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HomeMy WebLinkAbout96-10-5587743 ORDINANCE #96- /6- !9'!�797 AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF LANDS NECESSARY TO CONSTRUCT A PUBLIC RIGHT- OF-WAY FROM U.S. HIGHWAY 60 ACROSS PROPERTY OWNED BY KENTUCKY OAKS MALL COMPANY, TEACHERS RETIREMENT SYSTEM OF THE STATE OF KENTUCKY, AS LEASED TO WAL-MART STORES, INC. AND SERVICE MERCHANDISE COMPANY, INC. AND ANY NECESSARY TEMPORARY CONSTRUCTION EASEMENTS AND f DEMONSTRATING THE NEED FOR SAID CONDEMNATION. WHEREAS, certain permanent right-of-ways, permanent easements and temporary construction easements across parcels of real property owned by Kentucky Oaks Mall Company, Inc., Teachers Retirement System of the State of Kentucky and Service Merchandise Company, Inc., are necessary for the purpose of construction, improvement, widening and maintenance of a public roadway in the City of Paducah; and, WHEREAS, the properties, attached hereto, are necessary by the City of Paducah, Kentucky, in furtherance of the public purpose of the City of Paducah to provide and maintain a public roadway system to serve the residents of the City of Paducah, Kentucky; and, WHEREAS, the City of Paducah, Kentucky, has been unable to contract or agree with the owners thereof for the acquisition or purchase of the real property sought to be condemned; and, WHEREAS, the City of Paducah, Kentucky, through its Board of Commissioners, has deemed the acquisition of this property necessary for the purposes of a public project and for public use; and, WHEREAS, the City of Paducah, Kentucky, through its Board of Commissioners, does hereby authorize the condemnation of said rights across the herein described real properties pursuant to the Kentucky Revised Statutes; and, WHEREAS, the City of Paducah, Kentucky, intends to improve and maintain the public right-of-way to be built as a public road for r ` public use; and, WHEREAS, the Board of Commissioners of the City of Paducah has determined that the public right-of-way sought is, in the interest of public safety; 744 NOW, THEREFORE, be it ordained by the City of Paducah, Kentucky: SECTION 1. That the corporate counsel of the City of Paducah, Kentucky, or other counsel as may be designated by the mayor, city manager or city engineer, be and is hereby ordered and directed to institute or to continue condemnation proceedings in the McCracken Circuit Court in the name of the City of Paducah, Kentucky, against Kentucky Oaks Mall Company, Service Merchandise Company, Inc., Teachers Retirement System of the State of Kentucky and any other persons or entities having ownership or possessory interests in the land over which the public right-of-way shall pass as may be necessary to allow transfer of fee simple title to City of Paducah, Kentucky. SECTION 2. That the real properties to be acquired are in Paducah, McCracken County, Kentucky, and are more particularly described on Exhibit A attached hereto. SECTION 3. That under the authority of this ordinance, temporary construction easements may also be acquired, which y easements shall terminate and revert upon completion of the said right-of-way. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS 424. Albert Jones, Mayo ATTEST: ityClerk Introduced by the Board of Commissioners Adopted by the Board of Commissioners ��J� oZaZ, // Recorded by Lenita Smith, City Clerk DG�i". 2•� �% % So Published by The Paducah Sun 746 PARCEL #14 PERMANENT RIGHT OF WAY The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 114.66 feet right of the Proposed East Mall Access Road station 40+84.94; thence North 86 degrees 01 minutes 21 seconds West, 82.83 feet to a point 32.20 feet right of the Proposed East Mall Access Road station 40+76.22; thence South 77 degrees 13 minutes 36 seconds West, 36.17 feet to a point 1.50 feet left of the Proposed East Mall Access Road station 40+62.80; thence North 12 degrees 03 minutes 49 seconds East, 143.20 feet to a point .05 feet left of the Proposed East Mall Access Road station 42+05.94; thence North 12 degrees 03 minutes 49 seconds East, 150.00 feet to a point .66 feet left of the Proposed East Mall Access Road station 43+55.93; thence North 89 degrees 47 minutes 06 seconds West, 40.23 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 43+47.51; thence North 12 degrees 17 minutes 56 seconds East, 103.96 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 44+51.48; thence 490.54 feet along an arc to the right, having a radius of 11499.16 feet, the chord of which is North 13 degrees 31 minutes 16 seconds East, 490.51 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 