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HomeMy WebLinkAbout2007-10-7348418 ORDINANCE NO. 2007-10-7348 AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, CHD Group, LLC, as owner and developer of certain lands located in McCracken County, Kentucky, has obtained the approval of the McCracken County Planning for the establishment of a subdivision of such lands in accordance with the "Final Plat of Grove Section 11 for CHD Group, LLC", which was filed of record with the McCracken County Court Clerk's Office on June 29, 2005, of record in Plat Section "L", page 1440; and WHEREAS, CHD Group, LLC, as the sole and exclusive owner of all of the lands located within said subdivision, has requested that the City annex the lands located within said subdivision into the City, and has expressly consented to the City enacting a final ordinance which effectuates the annexation of such lands into the City; and WHEREAS, these lands are located in an unincorporated area which is '�-- contiguous to the resent corporate limits of the City, and are urban in character and g p rP suitable for urban development without unreasonable delay; and WHEREAS, pursuant to the provisions of KRS 81A.412, the City has the statutory authority to enact a final ordinance which annexes these lands into the City, without compliance with the notice and other requirements which are otherwise set forth under KRS Chapter 81A; and WHEREAS, upon the annexation of these lands into the City, CHD Group, LLC, shall be required to construct the common improvements and facilities located within the subdivision in accordance with all applicable laws and legal requirements, and additionally, shall be required to execute a bond in the amount of $225,000.00 for the benefit of the City to secure such obligations. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City does hereby annex all of the lands located within the subdivision as depicted in the "Final Plat of the Grove Section H for CHD Group, LLC", which plat is filed of record with the McCracken County Court Clerk's Office in Plat Section "L", page 1440, to be made a part of the City of Paducah, which lands are more specifically described by the following metes and bounds description: A particular tract of land situated in McCracken County, Kentucky, on U.S. Highway 62 and Turnberry Drive, owned by CHD Group, LLC as recorded in Deed Book 339 Page 414 and Deed Book 445 Page 486, at the McCracken County Court Clerk's office and being more particularly described as follows: 419 :,I....e...,,,e.... . Beginning at a point on the former south right of way line of U.S. Highway 62, the southern limits of the City of Paducah city limits; thence from the point of beginning, along the former south right of way of U.S. Highway 62 and the Paducah city limits, North 82 degrees 31 minutes 17 seconds East a distance of 409.81 feet to a point; thence along the Paducah city limits, South 7 degrees 29 minutes 12 seconds East a distance of 61.91 feet to a point in the existing south right of way line of U.S. Highway 62; thence 54.98 feet along a curve to the right, having a radius of 35.00 feet a chord length of 49.50 feet, and a chord bearing of South 52 degrees 28 minutes 57 seconds East to a point in the west right of way of Turnberry Drive; thence South 7 degrees 29 minutes 12 seconds East a distance of 160.90 feet to a point; thence 84.61 feet along a curve to the right, having a radius of 161.60 feet, a chord length of 83.65 feet, and a chord bearing of South 7 degrees 30 minutes 49 seconds West to a point; thence 116.87 feet along a curve to the left, having a radius of 111.60 feet, a chord length of 111.60, and a chord bearing of South 7 degrees 29 minutes 12 seconds East to a point; thence 84.61 feet along a curve to the right, having a radius of 161.60 feet, a chord length of 83.65 feet, and a chord bearing of South 22 degrees 29 minutes 11 seconds East to a point; thence South 7 degrees 29 minutes 11 seconds East a distance of 45.90 feet to a point; thence North 82 degrees 30 minutes 47 seconds East a distance of 65.00 feet to a point in the south right of way of Tuscan Road; thence 31.42 feet along a curve to the left, having a radius of 20.00 feet, a chord length of 28.28 feet, and a chord bearing of South 37 degrees 30 minutes 48 seconds West to a point; thence South 7 degrees 29 minutes 11 seconds East a distance of 100.00 feet to a point; thence North 82 degrees 30 minutes 48 seconds East a distance of 197.00 feet to a point; thence South 7 degrees 29 minutes 12 seconds East a distance of 80.00 feet to a point; thence South 23 degrees 27 minutes 11 seconds West a distance of 512.37 feet to a point; thence leaving the Paducah city limits, North 67 degrees 58 minutes 33 seconds West a distance of 988.97 feet to a point; thence North 23 degrees 27 minutes 39 seconds East a distance of 762.89 feet to a point in the existing south right of way of U.S. Highway 62, also the northeast corner of the Sunshine Dairy, Inc. property as recorded in Deed Book 702 Page 725; thence North 23 degrees 27 minutes 39 seconds East a distance of 87.44 feet to the point of beginning containing 17.68 acres, more or less. As surveyed by Civil Design Group, inc., A. Clay Robinson, PLS #3219. SECTION 2. CHD Group, LLC, as the owner and developer of said lands, shall be required to construct the common improvements and facilities located within said subdivision in accordance with all applicable law and legal requirements. To secure these obligations, CHD Group, LLC shall also be required to give bond in the amount of $225,000.00 for the benefit of the City, which bond shall be in a form which is acceptable to the City. SECTION 3. The Mayor of the City of Paducah is hereby authorized to execute an annexation plat of the property to be annexed, and to do all other acts necessary to finalize this annexation. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. { Mayor ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, October 9, 2007 Adopted by the Board of Commissioners, October 23, 2007 Recorded by Tammara S. Brock, City Clerk, October 23, 2007 Published by The Paducah Sun, October 29, 2007 \ord\plan\annex&escrow — Grove Phase II I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah, Kentucky, on October 23, 2007. Tammara S. Brock, City Clerk 420