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Ordinance 25-2020 Alley ClosingORDINANCE 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