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HomeMy WebLinkAbout2003-12-6734ORDINANCE NO. 2003-12-6734 622 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT WITH KENTUCKY OAKS MALL COMPANY AND WAREHOUSE, INC., FOR ACQUISITION OF RIGHT OF WAY FOR THE EAST MALL ACCESS ROAD WHEREAS, the Board of Commissioners adopted Ordinance #96-10-5587 authorizing condemnation action against Kentucky Oaks Mall Company regarding the acquisition of real property for the establishment of the East Mall Access Road; and WHEREAS, an interlocutory judgment and order was entered by the McCracken Circuit Court r in the aforementioned condemnation action, and in accordance therewith, the sum of $56,350.00, as authorized by Ordinance #97-12-5787, 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 Agreement and Release of Claims entered into between the City of Paducah, Kentucky Oaks Mall, and Warehouse, Inc. regarding the resolution of the condemnation action instituted by the City of Paducah for the establishment of the East Mall Access Road. In such regard, the Mayor is hereby authorized to execute the Settlement Agreement and Release of Claims for and on behalf of the City of Paducah for the acquisition of right of way for the East Mall Access Road. SECTION 2. The Mayor is hereby authorized to execute a Quitclaim Deed and all documents necessary for the acquisition of right-of-way from Kentucky Oaks Mall Company for the establishment of East Mall Access Road. SECTION 3. The Board of Commissioners hereby authorizes the City's legal representative, 1, on behalf of the City, to enter an Agreed Order of Dismissal in McCracken Circuit Court. SECTION 4. The Board of Commissioners hereby authorized the additional sum of $153,650.00 to be paid to Kentucky Oaks Mall Company, and the Finance Director is hereby authorized and directed to transfer $153,650.00 from the Commission Contingency Account to the East Mall Access Road Project Account ST0003. Said funds shall be paid to Kentucky Oaks Mall Company no later than January 16, 2004. SECTION 5. This Ordinance shall be read on two separate days and will be effective upon summary publication pursuant to KRS Ch. 424. MAYOR A TEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners November 25, 2003 4 Adopted by the Board of Commissions December 9, 2003 Recorded by Tammara S. Brock, City Clerk, December 9, 2003 Published by The Paducah Sun, December 16, 2003 \ord\eng\East Mall Access Road Agmt-Final I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah, Kentucky, on December 9, 2003. Tammara S. Brock, City Clerk