HomeMy WebLinkAboutOrdinances Book 15, Page 1080, No Resolution Number108041W
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN INDENTURE BY AND BETWEEN THE CITY OF PADUCAH AND THE COMMISSIONERS
OF WATER WORKS, AS PARTIES OF THE FIRST PART, AND CITIZENS BANK AND
TRUST COMPANY OF PADUCAH, KENTUCKY, EXECUTOR OF THE ESTATE OF.MARGARET
T. ARTS, DECEASED, PARTY OF THE SECOND PART, RELEASING EASEMENT ON
EASTERN TWENTY FOOT PORTION OF SIXTY FOOT EASEMENT
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the'Mayor and City Clerk of the City of
Paducah, Kentucky, be, and they.are hereby, authorized and directed to
execute an indenture between the City of Paducah, Lee Livingston et al
as Commissioners of Water Works, parties of the first,part and Citizens
Bank & Trust Company of Paducah,' Kentucky, Executor of the Estate of
Margaret T. Arts, deceased, party of the second part, which indenture
is in -words and figures as follows, to -wit: -
"THIS INDENTURE made and entered into this' day of
,.1966, by and between the CITY OF PADUCAH
and LEE LIVINGSTON; THOMAS W. WILSON, THOMAS G. KERLEY, M. D. ,
JOHN E. STEPHENS, JR., WILLIAM W. DYER, SR., JOHN P. KERR, AS
COMMISSIONERS OF [DATER WORKS 6f -the City of Paducah, McCracken
County, Kentucky, parties of the first part and CITIZENS BANK R;
TRUST COMPANY of Paducah, Kentucky, Executor of the Estate of
Margaret.T. Arts; Deceased, party of the second part,
W I T N E S S E T H:
THAT WHEREAS, by indenture dated October 20, 1938, and
recorded in Deed Book 197, page 303, in the McCracken County
Court Clerk's Office, Lizzie Arts.and others conveyed to the
parties of the first 'part herein a perpetual right and easement
to install in and under a strip of land "sixty feet in width
between Clark and Adams Streets and extending Eastwardly .from
the present lines of 20th Street at Clark Street to Adams Street,
such pipe lines, connections and extensions as second parties may
now or hereafter desire to install .for the distribution of water",
and
WHEREAS, the parties of the first part do not require an
easement 60 feet wide for the purpose of constructing and maintain-
ing said water mains but do require and hereby confirm the
necessity for such easement over a strip of land described as
follows:
10811
A strip of land 40 feet in width
between Clark and Adams Streets,
and beginning at a point on the
Southerly line of Clark Street where
the southerly .line of Clark Street,
intersects the Westerly line of
2.0th Street (20th Street as presently
established being a 30 foot Street);
thence in a southerly direction and
with the Westerly line of 20th Street
to the northerly line of Adams Street,
said Jesterly line of 20th Street being
an extension of the Westerly line of
20th Street South of Adams Street and
North.of Clark Street; thence in an
Easterly direction and with the Northerly
line of Adams Street 40 feet; thence in
a Northerly direction and with the
Easterly line of 20th Street as presently
established between Clark and Adams
Streets and parallel with said Idesterly
line of 20th Street, to the Southerly
line of Clark Street; thence in a Westerly
direction and with the Southerlv line of
Clark Street, jO feet to the point of
te,inning.
Said 40 foot strip being the Western
30 feet (or i'iestern one-half of the
sixty foot strip referred to above as
having been conveyed on October 20, 1938
and an additional 10 foot strip lying
adjacent to and immediately east of said
30 foot strip, which additional 10 foot
strip was dedicated or conveyed by
Citizens Bank and Trust Company, Executor
to the City of Paducah, Kentucky, by deed of
dedication dated October 6, 1966, and
recorded ib Deed Book , page ,,
in the McCracken County Court Clerk's Office.
"It is the purpose and intent of this instrument that the
City of Paducah and the Commissioners of dater Works of the City
of Paducah, McCracken County, Kentucky, retain all of said easement
which is included in the said 40 foot strip of Around which now
constitutes 20th Street between Clark Street and Adams Street
and to release to Citizens Bank & Trust Company of Paducah,
Kentucky, Executor of the Estate of Margaret T. Arts, Deceased,
all of said easement (being the Eastern 20 foot strip thereof)
which .lies East of the LO foot strip retained herein .for 20th
Street.
"In consideration of the premises and the sum of One Dollar
($1.00), cash in hand paid, the receipt of which is herebv
acknowl edged, the parties of the first part do hereby release
and convey to Citizens Bank & Trust Company of Paducah, Kentucky,
Executor of the Estate of Margaret T. Arts, Deceased, all of said
F0 foot easement which is not included in the aforesaid 40 foot
strip of land retained herein, said portion of the easement
hereby released and conveyed being the .vast 20 foot strip of the
easement conveved to the parties of the first part by Lizzie
Arts and others by the aforementioned indenture dated October 20,
1938, and recorded in Deed Book 197, page 303, McCracken County
10P2
Court Clerk's Office.
CITY OF PADUCAH, KENTUCKY
ATTEST: By
Mayor
City Clerk
Lee Livinpston
Thomas W. Wilson
nomas C. Kerley, M.D.
John E. Stephens, Jr.
William W. Dyer, Sr.
John . Kerr
C0141ISSIONERS OF WATER WORKS"
SECTION 2. This Resolution shall be in full force and effect
from and after its adoption.
AV�7�,W
wayor —
Passed by the Board of Commissioners, November 2, 1966
Recorded by Sarah Thurman, City Clerk, November 2, 1966