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HomeMy WebLinkAbout2022-04-8732ORDINANCE NO. 2022-04-8732 AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING 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, the property, approximately 1.526 acres of land located at 5250 U. S. Highway 60 West, and 5266 U. S. Highway 60 west, is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, the owners of said property, The Overland Group, has requested said consensual annexation in writing to the Board of Commissioners, and they intend to take advantage of the City of Paducah Real Estate Property Tax reimbursement and the Sanitation Pick-up incentives; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: LEGAL DESCRIPTION OF TRACTS A, B AND C 1.526 ACRES TO BE ANNEXED Lying on the Southerly side of U.S. Highway 60 and being the DGW Investments property recorded in Deed Book 1339, page 174 and the Store Master Funding XIV LLC Property recorded in Deed Book 1357, page 377, McCracken County Court Clerk's office, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at an existing ''/2' rebar with cap 2900 in the Southerly right-of-way line of U.S. Highway 60 at the Northeasterly corner of the DGW Investments property per Deed Book 1339, page 174 and the Northwesterly corner of the Banterra Bank property per Deed Book 945, page 521 and at a corner to the existing Corporate Limits to the City of Paducah, said point being S 72°55'00" W as measured along the Southerly right-of-way line of said U.S. Highway 60 a distance of 178.40 feet from an existing 1/Z" rebar with cap (illegible) at its intersection with the Westerly right-of-way line of Olivet Church Road; THENCE FROM SAID POINT OF BEGINNING Southeastwardly with the Easterly line of said DGW Investments Property per Deed Book 1339, page 174 and the City of Paducah Corporate Limits for the following 2 calls: S 8°50'39" E 99.63 feet to an existing 1/2" rebar with cap 2900; and S 16'18'02" E 100.01 feet to an existing concrete monument (broken and disturbed) at the Southwesterly corner of aforesaid Banterra Bank property per Deed Book 945, page 521 and a corner to aforesaid Corporate Limits to the City of Paducah; thence S 20°00'42" W and continuing with the Easterly line of said DGW Investments property per Deed Book 1339, page 174, a distance of 76.38 feet to a %z°' rebar with cap 3861 set at the Southeasterly corner thereof: thence N 83°01'09" W with the Southerly line of said DGW Investments property 153.42 feet to an existing /z" rebar with cap 2105 at the Southwesterly corner thereof and the Southeasterly corner of the Store Master Funding XIV LLC property per Deed Book 1357, page 377; thence N 82°57'24" W with the Southerly line of said Store Master Funding XiV LLC property 178.14 feet to an existing 1/2" rebar with cap 2900 at the Southwesterly corner thereof, thence N 5'21'17" E with the West line of said Store Master Funding XIV LLC property 13 5.48 feet to an existing 1/2" rebar with cap 3445 at the Northwest corner thereof and in the Southerly right-of-way line of aforesaid U.S. Highway 60 and aforesaid Corporate Limits to the City of Paducah; thence N 73°14'00" E with the Southerly right-of-way line of said U.S. Highway 60 and said City of Paducah Corporate Limits line 139.10 feet to an existing 1/2" rebar with cap 2900 at the Northeast corner of said Store Master Funding XIV LLC property and the Northwest corner of aforesaid DGW Investments property per Deed Book 1339, page 174; thence N 73°00'57" E and continuing with said Southerly right- of-way line and said Corporate Limits to City of Paducah 9.25 feet to a''/2' rebar with cap 3861 set at an angle point in said Southerly right-of-way line; thence N 73°00'56" E and leaving said Southerly right-of- way line and also continuing with said corporate limits line to the City of Paducah 51.95 feet to a mag nail with washer 3861 set in said Southerly right-of-way line to U.S. Highway 60 that is 112 feet tangent and Southeastwardly therefrom centerline Highway Station 324+80; thence N 73°00'57" E and continuing with the Southerly right-of-way line of said U.S. Highway 60 and said Corporate Limits to City of Paducah 112.36 feet to the Point of beginning and containing 1.526 Acres and shown as Tracts A, B, and C on "Annexation Plat for Store Master Funding XTV LLC, DGW Investments and Commonwealth of Kentucky" dated March 31, 2022. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 5. This ordinance shall be read on tw se arate days and will become effective upon summary publication pursuant to KRS Cha to /J4. Bray, Mayor ATTEST: � �mdsay Parish ity Clerk Introduced by the Board of Commissioners, April 12, 2022 Adopted by the Board of Commissioners, April 26, 2022 Recorded by Paducah City Clerk, April 26, 2022 Published by The Paducah Sun, April 29, 2022 OWPlanW Amex — Consensual 5250 and 5266 U.S. Highway 60 West CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance 2022-04-8732 adopted by the Board of Commissioners of the City of Paducah at a meeting held on April 26, 2022. WITNESS, my hand and seal of the City of Paducah, this ;W day of April, 2022. mdsay Parish �ity Clerk