CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 1. CITY BOUNDARIES

The corporate limits and boundaries of the City of Cherryvale, Kansas, are as follows:

Beginning at the northeast corner of Lot 19 of Paxson’s Out Lot Addition;

Thence westerly along the south line of St. Louis and San Francisco Railway Company’s right of way to the line between the E/2 and the W/2 of Section 9, Township 32, Range 17 East;

Thence north along said line to its intersection with the southeast line of the St. Louis and San Francisco Railway Company’s right-of-way;

Thence southwesterly along the east line of the said right-of-way to a point where a projection of the north line of Earnest’s Addition intersects the said east line of the said right-of-way;

Thence west along said projected line to the northeast corner of Earnest’s Addition;

Thence west along the north line of Earnest’s Addition to the northeast corner of Gowdy’s Addition;

Thence north to the northeast corner of Whelan’s Sixth Addition;

Thence west along the south line of Willow Street to the east line of Labette Street;

Thence in a northeasterly direction to a point on the north line of Section 9, Township 32, Range 17 east of the 6th P.M., 505 feet east of the intersection of the north line of said section with the east line of U.S. Highway 160 and 169;

Thence westerly along the north line of said section to the intersection of said north line with the east line of US. Highway 160 and 169;

Thence southerly along the east line of said highway to north line of Pitzer’s Addition;

Thence west along the said north line of Pitzer’s Addition to the center of Liberty Street extended;

Thence South along said center of Liberty Street extended to the southeast corner of the NE/4 of Section 8, Township 32, Range 17 East;

Thence west 275 feet;

Thence south to a point 50 feet east of the northeast corner of Block 1, Whelan’s Fourth Addition;

Thence west along the north line of Whelan’s Fourth Addition to the northwest corner of said addition;

Thence north to the northeast corner of the NW/4 of the SE/4 of Section 8, Township 32, Range 17 east;

Thence west to the center of said Section 8, Township 32, Range 17 east;

Thence south along the line running north and south through the center of Section 8, Township 32, Range 17 east, to the southern boundary of Main Street extended;

Thence west 390 feet;

Thence south 350 feet;

Thence east 390 feet to said center line;

Thence south on said center line of said Section 8 and 17 to the south line of the right-of-way of the Atchison, Topeka and Santa Fe Railway Company;

Thence in a general easterly direction along the south line of said railway right-of-way to a point where said right-of-way branches to the southeast;

Thence across said branch right-of-way in a northeasterly direction to connect with the southeast line of the main right-of-way of said Atchison, Topeka and Santa Fe Railway Company, and continuing along said southeast line of said right-of-way to a point where the same intersects with the south line of Seventh Street projected;

Thence across said railway right-of-way east on said projected south line of Seventh Street to the east line of said right-of-way;

Thence South along said east line of said right-of-way to the south line of Ninth Street;

Thence continuing in a southwesterly direction along said east line of said right-of-way to a point 1,190 feet southwest of said center line of the intersection of said east line with the east and west center line of Section 16, Township 32, Range 17 east;

Thence continuing in a southwesterly direction going west to east along said east line of said right-of-way 1,190 feet;

Thence south 78 degrees 15 minutes east 650 feet;

Thence south 11 degrees 45 minutes west 300 feet;

Thence south 78 degrees 15 minutes east 350 feet;

Thence north 11 degrees 45 minutes east 500 feet;

Thence north 75 degrees 15 minutes east 425 feet;

Thence north 13 degrees 15 minutes west 750 feet;

Thence north 73 degrees 30 minutes east 425 feet;

Thence north 23 degrees 30 minutes west 245 feet, more or less, to the east and west center line of Section 16;

Thence east on said center line to the center of Section 16;

Thence north along the west line of Carson Street extended to the south line of Eleventh Street;

Thence east along the south line of Eleventh Street to the east line of the public highway, now a county road;

Thence north along said east line of said public road to the southwest corner of Rose Hill Addition;

