Loading...
HomeMy WebLinkAbout78-3-1541759 ORDINANCE NO. 78-3-1541 _ ORDINANCE EXTENDING THE- - _ ..- OF THE CITY OF . DUCAH BY ANNEXING CERTAIN PROPERTIES LYING ADJACENT TO THE WEST .,CORPORATE LIMITS OF THE CITY, AND DEFINING ACCURATELY THE BOUNDARY OF SAID _PRO- PERTIES TO BE INCLUDED WITHIN SAID CORPORATE LIMITS_ WHEREAS, on December 13, 1977, an ordinance was passed by_ the_ _ Board of Commissioners of the City of Paducah, extending the boundary of -the city, of Paducah by annexing certain properties lying adjacent to the west corporate limits of the City, the same being published in full on December 15, 1977, and WHEREAS, upon the passage of said ordinance and thepublication of the . same, the area defined in said ordinance was effectively made a part of the City of Paducah, and WHEREAS, on December 16, 1977, plaintiff residents in the area newly annexed filed with the McCracken County Circuit Court a motion fora new trial and - to vacate judgment, the same coming on for hearing on March 7, 1978, and WHEREAS, on March 7, 1978, after hearing on the merits. of said motion, the McCracken County Circuit Court, Division II, entered an order wherein said Court took matters and grounds raised by the plaintiff residents in said motion under advisement until March 20, 1978, at which time the Court would formally rule _there- on, and WHEREAS, on March 20, 1978, said Court overruled plaintiff residents' _ motion, and WHEREAS, the City of Paducah is desirous of providing to the residents and the property within the newly annexed area various municipal services, and WHEREAS, the City of Paducah is further desirous of protecting its actions and the use of its employees which are necessary to provide the various municipal services to said area and its residents by clarifying and making certain from all doubt which may have arisen during the course of events which transpired from the enactment date of the effective annexation ordinance, that the area described in said ordinance is in fact within the boundaries and juris- diction of the City of Paducah, and WHEREAS, without waiving the validity of the ordinance adopted on December 13, 1977 but, while still insisting on same, in view of the foregoing premises the Board of Commissioners desires to, and does hereby, re-enact and reordain the requisite ordinance to make the following described area a part of 760 the City of Paducah, Kentucky. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the hereinafter -described.. property be annexed to, and made a part of; the City of Paducah, Kentucky; the said real- property -being more particularly described as follows: AREA ONE Beginning at the -intersection of the north right of way line of Bleich Road - with the east right -of way , ine of the Lone Oak Road (US- - 45) ;- -thence in a northerly direction with the east right of way line of Lone Oak -Road to a point where- the- south boundary of Cherokee Highlands Subdivision (as recorded in Plat -Book "D"-, Page -45 in the- McCracken County Court Clerk's Office) if projected easterly across the Lone Oak Road -would intersect the Lone Oak Road ' east right of way line thence westerly ,with said projection and the south boundary of Cherokee Highlands .Subdivision to a point 'in the east right of way line of North Friendship Road; thence with the north and east right of way line of- North Friendship Road in 'a westerly, then northerly direction to the present corporate -limits; thence beginning easterly from this point and continuing with the present- corporate limits to the northwest corner of a tract now or formerly owned by Mary Boaz (as recorded -in 'Deed Book 234, Page 10:5 in the McCracken County Court Clerk's Office); thence continuing south with the Boaz west property line to --a point in "the north right 'of way line of Bleich Road, said point also being the southwest corner of the Mary. Boaz property; thence in a "westerly, direction with the north right of- way line of- Bleich Road to the point of beginning. AREA TWO Beginning at- a -point- in the north right of way line of North Friendship Road approximately 200,feet" east of the south right of way line of .. Blandville Road. (US 62) said point also being ' a corner of the present corporate limits;: thence- in -a westerly direction with the . north and east right tof way line of. the North Friendship Road . to the point where said right of- way line intersects the center line of Perkins -Creek, said point also being, the west corner .of. Lot 1, Block C of Wood Creek Manor; Subdivision (as --record-ed _in- Plat Book "G" , - page :540 in the McCracken County Court Clerk's office) ; thence in, ,a northeasterly direction and with the center. line of Perkins Creek to a.:point in � the -north right of- way , line of Henson Road; -thence- in an easterly direction -with :the north right of way: line- of Henson Road to -a -point in the west right of way- line ayline -of. West View Drive .