HomeMy WebLinkAbout91-5-4612193
ORDINANCE NO. 91-5-4612
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF
PADUCAH, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY, AND DEFINING ACCURATELY THE
BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID
CORPORATE LIMITS.
WHEREAS, three tracts of property south of and
adjacent to the present city limits, in proximity of Berger
Road, is urban in character and suitable for development for
urban purposes without unreasonable delay.
WHEREAS, the property is contiguous to the present
corporate limits of the City, and it is desirable and
necessary to annex the hereinafter described property.
WHEREAS, said tracts of land is not within the
boundary of another incorporated city.
WHEREAS KRS 81A.412 provides that a city may annex
any area which meets the necessary requirements if each of
the owners of record of such land consent in writing to the
annexation.
WHEREAS, the owners have requested such annexation
in writing to the Mayor and Board of Commissioners of the
City of Paducah.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That it is the intent of the City of
Paducah, Kentucky to annex the hereinafter described
property, and therefore, that the hereinafter described
property be annexed to, and be made a part of, the City of
Paducah, Kentucky; the said real property being more
particularly and accurately described as follows:
TRACT I
Being Lots Number 1, 2, 3, 4, and 5 as
set forth on the waiver of subdivision
plat for the Joe Shane property of
record in Plat Book "J", page 1495. A
joint ownership in common to the common
areas of Stonebrook Townhouses as set
forth in Plat Books "J", page 753; "J",
page 784; and "J", page 1495.
194
TRACT II
Being Tract III as shown by waiver of
subdivision of record in Plat Book "J",
page 348, McCracken County Clerk's
Office.
LESS AND EXCEPT that property conveyed
to Baptist Hospitals, Inc., d/b/a
Western Baptist Hospital, by deed dated
December 1, 1988 and recorded in Deed
1� Book 721, page 337, McCracken County
Clerk's Office and by deed of correction
dated December 28, 1988 and recorded in
Deed Book 723, page 322, in said clerk's
office.
TRACT III
Being a part of Lots "D" and "E" for the
division of the Grundy lands. A plat
showing said division is recorded in
Order Book "V", page 270, McCracken
Circuit Court Clerk's Office; and being
Lots Nos. 5 and 6, and part of Lots 7
and 8 of the division of the lands of
E. C. Ross, deceased, in the McCracken
Circuit Court. A plat showing said
division is recorded in Order Book "E",
page 123, aforesaid clerk's office; and
beginning at a stake or stone 16 feet
from a large oak tree. (Trimble's
original corner); thence South 73
degrees East and with the line dividing
the tract or parcel of land herein
conveyed and the tract or parcel of land
belonging to the J. R. Smith estate,
(the Smith estate line calls for South
70 degrees East) 1274 1/2 feet to a
stake or stone in the West side or line
of Oak Avenue; thence North 20 degrees
East and with the West side or line of
Oak Avenue, (a recent survey of Oak
Avenue gives it as North 16 degrees
East) 579.2 feet to a stake or stone in
the West line of said Oak Avenue and
common corner to the tract or parcel of
land herein conveyed and a tract or
parcel of land conveyed by Mamie
Rigglesberger and husband, J. W.
Rigglesberger, to Alva Scopes, by deed
dated November 8, 1904, and recorded in
Deed Book No. 73, page 620, McCracken
County Clerk's Office; thence North 70
degrees West and with the line dividing
the tract herein conveyed and the tracts
or parcels of land belonging to Alva
Scopes and Clara Vought 1,034 feet to a
stake or stone in the East line of a 40
foot roadway or passway leading from the
herein -described tract or parcel of land
to Maple Avenue, sometimes called
"Berger Road", thence North 16 degrees
East and with the Easterly side or line
of said 40 foot roadway or passway and
with the line of Clara Vought and Mrs.
