 16th, 1940, certified copy of which ordinance is hereto attached. l Pierce E. Lackey i Mayor Page 236 I I I City Clerk City Attorney for the i City of Paducah, hereby certify that the foregoing ordinance has been duly and legally adopted by the Board of Commissioners of said City; that the ordinance and all acts relating thereto are ih proper form; that the exchange of lands proposed by said resolution and offer are within the powers of the Board of Commissioners and that the offer, when accepted by the i United States within the specified period, will create a legal, binding obligation on the party of the City to consum- mate the transaction. i Witness my hand this day of April, 1940. City Attorney Mayor Passed by the Board of Commissioners, April 16, 1940 Recorded by Rudy Stewart, City Clerk, April 17, 1940. I