49+40.31; thence North 14 degrees 44 minutes C11 35 seconds East, 184.20 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 51+24.51; thence 164.68 feet alone an arc to the left, having a radius of 114.50 feet, the chord of which is North 26 degrees 26 minutes 13 seconds West, 150.85 feet to a point 139.32 feet left rf the Proposed East Mall Access Road station 52+38.05; thence North 75 degrees 13 minutes 08 seconds West, 60.70 feet to a point 200.02 feet left of the Proposed East Mall Access Road station 52+38.09; thence North 14 degrees 46 minutes 52 seconds East, 60.00 feet to a point 199.98 feet left of the Proposed East Mall Access Road station 52+98.09; thence South 75 degrees 13 minutes 08 seconds East, 60.50 feet to a point 139.48 feet left of the Proposed East Mall Access Road station 52+98.05; thence 42.35 feet along an arc to the left, having a radius of 114.50 feet, the chord of which is North 86 degrees 36 minutes 29 seconds East, 42.11 feet to a point 99.46 feet left of the Proposed East Mall Access Road station 53+11.16; thence South 29 degrees n; 59 minutes 46 seconds East, 115.41 feet to a point 18.23 feet left of the Proposed East Mall Access Road station 52+29.18; thence South 15 degrees 00 minutes 00 seconds West, 357.13'feet to a point 20.03 feet left of the Proposed East Mall Access Road station 48+72.17; thence South 15 degrees 00 minutes 00 seconds West, 51.69 feet to a point 20.69 feet left of the Proposed East Mall Access Road station 48+20.58; thence South 0 degrees 00 minutes 00 seconds East, 174.90 feet to a point 20.80 feet right of the Proposed East Mall Access Road station 46+50.66; thence South 75 degrees 00 minutes 00 seconds East, 19.21 feet to a point 40.00 feet right of the The above described parcel contains 1.568 acres (68,321 sq.ft.). Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky. 747 Proposed East Mall Access Road station 46+50.09; thence 69.21 feet along an arc to the left, having a radius of 11419.16 feet, the chord of which is South 13 degrees 07 minutes 06 seconds West, 69.21 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 45+80.64; thence 4.20 feet along an arc to the left, having a radius of 80.00 feet, the chord of which is South 42 degrees 45 minutes 55 seconds West, 4.20 feet to a point 37.91 feet right of the Proposed East Mall Access Road station 45+76.98; thence South 0 degrees 00 minutes 00 seconds East, 9.35 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 45+67.84; thence South 0 degrees 00 minutes 00 seconds East, 13.80 feet to a point 43.07 feet right of the Proposed East Mall Access Road station 45+54.33; thence South 12 degrees 03 minutes 49 seconds West, 175.06 feet to a point 44.25 feet right of the Proposed East Mall Access Road station 43+78.89; thence South 12 degrees 03 minutes 49 seconds West, 185.76 feet to a point 45.01 feet right of the Proposed East Mall Access Road station p 41+93.13; thence South 21 degrees 58 minutes �i 35 seconds East, 124.74 feet to the point of beginning. The above described parcel contains 1.568 acres (68,321 sq.ft.). Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky. 747 PARCEL #17 PERMANENT RIGHT OF WAY The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 46+50.09; thence North 75 degrees 00 minutes 00 seconds West, 19.21 feet to a point 20.80 feet right of the Proposed East Mall Access Road station 46+50.66; thence North 0 degrees 00 minutes 00 seconds East, 174.90 feet to a point 20.69 feet left of the Proposed East Mall Access Road station 48+20.58; thence North 15 degrees 00 minutes 00 seconds East, 51.69 feet to a point 20.03 feet left of the Proposed East Mall Access Road station 48+72.17; thence South 78 degrees 09 minutes 29 seconds East, 60.09 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 48+74.87; thence 223.99 feet along an arc to the left, having a radius of 11419.16 feet, the chord of which is South 13 degrees 51 minutes 14 seconds West, 223.99 feet to the point of beginning. The above described parcel contains .228 acres (9, 933 sq. ft.) