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HomeMy WebLinkAboutOrdinances Book 14, Page 225, No Ordinance NumberAN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF PADUCAH, A CONTRACT AND AGREEMENT BETWEEN COUNTRY CLUB TERRACE OF PADUCAH, INC. AND OTHER OWNERS OF LAND IN COUNTRY CLUB TERRACE ADDITION NEAR PADUCAH, KEITUCKY; SETTING FORTH SUCH CONTRACT AND AGREEMENT IN FIORDS AND FIGURES, -AND PROVIDING THE CONDITIONS UNDER WHICH SPOIE SHALL BE EXECUTED ON BEHALF OF THE CITY BE IT ORDAINED BY THE BOARD OF COIllIISSIONERS OF THE CITY OF PADUCAH, IENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized to execute on behalf of the City, a contract and agreememt between Country Club Terrace of Paducah, Inc, and others, and the City of Paducah, which contract is in words and figures as follows: THIS CONTRACT AND AGREEMENT made and entered into on this the _ day of March, 1960 by and between COUNTRY CLUB TERRACE OF PADUCAH, INCORPO- RATED, a corporation organized and existing under the laws of the State of Kentucky, with its principal office and place of business in Paducah, Kentucky; and LESLIE FEAST and wife, LUCILLE FEAST; THEODORE W. KOSS and wife, NELL KOSS; ROBERT W. LEVIN and wife, VIOLET C. LEVIN; EDWARD E. HOUGH and wife, BARBARA N. HOUGH; EVERETT L. CRAYCRAFT, JR. and wife, ANNA YOUNG CRAYCRAFT; and DAVID M. STANLEY and wife, KATHERINE C. STANLEY of the County of McCracken and State of Kentucky:,. parties of the first part, and THE CITY OF PADUCAH, IENTUCKY, a municipal corporation of the second class, party of the second part, W I T N E S S E T H That Whereas, the parties of the first part are the owners of certain property in Mccracken County, Kentucky, described as follows: Being what is known as Country Club Terrace Addition as shown by plat of same recorded in Plat Book F, page 40 in the McCracken County Court Clerk's Office and bounded on the north by Phillips Avenue, on the East by Bellevue Drive, bounded on the South by the Pines Road and bounded on the west by the Abell, Washburn and Houghland properties; and being the same land conveyed to Country Club Terrace of Paducah, Incorporated by Hal Brown et al by deed dated December 9, 1958 and of record in Deed Book 403, page $6 in the McCracken County Court Clerk's Office. The ownership of such property by the parties of the first part is as follows: Leslie Feast and vrife, Lucille Feast are the or¢ners of Lot Number 1 and the East one-half of Lot Number 2 in Block B which was donveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated February 23, 1959 and of record in Deed Book 403, page 89 in the aforesaid Clerkts office. 225 i 226 Theodore W. Koss and wife, Nell Koss are the owners of Lot Number in Block B which was conveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated April 23, 1959 and of record in Deed Book 404, page 361 in the aforesaid Clerk's Office. Robert W. Levin and wife, Violet C. Levin are the owners of the West one-half of Lot Number 2 in Block B which was conveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated August 8, 1959 and of record in Deed Book 408, page 207 in the aforesaid Clerk's Office. Edward E. Hough and wife, Barbara N. Hough are the ovmers of Lot Number 4 in Block B which was conveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated October 22, 1959 and of record in Deed Book 410, page 16 in the aforesaid Clerk's Office. Everett L. Craycraft, Jr. and wife, Anna Young Craycraft are the owners of Lot Number 3 in Block E which was conveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated December 30, 1959 and of record in Deed Book 412, page 429 in the aforesaid Clerk's Office. David M. Stanley and wife, Katherine C. Stanley are the owners of Lot Number 10 in Block E which was conveyed to them by Country Club Terrace of Paducah, Incorporated by deed dated October 24, 1959 and of record in Deed Book 410, page 421 in the aforesaid Clerk's Office. Country Club Terrace of Paducah, Incorporated is the owner of the remaining part of said tract of land above described. Country Club Terrace of Paducah, Incorporated (hereinafter feferred to as the corporation) is desirous of constructing a system of sewers and sewer laterals on a certain portion of the above property for 'the benefit of itself, its assigns and for the benefit of the other parties of the first part and their heirs and assigns; and the corporation desires to connect said system of sewers to a present eight inch sewer of party of the second part (hereinafter referred to as the city) situated on Pines Road and extending to a point East of 36th Street; and to do so it is necessary that i such eight inch sewer line of the city be extended Westwardly on the Pines Road outside the corporate limits of the city. i On March 11, 1960 McCracken County, Kentucky by and through its Fiscal Court executed to the city a sewer line easement in, under and through a certain portion of the Pines Road described as follows: A strip of ground 20 feet in width, the center line of said strip being 20 feet south of the north property line of Pines Road and/ extending from the present city limits to a point 345 feet west of the west property line of Hillgate Road. Said easement is of record in Deed Book , page _ in the aforesaid Clerk's Office. 227 The corporation desires to construct an eight inch sewer along said right of way for the purpose of serving the sewer and sewer lateral system proposed to be constructed by it on a certain portion of the aforesaid described property and desires to connect same to the above mentioned existing city sewer on the Pihes Road. In consideration of the granting by the city for the construction of such sewer to be connected to its present sewer on Pines Road for the use and benefit of the parties of the first part, their heirs and assigns, the parties of the first part covenant and bind themselves and their heirs and assigns as follows: 1. Before such eight inch sewer is constructed on the Pines Road and connected to the present sewer o f the city, the corporation shall cause plans and specifications to be prepared for such sewer, and the sewer system proposed to be installed in the aforesaid property and shall secure the approval of same by Kentucky Water Pollution Control Commission and the City Engineer. 