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HomeMy WebLinkAboutOrdinances Book 15, Page 989, No Resolution Number989 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BOUNDARY LINE AGREEMENT BETWEEN SAID CITY AND LEWIS WALLACE LANIER AND OTHERS 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 execute on behalf of said'City a certain boundary line ap-reement between said City and Lewis Wallace Lanier and -wife, Mamie Louise Lanier, and Charles Franklin Finnell and wife, Betty Sue Finnell,'said agreement being in words and figures as'follows: THIS"AGREEMENT-made and -entered into this day of June, 1966, by and between the CITY'OF PADUCAH, Party of the First Part,.and LEWIS WALLACE LANIER and his wife, MAMIE LOUISE LANIER, Parties of the Second Part, and CHARLES FRANKLIN FINNELL, and his wife, BETTY SUE FINNELL, Parties of the Third Part, all,of Paducah, McCracken County, Kentucky; n I T N E S S E T H THAT WHEREAS, the Parties of the Second Fart are owners of a certain parcel of land known as 2398 Old Cairo Road, which lot lies adjacenttoand immediately west'of Lot 13 in Block 13 of the Rowlandtown Addition to the City of Paducah, and WHEREAS, Parties of the Third Part are owners of a certain parcel of land known as 2400 Old Cairo Road, which property is adjacent and immediately west of the property owned by the Parties of the Second Part, and, WHEREAS, the City of Paducah is the owner of a certain tract of land adjacent to and immediately south of the,property owned by the Parties of the Second Part and Third Part, and, WHEREAS, the boundary line is dispoted between the property of the Parties of the Second Part and Third Part where their lines join the property of the Party of the First Part, and, WHEREAS, the said property line has been heretofore surveyed by Elmer Y. Hollis, Jr., registered professional engineer number 2082, on September 9, 1957, and revised on September 24, 1957, survey number 57-148, which survey was prepared as a plat of survey and subdivision of the Paul W. Rudolph property, and, WHEREAS, the disputed area contains improvements and has been in the actual continuous possession of the Parties of the Second Part and Third Part or their predecessors for more than thirty (30) years. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid by the Parties of the Second Part and Third Part to the Party of.,the First Part and the mutual agreement herein, the parties do agree to settle the dispute as to the boundary' line between themselves, and the Parties: of the.Second Part and Third Part -hereby and forever.release., remise and quitclaim unto the Party.of,the First Part all -land lying adjacent to and immediately south of the hereinafter agreed line and -the Party of the First Part hereinafter remises and forever quitclaims all land adjacent to and immediately north of the agreed boundary line, which line is more particularly described as follows, to -wit: Beginning at the intersection.of'the southwest corner of Lot 13, Block 13, Rowlandtown Addition to the Citv of Paducah, and the west end of a fifteen (15) foot alley; thence at an interior angle of $6 degrees 50 minutes with the west boundary line of said Lot 13 and the east boundary line of that property now owned by the Parties of the Second Part and in a westerly direction $2.90 feet to a point, which point is the southwest corner of that parcel of land owned by Parties of the Third Part if extended to include Lot 2 "A"', as shown by said survey. it is the intention of Party of the First Part that by this instrument it convey and quitclaim unto the Parties of the Second Part, ,jointly and equally, and to the survivor of them, his oe her heirs and assigns forever, all of that property described as Lot 1 "A" in their deed dated September 30, 1957, of record in Deed Book 428m page 167, McCracken Countv Court Clerk's Office, and as shown on the attached survey, and itis the intention of the Party.of the First Part that by this instrument it convey and quitclaim to the Parties of the Third Part, jointly and equally and to the survivor or them, his or -her heirs and assigns forever, all right, title and interest in and to Lot 2 "A" of the subdivision of the Paul W. Rudolph property, as shown by the plat of survey attached hereto, which property was described as Lot 2 "A" in the deed of the Parties of the Third Part dated September 30, 1957, of record in Deed Book Book 440, page 325, McCracken County Court Clerk's Office. 991 TO HAVE AND TO HOLD with all the improvements and appurtenances thereunto belonging unto the Parties of the Second Part and Third Part respectively, their heirs and assigns forever. IT IS AGREED AND UNDERSTOOD and is a part of the con- sideration of this agreement and conveyance that the property herein conveyed to Parties of the Second Part, Lewis Wallace Lanier and his wife, Mamie Louise Lanier, and to the Parties of the Third Part, Charles Franklin Finnell and his wife, Betty Sue Finnell, is conveyed to them respectively with right of survivorship, that is, upon the death of either of the Parties of the Second Part or either of the Parties of the Third Part while they are still the owners of the above described property, or any part thereof, or any interest therein, all right, title and interest of the one so dying shall immediately vest in the surviving spouse. The execution hereof by the City of Paducah has been duly authorized by an appropriate resolution of the governing body of said city heretofore adopted. IN WITNESS WHEREOF, the Parties hereto hereunto set their hands and seals on this day and date first above written. SECTION 2. This resolution shall be in full force and effect from and after its adoption. �z :, 7J. i . Mayor Passed by the Board of Commissioners on June 21, 1966 Recorded by Sarah Thurman, City Clerk, on June 21, 1966.