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky. 748 749 PARCEL #19 PERMANENT RIGHT OF WAY The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 18.23 feet left of the Proposed East Mall Access Road station 52+29.18; thence North 29 degrees 59 minutes 46 seconds West, 115.41 feet to a point 99.46 + feet left of the Proposed East Mall Access Road station 53+11.16; thence 32.66 feet along an arc to the left, having a radius of 114.50 feet, the chord of which is North 67 degrees 50 minutes 33 seconds East, 32.55 feet to a point 73.44 feet left of the Proposed East Mall Access Road station 53+30.70; thence South 75 degrees 00 minutes 00 seconds East, 3.89 feet to a point 69.54 feet left of the Proposed East Mall Access Road station 53+30.68; thence 13.65 feet along an arc to the left, having a radius of 125.00 feet, the chord of which is North 43 degrees 12 minutes 19 seconds East, 13.65 feet to a point 63.04 feet left of the Proposed East Mall Access Road station 53+42.68; thence 73.86 feet along an arc to the left, having a radius of 114.50 feet, the chord of which is North 33 degrees 14 minutes 50 seconds East, 72.59 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 54+11.51; thence North 14 degrees 44 minutes 35 seconds East, 30.63 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 54+42.15; thence 13.57 feet along an arc to the left, having a radius of 480.87 feet, the chord of which is North 13 degrees 56 minutes 04 seconds East, 13.57 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 54+56.85; thence North 90 degrees 00 minutes 00 seconds East, 81.83 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 54+74.11; thence 34.42 feet along an arc to the right, having a radius of 560.87 feet, the chord of which is South 12 degrees 59 minutes 06 seconds West, 34.41 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 54+42.15; thence South 14 degrees 44 minutes 35 seconds West, 124.21 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 53+17.93; thence South 30 degrees 14 minutes 16 seconds East, 28.29 feet to a point 60.00 feet right of the Proposed East Mall Access Road station 52+97.92; thence South 75 degrees 13 minutes 08 seconds East, 40.00 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+97.89; thence South 14 degrees 44 minutes �.P 35 seconds West, 1.72 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+96.18; thence North 78 degrees 09 minutes 29 seconds West, 53.43 feet to a point 46.64 feet right of the Proposed East Mall Access Road station 52+93.47; thence South 59 degrees 59 minutes 55 seconds West, 91.33 feet to the point of beginning. The above described parcel contains .481 acres (20,940 sq. ft .) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky. 0 750 PARCEL #20 PERMANENT RIGHT OF WAY The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 69.54 feet left of the Proposed East Mall Access Road station 53+30.68; thence North 75 degrees 00 minutes 00 seconds West, 3.89 feet to a point 73.44 feet left of the Proposed East Mall Access Road station 53+30.70; thence 15.88 feet along an arc to the left, having a radius of 114.50 feet, the chord of which is North 55 degrees 41 minutes 59 seconds East, 15.86 feet to a point 63.04 feet left of the Proposed East Mall Access Road station 53+42.68; thence 13.65 feet along an arc to the right, having a radius of 125.00 feet, the chord of which is South 43 degrees 12 minutes 19 seconds West, 13.65 feet to the point of beginning. The above described parcel contains .001 acres (22 sq.ft.) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 783 Page 57 in the office of the County Clerk of McCracken County, Kentucky. �C 751 PARCEL #22 PERMANENT RIGHT OF WAY The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 57+58.46; thence South 90 degrees 00 minutes 00 seconds West, 80.05 feet to a point 34.42 CI feet left of the Proposed East Mall Access Road station 57+87.86; thence South 0 degrees 00 minutes 00 seconds East, 14.57 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 57+73.36; thence 200.49 feet along an arc to the left, having a radius of 480.87 feet, the chord of which is North 33 degrees 38 minutes 04 seconds West, 199.04 feet to a point 40.00 feet left pf the Proposed East Mall Access Road station 59+90.52; thence North 40 degrees 40 minutes 10 seconds East, 80.15 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 59+95.39; thence 255.13 feet along an arc to the right, having a radius of 560.87 feet, the chord of which is South 33 degrees 04 minutes 58 seconds East, 252.94 feet to the point of beginning. The above described parcel contains .405 acres (17, 642 sq. ft . ) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 643 Page 565 in the office of the County Clerk of McCracken County, Kentucky. 