2. Before any construction work in connection with said sewer is done on the Pines Road, the corporation will secure for itself and.or its agents and employees, insurance indemnifying the city and the McCracken County Fiscal Court against claims for injury to persons and property in the following amounts: 820,000.00 for injuries to one person, ;)100,000.00 for injuries to more than one person, ,)10,000.00 for damage to property; and shall secure and provide a bond for the restoration of the Pines Road to its present condition; and such insurance policy or policies and such bond shall be approved by the aforesaid McCracken County Fiscal Court and the Board of Commissioners of the City of Paducah before such work is started. 3. The sewer system to be constructed by the corporation in the afore- said property shall be constructed to serve only the following locations: Hillgate Road, Ferncliff Court, Bellbue Drive to Primrose Place and Primrose Place from Bellvue Drive to a point 720 feet west of Bellvue Drive. 4. It is contemplated that future expansion of the city and its sewer facilities will necessitate the discontinuance of certain use of the afore- said Pines Road sewer of the city and in such event the corporation at its own expense is to connect its sewer system to the system serving the aforesaid property and discontinue the use of the Pines Road sower within six (6) months after a new sewer line is constructed to reach the aforesaid property. 5. No connection to the Pines Road sewer constructed along the afore- said easement shall be made except to serve property in Country Club 22$ Terrace Addition without the adoption of an ordinance by the Board of Commissioners of the city authorizing such connection. No connection is to be made to the sewer system to be constructed in said addition to any property outside such addition without the adoption of an ordinance by the Board of Commissioners of the city authorizing such connection. 6. The sewer system to be constructed by the corporation is to be only used for sanitary sewerage purposes and no storm or surface water is to be diverted into the system at any point. 7. None of the system is to be used by the owner or occupant of any residence until all trunk lines in the system have been completed. 8. Upon completion of that part of the sewer system in the Pines Road, such part will be immediately conveyed by the corporation to the city. 9. At such time in the future as the herein property should be annexed by the city, the corporation upon request of the city shall convey the remainder of the system including all laterals to the city. 10. For the privilege of obtaining the sewer service provided for herein, each of the parties of the first part do hereby covenant, agree and bind themselves, their heirs and assigns, that they will not protest or resist any present or future proceedings of the city to annex the herein property and such agreement shall be a covenant running with the land. 11. The owner or occupant of each residence shall pay to the city the sum of `,?50.00 per year in advance as rental for the use of the city sanitary sewer facilities until such time as such residence should be annexed to the city, at which time such annual rental will be discontinued and the regular sewer use charge as fixed by the city will apply at the expiration of the paid up rental year. 12. The privilege granted parties of the first part herein by the city for the use of its sanitary sewage facilities is only permissive and upon violation of amy of the herein terms and conditions by the parties of the first part or any of them or their successors in title, the city may cancel and withdraw such privilege and cause such sewer system of parties of the first part to be disconnected from the city sewer system. However, before such cancellation shall be effective, the city shall give the parties of the first part or their successors in title six months notice of such action. 13. The terms and conditions agreed to herein by the parties of the first part and the consideration to the city for Yheir use of the city sanitary sewage facilities and such use as granted herein by the city is theconsideration to said parties for their agreement to said terms and conditions. 229 IN TESTIMONY WHEREOF all parties have hereunto set their hands on this the day and year first above written. COUNTRY CLUB TERRACE OF PADUCAH, INCORPORM By President Seal attached and attested by Secretary Leslie Feast Lucille Feast Theodore W. Koss Vell Koss Obert W. Levin Violet C. Levin Edward E. Hough Barbara N. Hough Everette L. Craycraft, Jr. Anna Young Craycraft David M. Stanley Katherine C. Stanley CITY OF PADUCAH, KENTUCKY By Mayor Seal attached and attested by 7i-t-y-7lerk STATE OF KENTUCKY SCT COUNTY OF McCRACKEN I, 'a Notary Public in and for the County an tate aforesaid do hereby certify that the foregoing instru- ment was this day presented to me in my said county and state anlwas then and there acknowledged before me by Edward E. Hugh, President of Country Club Terrace of Paducah, Incorporated to be his act and deed as such and to be the act and deed of said Country Club Terrace of Paducah, Incorporated for the purposes therein mentioned; and was at the same time and place acknowledged before me by Leslie Feast and wife, Lucille Feast, Theodore W. Koss and wife, Nell Koss, Robert 111. Levin and wife, Violet C. Levin, Edward E. Hough and wife, Barbara N. Hough, Everett L. Craycraft, Jr. and wife Anna Young Craycraft and David M. Stanley and wife, Katherine C. Stanley to be their separate act and deed for the purposes therein stated and all done in due form of law. 230 My Commission as a Notary Public will expire on the day of ,19 Given under my hand and seal; this the _ day of 1.4arch, 1960. STATE OF KENTUCKY SCT COUNTY OF hoc CRACI EN notary Public McCracken County, Kentucky I,, a Notary Public in and for the County and tate aforesaid o ereby certify that the foregoing instr ment was this day presented to me in my said county and state and was then and there acknowledged before me by Robert C. Cherry, Mayor of the City of Paducah to be his act and deed as such, and to be the act and deed of the City of Paducah for the purposes therein mentioned and all done in due form of law. Icy Commission as a Notary Public -•rill expire on the day of 19 Given under my ha-n-T—and�seal; this the day of Karch, 1960. Hotary u is McCracken County, Kentucky SECTION 2. The Mayor and City Clerk shall not execute such contract on behalf of the City until after it has been properly executed by all other parties thereto. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. T'laay or Passed by the Board of Commissioners March 22, 1960 Recorded by Sarah Thurman, City Clerk, March 22, 1960.