HomeMy WebLinkAboutOrdinances Book 13, Page 936, No Resolution NumberA RESOLUTION AUTHORIZING THE DriAYOR AND CITY CLERIC OF THE
CITY OF PADUCAH, ItENTUCKY, TO ENTER INTO -A CONTRACT BETWEEN THE
CITY AND CARL W. MARQUESS AND HIS WIFE, MARY HELEN MARQUESS, FOR
PERMISSION TO CONSTRUCT A PRIVATE SEWER LINE CONNECTION, AND PRESCR'
THE TERMIS, COVENANTS AND CONDITIONS OF SUCH CONTRACT AI4D AGREEMENT
BE I^1 RESOLVED BY THE BOARD OF CO?-SIISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the Mayor and City Clerk be, and they are
hereby, authorized to enter into and execute, on behalf of the City
of Paducah, ICentucky, a contract and agreement between the City and
Carl W. Marquess and his wife, Mary Helen Marquess, providing for
permission to construct a private sewer line, to be in words and
figures as follows:
"THIS CONTRACT AND AGREEMENT, made and entered into on this
the day of ` 1958, by and between Carl W. Marquess and
I
his wife, Diary Helen Marquess, parties of the first part, and the
City of Paducah, Kentucky, party of the second part;
WI ^1 NESSETH:
"THAT WHEREAS, the parties of the first part are the owners
of Lots Nos. 5, 6, 7 and part of Lot No. o in Block 1B4 in Sunset Court
Subdivision, a plat of which is of record in Plat Book *A4, pages 244
and 245 in the McCracken County Court Clerkts office, which land
was conveyed to the parties of the first part by B. H. Green and
wife, Pauline Green, by deed dated April 11, 1955 and of record in
Deed Book 394, page 254 in the aforesaid Clerkts office, said land
being situated outside but near the corporate limits of the City of
Paducah, and
"WHEREAS, parties of the first part are desirous of constructing
a residence on said land and are desirous to obtain permission to
connect to a certain sewer situated on Hillcrest Avenue in such suh-
division, and which sewer feeds into a city sewer at the nearby city
limit line.
"Now, for and in consideration of the following terms,
covenants and conditions, the parties of the first part are granted
a license and permission to connect to said sewer, which terms,
covenants and conditions are as follows:
111. After such connection is made the parties of the first
part will pay an annual rental to the party of the secpnd part in the
amount of •;50.00 per year, payable in advance.
"2. The entire expense of constructing and maintaining such
sewer line extension shall be paid by parties of the first- part and
the party of the second part does not assume any responsibility for
the maintenance of said sewer line extension or for furnishing any
sewer service by reason of any stoppage in the city sewer or in any
extension thereof or because of any other reason/
°3. That in the event the aforesaid land of parties of the
first part should be sought to be annexed by the City of Paducah, said
parties of the first part will not object to such annexation, and agree
for themselves, their heirs and assigns that no objections will be made
for the annexation of said land.
"4. That in the event such land is annexed by the City and a
permanent sewer is constructed to serve such land and/or any adjacent
or adjoining land, the parties of the first part do hereby bind them-
selves, their heirs and assigns that the cost of construction of such
sewer shall be paid by them upon the same basis as charged to other
land owners in such annexed territory; and parties of the first part
do hereby covenant and bind themselves, their heirs and assigns to
forfeit and surrender the right to use the aforesaid private sewer
line within 90 days after the completion of said permanent sewer line
and shall waive any damage or claim of damage that might arise due to
the loss of usage of said private sewer line during construction of the
aforesaid permanent sewer line.
"5. That the use of said private sewer connection is
permissive only and the parties of the first part agree for themselves,
their heirs and assigns, that the party of the second part shall have
the right at its option to withdraw and cancel the privileges granted
under this contract and agreement by giving written notice of the
withdrawal and termination of this permit, which notice shall be
given at least 90 days prior to the terminatan of any rental year.
IN TESTIMONY WHEREOF, the parties hereto have hereunto set
their hands on this the day and year first above written.
CITY OF PADUCAH, KENTUCKY
Seal Attached and
Attested by
By
i•9ayor
City Clerk
937
938
STATE OF KENTUCKY )
( Sct
COUNTY OF McCRACKEN )
a Notary Public, in and for
the State and County aforesaid, do hereby certify that the foregoing
Contract and Agreement was this day produced to me in my said County
and State and was then and there acknowledged before me by Carl W.
Marquess and his wife, Mary Helen Marquess, to be their separate
act and deed for the purposes therein mentioned, and was also
acknowledged before me at the same time and place 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 Ci#ry of Paducah, Kentucky for the
purposes therein mentioned, and all of which was done in due form of
law.
1958.
My Commission will expire on the _ day of 19__
Given under my hand and seal on this the _ day of
i'.otary Public, 1•1cCrac ken County, {y.
SECTIOhT 2. This Resolution shall be in full force and effect
from and after its adoption.
. i• -ay
Passed by the Board of Commissioners July 22, 1958
Recorded by Sarah Thurman, City Clerk, July 22, 1958