752 EASEMENT PARCEL #14 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 45+80.64; thence 69.21 feet along an arc to the right, having a radius of 11419.16 feet, the chord of which is North 13 degrees 07 minutes 06 seconds East, 69.21 feet to 4 point 40.00 feet right of the Proposed East Mall Access Road station 46+50.09; thence South 75 degrees 00 minutes 00 seconds East, 51.26 feet to a point 91.23 feet right of the Proposed East Mall Access Road station 46+48.55; thence South 89 degrees 47 minutes 06 seconds East, 11.93 feet to a point 102.85 feet right of the Proposed East Mall Access Road station 46+51.27; thence South 89 degrees 46 minutes 58 seconds East, 10.83 feet to a point 113.40 feet right of the Proposed East Mall Access Road station 46+53.75; thence South 19 degrees 02 minutes 00 seconds West, 31.70 feet to a point 110.19 feet right of the Proposed East Mall Access Road station 46+21.89; thence North 89 degrees 47 minutes 06 seconds West, 20.05 feet to a point 90.65 feet right of the Proposed East Mall Access Road station 46+17.37; thence 64.15 feet along an arc to the left, having a radius of 80.00 feet, the chord of which is South 67 degrees 14 minutes 30 seconds West, 62.45 feet to the pont of beginning. The above described parcel contains .067 acres (2,922 sq. ft .) . 753 754 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 40.00 feet left of the Proposed East Mall Access Road station 43+47.51; thence North 89 degrees 47 minutes 06 seconds West, 61.36 feet to a point 100.00 feet left of the Proposed East Mall Access Road station 43+34.67; thence North 2 degrees 03 minutes 17 seconds East, 56.23 feet to a point 110.00 feet left of the Proposed East Mall Access Road station 43+90.00; thence North 66 degrees 16 minutes 17 seconds East, 68.01 feet to a point 55.00 feet left of the Proposed East Mall Access Road station 44+30.00; thence North 10 degrees 40 minutes 24 seconds East, 150.73 feet to a point 60.00 feet left of the Proposed East Mall Access Road station 45+80.00; thence North 27 degrees 57 minutes 11 seconds West, 53.35 feet to a point 95.00 feet left of the Proposed East Mall Access Road station 46+20.00; thence North 21 degrees 58 minutes 59 seconds East, 66.27 feet to a point 85.00 feet left of the Proposed East Mall Access Road station 46+85.00; thence North 76 degrees 47 minutes 57 seconds East, 33.58 feet to a point 55.00 feet left of the Proposed East Mall Access Road station 47+00.00; thence North 15 degrees 04 minutes 16 seconds East, 431.14 feet to a point 50.00 feet left of the Proposed East Mall Access Road station 51+30.00; thence T, North 11 degrees 49 minutes 19 seconds West, 55.90 feet to a point 75.00 feet left of the Proposed East Mall Access Road station 51+80.00; thence North 48 degrees 41 minutes 31 seconds West, 44.72 feet to a point 115.00 feet left of the Proposed East Mall Access Road station 52+00.00; thence North 32 degrees 36 minutes 40 seconds West, 34.03 feet to a point 140.03 feet left of the Proposed East Mall Access Road station 52+23.05; thence North 75 degrees 13 minutes 08 seconds West, 70.00 feet to a point 210.03 feet left of the Proposed East Mall Access Road station 52+23.10; thence North 14 degrees 46 minutes 52 seconds East, 93.21 feet to a point 209.97 feet left of the Proposed East Mall access Road station 53+16.31; thence South 75 degrees 00 minutes 00 seconds East, 95.87 feet to a point 114.10 feet left of the Proposed East Mall Access Road station 53+15.88; thence South 75 degrees 00 minutes 00 seconds East, 10.00 feet to a point 104.10 feet left of the Proposed East Mall Access Road station 53+15.84; thence South 29 degrees 59 minutes T 46 seconds East, 6.59 feet to a point 99.46 feet left of the Proposed East Mall Access l Road station 53+11.16; thence 42.35 feet along an arc to the right, having a radius of 114.50 feet, the chord of which is South 86 degrees 36 minutes 29 seconds West, 42.11 feet to a point 139.48 feet left of the Proposed East Mall Access Road station 52+98.05; thence North 75 degrees 13 minutes 08 seconds West, 60.50 feet to a point 199.98 feet left of the Proposed East Mall Access Road station 52+98.09; thence South 14 degrees 46 minutes 52 seconds West, 60.00 feet to a point 200.02 feet left of the Proposed East Mall Access Road station 52+38.09; thence South 75 degrees 13 minutes 08 seconds East, 60.70 feet to a point 139.32 feet left of the Proposed East Mall Access Road station 52+38.05; thence 164.68 feet along an arc to the right, having a radius of 114.50 feet, the chord of which is South 26 degrees 26 minutes 13 seconds East, 150.85 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 51+24.51; thence South 14 degrees 44 minutes 35 seconds West, 184.20 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 49+40.31; thence 490.54 feet along an arc to the left, having a radius of 11499.16 feet, the chord of which is South 13 degrees 31 minutes 16 seconds West, 490.51 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 44+51.48; thence South 12 degrees 17 minutes 56 seconds West, 103.96 feet to the point of beginning. The above described parcel contains .557 acres (24,248 sq. ft .) . 