HomeMy Public PortalAboutOrdinance 25-2020ORDINANCE 25-2020
AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN SOUTH CLEVELAND AVENUE
AND SOUTH ELM STREET IN THE CITY OF HOPKINSVILLE, KENTUCKY
SUMMARY
NOW, THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
HOPKINSVILLE, KENTUCKY AS FOLLOWS:
SECTION ONE
Pursuant to KRS 82.405 this section identifies the property owners abutting the alley to be
closed as Christian County Fiscal Court and Pennyroyal Mental Health Center. It further
acknowledges the abutting property owners were given written notice of the proposed closing and
the property owners gave written, notarized consent to the alley closing. Copies of the consents
were attached to the full text of the ordinance as Exhibit A and incorporated therein by reference.
SECTION TWO
This section states the unnamed 10-foot wide alley (known as Karl Alley) extending 183 feet
east from South Cleveland Avenue to South Elm Street, consisting of approximately 1,830 square
feet (0.042 acre), is hereby closed forever as a public way. A copy of Exhibit B more particularly
describing the alley to be closed is attached hereto. This section further lists restrictions and/or
conditions under which the alley is to be closed.
The full text of this Ordinance is on file in the office of the undersigned City Clerk of the City
of Hopkinsville at 715 South Virginia Street, Hopkinsville, Kentucky, where it is available for public
inspection between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday.
ORDINANCE 25-2020 SUMMARY
CLOSE UNNAMED ALLEY -BETWEEN SOUTH CLEVELAND AVENUE AND SOUTH ELM
STREET
PUBLICLY READ AND PASSED FIRST TIME: July 21. 2020
PUBLICLY READ AND PASSED SECOND TIME: August 4. 2020
APPROVE
Wendell A. Lynch
Mayor
ATTEST: M
Christine M. Fletcher, MMC
City Clerk
I, H. Douglas Willen, hereby certify I am an Attorney licensed to practice law in the
Commonwealth of Kentucky, my office is located at 317 West Ninth Street, Hopkinsville,
Kentucky 42240. 1 further certify the foregoing summary of Ordinance 25-2020, of the City of
Hopkinsville, Kentucky, was prepared in accordance with the requirements of KRS
83A.060(9), and is a true and accurate summary of the contents�j4 or�inpnce.
H. Doua'las Willen
Ordinance 25-2020 Summary
Page 1 of 1
Prepared by City Clerk's Office
ORDINANCE 25-2020
AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN SOUTH CLEVELAND
AVENUE AND SOUTH ELM STREET IN THE CITY OF HOPKINSVILLE, KENTUCKY
WHEREAS, Community and Development Services made a favorable recommendation
at their June 29, 2020 meeting for City Council to approve Alley Closing Application AC20-5-1,
pursuant to KRS 100.324 and 82.405, as requested by Christian County Fiscal Court.
NOW, THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
HOPKINSVILLE, KENTUCKY AS FOLLOWS:
SECTION ONE
Hopkinsville City Council hereby makes findings of fact pursuant to KRS 82.405(2)(a)
that Christian County Fiscal Court and Pennyroyal Mental Health Center are the only property
owners abutting the unnamed alley to be closed; and
Hopkinsville City Council hereby further makes findings of fact pursuant to KRS
82.405(2)(b) and (c) that Christian County Fiscal Court and Pennyroyal Mental Health Center
were given written notice of the proposed closing and further, acting by and through their duly
authorized agents, have given written, notarized consent to the alley closing, copies of which
are attached hereto and incorporated herein by reference as Exhibit A.
SECTION TWO
That the unnamed 10-foot wide alley (known as Karl Alley) extending 183 feet east from
South Cleveland Avenue to South Elm Street, consisting of approximately 1,830 square feet
(0.042 acre), more particularly described as attached hereto and incorporated herein by
reference as Exhibit B, is hereby forever closed as a public way, subject to the following
restrictions and/or conditions.
Utility Compliance: The applicant shall comply with all requirements of the
various public and private utilities including 100% financial responsibility for
relocating any utility lines/equipment (including storm drains) as requested.
2. Easements: Proper easements are to be provided to utility companies who have
lines or services that are found within the alleyway. In addition, the City shall
reserve all necessary easements within the alley right-of-way prior to closure.
Existing utilities shall be identified and appropriately marked prior to closure.
3. Alley Closure Procedures: The applicant must follow the required procedures to
properly close this alley.
4. An abandonment plat will be submitted to Community and Development Services
for review, approval, and recording.