Thence east along the south side of said Rose Hill Addition to the east line of Pine Street;

Thence north along the east line of Pine Street to a point 60 feet east and 422.91 feet south of the northeast corner of Block 2, Rose Hill Addition to the City of Cherryvale;

Thence east 103 feet;

Thence north to a point 163 feet east and 200 feet south to the northeast corner of Block 2, Rose Hill Addition to the City of Cherryva1e;

Thence east 113 feet;

Thence north 200 feet;

Thence westerly 216 feet to a point on the east line of Pine Street, said point being 60 feet east of the northwest corner of Block 2, Rose Hill Addition to the City of Cherryva1e;

Thence north to the south line of the St. Louis and San Francisco Railroad right-of-way;

Thence northwesterly along the south side of said right of way to the northeast corner of Lot 19, Paxson’s Out Lot Addition, being the place of beginning;

And beginning at the southeast corner of Government Lot 4, in the SW/4 of Section 08, Township 32S, Range 17E, Cherryvale, Montgomery County Kansas at the 6” x 9” limestone, with the east line of the SW/4 having an assumed bearing of N00-00-00E, then S89-30-00W 469.94 feet along the south section line to the east highway right-of-way line, then N05-19-33W 499.28 feet along the highway right-of-way to the northeast corner of the highway right-of-way marker, then N86-38-38W 416.11 feet to the northwest corner of the highway right-of-way marker, then N51-31-05W 88.70 feet, more or less, along the highway right-of-way, to the south line of the 80 foot road, deeded to Montgomery County, May 4, 1948, then westerly along said deed to a point on the west section line 608.27 feet north of the southwest corner of Section 08, Township 32S, Range 17E, then N01-11-21E 981.73 feet to a point 1,590 feet north of the southwest corner of said section, as identified on the condemnation notice published October 12, 1983, then east 660 feet, perpendicular to the west section line, then south 126.55 feet, parallel to the west section line, to the north line of Government Lot 8 of the SW/4 of Section 08, Township 32S, Range 17E, then east 460 feet, more or less, to the northwest corner of said Government Lot 4, then east 948 feet along the north line of Government Lot 4 to the intersection of the west highway right-of-way, recorded in Deed Book 433, Page 21, then south 18 feet, more or less, along the west highway right-of-way line to the northeast corner of the Gibson Deed, recorded in Deed Book 480, Page 395, then west 65 feet, more or less, parallel to the north line of Government Lot 4, then south 162 feet along said deed line to the existing 6” pipe, then northwesterly 43 feet along said deed to the existing 4” pipe then southerly 140.2 feet along said deed to a point 1027.3 feet north and 974.3 feet west of the southeast corner of Government Lot 4, then west 391 feet to the northwest corner of said deed, then south 400.23 feet, more or less, to the southwest corner of said deed and the north right-of-way of the 80 foot road deeded to the county, May 4, 1948, then east 1,100 feet, more or less, along the north road right-of-way, to the east line of the deed recorded in Deed Book483, Page 30, said point being 316 feet west of the east line of Government Lot 4, then N00-00-00E 203 feet, more or less, parallel to the east line of Government Lot 4, to the northeast corner of said deed, then N90-00-00W 237.46 feet to the east right-of-way of US 169, then northwesterly 495 feet, more or less, along the east highway right-of-way, to the north line of Government Lot 4, then east 635.68 feet to the northeast corner of Government Lot 4, then S00-00-00E 778 feet, along the east line of said Government Lot 4, to the northeast corner of deed recorded in Book 462, Page 130, then west 390 feet along the north line of said deed, then south 350 feet to the southwest corner of said deed, then east 390 feet to the southeast corner of said deed, then S00-00-00E 200 feet along the east line of Government Lot 4 to the point of beginning.

