HomeMy WebLinkAboutOrdinances Book 17, Page 744, Ordinance Number 71-9-530744
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ORDINANCE NO. 71-9-530
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PERMIT AUTHORIZING THE LAYING OF A SEWER LINE THROUGH AN AREA WHERE THE
CITY OWNS AN EASEMENT FOR MAINTENANCE OF ITS FLOODWALL IN THE VICINITY
OF 30TH AND PARK AVENUE
WHEREAS the City of Paducah owns an easement for floodwall
purposes adjacent to the Paducah Floodwall right-of-way, which easement
is 50 feet in width and parallel to the floodwall right -o£ -way, said
easement being acquired by deed dated December 8, 1938, and" of record
in Deed Book 200, page 135, McCracken County Court Clerk's office, and
WHEREAS said easement is bounded on the north by the south line
of Park Avenue and on the south by the property of W. E. Harris and his
wife, Alice C. Harris, and
WHEREAS the owners on the south side of said easement desire to
develop their land and to lay, maintain, operate, repair and remove
a sewer line in and across said easement running generally south to
north for the purpose of connecting to the sewer line on Park Avenue,
and
WHEREAS the said property is presently unimproved and can only be
improved because of the topography, by a sewer line connected to the
sewer line on Park Avenue,
NOW THEREFORE, BE IT ORDAINED 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 grant to W. E. Harris and his wife, Alice C. Harris, their
heirs, successors and assigns, permission to lay, maintain, operate,
repair, and remove a sewer line in and across the City's easement
acquired by deed from Joe Williams and his wife, Eva Williams, dated
December 8, 1938, and of record in Deed Book 200, page 135, McCracken
County Court Clerk's office. Any permit so executed by the Mayor and
City Clerk shall grant nothing in addition or inconsistent with the
easement to be acquired by W. E. Harris and his wife, Alice C. Harris
from the fee simple owners of the property, nor shall the grant be
inconsistent with or in limitation of the City's present needs and
rights under its easement.
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SECTION 2. Before granting the permission authorized in Section
1 above, the said W. E. Harris and Alice C. Harris must first acquire
an easement for sewer line purposes from the present owners of the
property over which the sewer line is to be located, and the City of
Paducah, Kentucky, shall be named as an additional beneficiary and
grantee of the easement in the event the City ever assumes the
responsibility for maintenance and operation of the sewer line.
SECTION 3. This ordinance shall be in full force and effect
from and after its adoption.
Mayor
Passed by the Board of Commissioners September 14, 1971
Recorded by Sarah Thurman, City Clerk, September 14, 1971..