755 EASEMENT PARCEL #17 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 46+50.09; thence 223.99 feet along an arc to the right, having a radius of 11419.16 feet, the chord of which is North 13 degrees 51 minutes 14 seconds East, 223.99 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 48+74.87; thence South 78 degrees 09 minutes 29 seconds' -East, 7.98 feet to a point 47.97 feet right of the Proposed East Mall Access Road station 48+75.22; thence South 0 degrees 00 minutes 01 seconds West, 229.14 feet to a point 102.85 feet right of the Proposed East Mall Access Road station 46+51.27; thence North 89 degrees 47 minutes 06 seconds West, 11.93 feet to a point 91.23 feet right of the Proposed East Mall Access Road station 46+48.55; thence North 75 degrees 00 minutes 00 seconds West, 51.26 feet to the point of beginning. The above described parcel contains .186 acres (8, 092 sq. ft.) . 0 �'r 756 EASEMENT PARCEL #19 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 115.00 feet right of the Proposed East Mall Access Road station 52+96.94; thence North 78 degrees 09 minutes 29 seconds West, 15.02 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+96.18; thence North 14 degrees 44 minutes 35 seconds East, 1.72 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+97.89; thence North 75 degrees 13 minutes 08 seconds West, 40.00 feet to a point 60.00 feet right of the Proposed East Mall Access Road station 52+97.92; thence North 30 degrees 14 minutes 16 seconds West, 28.29 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 53+17.93; thence North 14 degrees 44 minutes 35 seconds East, 124.21 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 54+42.15; thence 34.42 feet along an arc to the left, having a radius of 560.87 feet, the chord of which is North 12 degrees 59 minutes 06 seconds East, 34.41 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 54+74.11; thence North 90 degrees 00 minutes 00 seconds East, 10.19 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 54+75.92; thence 37.02 feet along an arc to the right, having a radius of 570.87 feet, the chord of which is South 12 degrees 53 minutes 08 seconds West, 37.01 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 54+42.15; thence South 14 degrees 44 minutes 35 seconds West, 42.15 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 54+00.00; thence South 30 degrees 15 minutes 25 seconds East, 91.92 feet to a point 115.00 feet right of the Proposed East Mall Access Road station 53+35.00; thence South 14 degrees 44 minutes 35 seconds West, 38.06 feet to the point of beginning. The above described parcel contains .141 acres (6,143 sq. ft.) . 757 758 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 63.04 feet left of the Proposed East Mall Access Road station 53+42.68; thence 87.47 feet along an arc to the left, having a radius of 125.00 feet, the chord of which is North 20 degrees 02 minutes 48 seconds East, 85.70 feet to a point 55.12 feet left of the Proposed East Mall Access Road station 54+28.01; thence North 0 degrees 00 minutes 00 seconds East, 23.00 feet to a point 60.90 feet left of the Proposed East Mall Access Road station 54+51.33; thence North 90 degrees 00 minutes 00 seconds East, 21.49 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 54+56.85; thence 13.57 feet along an arc to the right, having a radius of 480.87 feet, the chord of which is South 13 degrees 56 minutes 04 seconds West, 13.57 feet to a point. 40.00 feet left of the Proposed East Mall Access Road station 54+42.15; thence South 14 degrees 44 minutes 35 seconds West, 30.63 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 54+11.51; thence 73.86 feet along an arc to the right, having a radius of 114.50 feet, the chord of which is South 33 degrees 14 minutes 50 seconds West, 72.59 feet to the point of beginning. The above described parcel contains .026 acres (1,145 sq. ft .) . TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 99.46 feet left of the Proposed East Mall Access Road station 53+11.16; thence North 29 degrees 59 minutes 46 seconds West, 6.59 feet to a point 104.10 feet left of the Proposed East Mall Access Road station 53+15.84; thence North 75 degrees fJI�' 00 minutes 00 seconds West, 10.00 feet to a point 114.10 feet left of the Proposed East Mall Access Road station 53+15.88; thence North 15 degrees 00 minutes 00 seconds East, 15.00 feet to a point 114.03 feet left pf the Proposed East Mall Access Road station 53+30.88; thence South 75 degrees 00 minutes 00 seconds East, 40.60 feet to a point 73.44 feet left of the Proposed East Mall Access Road station 53+30.70; thence 32.66 feet along an arc to the right, having a radius of 114.50 feet, the chord of which is South 67 degrees 50 minutes 33 seconds West, 32.55 feet to the point of beginning. The above described parcel contains .012 acres (511 sq.ft.) . 