Trainor 738 feet to the Southwesterly
side or line of said Maple Avenue or
Berger Road, a stake or stone in the
line of said road; thence North 70
degrees West, and with the Southwesterly
line or side of said road; thence South
195
16 degrees West and with the Westerly
line or side of said road and the line
of D. R. Smalley and C. E. Jennings 738
feet to a stake or stone in said road
(and in the line herein which is given
as North 70 degrees West); thence North
70 degrees West and with the line
dividing the herein described tract and
C. E. Jennings 233 1/2 feet to a common
corner to the land herein described and
-� said C. E. Jennings; thence South 17
degrees West and with the line dividing
the tract herein conveyed and that of
C. E. Jennings and J. R. Smith estate
586.5 feet to the point of beginning,
containing 18 1/2 acres and being the
same property conveyed to T. A. Miller
by Foreman Automobile Company by deed
dated September 19, 1917, of record in
Deed Book No. 113, page 332, in
McCracken County Clerk's Office, and
being the same property conveyed to Milo
Rector and wife, Margaret Rector, by
T. A. Miller by deed dated August 2,
1918, and recorded in Deed Book 117,
page 476, McCracken County Clerk's
Office.
LESS AND EXCEPT:
That parcel of land conveyed to Leon
Higdon, Jr. and his wife, Patricia A.
Higdon, by deed dated June 25, 1980, of
record in Deed Book 629, page 467, and
more particularly described as follows:
i
From a point in the West right-of-way
line of Oak Street at the projected
centerline of Tulipwood Drive, thence
following the West right-of-way line of
Oak Street North 19 degrees 26 minutes
14 seconds East, a distance of 836.63
feet to an existing iron pin being the
Northeast property corner of the J.
Ramsey Martin property, thence North 70
degrees 48 minutes 47 seconds West, a
distance of 678.02 feet to an iron pin
set this survey at the Northwest
property corner of the J. Ramsey Martin
property and being the point of
beginning of this property description.
Beginning at the above-described point
of beginning South 19 degrees 45 minutes
40 seconds West a distance of 595.92
feet to an iron pin set this survey at
the Southwest property corner of the J.
Ramsey Martin property, thence North 70
degrees 33 minutes 27 seconds West, a
distance of 585.00 feet to an existing
iron pin, thence North 19 degrees 42
minutes 50 seconds East, a distance of
276.14 feet to an existing concrete
monument, thence North 19 degrees 48
minutes 42 seconds East, a distance of
314.73 feet to an existing concrete
monument, thence South 71 degrees 03
minutes 32 seconds East, a distance of
233.64 feet to an existing concrete
monument, thence North 14 degrees 05
minutes 46 seconds East, a distance of
214.29 feet to an existing concrete
monument, thence North 14 degrees 05
minutes 04 seconds East, a distance of
493.83 feet to an existing iron pin in
the South right-of-way line of Berger
Road, thence following the South right-
of-way line of Berger Road South 70
degrees 41 minutes 29 seconds East, a
distance of 37.85 feet to an existing
iron pin, thence leaving the right-of-
way of Berger Road South 14 degrees 05
minutes 46 seconds West, a distance of
733.59 feet to an existing fence post,
thence South 70 degrees 48 minutes 47
seconds East a distance of 313.64 feet
to the point of beginning and enclosing
an area of 375.106 square feet or 8.611
acres, more or less.
(See Waiver of Subdivision plat of
record in Plat Book "J", page 1045,
McCracken County Clerk's Office.)
Being a part of the same property
conveyed to Joe Shane and wife, Pam
Shane, by deed dated April 4, 1989, of
record in Deed Book 725, page 634,
McCracken County Clerk's Office.
SECTION 2. This ordinance of annexation shall be
read on two separate days and upon publication the territory
described above shall become a part of the City of Paducah,
Kentucky for all purposes.
-i
F. -/�" fr-�-rr�
GERRY . MONTGOMERY
Mayor
Introduced by the Board of Commissioners on May 14, 1991.
Adopted by the Board of Commissioners on May 21, 1991.
Recorded by Lenita Smith, City Clerk, on May 21, 1991.
Published by The Paducah Sun S - _'�_-2- q /
196