HomeMy WebLinkAboutOrdinances Book 15, Page 989, No Resolution Number989
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY
OF PADUCAH, KENTUCKY; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A BOUNDARY LINE AGREEMENT BETWEEN SAID CITY AND LEWIS
WALLACE LANIER AND OTHERS
BE IT'RESOLVED BY THE BOARD 'OF COMMISSIONERS OF THE CITY
OF PADUCAH,- KENTUCKY
SECTION 1 That the Mayor and City Clerk be, and they
are hereby authorized to execute on behalf of said'City a certain
boundary line ap-reement between said City and Lewis Wallace
Lanier and -wife, Mamie Louise Lanier, and Charles Franklin
Finnell and wife, Betty Sue Finnell,'said agreement being in
words and figures as'follows:
THIS"AGREEMENT-made and -entered into this day of
June, 1966, by and between the CITY'OF PADUCAH, Party of the
First Part,.and LEWIS WALLACE LANIER and his wife, MAMIE
LOUISE LANIER, Parties of the Second Part, and CHARLES
FRANKLIN FINNELL, and his wife, BETTY SUE FINNELL, Parties
of the Third Part, all,of Paducah, McCracken County, Kentucky;
n I T N E S S E T H
THAT WHEREAS, the Parties of the Second Fart are owners
of a certain parcel of land known as 2398 Old Cairo Road,
which lot lies adjacenttoand immediately west'of Lot 13 in
Block 13 of the Rowlandtown Addition to the City of Paducah, and
WHEREAS, Parties of the Third Part are owners of a certain
parcel of land known as 2400 Old Cairo Road, which property
is adjacent and immediately west of the property owned by the
Parties of the Second Part, and,
WHEREAS, the City of Paducah is the owner of a certain
tract of land adjacent to and immediately south of the,property
owned by the Parties of the Second Part and Third Part, and,
WHEREAS, the boundary line is dispoted between the property
of the Parties of the Second Part and Third Part where their
lines join the property of the Party of the First Part, and,
WHEREAS, the said property line has been heretofore
surveyed by Elmer Y. Hollis, Jr., registered professional
engineer number 2082, on September 9, 1957, and revised on
September 24, 1957, survey number 57-148, which survey was
prepared as a plat of survey and subdivision of the Paul W.
Rudolph property, and,
WHEREAS, the disputed area contains improvements and has
been in the actual continuous possession of the Parties of the
Second Part and Third Part or their predecessors for more than
thirty (30) years.
NOW, THEREFORE, in consideration of the sum of One Dollar
($1.00) paid by the Parties of the Second Part and Third Part
to the Party of.,the First Part and the mutual agreement herein,
the parties do agree to settle the dispute as to the boundary'
line between themselves, and the Parties: of the.Second Part and
Third Part -hereby and forever.release., remise and quitclaim unto
the Party.of,the First Part all -land lying adjacent to and
immediately south of the hereinafter agreed line and -the Party
of the First Part hereinafter remises and forever quitclaims
all land adjacent to and immediately north of the agreed
boundary line, which line is more particularly described as
follows, to -wit:
Beginning at the intersection.of'the southwest
corner of Lot 13, Block 13, Rowlandtown Addition
to the Citv of Paducah, and the west end of a
fifteen (15) foot alley; thence at an interior angle
of $6 degrees 50 minutes with the west boundary
line of said Lot 13 and the east boundary line
of that property now owned by the Parties of the
Second Part and in a westerly direction $2.90
feet to a point, which point is the southwest
corner of that parcel of land owned by Parties of
the Third Part if extended to include Lot 2 "A"',
as shown by said survey.
it is the intention of Party of the First Part that by
this instrument it convey and quitclaim unto the Parties of
the Second Part, ,jointly and equally, and to the survivor of
them, his oe her heirs and assigns forever, all of that
property described as Lot 1 "A" in their deed dated September 30,
1957, of record in Deed Book 428m page 167, McCracken Countv
Court Clerk's Office, and as shown on the attached survey,
and itis the intention of the Party.of the First Part that by
this instrument it convey and quitclaim to the Parties of the
Third Part, jointly and equally and to the survivor or them,
his or -her heirs and assigns forever, all right, title and
interest in and to Lot 2 "A" of the subdivision of the Paul
W. Rudolph property, as shown by the plat of survey attached
hereto, which property was described as Lot 2 "A" in the
deed of the Parties of the Third Part dated September 30, 1957,
of record in Deed Book Book 440, page 325, McCracken County Court
Clerk's Office.
991
TO HAVE AND TO HOLD with all the improvements and
appurtenances thereunto belonging unto the Parties of the Second
Part and Third Part respectively, their heirs and assigns
forever.
IT IS AGREED AND UNDERSTOOD and is a part of the con-
sideration of this agreement and conveyance that the property
herein conveyed to Parties of the Second Part, Lewis Wallace
Lanier and his wife, Mamie Louise Lanier, and to the Parties
of the Third Part, Charles Franklin Finnell and his wife,
Betty Sue Finnell, is conveyed to them respectively with
right of survivorship, that is, upon the death of either of
the Parties of the Second Part or either of the Parties of
the Third Part while they are still the owners of the above
described property, or any part thereof, or any interest
therein, all right, title and interest of the one so dying
shall immediately vest in the surviving spouse.
The execution hereof by the City of Paducah has been
duly authorized by an appropriate resolution of the governing
body of said city heretofore adopted.
IN WITNESS WHEREOF, the Parties hereto hereunto set their
hands and seals on this day and date first above written.
SECTION 2. This resolution shall be in full force and
effect from and after its adoption.
�z :, 7J. i .
Mayor
Passed by the Board of Commissioners on June 21, 1966
Recorded by Sarah Thurman, City Clerk, on June 21, 1966.