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HomeMy WebLinkAboutMO #3292MUNICIPAL ORDER NO. 3292 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A SANITARY SEWER EASEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH McCRACKEN COUNTY JOINT SEWER AGENCY FOR APPROXIMATELY 1.09 ACRES OF CITY -OWNED PROPERTY LOCATED IN NOBLEPARK WHEREAS, the Paducah McCracken County Joint Sewer Agency ("JSA") is pursuing sanitary sewer improvements at the combined sewer outfall located in Noble Park and requires a perpetual sanitary sewer easement over approximately 1.09 acres of City -owned property for the construction, operation, inspection, repair, maintenance, replacement, and removal of sanitary sewer lines, mains, drains, and appurtenances; and WHEREAS, the proposed Sanitary Sewer Easement, including Exhibits 1, 2, and 3, grants JSA, its successors and assigns, the necessary easement rights and rights of ingress and egress over the subject property. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves the Sanitary Sewer Easement between the City of Paducah, as Grantor, and the Paducah McCracken County Joint Sewer Agency, as Grantee, granting a perpetual sanitary sewer easement over approximately 1.09 acres of City -owned property located in Noble Park, as shown and described on Exhibits 1, 2, and 3 attached to and incorporated into the easement. SECTION 2. The Mayor is hereby authorized to execute the Sanitary Sewer Easement, substantially in the form presented to the Board of Commissioners, together with any documents necessary to effectuate the purposes of this Municipal Order. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ATTEST: i indsay Parisi , City Clerk Adopted by the Board of Commissioners, August 25, 2026 Recorded by Lindsay Parish, City Clerk, August 25, 2026 \mo\JSA Sanitary Sewer Easement Noble Park I �&_� - Mayor George Bray SANITARY SEWER EASEMENT THIS SANITARY SEWER EASEMENT made and entered into on this the day of 12026, by and between CITY OF PADUCAH, a Municipal Corporation of the Home Rule Class, P.O. Box 2267, Paducah, Kentucky, 42002-2267, hereinafter called "Grantor(s)"(whether one or more), whose in - care -of address to which the current tax bill for the tax year of 2026, may be sent to City of Paducah, P.O. Box 2267, Paducah, KY 42002-2267, and the PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY, 621 Northview Street, Paducah, KY 42001, hereinafter called "Grantee"; WITNESSETH: That for and in consideration of One dollar and no cents ($1.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Gramor(s) do by these presents grant, bargain, sell, transfer, and convey unto Grantee, its successors and assigns, a perpetual sanitary sewer easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove any and all lines, mains, drains and appurtenances for the improvement of a sanitary sewer with all rights of ingress and egress over and across real property owned by the Grantor(s) in McCracken County, Kentucky. Said perpetual sanitary sewer easement shall be described as follows: SANITARY SEWER EASEMENT A sanitary sewer easement as shown on Exhibit 1, Exhibit 2 and Exhibit 3 hereto attached and made part of this document. The above described Easement contains approximately 1.09 acres. Being a part of the same property conveyed to the City of Paducah, by deed dated March 31, 1941, as recorded in Deed Book 207, Page 606, by deed dated June 13, 1921, as recorded in Deed Book 126, Page 583, by deed dated September 16, 1953, as recorded in Deed Book 343, Page 507, and by deed dated December 1, 1999 as recorded in Deed Book 928 Page 599 in the McCracken County Clerk's Office. The grant of this easement is subject to existing easements for roads and other utilities. Grantee shall, at its expense, repair all damage and surface damage to Grantor(s)' property occasioned by the construction of the sanitary sewer lines, mains, drains, and appurtenances, and by its use of the easement areas and occurring within one year of completion of installation of the sanitary sewer referred to herein, including, but not limited to grading, filling, compacting, leveling, sodding, and seeding as may be reasonably required to mitigate erosion as mutually agreed upon by both Grantor and Grantee. The aforesaid sanitary sewer easements are perpetual and shall remain in full force and effect unless formally terminated in writing by Grantee. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements to the Grantee, its successors and assigns forever, with covenant of General Warranty. IN WITNESS WHEREOF, the Grantor(s) and Grantee(s) have executed this instrument on the date first above written. Page 1 of 2 GRANTOR(S): GRANTEE(S): CITY OF PADUCAH PADUCAH McCRACKEN COUNTY JOINT SEWER AGENCY ICS TITLE: COMMONWEALTH OF KENTUCKY COUNTY OF IW TITLE: I, , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by (name), (title), an authorized agent for the City of Paducah, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission expires: WITNESS my hand and notarial seal on this the _ day of 20_. Notary Public, State at Large Notary ID# COMMONWEALTH OF KENTUCKY COUNTY OF 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by John Hodges, Executive Director, an authorized agent for the Paducah - McCracken County Joint Sewer Agency, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission expires: WITNESS my hand and notarial seal on this the day of 20_ Notary Public, State at Large Notary ID# This instrument was prepared by: Denton Law Firm, PLLC P. O. 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