-located- in- West View Terrace Subdivision (as recorded in .Plat Book ".F", page- 45 in the McCracken County ..Court Clerk's office); th-ence in _a northerly direction with the west right of way line of West View Drive to--the'-point where :said right: of way --line- intersects the center line of Crooked Creek;. thence in a northwesterly -direction- with- the center "line of Crooked --Creek and :Perkins Creek to the northwest corner , of Buckner Estates Subdivision (as- recorded in Plat -Book " G" , page 6.42: in : the, McCracken County Court;.Clerk's Officer said point being in the, -:south property line of a tract owned -by :John W-. Keiler- II, et al.; -thence in a westerly direction- with the south property line of the John W Keiler,-_et -al,- tract -to the .southwest corner of said property, same being the northwest corner of property now or formerly owned by John M. Smith, Jr.-- and Tom Garrett (as recorded in Deed -Book 523, Page 327.:in the - McCracken --County Court. Clerk's Office); thence in a southerly direction with the: property line between John M. Smith, Jr. and Tom Garrett on the east. -and George Potter on the west to the northeast corner of 'a tract now or formerly owned by Dr. W:: 'Lee Titsworth - (as recorded ' in ;Deed Book 221, page 270 in the McCracken County Court Clerk's Office); thence in a westerly direction with the Dr -.:;W.. Lee Tits_worth north .property line -to the east right of way line- of Holt Road, -said point also, being the. southwest corner of" Potter Subdivision (as recorded in Plat Book "G", page 499 in the McCracken County Court Clerk's Office); thence in a northerly direction with the east right of way line of Holt Road to; the south:right of way line 'of Hinkleville -Road- (U&'60);_ thence across the Hinkleville Road (US 60) to the southwest corner of a tract now or formerly owned by J. I. Potter (as recorded in Deed Book 284, page 331 in the McCracken County Court Clerk's Office) said point being in the north right of way line of the Hinkleville Road (US 60) ; thence in a northerly direction with the west property line of said Potter tract to a point in the south property line of a tract now or formerly owned by B. D. Roberts (as recorded in Deed Book 761 318, page 471 in the McCracken County Court Clerk's Office); thence in an easterly direction with the property line between J. I. Potter on the south and B. D. Roberts on the north to the -southeast corner of the B B. D. Roberts property; thence in a northerly direction with the property line between B. D. Roberts, James P. Boats, W. V. Eddings and W. M. Milliken on' the west and J. I. Potter on the east to the southwest corner of a tract now or formerly owned by Roy O Bea- man (as recorded in -Deed Book 379, page 441 in' the McCracken' County Court Clerk's Office) ; thence in an easterly direction with the Roy 0. Beaman south property line to the west -right- of.r way line of I-24; thence -in a northerly direction with the west right of way line of I-24 to a point in the north right of way line of the P & I RR; thence in a westerly direction with the north right of way -wine `of the P ' & I RR - to the southwest corner of a tract now or formerly owned by Elmer E. Robinson (as recorded in Deed Book 427, page 195 in the McCracken County Court Clerk's office); thence in a northerly direction with the property line between Elmer E. Robinson and Henry Finch, Jr. on the east and Frederick Beyer- on the west - to the south right of way line of -the Cairo Road -(KY 305); thence across -the Cairo Road (KY 305) to the southwest corner of_:a tract' now or formerly owned- by L. B. Cruse as recorded- in Deed Book -.-22'3, page -154 in the McCracken County Court Clerk's Office.); thence in.a'-northerly direction with the property- line -between L. B. Cruse and William B : Cooper on the east -and Raymond 0. Moss and James -C. Stephens on :the west. -and with the projection of said property line to the east right of way line of 1-2-4; thence in -a southerly - direction -with the east' right of way -line -of I-24 to the northwest corner of a tract now -or, formerly owned by 'the Olivet Baptist Church (as recorded in Deed -Book 447; page --360- in the McCracken County Court Clerk's Office); thence in an easterly direction with the property line between Olivet Baptist Church, Joe T. Stice'Jake 'Huddleston, J. -R. Spears and Mont Edwards on- the south and -J: R. -Spears on the north to the northeast . corner of a tract now or formerly owned by. Mont Edwards (as recorded in -Deed Book 413, page 2541n the McCracken County Court Clerk's office); thence in a southerly- direction outherlydirection with the property line between Mont Edwards on "the- west