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HomeMy WebLinkAbout2023-05-8775ORDINANCE NO. 2023-05-8775 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 1.47 acres of land located at 252 Locust Avenue, 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, on January 27, 2023, the owner of said property, Mr. George Sullivan, requested said consensual annexation in writing to the Board of Commissioners through the Paducah Planning Department; 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, in accordance with Senate Bill 141, the property owner made a request for annexation of his or her property, the property is contiguous to the existing city boundary, and the city has provided written notice to the fiscal court wherein the property is located at least 45 days prior to enacting a final ordinance annexing the property or has received concurrence for the annexation from the fiscal court; 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 COMMENCING AT A 4" X 4" CONCRETE MONUMENT FOUND IN THE NORTHERLY LINE OF THE PEBCO, INC. PROPERTY (DEED BOOK 1195, PAGE 61), AT THE SOUTHWEST CORNER OF THE GEORGE G. SULLIVAN REVOCABLE TRUST PROPERTY (DEED BOOK 1496, PAGE 142); THENCE, N 84° 16'04" E, ALONG SAID PEBCO INC. PROPERTY, FOR A DISTANCE OF 168.79 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING HAVING A NORTHING OF 3571931.57, AND AN EASTING OF 4068087.48 ACCORDING TO THE KENTUCKY CORS REAL- TIME NETWORK KENTUCKY SINGLE ZONE STATE PLANE COORDINATE SYSTEM (1600); THENCE, N 05'42'02" W, LEAVING SAID PEBCO INC. PROPERTY FOR A DISTANCE OF 157.93 FEET TO A POINT IN THE SOUTHERLY LINE OF THE ON-SITE DEVELOPMENT, LLC PROPERTY (DEED BOOK 1469, PAGE 661); THENCE, N 84° 1758" E, ALONG SAID ON-SITE DEVELOPMENT PROPERTY AND THEN CROSSING COLEMAN ROAD FOR A DISTANCE OF 393.65 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY OF SAID COLEMAN ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) CALLS: S 09° 57'08" E FOR A DISTANCE OF 153.26 FEET TO A POINT; THENCE, N 79° 58'32" E FOR A DISTANCE OF 19.58 FEET TO A POINT; THENCE, S 09° 58'57" E FOR A DISTANCE OF 6.36 FEET TO A POINT; THENCE, S 84° 16'04" W, LEAVING SAID EASTERLY RIGHT-OF- WAY, CROSSING THE AFOREMENTIONED COLEMAN ROAD, AND THEN ALONG THE AFOREMENTIONED PEBCO INC. PROPERTY; A DISTANCE OF 425.01 FEET TO THE POINT OF BEGINNING. CONTAINING 1.47 ACRES, MORE OR LESS, ACCORDING TO A SURVEY BY WEST KENTUCKY LAND SURVEY, UNDER THE SUPERVISION OF ANDREW C. JULIAN, KENTUCKY PROFESSIONAL LAND SURVEYOR NUMBER 4133, DATED 3-22-2023. 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 two arate days and will become effective upon summary publication pursuant to KRS Chapter4 George Bray, ATTEST: mdsay Parish City Clerk Introduced by the Board of Commissioners, April 11, 2023 Adopted by the Board of Commissioners, May 23, 2023 Recorded by Paducah City Clerk, May 23, 2023 Published by The Paducah Sun, June k 2023 ORD\P1an\Annex — Consensual 252 Locust Avenue 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 the Ordinance No. 2023- 05-8775 adopted by the Board of Commissioners of the City of Paducah at a meeting held on May 23, 2023. WITNESS, my hand and seal of the City of Paducah, this �) day of June, 2023 dsay Parish, , i y Clerk