HomeMy WebLinkAbout78-5-1567870
ORDINANCE NO. 78-5-1567
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH
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, 1.977,..and
WHEREAS,. upon .the passage, of -said ordinance -and the publication, of -the
same, the area .defined in. sa d_brdinance 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 for -_a .new trial .and„_:_._,...,
to vacate judgment, the same coming -on for hearing on March 7, 1978, and
WHEREAS,. on March 7,, 1.978, 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 _C.ity, 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
the City of Paducah, Kentucky.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
871
SECTION 1. That the hereinafter described property be annexed to, and
made a partof, 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 line 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,r then northerly direction to -
the present corporate limits; thence beginnings 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 of 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 CreekManor Subdivision as recorded in Plat Book 11G", 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 6f --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 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); 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 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 642 in the McCracken County
Court Clerk's Office) 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 Titsworth 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 (US 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 I 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
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.- 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
872
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 O. Beaman south property
line to the west right of .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 line of : the - P.., & I RR
to the southwest cornar: of a tract now or formerly owned, by Elmer -E.. --Robinson
(as recorded -in Deed --Book 42-7,- page 195 in -thee -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 3.05); 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 --223, • 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 O.' -Moss and James C.
Stephens on the west and with the projection of said property line to the east right
of way line of I-24; 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 254 in the McCracken County Court Clerk's office); thence in a southerly
direction 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,Ahe- aforementioned :Edwards tract; thence
across 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 anAndustrial access
road said point also being the northwest corner of a tract now or formerly owned
by Earl -Corder (as -recorded 'in- Deed,Book X413, 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 . C .R .R . now abandoned;
thence in an easterly direction with said north right of way line of the old abandoned
I . C . R . R . to the southeast corner of a tract now or formerly owned by Mayme Stewart
(as recorded in Deed Book 288, page 256 in the McCracken County Court Clerk's
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 -& the> `McCracken : County Park - property:-) (asp recorded in Deed Book
503, page 480 in the McCracken County Court Clerk's office); thence in an easterly
direction' with.: thew., '.property- -line between Howell. on -.the north -and the McCracken
County Park on the south to a point in the west right of way line of Legeay Lane; thence
in a northerly direction with the west right of way :line. o£•-Leg-eay 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 recorded in Deed Book 447, page 363 in the
McCracken County Court Clerk's Office); thence in an easterly 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:
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
873
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`Iright -of
way :line -of Buckner Lane refers 'to that right of way line the
-7furthest; from -thee present City 'limits
It-:being'tlie'intentori of
-the .Court to include ali'" of Buckner Lane within the area to be "
considered for annexation . )
- SECTION Z. The' City Clerk is hereby -ordered 16 --have, this ordinance
of:annexation published- in accordance with. - provisions of _the Kentucky Revised
Statutes-.- _
-:SEC"TION
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 inv.alldity of .such -section; paragraph or'- provision `shall .riot- 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
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