HomeMy WebLinkAboutOrdinances Book 13, Page 504, No Ordinance Number5O
ORDINANICE PROVIDING FOR THE GRANTIITG Gtr A PER1•>7T TO ADRIAPi
T. ;,,FIT}E AND I.IIFE, RUTH $WHITE AND J. PAUL CARNEAL AND WIFE, DIARY E.
CARNEAL, TC CCKWEC^1 A PRIVATE. SEWER FRCI•I LOTS 15 AND 16 IN BLOCK &:
AND LOTS 9, 10, 11 & 12 IN BLOCK 4 OF L. D. SANDERS ARCA.DIA SUB-
DIV"ISIO_i TO THE CITY SEI',TER ON THE LONE OAK ROAD; PRESCRIBING THE
TAll'UtIS AND CONDITIONS TO BE CONTAINED IN AN AGREEI- ENT GRANTING SUCH
PERI•IIT AND CONTAINING AN EASEI11ENT OVER AND ACROSS LOT 7 IN BLOCK 1N
IN THE AFORESAID SUBDiVISIO_d OI'TNED BY TYLER 'WHITE AND WIFE, FLORENCE
IIHITE.
BE IT ORDAINED BY THE BOARD OF COI,24ISSIONERS OF THE CITY
OF PADUCAH, KENTUCKY;
SECTION 1. That the Payor and City Clerk be authorized to
enter into and execute, for and on behalf of the City of Paducah,
Kentucky, an agreement with each of the above named persons, said
Agreement to provide for the granting of a permit for certain use of
a city sewer and to be in words and figures as follows, to -wit:
"THIS AGREM-20-IT made and entered into by and between the
City of Paducah, Kentucky, hereinafter referred to as the "City"
party of the first part, and Adrian T. 1hite and wife, Ruth
'!White, and J. Paul Carneal and wife, Diary E. Carnal, herein-
after referred to as the "Licensees" parties of the second
part, and Tyler i'Mite and wife, Florence White, hereinafter
referred to as.the "Grantors", parties of the third part;
I'W1TNESSEITH ;
THAT 4'JHEREAS, the herein Licensees, Adrian T. White and wife,
Ruth :shite, are the owners of Lots 9, 10, 11 and 12 in Block 4
in L. D. Sanders Arcadia Subdivision as shown by plat of same
of record in Plat Book A, page 218 in the McCracken County
Court Clerkps office, conveyed to them by Albert Karnes and
irife, ''zillie Mae Karnes, by deed dated October 1, 1955
and of record in Deed Book 366, page 417 in said Clerkps
office; and the Licensees, J.Paul Carneal and wife, _Mary E.
Carneal, are the o=.•mers of Lots _dos 15 and 16 in Block 7 in
the aforesaid Subdivision, Lot 15 having been conveyed to them
by Frances C. Ezzell by deed dated October 10, 1955 and of
record in Deed Book 367, page 124 in the aforesaid Clerkps
office, and Lot Ido. 16 having been conveyed to them by Roy
1dc:9aters and wife, Grace 1.1. i•X Waters by deed dated October
7, 1955 and of record in Deed Book 367, page 40 in said Clerkps
office, and
505
"WHEREAS, said Licensees have requested permission of the
Board of Commissioners of the City of Paducah, Kentucky for a
permit to connect a 61t vitrified clay pipe private server line
to a city sewer on the Lone Oak Road for the purpose of serving
two dwellings to be built by the.aforesaid Licensees, such line
to extend from a point on the aforesaid Lot Ho. 15 in Block 1110. 7
across Chestnut Street to a point on the aforesaid Lot Ido. 10
in Block 4 and from such point across a 20 f obt alley and over
and across the aforesaid Lot No. 7 in Block 4 to the aforesaid
city server.
"Ls consideration for the granting of said permit, the Licensees
agree as follows:
"1. That the entire expense for constructing and maintaining
said private sewer line shall be paid by them and the City shall
not assume any responsibility whatever for the maintenance of
said sewer or for furnishing any selvage service by reason of any
stoppage in the city sewer or by reason of the inadequacy or bad
state of repair of either said city sewer or said private sewer.
172, in the event the City of Paducah shall hereafter levy an
assessment under Kentucky Revised Statutes for the construction
of permanent sewers to serve the aforesaid property of the
Licensees and other adjacent property in the same vicinity
at the cost of the owners of the property in such vicinity
and to be benefitted thereby, the Licensees hereby agree and
bind themselves, their heirs and assigns, that the City shall
have a statutory lien upon the lands of the Licensees as security
for the payment of the respective proportionate part of any
assessment so levied and that they will naive any statutory
or other defense that they may have to any suit for the
collection of the assessments so levied, which agreements
are to be considered as covenants running with the lands of
the Licensees.
"The Grantors, Tyler White and wife, Florence White, for and
in consideration of One Dollar (:}1.00) cash in ha: -,d paid, and
other gocd and valuable consideration, the receipt of all of
which is hereby acknowledged, do hereby grant to the herein
Licensees, their heirs and assigns forever, and to the City of
Paducah, its successors and assigns forever, a permanent easement
over and across the aforesaid Lot Ido. 7 in Block Ido. 4 for the
Purpose of constructing and maintaining the aforesaid Private 6"
sewer line.
506
"The Licensees further covenant and agree with the City that
only two residences are to be served by the aforesaid private
ser:1er line and in theevent they, or any other person or persons,
should cause an additional residence to be connected to the herein
mentioned 6" private server line, then this Agreement shall be
null and void and the City is to have the immediate right and
power to disconnect said sewer from the aforesaid city server.
i7IN TESTIMONY 1.11HEREOF, the parties have hereunto subscribed
their hands on this the _ day of March, 1956.
CITY OF PADUCAH, KENTUCKY
.",.-TEST: By
iayor
City Clerk
3T; T�- OF KENTUCKY )
( Sct.
CGUi?.L'Y OF 1•iCCRACY. 11i )
a Notary Public, in and for
the County and State aforesaid, do hereby certify that the foregoing
Agreement was this day produced to me in my said County and State
and was then and there acknowledged before me by George Jacobs,
1+ayor of the City of Paducah, to be his act and deed as such and
to be the act and deed of the City of Paducah, and was also
acknowledged before me by Adrian T. r:?hite and wife, Ruth Unite,
J. Paul Carneal and wife, Bary E. Ca-rneal and Tyler 11hite and
wife, Florence 'Uhite, to be their separate act and deed for the
purposes therein contained, and all done in due form of law.
1.1y Commission will expire on the _ day of 19_.
Given under my hand and seal on the , day of ____ 1956.
Notary Public, 1•icCracken County, Ky. "
SZCTT_GIi 2. This ordinance shall be in full force and effect fro:a
and after its adoption.
Passed by the Board of Commissioners I•warch 13, 1956
Recorded by Sarah Thurman, City Clerk, <arch 13, 1956.