759 EASEMENT PARCEL #20 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 114.10 feet left of the Proposed East Mall Access Road ptation 53+15.88; thence North 75 degrees 00 minutes 00 seconds West, 95.87 feet to a point,209.97 feet left of the Proposed East Mall Access Road station 53+16.31; thence South 83 degrees 53 minutes 33 seconds East, 97.04 feet to a point 114.03 feet left of the Proposed East Mall Access Road station 53+30.88; thence South 15 degrees 00 minutes 00 seconds West, 15.00 feet to the point of beginning. The above described parcel contains .017 acres (719 sq.ft.). 0) 760 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 114.03 feet left of the Proposed East Mall Access Road station 53+30.88; thence North 87 degrees 18 minutes 23 seconds East, 30.43 feet to a point 85.00 feet left of the Proposed East Mall Access Road station 53+40.00; thence North 41 degrees 18 minutes 29 seconds East, 22.36 feet to a point 75.00 feet left of the Proposed East Mall Access Road station 53+60.00; thence North 21 degrees 41 minutes 01 seconds East, 82.76 feet to a point 65.00 feet left of the Proposed East Mall Access Road station 54+42.15; thence North 4 degrees 01 minutes 49 seconds West, 85.98 feet to a point 85.00 feet left of the Proposed East Mall Access Road station 55+40.00; thence North 74 degrees 44 minutes 36 seconds West, 20.41 feet to a point 105.00 feet left of the Proposed East Mall Access Road station 55+45.00; thence North 2 degrees 03 minutes 15 seconds East, 19.96 feet to a point 105.00 feet left of the Proposed East Mall Access Road station 55+70.00; thence North 50 degrees 40 minutes 21 seconds East, 40.05 feet to a point 73.58 feet left of the Proposed East Mall Access Road station 56+00.00; thence South 0 degrees 00 minutes 00 seconds West, 129.65 feet to a point 60.90 feet left of the Proposed East Mall Access Road station 54+51.33; thence South 0 degrees 00 minutes 00 seconds East, 23.00 feet to a point 55.12 feet left of the Proposed East Mall Access Road station 54+28.01; thence 87.47 feet along an arc to the right, having a radius of 125.00 feet, the chord of which is South 20 degrees 02 minutes 48 seconds West, 85.70 feet to a point 63.04 feet left of the Proposed East Mall Access Road station 53+42.68; thence 15.88 feet along an arc to the right, having a radius of 114.50 feet, the chord of which is South 55 degrees 41 minutes 59 seconds West, 15.86 feet to a point 73.44 feet left of the Proposed East Mall Access Road station 53+30.70; thence North 75 degrees 00 minutes 00 seconds West, 40.60 feet to the point of beginning. The above described parcel contains .091 acres (3, 960 sq. ft.) . 761 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 56.46 feet left of the Proposed East Mall Access Road station 57+20.00; thence North 11 degrees 49 minutes 09 seconds West, 51.78 feet to a point 50.00 feet left of the Proposed East Mall Access Road station 57+77.26; thence North 89 degrees 59 minutes 36 seconds East, 10.61 feet to a point 40.16 feet left of the Proposed East Mall Access Road station 57+72.93; thence South 0 degrees 00 minutes 00 seconds East, 50.69 feet to the point of beginning. The above described parcel contains .00§ acres (269 sq. ft .) . C111 762 EASEMENT PARCEL #22 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 50.00 feet right of the Proposed East Mall Access Road station 57+55.13; thence South 90 degrees 00 minutes 00 seconds West, 10.63 feet to a point.' 40.00 feet right of the Proposed East Mall Access Road station 57+58.46; thence 255.13 feet along an arc to the left, having a radius of 560.87 feet, the chord of which is North 33 degrees 04 minutes 58 seconds West, 252.94 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 59+95.39; thence North 40 degrees 40 minutes 10 seconds East, 110.15 feet to a point 150.00 feet right of the Proposed East Mall Access Road station 60+00.19; thence South 43 degrees 52 minutes 53 seconds East, 64.62 feet to a point 150.00 feet right of the Proposed East Mall Access Road station 59+50.00; thence South 8 degrees 46 minutes 22 seconds East, 105.46 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 58+75.00; thence South 57 degrees 07 minutes 45 seconds West, 50.00 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 58+75.00; thence 131.37 feet along an arc to the right, having a radius of 570.87 feet, the chord of which is South 26 degrees 16 minutes 41 seconds East, 131.08 feet to the point of beginning. The above described parcel contains .338 acres (14,731 sq. ft.) . 