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Home My WebLink About2019-08-8588ORDINANCE NO. 2019-8-8588 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY FOR AN AREA LOCATED BETWEEN HANSEN ROAD AND PECAN DRIVE IN ORDER TO ALLOW FOR THE CONNECTION OF AN EXISTING SANITARY SEWER INTERCEPTOR LINE TO A WET WEATHER TANK BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Sanitary Sewer Easement and Temporary Construction Easement between the City of Paducah and Paducah McCracken County Joint Sewer Agency, as attached hereto and made part hereof, Exhibit 1, for and in consideration of One dollar and no cents ($1.00) for an area located between Hansen Road and Pecan Drive, and being more particularly described as follows: SANITARY SEWER EASEMENT A strip of land 30 feet in width, lying adjacent to and parallel with the Grantor's north property line as further described below: Being a 30 foot wide sanitary sewer easement as shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated August 30, 2010, as recorded in Deed Book 1195, Page 33, in the McCracken County Clerk's Office. TEMPORARY CONSTRUCTION EASEMENT Being a 10 foot wide temporary construction easement immediately adjacent to the sanitary sewer easement as shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated August 30, 2010, as recorded in Deed Book 1195, Page 33, in the McCracken County Clerk's Office. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Brandi Harless, Mayor ATTE, T: L.� QUA mdsay Parish, i Cleric Introduced by the Board of Commissioners, August 13, 2019 Adopted by the Board of Commissioners, August 27, 2019 Recorded by Lindsay Parish, City Clerk, August 27, 2019 Published by The Paducah Sun, August 30, 2019 \ord\Sanitary Sewer and Temporary Construction Easement Joint Sewer Agency JSA Exhibit 1 SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT made and entered into on this the day of 2019, by and between CITY OF PADUCAH, a Municipal Corporation of the Home Rule Class, P.O. Box 2267, Paducah, Kentucky, 42002-2267, hereinafter called "Grantor(s)"(whether one or more), whose in -care -of address to which the current tax bill for the tax year of 2019, may be sent to City of Paducah, P.O. Box 2267, Paducah, KY 42002-2267, and the PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY, 621 Northview Street, Paducah, KY 42001, hereinafter called "Grantee"; WITNESSETH: That for and in consideration of One dollar and no cents ($1.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor(s) do by these presents grant, bargain, sell, transfer, and convey unto Grantee, its successors and assigns, a perpetual sanitary sewer easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove any and all lines, mains, drains and appurtenances for the improvement of a sanitary sewer with all rights of ingress and egress over and across real property owned by the Grantor(s) in McCracken County, Kentucky. Said perpetual sanitary sewer easement shall be described as follows: SANITARY SEWER EASEMENT A strip of land 30 feet in width, lying adjacent to and parallel with the Grantor's north property line as further described below: Being a 30 foot wide sanitary sewer easement as shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated August 30, 2010, as recorded in Deed Book 1195, Page 33, in the McCracken County Clerk's Office. The grant of this easement is subject to existing easements for roads and other utilities. Grantee shall, at its expense, repair all damage and surface damage to Grantor(s)' property occasioned by the construction of the sanitary sewer lines, mains, drains, and appurtenances, and by its use of the easement areas and occurring within one year of completion of installation of the sanitary sewer referred to herein, including, but not limited to grading, filling, compacting, leveling, sodding, and seeding as may be reasonably required to mitigate erosion as mutually agreed upon by both Grantor and Grantee. In consideration of the aforementioned premises, Grantor(s) also grant, bargain, sell, transfer and convey unto Grantee, a temporary construction easement with the right to use same for all purposes necessary, proper, and convenient in the construction of the sanitary sewer lines, mains, drains and appurtenances. Said temporary construction easements shall be described as follows: TEMPORARY CONSTRUCTION EASEMENT Being a 10 foot wide temporary construction easement immediately adjacent to the sanitary sewer easement as shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated August 30, 2010, as recorded in Deed Book 1195, Page 33, in the McCracken County Clerk's Office. This temporary construction easement shall be in force during the construction period of the sanitary sewer lines, mains, drains and appurtenances and at the completion of the public improvements, said temporary easements shall terminate and the land shall revert to the Grantor(s) and all interest conveyed herein shall cease. The aforesaid sanitary sewer easements are perpetual and shall remain in full force and effect unless formally terminated in writing by Grantee. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements to the Grantee, its successors and assigns forever, with covenant of General Warranty. IN WITNESS WHEREOF, the Grantor(s) and Grantee(s) have executed this instrument on the date first above written. GRANTOR(S): Xff"i32VANIeLKJ lI TITLE: COMMONWEALTH OF KENTUCKY COUNTY OF GRANTEE(S): PADUCAH McCRACKEN COUNTY JOINT SEWER AGENCY TITLE: I, , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by (name), (fitle), an authorized agent for the City of Paducah, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission expires: WITNESS my hand and notarial seal on this the day of COMMONWEALTH OF KENTUCKY COUNTY OF Notary Public, State at Large Notary ID# 20_ a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by (name), (title), an authorized agent for the Paducah -McCracken County Joint Sewer Agency, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission expires: WITNESS my hand and notarial seal on this the _ day of , 20. Notary Public, State at Large Notary ID# This instrument was prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, Kentucky 42002-0969 Exhibit A �f t /rJ Parcel ID, 086-20-00420 Hanson Road y City ofPaducah ° f 30' PERMANENT r/ Paducah, Ky. 42001 k Deed Book WA w EASEMENT / Page WA 1 PROPOSED �J1 SANITARY MANHOLE 10'TEMPORARY CONSTRUCTION' EASEMENT J r f I J PROPOSED 24" SANITARY Y' SEWER P/L ; r 1 Parcel ID: 086-20-00-019.02 Parcel ID: 086-221 ``'�--r Hanson Road 4231 Hansonn RoadRoad i 1 Paducah -McCracken Joint Clements, Robert E Farriy Trust / ,Sewer Agency Clements, Norita T. Trustee J 1615 Stvnmit (hive f Cclurrtws, Georgia 319066 r Deed Book 1154, y Deed Page 733 i og7kao engineering I architecture I geospofti 0 10' 21Y 40' 60' 44-E4ry J:VVE4 City of Paducah PHOPFFIY MOREBfi: Hanson Road C BOCK' PACS NO. PM N . 1195/33 086-20-00-020 Perkins -Crooked Creek Wet Weather Storage Facility urw Pw.ccr w.: 6n� 4744 May 9, 2019