And all that part of Lot 4, Section 8, Township 32S, Range 17E of the 6th Principal Meridian, Montgomery County, Kansas, lying north of the north right-of-way line of County Road #5020 not previously annexed by Resolution 00-06, approved June 19, 2000 by the City of Cherryvale, and by Ordinance 00-4286, approved August 21, 2000 by the City of Cherryvale.

(Code 2001, 3-101)

For the purpose of enforcing rules and ordinances, the following described property, used as a cemetery, and within five (5) miles of the city, is also hereby included within the corporate limits of the city, and attached thereto: The N/2 of the NW/4 of the SW/4 of Section 10, Township 32, Range 17 East, Montgomery County, Kansas.

(K.S.A. 12-1402; Code 2001, 3-102)

For the purpose of enforcing rules and ordinances the following described property, used as a wastewater facility, is hereby included within the corporate limits of the City, and attached thereto, to-wit:

(a)   A tract of land located in the Southwest Quarter (SW/4) of Section 8, Township 32 South, Range 17 East of the 6th Principal Meridian in Montgomery County, Kansas, more particularly described as follows: Beginning at a point on the West line of said Section 8, 648.18 feet north of the Southwest corner of said Section 8; thence N00-00-00E., along the West line of said Section 8,941.82 feet; thence N90-00-00E, 660.00 Feet; thence S00-00-00E., 439.95 feet to an existing 8 inch diameter steel corner post; thence S.2027’27’’E’’, along an existing property line 263.08 feet; thence S88-58-08E, along an existing property line, 460.00 feet, thence S00-00-00E, 460.23 feet to the centerline of an existing county road; thence S86-56-33W., along the centerline of an existing county road 1573.30 feet to the point of beginning, containing 26.95 acres, more or less, including road rights-of-way, Montgomery County, Kansas, and

(b)   The S/2 of the NE/4 of Section 7, Township 32 South, Range 17 East, Montgomery County, Kansas

(Code 2001, 3-103)

For the purpose of enforcing rules and ordinances, the following described property, used for the purpose of collecting water and supplying same to the inhabitants of the city and within five (5) miles of the city, is hereby included within the corporate limits of the city, and attached thereto, to wit:

That part of the SE/4 of Section 4, Township 32, Range 16 East, which lies west of the center of the Verdigris River, containing 20 acres, more or less, Montgomery County, Kansas; also Twenty acres, more or less, lying in the SE/4 of Section 4, Township 32, Range 16 East, more fully described as follows: commencing 62 rods west of the southeast corner of such Section 4; thence North to the center of Irish Creek; thence down the center of said creek to the center of the Verdigris River; thence down the center of the Verdigris River to the south line of said Section 4; thence East to the place of beginning, Montgomery County, Kansas; also

Commencing at a point 562 feet east and 60 feet south of the northwest corner of the NE/4 of Section 21, Township 32, Range 17 East; thence South 50 feet; thence East 50 feet; thence North 50 feet; thence West 50 feet to the place of beginning, Montgomery County, Kansas.

(Code 2001, 3-104)

For the purpose of enforcing rules and ordinances the following described property, used as a public burning ground and for ingress and egress thereby, and within five (5) miles of the city, is hereby included within the corporate limits of the city, and attached thereto, to-wit:

A strip of land 30 feet wide off the west side of the NE/4 of Section 22, Township 32, Range 17 East; also a tract of land described as follows: beginning at a point 30 feet east of the northwest corner of the SE/4 of Section 22, Township 32, Range 17 East; thence South 30 feet; thence in a Southeasterly direction to a point 60 feet south of the center of the west end of the dam on said premises; thence in a Southeasterly direction, ‘at all points 60 feet south of the centerline of said dam, to a point directly south of the east side of the spillway of said dam; thence South to the south line of the north 25 acres of the NW/4 of the SE/4 of said Section; thence West on the south line of said 25-acre tract to the southwest corner thereof; thence North on the west line of said tract to the center of said Section 22; thence East to the point of beginning, Montgomery County, Kansas.

(Code 2001, 3-105)