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HomeMy WebLinkAboutOrdinances Book 14, Page 322, No Resolution Number322 / A RESOLUTION AUTHORIZING THE 14AYOR AND CITY CLERK TO ACCEPT, ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, A CERTAIN EASEMENT FOR PUBLIC ROADWAY FROM ILLINOIS CENTRAL RAILROAD COMPANY 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 accept, on behalf of the City of Paducah, Kentucky, a certain easement for public roadway granted by Illinois Central Railroad Company, which easement is in words and figures as follows, to -wit: "THIS INDENTURE IffITNESSETH, That the Grantor, ILLINOIS CENTRAL RAILROAD COMPANY, a corporation of the State of Illinois, for and in consideration of the sum of ONE DOLLAR (:x;1.00), in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by CITY OF PADUCAH, KENTUCKY does hereby grant, so far as it lawfully may, unto the said CITY OF PADUCAH, KENTUCKY Grantee, an easement for public roadway (hereinafter for convenience referred to as "structure"), on and across the land of the said ILLINOIS CENTRAL RAILROAD COMPANY, in the Vicinity of Paducah, Kentucky, more particularly described as follows: A parcel of land 20 feet in width, over and across the Illinois Central Railroad Companyts property, between south line of Broadway and the north line of Kentucky Avenue, in the vicinity of Eleventh Street in the City of Paducah, McCracken County, Kentucky, said 20 foot parcel lying westerly of and adjoining the following described line: Beginning at a point in said south line of Broadway, 541.54 feet southwesterly from the west line of Tenth Street, measured along said south line of Broadway, as shown in City Engineerts Plat Book No. 2, said point also being the point of inter- section of said south line of Broadway and the common property line between Rosebud Hobson, et al, and the Illinois Central Railroad Company's easterly property line; thence in a southeasterly direction at right angles to said south line of Broadway along said railroad companyts easterly property line, 171.4 feet, more or less, to point of curve; thence southerly on a curve to the right having a radius of 50 feet, a distance of 26.2 feet, more or less, to end of curve; thence continuing southerly along a straight line tangent to the last described curve, 44.6 feet, more or less, to point of curve; thence southeasterly on a curve to the left having a radius of 30 feet, a distance of 15.7 feet, more or less, to a point on said railroad company's easterly property line; thence continuing southeasterly along said easterly property line 100 feet, more or less, to a point on said north line of Kentucky Avenue, containing an area of 0.16 of an acre, more or less. 323 all as shown in green on print attached hereto and made a part hereof. Being a part of the same property conveyed by the Chicago, St. Louis & New Orleans Railroad Company to the Illinois Central Railroad Company by deed dated July 23, 1951, recorded in Deed Book 306, Page 301, in the office of the County Court Clerk of McCracken Ciunty, Kentucky. Anything herein to the contrary notwithstanding, Grantor at its sole expense will rearrange the existing crossing gates for one way traffic at the Broadway and Jefferson Streets intersection, Paducah, Kentucky. "The grant aforesaid is made solely upon the conditions and limitations herein contained and the Grantee, by the acceptance of said grant, accepts such conditions and limitations and agrees to the full, strict and prompt observance and performance thereof. "1. The easement herein granted is limited to the uses and purposes hereinabove expressed and for no other purpose whatsoever. 112. The Grantor reserves unto itself, its licensees, lessees, successors and assigns, the right not only to continue the presence and use of all tracks and other facilities or structures now existing upon or beneath the surface of, or above, the above described premises, but also the right to install and operate additional tracks, facilities and structures upon and beneath the surface of and above the above described premises, and the Grantor further reserves the right to grant to others permission to install other facilities and structures, including, but not limited to, underground pipes and conduits upon and beneath the surface of said premises and overhead wires, cables and poles or other structures for the support thereof which may be hereafter located thereon, provided that the installations, aforesaid may be made without substantial interference with the use of said premises as herein provided. 113. Grantee shall, without charge or assessment therefor against the Grantor, or its property, perform all the necessary work, furnish all material and labor necessary for the con- struction, maintenance or reconstruction of said structure in and upon said above mentioned premises and make or cause to be made any changes or alterations in the location or construction of facilities of said Grantor that may be necessary by the easement herein granted or by the location, construction and use of said structure thereon, and Grantee hereby agrees to assume any and all expense which may be incurred by the Grantor incident to, or as a result of, the exercise of the within grant. 