HomeMy WebLinkAboutOrdinances Book 14, Page 753, No Resolution Number753
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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.