763 764 TEMPORARY CONSTRUCTION EASEMENT The Property owned by Kentucky Oaks Mall Company is hereby described as follows: Beginning at a point 50.00 feet left of the Proposed East Mall Access Road station 57+77.26; thence 110.96 feet along an arc to the left, having a radius of 470.87 feet, the chord of which is North 28 degrees 52 minutes 12 seconds West, 110.70 feet to a point 50.00 feet left of the Proposed East Mall Access Road station 59+00.00; thence North 61 degrees 05 minutes 13 seconds West, 24.49 feet to a point 60.00 feet left of the Proposed East Mall Access Road station 59+25.00; thence North 52 degrees 04 minutes 37 seconds West, 56.22 feet to a point 70.00 feet left of the Proposed East Mall Access Road station 59+88.25; thence North 40 degrees 40 minutes 10 seconds East, 30.07 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 59+90.52; thence 200.49 feet along an arc to the right, having a radius of 480.87 feet, the chord of which is South 33 degrees 38 minutes 04 seconds East, 199.04 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 57+73.36; thence South 0 degrees 00 minutes 00 seconds East, .43 feet to a point 40.16 feet left of the Proposed East Mall Access Road station 57+72.93; thence South 89 degrees 59 minutes 36 seconds West, 10.61 feet to the point of beginning. The above described parcel contains .068 acres C111 (2,971 sq. ft .) . PARCEL #21 PERMANENT RIGHT OF WAY The property owned by Service Merchandise Company, Inc. is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 54+74.11; thence South 90 degrees 00 minutes 00 seconds West, 81.83 feet to a point 40.00 1 feet left of the Proposed East Mall Access Road station 54+56.85; thence 292.20 feet along an arc to the left, having a radius of 480.87 feet, the chord of which is North 4 degrees 16 minutes 57 seconds West, 287.73 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 57+73.36; thence North 0 degrees 00 minutes 00 seconds West, 14.57 feet to a point 34.42 feet left of the Proposed East Mall Access Road station 57+87.86; thence North 90 degrees 00 minutes 00 seconds East, 80.05 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 57+58.46; thence 306.18 feet along an arc to the right, having a radius'of 560.87 feet, the chord of which is South 4 degrees 24 minutes 44 seconds East, 302.40 feet to the point of beginning. The above described parcel contains .563 acres (24,518 sq. ft.) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 663 Page 395 in the office of the County Clerk of McCracken County, Kentucky. �V 765 EASEMENT PARCEL #21 TEMPORARY CONSTRUCTION EASEMENT The property owned by Service Merchandise Company, Inc. is hereby described as follows: Beginning at a point 50.00 feet right of the Proposed East Mall Access Road station 54+75.92; thence South 90 degrees 00 minutes 00 seconds West, 10.19 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 54+74.11; thence 306.18 feet along an arc to the left, having a radius of 560.87 feet, the chord of which is North 4 degrees 24 minutes 44 seconds West, 302.40 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 57+58.46; thence North 90 degrees 00 minutes 00 seconds East, 10.63 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 57+55.13; thence 306.01 feet along an arc to the right, having a radius of 570.87 feet, the chord of which is South 4 degrees 19 minutes 43 seconds East, 302.36 feet to the point of beginning. The above described parcel contains .070 acres (3,061 sq. ft .) . Beginning at a point 40.00 feet left of the Proposed East Mall Access Road station 54+56.85; thence South 90 degrees 00 minutes 00 seconds West, 21.49 feet to a point 60.90 feet left of the Proposed East Mall Access Road station 54+51.33; thence North 0 degrees 00 minutes 00 seconds East, 129.65 feet to a point 73.58 feet left of the Proposed East Mall Access Road station 56+00.00; thence North 0 degrees 00 minutes 00 seconds East, 106.16 feet to a point 56.46 feet left of the Proposed East Mall Access Road station 57+20.00; thence North 0 degrees 00 minutes 00 seconds East, 50.69 feet to a point 40.16 feet left of the Proposed East Mall Access Road station 57+72.93; thence North 0 degrees 00 minutes 00 seconds East, .43 feet to a point 40.00 feet left of the Proposed East Mall Access Road station 57+73.36; thence 292.20 feet along an arc to the right, having a radius of 480.87 feet, the chord of which is South 4 degrees 16 minutes 57 seconds East, 287.73 feet to the point of beginning. The above described parcel contains .168 acres (7,327 sq.ft.). 