HomeMy WebLinkAboutOrdinances Book 10, Page 15, No Resolution Number?a„o 15 IV---
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SUBJECT TO CE:;T'.-- .,_TECTS `7 _R&1uh......._ ..=.S I:, -- CLOUDS ,..
TITLL TO CAI! 2MAnd'f"i AS i 7SCLOS_.L L C L :;hCWS I_; TS. -
0 TICE 02 WE CCU.:= ,OLiiT _ YOG"AC= PWTY COU NT-
'.:'_}iZ E, the City of 2alucah desires to obtain and procure
an easement, ri ht -o -•ray and permanent a.nd te_:porapy rqAt to use,
Occupy an•.1 Possess certain real estate or:ae.:_ b, _.=._'ook and fleury
T. Turner in concoction with the erect' -on ..._.. ...__nte_?ancc of a i
or flood Protection •,-all in Section _ fOr _?rotection of 1-'-,e c'_t
of Palucah, its citizens, Pro Ort:cs „_ o in the Count; of
"cCracter and Ctate O: Kentucky; and, _
:: ah"S, s. -o oTaers of said proyMy have ajrc& to sell
n.0 convey tnc ,.ane to the City of 'auncah, but :.', ,.._.-.cih..__J `pec al
;ounsel employed by said city to examine and a?rove titled to real
estate for the purposes hereinabove set out, has submitted to the Ward
of Commissioners a letter dated ,;anuary 12th, stating in said letter
that the title to the tract or parcel of land owned by the bald E.S.
'look and -.._ Turner is defective for the following 'Moons:
1. _--..:n at Mae S of the abstract, the captionN.
tree __ 1012 by Buz n„leton. e
PriO 1 1720 for or _ ;e his
is G 1 ted 1 .^
will, r be "all notes, e
' 7,,
shall u e
ed o �cutor � o
3y the l" article Of 11, he no Lec cL. o � .
and requested "thea to construe it (h-_ nil;) liberally",
In order to carry out his wishes the uAecu.tors qualified
and under date of ;'arch 27, 1920, shown at page 12 of the
abstract, they conveyed the so-called Hooks Park property
to Jack F. Heath and George Goheen. There is considerable
doubt in my mind as to whether or not the sale of t'r.'s pro _
erty was authorized by the will, ',.:Zorn at page 13 on Q_
abstract in the property (evidently the interest '.
under the deed aLove referred to) to _.-,'rook. - e -°ve
a lien to secure payment of the Purchan, .none, :i1e
is released ?,:arch n, 193S. That relcar , ,
nighed in connection with t'_, r-
,_.-ba•ou;ht in January r `.i Or Of '':e
1001 '' a is
abstract.
2 1025
'r
of jaQ
at , hrnb nt _ c _o:
An
.. 1
An-Wou, in - i _ _
71�
nale n2
,•ogled �._ -o_
16.
par•ently purchased the property and _no.1 . one-half purchase
e c - mo ..curt. '__DWever, _as not obtained although
sole rens had and co_ifi 02C until 1937. Through
t' ir action an Mont was to na'_o the .. irs Of dac'.c
parties defendant. it Wes not appear- the. abstract
My were pro Erly befog the Court antinvcmuch as they
;_iacr the disabllt - of infancy a�_u thvt one of l �,cm was
uAloy lability oflunacy, I very Mc'n Coult '- he
jra_ 7:it ly in nntisfactory'7.'1C, ._._ 1 t:htl V onsome
A-n�rcAtly 1. .
- ;'
_ -^ct, '1Q _ _ . -
,e lunatic ,.c: 172 00
` , oes ... .,,
_ ;cls e u Q V12 . , - t o` L .. 71n !:Mn estate is r 5n -
`l ted or -^ .:_^_t of ±0 estate is COL.'. _ . te,
-a tcc ncn, it o ._ re is more
ol of KAK?n r:oul rue.
3. on pages 21 and 33 ay)r ar cais cats or pervits
in favor of the Cot,` ,arn 2ell _FInnhono and Tele,,rapa Company
for right of xray. Vino descriptions in these easements are not
susceptible to interpretation and I thin-: they may be disre-
garded.
4. All of the record descriptions of the property
are questionable in that the be- -n__ _;::int in the deed is
not appar.entlylsusceptible to the exact location, but the
property is well bounded and I t:!nk there is no question of
its identity.
AND, W EAS, it is the recorvrnendation and opinion of LT.
F. :"c"urry that in vier; of the very small portion of property of the
said 3._.Mook and Henry F. Turner being acquired for the purposes hercin-
above stated that the city should, as a practical matter, accept the
conveyance of tie riZht of way accor-,.in' to the description thereof
as prepared by the United States 3n ineers, subject to the defects
and irroEularities mentioned above, 1d0:,, ___;_'3D?GRD,
__ IT RESOLVE 31 THE BOARD 0_ CO,i.:ISSIOi•!L'RS 0? 1fhE
CIT 0= 'DAD!:CA-T, K ;:TL'C`ra:
SECTIOiJ 1.
That the City of Paducah accept from B.B.'_'_ook and newsy
F. Turner a deed to that tract or parcel of land owned by 'them and
required for use in connection with the construction of a sca-:tall
or flood protection wa 1 in Section "A" as shoran by plat of said
rea-mall or flood protection wall on file in the office of the C'ty
"anaDer of ?adnca'n, Kentucl -, , a.nci in the o _'face of the i nit'ed States
,inecrs in Padreah, Kentucky, said decd to be accented subject to the
defects and irrelilarities in and the clouds upon the title to said real
estate rc orted by the said .:'c:furry and as described above.
0 17
SECTIOIT 3.
Th_s resolution shall be in full force and effect from andl
after its adoption.
:ayOr
Passed by the -_oard of7, �e'c. &til, 1C39
ecorded b-udSteviar, 'eb. 7th,
l��D.