324 "4. The Grantee agrees that the Grantor and its property shall not be subjected to any charge or assessment or for any expense of any kind or character whatsoever arising from, growing out of, or in any way attributable to the construction, maintenance, or operation of the aforesaid public roadway, whether located within or without the confines of Grantor's property, nor for any crossing protection thereat, nor for any highway improvement thereon in the event this easement is for highway purposes. "5. The Grantor does not warrant the title to the above described premises in which the foregoing easement is granted and the Grantor does not undertake to defend the Grantee in the peaceable enjoyment thereof, but the grant of easement aforesaid shall be subject to the continuing lien of all lawful outstanding existing liens and superior rights, if any, in and to said premises, in- cluding, but not limited to, the Grantor's Mortgage Indenture dated November 1, 1949, to Morgan Guaranty Trust Company of New York (formerly Guaranty Trust Company of New York), Trustee. 116. In the event the work to be performed by the Grantee is to be let by contract, the Grantee shall require its contractor, or contractors, before entering upon the tracks and waylands of the Grantor for performance of any construction or maintenance work, or work preparatory thereto, to secure permission from the authorized representatives of the Urantor for the occupancy and use of its premises and confer with the Grantor relative to its requirements for clearances, operation and general safety regulations. The Grantor reserves the right to furnish the Grantee's contractor, or contractors, at the sole cost and expense of such contractor, or contractors, protective services and devices such as, but not limited to, switchtenders, flagmen, watchmen or others, as Grantor may deem desirable to ptomote safety and continuity of railroad traffic during progress of the work, for which such contractor, or contractors, shall be required to reimburse the Grantor promptly upon receipt of bills, the Grantee to withhold final payment to its contractor, or contractors, until grantor has notified Grantee that all such bills have been settled. For any work which is performed by Grantor for Grantee, Grantee hereby agrees to reimburse the Grantor, upon receipt of bills. Cost and expanse as referred to herein shall include, but not be limited to, the cost of labor plus 10% to cover supervision and use of tools, cost of materials: Plus 15% to cover freight charges and cost of handling, and in addition, the term cost shall include vacation allowance, paid holiday allowance, health and welfare allowance, premium for 325 workmen's compensation, public liability, and property damage insurance, taxes payable by the Railroad Company under the Railroad Reitrement and Unemployment Insurance Acts, and under any excise, sales, or use tax based on the wages of labor, cost of material, or the gross cost of such maintenance, as the case may be. '7. The Grantee, in the event the work is let by contract, shall require its contractor, or contractors, to furnish evidence of Work- men's Compensation coverage and to maintain at all times during the performance of any construction or reconstruction work the following types of insurance: (A) Contractors' Public Liability and Property Damage Liability Insurance, including automobile coverage, with limits of 0100,000/300,000 as to public liability, and $100,000/ 300,000 as to property damage liability, (B) Contractors' Pro- tective Public Liability and Property Damage Liability Insurance with the same limits, if subcontractors are involved, (C) Railroad Protective Public Liability and Property Damage Liability Insurance with the same limits as prescribed in (A) above, naming Illinois Central Railroad Company as the insured and containing an endorsement in the form appearing in the Standard Provisions attached to and made a part of this indenture. Grantor shall be furnished with the Railroad Protective Policy, and, in addition, certificate (or certificates) of insurance evidencing the other insurance requirements specified herein. The Railroad Protective Policy and the certificate (or certificates) of insurance must meet with the approval of the Illinois Central Railroad Company before any work shall be commenced on Grantorts property by the contractor or contractors. "$. In the event that the public use of the aforesaid easement across the said premises for the purposes herein expressed shall be abandoned or otherwise discontinued, the said easement shall thereupon cease and determine, and the Grantee shall surrender or cause to be surrendered to the Grantor, or its successors or assigns, the peaceable possession of the above described premises, and title to said premises shall remain in the Grantor, or its successors or assigns, free and clear of all rights and claims of the Grantee and of the public for the use and occupancy of said premises. Full and complete title, ownership and use of Grantorts premises and of the portions thereof herein involved are reserved to Grantor, its successors or assigns, subject to the right, permission and authority herein expressly granted. Upon termidation hereof for 326 any reason whatsoever the Grantee hereby agrees to restore the premises of the Grantor to a like condition as at present,insofar as the same may be practicable in the opinion of the duly authorized representatives of the Grantor. 119. Subject to the provisions of Paragraph 8 hereof, this indenture shall run with the land and be binding upon the Grantees, successors, lessees and assigns of the parties hereto, "IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized as of the 24th day of June, A.D. 1960. ATTEST: Secretary ILLINOIS CENTRAL RAILROAD COMPANY By Vice President and ChiefEngineer ACCEPTED: CMTY OF PADUCAH, KENTUCKY By By " SECTION 2. This resolution shall be in full force and effect from and after its adoption. (24 0, . i Mayor T Passed by the Board of Commissioners August 3, 1960 Recorded by Sarah Thurman, City Clerk, August 3, 1960.