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HomeMy WebLinkAboutOrdinances Book 14, Page 753, No Resolution Number753 I_ --- A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF PADUCAH, KENTUCKY, TO ENTER INTO A CONTRACT WITH EARL 0. CLYMER AND WIFE, MARTHA S. CLYMER, FOR PERMISSION TO CONNECT WITH THE SEWER SYSTEM OF THE CITY, AND PRESCRIBING THE TERMS, COVENANTS AND CONDITIONS OF SUCH CONTRACT BE IT RESOLVED BY THE BOARD OF COP•94ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized and directed to enter into and execute, ontehalf of the city of Paducah, Kentucky, a contract between Earl 0. Clymer and wife, Martha S. Clymer, and the City, granting permission to connect to the sewer system of the City, in words and figures as follows: "THIS CONTRACT AND AGREEMENT made and entered into on this the day of 1962, by and between EARL 0. CLYMER and wife, MARTHA S. CLYMER, parties of the first part, and the CITY OF PADUCAH, KENTUCKY, 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 land situated and being in the County of McCracken and State of Kentucky, described as follows: Lots No. 8 and No. 9 in Block 7 of Thurman Minerva Addition to the City of Paducah, Kentucky, as shown by plat of said Addition of record in Plat Book A, pages 248 and 249 in the McCracken County Court Clerk's Office, and being the same land conveyed to Earl O.Clymer and wife, Martha S. Clymer, by Loren M. Jones and wife, Nell W. Jones by deed dated April 14, 1962 and of record in Deed Book 434, page 589 in said Clerk's office. "AND WHEREAS, parties of the first part desire to connect a residence on said land to a city sanitary sewer situated at the inter- section of Sunset Avenue and Cardinal Lane within the city limits. "NOW for and in consideration of the further terms, covenants and conditions, the party of the second part does hereby grant to the parties of the first part permission to connect to said sewer at the existing manhole at the intersection of Sunset Avenue and Cardinal Lane with a 6" V.C.Pipe, which terms, covenants and conditions are as follows: "1. Before such connection shall, be made the parties of the first part, or their heirs or assigns, will pay to party of the second part the sum of $550.00 as a hookup fee, and will thereafter pay an annual rental to the party of the second part in the amount of $50.00 per year, payable in advance. 754 "2. The parties of the first part bind themselves, their heirs and assigns, that they will not object to proceedings to annex the above described land to the City of Paducah. "3. In the event such land is annexed to the City, the aforesaid annual rental charge of $50.00 per year will be discontinued at the expiration of the then current rental period, and parties of the first part, or their heirs or assigns, will then pay the monthly sewer service charge as paid by other property owners within the City. "4. In the event such land is annexed by the City, and the City thereafter constructs a sanitary sewer system designed to serve the above described property, the parties of the first part bind themselves, their heirs and assigns, that within one, -year from the date of the construction of such sewer they will connect the building constructed upon said property to such sewer system and cease using the connection authorized herein, and will pay to the party of the second part any difference between the aforesaid sum of $550.00 and whatever sum fixed by ordinance to be charged for the connection to said new sewer system. "5. The connection authorized herein is for sanitary purposes only and no storm water of any kind shall be allowed to enter into the sewer system of the City. 116. All costs for construction of the herein authorized connection and the expense of the maintenance of same shall be borne by the parties of the first part or their heirs or assigns. "7. All terms and conditions recited herein shall be covenants running with the above described land, and the parties of the first part bind themselves, their heirs and assigns that in event of the violation by them, or any of them, or any of the terms, conditions and covenants herein, the party of the second part shall have the right to withdraw and cancel the privilege granted herein and cause said sewer connection line to be disconnected from the aforesaid sewer system of the City. "IN TESTIMONY WHEREOF, the parties hereto have hereunto set their hands on this the day and year first above written. Earl 0. Clymer Martha S. Clyner Seal attached and CITY OF PADUCAH, KENTUCKY attested by By Mayor City Clerk 755 STATE OF KENTUCKY ) ( SCT COUNTY OF McCRACKEN ) I, , a Notary Public, in and for the County and State aforesaid hereby certify that the foregoing instrument was this day produced to me in my said county and state and was then and there acknowledged before me by Earl 0. Clymer and wife, Martha S. Clymer, 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 Robert C.Cherry, Mayor of the City of Paducah, Kentucky, to be his act and deed as such and to be the act and deed of said City for the purposes therein mentioned, and 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 of office on this the day of 1962. Notary Public, B1cCracken County, Ky.' SECTION 2. This Resolution shall be in full force and effect from and after its adoption. CP uc_e c Mayor Passed by the Board of Commissioners July 24, 1962 Recorded by Sarah Thurman, City Clerk, July 24, 1962.