and:.J-. R.' Spears on the- east to a- point in the north right- of way line -of -the Cairo Road:. (KY 305) said point being the southeast corner of the aforementioned Edwards tract;` thence- across henceacross the Cairo Road (KY 305) to the intersection of the south right of way line of the Cairo Road (KY 305) with the east right of way line of an industrial access road said point also being the northwest corner of a tract now or formerly owned by Earl Corder (as recorded in Deed Book 413, 'page 641 in the -McCracken County Court Clerk's Office); thence in a southerly direction with the east right of way line of said industrial access road to the southwest corner of the .Earl Corder property; thence in an easterly direction- with- the property -line between Earl Corder, - Cedar Hill Subdivision and Harry B. Davis on the north and. the ' Greater Paducah Industrial Development Association and Dexter Howell on -the south and continuing with the projection of this line across the Coleman Road to a point- in -the east right of . way line of Coleman Road; thence in a southerly, direction with the east right of way line of Coleman Road to the north right of way ` line of the old I.0 .R .R : now abandoned; thence in an easterly direction -with said north right of way line of the old abandoned I. C. R.R R. to the southeast. corner of a tract now or formerly owned by Mayme -Stewart (as recorded in ,Deed- Book 28-8, -page 256 .in -the -McCracken -County Court Clerks office) ; thence in a northerly- direction with the - property line between- Mayme Stewart on the west and the McCracken - County Park on the east to the southwest corner of . property now or formerly owned -by Mary Howell -(as recorded in :Deed Book 195 - page 46 in the, -McCracken County Court` Clerk's office); 'said point being .the northwest corner --6f the McCracken- County Park property (as recorded in Deed Book 503, page 480 -in the iMcCracken County Court. Clerk's, office); thence in an easterly direction with the, property line between Howell on the north- and -the McCracken ' - County Park on -the south to a .point in the west right -6f Way -line of Legeay Lane; thence in a northerly direction ,with the -west right of way line. of Leg ay Lane to the northeast corner of said Howell- property; thence in an easterly direction across Legeay Lane to the east right of way line of-Legeay Lane at the southwest' corner of -a "tract now or formerly- owned by Roy Gramse - (as - recotded in Deed Book 447, page 363 in the McCracken -County Court; Clerk's Office); thence" in:. an easterly 1 direction with the property line between Roy. Gramse on -the north and the McCracken County Park on the south to a point in the present corporate limits; -thence in a southerly direction with the present corporate -limits to the point -of beginning. - Also included- are lots Nos. 11 and - -12, Block No : 1. of the -'A . E. (Jack) Cole Subdivision (as recorded in Plat Book "D" , page-, 64 in the -McCracken County Court Clerk's Office. THERE IS EXCEPTED- AND EXCLUDED -FROM THE- ABOVE DESCRIBED -AREAS THE FOLLOWING DESCRIBED PROPERTY: viol PA Beginning at the intersection of the north right of way line of the North Friendship Road with the west right of way line of Buckner Lane; thence in a westerly direction and with the north right -of way .line of the North Friendship ' Road to the center line of Perkins Creek; thence in a northerly direction with the center line _. of Perkins -Creek to the north right of _. way line of Henson Road; thence in an easterly direction and with `the north -right of :way- line: ,of the Henson Road . to the - west right of way line of West View Drive, located in the West View :Terrace Subdivision; `,thence in a_ -northerly direction with the west right of way line of West View Drive to the point where said right of way line intersects the center line of Crooked Creek; thence in an easterly direction with the center line of Crooked Creek, and along the center line of Bryan Drive if extended, to the west right of way line of Buckner Lane; thence in a southerly direction with the west right of way line of Buckner Lane to the point of beginning. (The west right of Way line. of Buckner -Lane refers to that -right of, way line the furthest from the present City limits. It being the intention of the Court to - include all of rBuckner ' Lane within the area to be considered for annexation . ) SECTION 2. The City Clerk is hereby ordered to have this ordinance of annexation published in accordance with provisions of the Kentucky Revised Statutes. SECTION 3. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 4. This ordinance shall be in full force and effect from and after its adoption. Mayor . -Passed by the Board of Commissioners March 22, 1978 Recorded -by Louise McKinney,: City- Clerk, .. March 22, 19 78 .