5. A consolidation plat with a three foot wall maintenance easement in favor of the
adjacent property owners will be submitted to Community and Development
Services for review, approval, and recording.
Ordinance 25-2020
Page 1 of 2
Prepared by City Clerk's Office
6. Conveyance of the alleyway to any party short of consolidation with an adjoining
property is prohibited.
7. Each alley closure request should be reviewed on a case -by -case basis as to the
characteristics the closure will have on City streets, traffic patterns, and City
development.
8. Any changes or modifications of conditions by the applicant under which this
alley closure is granted will void the recommendation.
SECTION THREE
If any section, subsection, sentence, clause or phrase of this ordinance is held
unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining
portions of this ordinance.
SECTION FOUR
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION FIVE
This ordinance shall take effect after its passage and publication according to law.
ORDINANCE 25-2020
CLOSE UNNAMED ALLEY -BETWEEN SOUTH CLEVELAND AVENUE AND SOUTH ELM
STREET
PUBLICLY READ AND PASSED FIRST TIME: July 21, 2020
PUBLICLY READ AND PASSED SECOND TIME: August 4, 2020
APPROVE
Wendell A. Lynch ' •-
Mayor `
ATTEST: A&
Christine M. Fletcher, MMC
City Clerk
Ordinance 25-2020
Page 2 of 2
Prepared by City Clerk's Office
Exhibit A
VERIFIED REQUEST AND CONSENT FOR ALLEY CLOSING
AND WAIVER OF DAMAGES
COMES NOW 6&AD Dy4t) , acting by and through
W"Poyowm) opd)
its duly authorized agent(s), and after being duly sworn, states as follows:
1. 1 am the owner of real property located at wuj41N5rET4*E0 S A4 S Eft
Vomelp
2. C+►+e s'iT +Nw Cyr+" Y is in receipt of written notice from the City of Hopkinsville of its proposed closure of
+u W'il * t+t.3 �'° in Hopkinsville, KY. �gf
(plsa�'vndNbYabeox 1 !
3. owns the land abutting the $$ of _ Km tw "Y
which is to be closed y the City of Hopkinsville.
4. Q%-WfhT14►+ LuvArrY desires closure of that portion of Kwyr which
(PMP*O-W) lUeeDVftd N4y"CtW1
is gore particularly described in the plat attached hereto and incorporated herein by reference.
JPMAdy0WW1
owns the property designated on said plat, which property is a portion of the property described in its deed recorded in Deed
Bopk , Page , Deed Book , Page , Deed Book , Page , and Deed Book , Page ,
Christian County Court Clerk's Office.
5. On behalf of C-*#4et 5;nA JVeVAM I request that the City of Hopkinsville close said portion of
(P-Mly oy*M)
tL$i�q_ _ _ and Vm1 k,e. consents to this action.
00W,PLm of kar a ix Ckn-Wi )P%0q 9r,wi
6. 1 acknowledge that I have been advised by the City that, under Kentucky law, _. C has a claim for
damages in connection with the dosing of this portion of 4 V-
d +� so be Cxx.ed}
i. In consideration of the City's closure of the subject portion of
�O�upthn d lhy n W Chudi
hereby waives any claim for damages against the City.
& 1 certify that I have been authorized by L NWISTtOli to execute this document.
TITI ! -4yG
COUNTY OF CHRISTIAN
} sct
STATE OF KENTUCKY }
Subscribed and sworn to before my by J&!J the
of Unr gvl this I lit day of %:VXA
My commission expires: O" - O$- aaail
C&Jgla M.
NOTARY?PUBLIC
L.fG&i(SEAL)
a� .
NOTARY ID NUMBER
Exhibit A
VERIFIED REQUEST AND CONSENT FOR ALLEY CLOSING
AND WAIVER OF DAMAGES
COMES NOW acting by and through
0�0'
it duly authorized agent(s), and a being duly swom, states as follows:
1. I am the owner of real property located at Inn
u�ar�.a�
2. e ]y sir+ c. n &.,�� is in receipt of written notice from the City of Hopkinsville of its proposed closure of
ft"OW
��\ . �1 A. - IOCG-�cC� log,-i-k_c�l.) L-4Ah 'X in Hopkinsville, KY.
{aewpllo, d Hby w be cxoe.�
30&,O�Zl m N owns the land abutting the 1 Q 3 of L 11\r �k
which is to be closed by the City of Hopkinsville.
desires closure of that portion of i Who
S'�tlo.+arl I�xeruna,n ac.�
is more particularly described in the plat attached hereto and 'incorporated herein by reference. C k y, ft; ,
e
owns the property designated on said plat, which property is a portion of the property described In Its deed recorded In Deed
Book . Page . Deed Book , Page . Deed Book . Page _ and Deed Book Page
Christian County Court Clerk's Office.
