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HomeMy WebLinkAboutOrdinances Book 15, Page 1080, No Resolution Number108041W t/ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDENTURE BY AND BETWEEN THE CITY OF PADUCAH AND THE COMMISSIONERS OF WATER WORKS, AS PARTIES OF THE FIRST PART, AND CITIZENS BANK AND TRUST COMPANY OF PADUCAH, KENTUCKY, EXECUTOR OF THE ESTATE OF.MARGARET T. ARTS, DECEASED, PARTY OF THE SECOND PART, RELEASING EASEMENT ON EASTERN TWENTY FOOT PORTION OF SIXTY FOOT EASEMENT BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the'Mayor and City Clerk of the City of Paducah, Kentucky, be, and they.are hereby, authorized and directed to execute an indenture between the City of Paducah, Lee Livingston et al as Commissioners of Water Works, parties of the first,part and Citizens Bank & Trust Company of Paducah,' Kentucky, Executor of the Estate of Margaret T. Arts, deceased, party of the second part, which indenture is in -words and figures as follows, to -wit: - "THIS INDENTURE made and entered into this' day of ,.1966, by and between the CITY OF PADUCAH and LEE LIVINGSTON; THOMAS W. WILSON, THOMAS G. KERLEY, M. D. , JOHN E. STEPHENS, JR., WILLIAM W. DYER, SR., JOHN P. KERR, AS COMMISSIONERS OF [DATER WORKS 6f -the City of Paducah, McCracken County, Kentucky, parties of the first part and CITIZENS BANK R; TRUST COMPANY of Paducah, Kentucky, Executor of the Estate of Margaret.T. Arts; Deceased, party of the second part, W I T N E S S E T H: THAT WHEREAS, by indenture dated October 20, 1938, and recorded in Deed Book 197, page 303, in the McCracken County Court Clerk's Office, Lizzie Arts.and others conveyed to the parties of the first 'part herein a perpetual right and easement to install in and under a strip of land "sixty feet in width between Clark and Adams Streets and extending Eastwardly .from the present lines of 20th Street at Clark Street to Adams Street, such pipe lines, connections and extensions as second parties may now or hereafter desire to install .for the distribution of water", and WHEREAS, the parties of the first part do not require an easement 60 feet wide for the purpose of constructing and maintain- ing said water mains but do require and hereby confirm the necessity for such easement over a strip of land described as follows: 10811 A strip of land 40 feet in width between Clark and Adams Streets, and beginning at a point on the Southerly line of Clark Street where the southerly .line of Clark Street, intersects the Westerly line of 2.0th Street (20th Street as presently established being a 30 foot Street); thence in a southerly direction and with the Westerly line of 20th Street to the northerly line of Adams Street, said Jesterly line of 20th Street being an extension of the Westerly line of 20th Street South of Adams Street and North.of Clark Street; thence in an Easterly direction and with the Northerly line of Adams Street 40 feet; thence in a Northerly direction and with the Easterly line of 20th Street as presently established between Clark and Adams Streets and parallel with said Idesterly line of 20th Street, to the Southerly line of Clark Street; thence in a Westerly direction and with the Southerlv line of Clark Street, jO feet to the point of te,inning. Said 40 foot strip being the Western 30 feet (or i'iestern one-half of the sixty foot strip referred to above as having been conveyed on October 20, 1938 and an additional 10 foot strip lying adjacent to and immediately east of said 30 foot strip, which additional 10 foot strip was dedicated or conveyed by Citizens Bank and Trust Company, Executor to the City of Paducah, Kentucky, by deed of dedication dated October 6, 1966, and recorded ib Deed Book , page ,, in the McCracken County Court Clerk's Office. "It is the purpose and intent of this instrument that the City of Paducah and the Commissioners of dater Works of the City of Paducah, McCracken County, Kentucky, retain all of said easement which is included in the said 40 foot strip of Around which now constitutes 20th Street between Clark Street and Adams Street and to release to Citizens Bank & Trust Company of Paducah, Kentucky, Executor of the Estate of Margaret T. Arts, Deceased, all of said easement (being the Eastern 20 foot strip thereof) which .lies East of the LO foot strip retained herein .for 20th Street. "In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt of which is herebv acknowl edged, the parties of the first part do hereby release and convey to Citizens Bank & Trust Company of Paducah, Kentucky, Executor of the Estate of Margaret T. Arts, Deceased, all of said F0 foot easement which is not included in the aforesaid 40 foot strip of land retained herein, said portion of the easement hereby released and conveyed being the .vast 20 foot strip of the easement conveved to the parties of the first part by Lizzie Arts and others by the aforementioned indenture dated October 20, 1938, and recorded in Deed Book 197, page 303, McCracken County 10P2 Court Clerk's Office. CITY OF PADUCAH, KENTUCKY ATTEST: By Mayor City Clerk Lee Livinpston Thomas W. Wilson nomas C. Kerley, M.D. John E. Stephens, Jr. William W. Dyer, Sr. John . Kerr C0141ISSIONERS OF WATER WORKS" SECTION 2. This Resolution shall be in full force and effect from and after its adoption. AV�7�,W wayor — Passed by the Board of Commissioners, November 2, 1966 Recorded by Sarah Thurman, City Clerk, November 2, 1966