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Home My WebLink About2024-01-8802ORDINANCE NO. 2024-01-8802 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SANITARY SEWER EASEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY FOR AN AREA LOCATED NORTH OF SEVENTH STREET (UNDEVELOPED) AND WEST OF FLOURNOY STREET (UNDEVELOPED) OWNED BY THE CITY OF PADUCAH IN ORDER TO CONNECT THE TREATMENT CHAIN FROM A PREVIOUSLY CONSTRUCTED DIVERSION AND PUMPING STATION THROUGH THE FLOODWALL AND RECONNECTING TO THE EXISTING EFFLUENT PIPING. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Sanitary Sewer Easement between the City of Paducah and Paducah McCracken County Joint Sewer Agency, as attached hereto and made part hereof, Exhibit 1, for and in consideration of One dollar and no/100 ($1.00) for an area located north of Seventh Street (undeveloped) and west of Flournoy Street (undeveloped), and being more particularly described as follows: SANITARY SEWER EASEMENT A certain tract of land as surveyed by Bacon Farmer Workman Engineering and Testing, Inc. under the direction of Kyrun Jett Wood, P.L.S.0445 and being generally located north of 7`h Street (undeveloped) and west of Flournoy Street (undeveloped), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point, said point being the intersection of the west right-of-way Flournoy Street (undeveloped) and the north right-of-way of 71h Street (undeveloped); Thence along the north right-of-way of 7th Street (undeveloped), N62005'38"W a distance of 200.08 ft. to a point; Thence leaving the above said right-of-way, N31°53'20"E a distance of 111.94 ft. to a point; Thence, S58°06'40"E a distance of 199.63 ft. to a point, said point being in the west right-of-way of Flournoy Street (undeveloped); Thence along the west right-of-way of Flournoy Street (undeveloped), S31054'25"W a distance of 98.04 ft. to the point of beginning. The above described Easement contains 0.481 acres. This easement is more particularly shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated June 22, 1982, as recorded in Deed Book 646, Page 626, in the McCracken County Clerk's Office. SECTION 2. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS George Bray, ATTEST: rAk , 0" � , - -ejXacc ffn— ay Parish, Inty Clerk Introduced by the Board of Commissioners, December 12, 2023 Adopted by the Board of Commissioners, January 9, 2024 Recorded by Lindsay Parish, City Clerk, January 9, 2024 Published by The Paducah Sun, January 12, 2024 \ord\Sanitary Sewer Easement Joint Sewer Agency JSA — Seventh and Flournoy Street 2023 i Exhibit A SANITARY SEWER EASEMENT THIS SANITARY SEWER EASEMENT made and entered into on this the _ day of 2023, by and between CITY OF PADUCAH, a Municipal Corporation of the Home Rule Class, P.O. Box 2267, Paducah, Kentucky, 42002-2267, hereinafter called "Grantor(s)"(whether one or more), whose in - care -of address to which the current tax bill for the tax year of 2023, may be sent to City of Paducah, P.O. Box 2267, Paducah, KY 42002-2267, and the PADUCAH MCCRACKEN COUNTY JOINT SEWER AGENCY, 621 Northview Street, Paducah, KY 42001, hereinafter called "Grantee"; WITNESSETH: That for and in consideration of One dollar and no cents ($1.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor(s) do by these presents grant, bargain, sell, transfer, and convey unto Grantee, its successors and assigns, a perpetual sanitary sewer easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove any and all lines, mains, drains and appurtenances for the improvement of a sanitary sewer with all rights of ingress and egress over and across real property owned by the Grantor(s) in McCracken County, Kentucky. Said perpetual sanitary sewer easement shall be described as follows: SANITARY SEWER EASEMENT A certain tract of land as surveyed by Bacon Farmer Workman Engineering and Testing, Inc. under the direction of Kyrun Jett Wood, P.L.S.#3445 and being generally located north of 71h Street (undeveloped) and west of Flournoy Street (undeveloped), Paducah, McCracken County, Kentucky, more particularly described as: Beginning at a point, said point being the intersection of the west right-of-way Flournoy Street (undeveloped) and the north right-of-way of 7" Street (undeveloped); Thence along the north right- of-way of 7°i Street (undeveloped), N62005'38"W a distance of 200.08 ft. to a point; Thence leaving the above said right-of-way, N3 1'53'20"E a distance of 111.94 ft. to a point; Thence, S58°06'40"E a distance of 199.63 ft. to a point, said point being in the west right-of-way of Flournoy Street (undeveloped); Thence along the west right-of-way of Flournoy Street (undeveloped), S3 1'54'25"W a distance of 98.04 ft. to the point of beginning. The above described Easement contains 0.481 acres. This easement is more particularly shown on Exhibit A hereto attached and made part of this document. Being a part of the same property conveyed to the City of Paducah, by deed dated June 22, 1982, as recorded in Deed Book 646, Page 626, in the McCracken County Clerk's Office. The grant of this easement is subject to existing easements for roads and other utilities. Grantee shall, at its expense, repair all damage and surface damage to Grantor(s)' property occasioned by the construction of the sanitary sewer lines, mains, drains, and appurtenances, and by its use of the easement areas and occurring within one year of completion of installation of the sanitary sewer referred to herein, including, but not limited to grading, filling, compacting, leveling, sodding, and seeding as may be reasonably required to mitigate erosion as mutually agreed upon by both Grantor and Grantee. The aforesaid sanitary sewer easements are perpetual and shall remain in full force and effect unless formally terminated in writing by Grantee. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements to the Grantee, its successors and assigns forever, with covenant of General Warranty. IN WITNESS WHEREOF, the Grantor(s) and Grantee(s) have executed this instrument on the date first above written. GRANTOR(S): GRANTEE(S): CITY OF PADUCAH PADUCAH McCRACKEN COUNTY JOINT SEWER AGENCY BY: _ TITLE: BY: _ TITLE: _ .. TnmT--..r.,-..nrrrr..,., r . arramnmr._...._ ... __J1 11111 11111 V ._ 1 .. .. 1.111.._.:11 1111L___, , COMMONWEALTH OF KENTUCKY COUNTY OF I, , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by (name), (title), an authorized agent for the City of Paducah, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission WITNESS my hand and notarial seal on this the day of 20. Notary Public, State at Large Notary ID# COMMONWEALTH OF KENTUCKY COUNTY OF I, , a Notary Public in and for the State and County aforesaid, do hereby certify that the foregoing easement was this day produced before me and that the same was thereupon acknowledged before me by (name), (title), an authorized agent for the Paducah -McCracken County Joint Sewer Agency, to be a free and voluntary act and deed, all of which is hereby certified to the proper office of record. My Commission expires: WITNESS my hand and notarial seal on this the day of 20. Notary Public, State at Large Notary ID# This instrument was prepared by: Denton Law Firm, PLLC P. O. Box 969 Paducah, Kentucky 42002-0969 CITY OF PADUCAH DEED BOOK 646, PAGE 626 199. °' EASEMENT AREA: 0.481 ACRES (20,957 SO. 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