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HomeMy WebLinkAboutOrdinances Book 13, Page 705, No Resolution Number705 A RESOLUTION PROVIDIPIG FOR THE GRANTING OF A PERPiIT TO A. L. RILEY AND WIFE, GEORGIA H. RILEY; JAIiES A. CURTIS AND WIFE, SUE M. CURTIS, AND ALE_'{AIdDER M. TUHOLSKY AND :9IFE, LOIS S. TUHOLSKY, TO CONNECT A PRIVATE SEVIER FROM LOTS NOS. 1, 2, 3, 4, 5, 6 AMID 7 IN BLOCK "A" OF SUNSET COURT ADDITION TO PADUCAH, KENTUCKY, TO WHAT IS KNOWN AS THE ED:1IIN P. HAVIKINS 24 -INCH SEVIER LINE; PRESCRIBING THE TEEMS AND CONDITIONS OF SUCH PER,11T AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEI,1ENT CONTAINING THE TERES AND CONDITIONS OF THE GRANTING OF SUCH PERIa T BE IT RESOLVED BY THE BOARD OF COI�2'+IISSIOHERS Or THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Eayor and City Clerk be authorized to enter into and execute, for and on behalf of the City of Paducah, Kentucky, an agreement with each of the above named persons, said agreement providing for the granting of a certain sewer connection permit, and to be in words and figures as follows, to -wit: "THIS AGREE1w;Eib1T, made and entered into by and between A. L. Riley and wife, Georgia H. Riley; James A. Curtis and wife, Sue hi. Curtis; and Alexander i•i. Tuholsky and wife, Lois S. Tuholsky, herein= after referred to as the "Licensees", parties of the first part and the City of Paducah, Kentucky, hereinafter referred to as the "City", party of the second part; W I T NES S E T H: "THAT WHEREAS, the herein Licensees, A. L. Riley and wife, Georgia H. Riley, are the owners of Lots 6, 7 and 10 feet off of the west side of Lot No. 5 in Block "A" in Sunset Court Subdivision to Paducah, Kentucky, as shoran by plat of same of record in Plat Book "A", pages 244 and 245 in the McCracken County Court Clerk's office; and WHEREAS, the herein Licensees, James A. Curtis and wife, Sue Id. Curtis, are the owners of Lots 3, 4 and 15 feet off of the east side of Lot No. 5 in the aforesaid block and subdivision; and WHEREAS, the Licensees, Alexander M. Tuholsky and ;,rife, Lois S. Tuholsky, are the owners of Lots 1 and 2 in said block and said subdivision; all of same now being situated within the corporate limits of the City of Paducah, Kentucky' and WHEREAS, the Licensees are the owners of other land in said block of said subdivision situated at the rear of the above described lots, which property is just outside the present corporate limits of the City of Paducah, Kentucky, such property so owned by the Licensees being as follows: 706 The Licensees A. L. Riley and wife are the owners of Lots 42, 43 and 10 feet off of the west side of Lot 41 in the aforesaid block of the aforesaid subdivision; the Licensees, James A. Curtis and wife are the owners of Lots 39, 1;0 and 15 feet off of the east side of Lot 41 in the aforesaid block of the aforesaid subdivision, and the Licensees, Alexander Td. Tuholsky and wife are the owners of Lots 37 and 38 in the aforesaid block of the aforesaid subdivision, and 1JHEREAS, said Licensees have requested permission of the Board of Commissioners of the City of Paducah, Kentucky for permit to connect a 6" vitrified clay pipe private sewer line from three (3) residences upon the aforesaid lots situated within the city to be connected to an 811 vitrified clay pipe running across the aforesaid property situated outside of the City to a point near the intersection of 40th Street and Hillcrest Avenue at the end of a 24" sewer known as the "Edwrin P. Hawkins Sewer." As consideration for the granting of such permit the Licensees agree as follows: (1) That the entire expense of constructing and main- taining such private sewer line shall be paid by them and the City shall not assume any responsibility whatever for the maintenance of said sewer line or for furnishing any sewage service.by reason of any stoppage, inadequacy or state of repair of either said private sewer lines or the aforesaid Edwin P. Hawkins sewer line. (2) In the event the City shall hereafter levy an assessment under Kentucky Revised Statutes for the construction of permanent sewers to serve any of the aforesaid property of Licensees and other adjacent property in the same vicinity at the cost of the owners of such property to be benefitted thereby, the Licensees hereby agree and bind themselves, their heirs and assigns, that the City shall have a lien as provided by Kentucky Revised Statutes upon their lands for the payment of the respective proportionate part of any assessment so levied, and that they do and will waive any statutory or other defense that they may have to any suit for the collection of the assessment so levied, which agreement is to be construed and con- sidered as a covenant running with the hereinbefore described lands. (3) Only three residences now owned by the Licensees and situated on the hereinbefore described lots situated within the city limits are to be served by the aforesaid private sewer lines, and in the event they or any other person or persons should cause an 707 additional residence or residences to be connected to said private sewer line, then this agreement shall be null and void and of no effect whatsoever. Subject to the above terms, conditions and agreements, the City hereby grants to the Licensees a permit to connect such private sewer lines as aforesaid to the aforesaid Edwin P. Hawkins sewer line to the full extent to which it is by law permitted to grant but no further. IN TESTIMONY 1,11HEREOF, the parties have hereto subscribed their hands on this the day of 1957. ATTEST: City L erk STATE OF KENTUCKY ) j Sct COUNTY OF I',1cCRACKEN I, CITY OF PADUCAH, KENTUCKY By Mayor , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing agreement was this day produced to me in my aforesaid County and State and was then and there acknowledged before me by A. L. Riley and wife, Georgia H. Riley; James A. Curtis and wife, Due P•I. Curtis and Alexander M. Tuholsky and wife, Lois S. Tuholsky to be their separate act and deed for the purposes therein contained, and was at the same time and place acknowledged before me by George G. Jacobs, Mayor of the City of Paducah, Kentucky, to be his act and deed as such and to be the act and deed of the City of Paducah, all of which was done in due form of law. My Commission will expire on the day of 19 Given under my hand and seal on this the _ day Of___1957. —FT otary�ub ic, :1cl,rac en Co. Ky. 708 SECTION 2, This Resolution shall be in full force and effect from and after its adoption. i iay Passed by the Board of Commissioners March 30, 1957 Recorded by Sarah Thurman, City Clerk, March 30, 1957.