766 PARCEL #18 PERMANENT RIGHT OF WAY The property owned by Teachers Retirement System of the State of Kentucky - Leased to Wal-Mart Stores, Inc. - is hereby described as follows: Beginning at a point 40.00 feet right of the Proposed East Mall Access Road station 48+74.87; thence North 78 degrees 09 minutes 29 seconds West, 60.09 feet to a point 20.03 feet left of the Proposed East Mall Access Road station 48+72.17; thence North 15 degrees 00 minutes 00 seconds East, 357.13 feet to a point 18.23 feet left of the Proposed East Mall Access Road station 52+29.18; thence North 59 degrees 59 minutes 55 seconds East, 91.33 feet to a point 46.64 feet right of the Proposed East Mall Access Road station 52+93.47; thence South 78 degrees 09 minutes 29 seconds East, 53.43 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+96.18; thence South 14 degrees 44 minutes 35 seconds West, 58.28 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+37.89; thence North 75 degrees 13 minutes 08 seconds West, 40.00 feet to a point 60.00 feet right of the Proposed East Mall Access Road station 52+37.92; thence South 59 degrees 45 minutes 44 seconds West, 28.27 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 52+17.93; thence South 14 degrees 44 minutes 35 seconds West, 277.62 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 49+40.31; thence 65.22 feet along an arc to the left, having a radius of 11419.16 feet, the chord of which is South 14 degrees 34 minutes 46 seconds West, 65.22 feet to the point of beginning. The above described parcel contains .603 acres (26,258 sq. ft.) . Being a portion of the same tract of land conveyed to the Grantor by deed which is duly recorded in Deed Book 655 Page 349 in the office of the County Clerk of McCracken County, Kentucky. 767 M EASEMENT PARCEL #18 TEMPORARY CONSTRUCTION EASEMENT The property owned by Teachers Retirement System of the State of Kentucky - Leased to Wal-Mart Stores, Inc. - is hereby described as follows: Beginning at a point 113.40 feet right of the Proposed East Mall Access Road station 46+53.75; thence North 89 degrees 46 minutes 58 seconds West, 10.83 feet to a point 102.85 feet right of the Proposed East Mall Access Road station 46+51.27; thence North 0 degrees 00 minutes 01 seconds East, 229.14 feet to a point 47.97 feet right of the Proposed East Mall Access Road station 48+75.22; thence North 78 degrees 09 minutes 29 seconds West, 7.98 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 48+74.87; thence 65.22 feet along an arc to the right, having a radius of 11419.16 feet, the chord of which is North 14 degrees 34 minutes 46 seconds East, 65.22 feet to a point 40.00 feet right of the Proposed East Mall Access'Road station 49+40.31; thence North 14 degrees 44 minutes 35 seconds East, 277.62 feet to a point 40.00 feet right of the Proposed East Mall Access Road station 52+17.93; thence North 59 degrees 45 minutes 44 seconds East, 28.27 feet to a point 60.00 feet right of the Proposed East Mall Access Road station 52+37.92; thence South 75 degrees 13 minutes 08 seconds East, 40.00 feet to a point 100.00 feet right of the Proposed East The above described parcel contains .306 acres (13,317 sq.ft.). Mall Access Road station 52+37.89; thence North 14 degrees 44 minutes 35 seconds East, 58.28 feet to a point 100.00 feet right of the Proposed East Mall Access Road station 52+96.18; thence South 78 degrees 09 minutes 29 seconds East, 15.02 feet to a point 115.00 feet right of the Proposed East Mall Access Road station 52+96.94; thence South 14 degrees 44 minutes 35 seconds West, 71.94 feet to a point 115.00 feet right of the Proposed East Mall Access Road station 52+25.00; thence South 50 degrees 59 minutes 49 seconds West, 93.01 feet to a point 60.00 feet right of the Proposed East Mall Access Road station 51+50.00; thence South 26 degrees 03 minutes 11 seconds West, 50.99 feet to a point 50.00 feet right of the Proposed East Mall Access Road station 51+00.00; thence South 12 degrees 56 minutes 59 seconds West, 159.76 feet to a point 55.00 feet right of the Proposed East Mall Access Road station 49+40.31; thence South 5 degrees 15 minutes 17 seconds West, 30.57 feet to a point 60.00 feet right pf the Proposed East Mall Access Road station 49+10.00; thence South 0 degrees 59 minutes 19 seconds West, 244.43 feet to a point 115.00 feet right of the Proposed East Mall Access Road station 46+70.00; thence South 19 degrees 02 minutes 00 seconds West, 16.17 feet to the point of beginning. The above described parcel contains .306 acres (13,317 sq.ft.).