5. On behalf of I request that the City of Hopkinsvile close said portion of
cr�go,�n.�
)A1 A1 tlr. -- - _ and YttAG consents to this action.
r-rt6. 1 acknowledge that I have been advised by the City that, under Kentucky low, rLH G - has a claim for
damages In connection with the closing of this portion of 1 �,
17caYm" iA A.M—n
7. In consideration of the City's closure of the subject portion of k-C L Po'ke"
hereby waives any claim for damages against the City. dam
8. 1 certify that I have been authorized by _{'ant : �ctrs _ -�. fa execute this document
0�3
BY
TITLE. 4C6�
COUNTY OF CHRISTIAN
} sct
STATE OF KENTUCKY )
Subscribed and swom to before my by 9.r►G emnIrx� the 0 Eo_
❑t��nrx i acl CP_OiL. this day of
Mycommlsslonexpires: �916 2d02i?2
NOTARY P LIC
LD 1 L&(SEAT.)
NOTARY ID NUMBER
Exhibit B
AC20-5-1, Christian County Jail
Page 5 of 9
AFFP
ORDINANCE 25-2020
Affidavit of Publication
STATE OF KY) SS
COUNTY OF CHRISTIAN )
Bobbie Fisher, being duly swom, says:
That she is Accounting Clerk of the Kentucky New Era, a
daily newspaper of general circulation, printed and
published in Hopkinsville, Christian County, KY; that the
publication, a copy of which is attached hereto, was
published in the said newspaper on the following dates:
August 12, 2020
That said newspaper was regularly issued and circulated
on those dates.
SIGNED:
Accounting Clerk
Subscribed to and sworn to me this 12th day of August
2020.
Melanie Miller, , Christian County, KY
My commission expires: September 26, 2023
00149957 00729565
Tiffany Terrell
25NE-City of Hopkinsville
PO Box 707
HOPKINSVILLE, KY 42241
gz�: IAOTAR,
�OUBLIG
ORDINANCE 25-2020
AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN SOUTH
CLEVELAND AVENUE AND SOUTH ELM STREET IN THE CITY OF
HOPKINSVILLE, KENTUCKY
SUMMARY
NOW, THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
HOPKINSVILLE, KENTUCKY AS FOLLOWS:
SECTION ONE
Pursuant to KRS, 82.405 this section identifies the property owners abutting the alley
to be dosed as Christian County Fiscal Court and Pennyroyal Mental Health Center.
It further acknowledges the abutting property owners were given written notice of the
proposed closing and the property owners gave written, notarized consent to the
alley closing. Copies of the consents were attached to the full text of the ordinance
as Exhibit A and Incorporated therein by reference.
SECTION TWO
This section states the unnamed 10-foot wide alley (known as Karl Alley) extending
183 feel east from South Cleveland Avenue to South Elm Street, consisting of
approximately 1,830 square feet (0.042 acre), Is hereby closed forever as a public
way. A copy of Exhibit B more particularly describing the alley to be closed is
attached hereto. This section further lists restrictions and/or conditions under which
the alley is to be closed.
The full text of this Ordinance is on file in the office of the undersigned City Clerk of
the City of Hopkinsville at 715 South Virginia Street, Hopkinsville, Kentucky, where it
is available for public inspection between the hours of 8:00 a.m. to 4:30 p.m.,
Monday through Friday.
ORDINANCE 25-2020 SUMMARY
CLOSE UNNAMED ALLEY -BETWEEN SOUTH CLEVELAND AVENUE AND
SOUTH ELM STREET
PUBLICLY READ AND PASSED FIRST TIME: July 21, 2020
PUBLICLY READ AND PASSED SECOND TIME: August 4, 2020
APPROVED: /s/ Wendell A. Lynch
Wendell A. Lynch
Mayor
ATTEST: /a/ Christine M. Fletcher
Christine M. Fletcher, MMC
City Clerk
I, H. Douglas Willen, hereby certify I am an Attorney licensed to practice law in the
Commonwealth of Kentucky, my office is located at 317 West Ninth Street,
Hopkinsville, Kentucky 42240. 1 further certify the foregoing summary of Ordinance
25-2020, of the City of Hopkinsville, Kentucky, was prepared in accordance with the
requirements of KRS 83A.080(8), and Is a true and accurate summary of the
contents of sold ordinance.
/a/ H. Douglas Wlllen
H. Douglas Willen