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HomeMy WebLinkAboutOrdinances Book 16, Page 421, No Ordinance Number421 / AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A BOUNDARY LINE AGREEMENT AND QUITCLAIM DEED ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, WITH JOHN HAMRA AND HIS WIFE, BERNICE HAMRA, SAM HAMRA AND HIS WIFE, MARY HAMRA AND JOHN SHIBLEY AND HIS WIFE, SALLY SHIBLEY BE IT ORDAINED 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 a.boundary line agreement and quitclaim deed on behalf of the City of Paducah with John Hamra and his wife, Bernice Hamra, Sam Hamra and his wife, Mary Hamra and John Shibley and his wife, Sally Shibley, in words and figures as follows: "THIS BOUNDARY LINE AGREEMENT AND QUITCLAIM DEED entered into on this the day of December, 1967, by and between the CITY OF PADUCAH, KENTUCKY, a municipal corporation operating and existing as a City of the second class of the Commonwealth of Kentucky, party of the first part, and JOHN HAMRA and his wife, BERNICE HAMRA, SAM HAMRA and his wife, MARY HAMRA, and JOHN SHIBLEY and his wife, SALLY SHIBLEY, parties of the second part, of the State of Missouri, W I T N E S S E T H "WHEREAS, the City of Paducah is the owner of certain tracts of land in McCracken County, Kentucky, comprising Stuart Nelson Park, and "WHEREAS two of said tracts were deeded to the party of the first part and are fully described in Deeds recorded in Deed Book 50, page 515, Deed Book 57, page 141, McCracken County Court Clerk's Office, and which two tracts are adjacent to the north boundary line of the hereinbelow described tract of land owned by John Hamra, Sam Hamra, and John Shibley, (see Deed Book 487, Page 209, McCracken County Court Clerk's Office), and "WHEREAS, there are certain discrepanci€is between the descriptions contained in the Deeds of the party of the first part, and the parties of the second part as to the common boundary line between the respective tracts of land owned by the parties and which common boundary line is the north property line of the par- ties of the second part and the south boundary line of the party of the first part, and 422 "WHEREAS, the existing old fence line between the lands of the parties has always been accepted as the actual and true boundary line, and "WHEREAS, a survey of the lands of the parties of the second part was made by Elmer Y. Hollis, a registered engineer, and a plat made thereof dated May 10, 1967, and which plat is hereby acknowledged and accepted by the parties to be a true and accurate survey of the land of the parties of the second part which, from said plat of survey, is fully and correctly described as follows, to -wit: Lying and being in the City of Paducah, McCracken County, Kentucky and more particularly described as follows, to -wit - Beginning at an iron pipe in the north line of U. S. Highway 60 (Hinkleville Road) 360 feet west of the intersection of the west line of the Nelson Park Road with the north line of U. S. Highway 60; thence North 3 degrees 01 minutes west 2106.0 feet to an iron pipe in the south line of Stuart Nelson Park; thence north 65 degrees 40 minutes west 995.0 feet to an iron pipe; thence south 15 degrees 36 minutes west 1291.37 feet to an iron pipe, common corner to the property of Dr. Errett Pace; thence south 2 degrees 30 minutes east 1349.4 feet along the 33 foot strip for roadway owned by Dr. Errett Pace to a pipe in the north line of U. S. Highway 60; thence with the north line and curve of said highway north 84 degrees 29 minutes east 314.95 feet to a marker at the end of said curve; thence north 87 degrees 12 minutes 45 seconds east 993.43 feet to the point of beginning. "NOW THEREFORE, for and in consideration of One Dollar ($1.00) and the further consideration of establishing the common boundary line between the lands of the party of the first part and parties of the second part, it is agreed as follows: "The common boundary line between the lands of the party of the first part known as Stuart Nelson Park and the land of the parties of the second part lying adjacent to and immediately south of Stuart Nelson Park, and as shown in the plat of survey dated May 10, 1967, by Elmer Y. Hollis, registered engineer and surveyor, said common boundary line being described as follows: Beginning at an iron pipe located 2106.0 feet north 3 degrees .01 minutes west of an iron pipe in the north line of U. S. Highway 60 (Hinkleville Road), the latter iron pipe being 360 feet west of the intersection of the west line of the Nelson Park Road with the north line of U. S. Highway 60; thence north 65 degrees 40 minutes west 995.0 feet to an iron pipe, in the line of the property owned by Dr. Errett Pace. "For said consideration and for the purpose of establishing the common boundary line as shown in .the aforesaid plat of survey, the party of the first part does hereby remise, release and forever quitclaim unto the parties of the second part all of its right,title and interest in and to the hereinabove described tract of land owned by the parties of the second part lying south of the common boundary line as hereinabove established. "TO HAVE AND TO HOLD the same with all the privileges and appurtenances thereunto belonging unto the parties of the second part, their heirs and assigns forever. "For the aforesaid consideration, the parties of'the second part hereby remise, release and forever quitclaim unto the party of the first part all of their right, title and interest in and to the property owned by the party of the first part known as Stuart Nelson Park lying immediately north of the common boundary line as hereinbefore established. "TO HAVE AND TO HOLD the same with all the privileges and appurtenances thereunto belonging unto the party of the first part, its successors and assigns forever. "The execution of this instrument on behalf of the City of Paducah, Kentucky, was authorized by an Ordinance adopted by the Board of Commissioners of said City on the day of 196 SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Jc• n�f , Mayor Passed by the Board of Commissioners December 27, 1967 Recorded by Sarah Thurman, City Clerk, December 27, 1967.