HomeMy Public PortalAboutOrdinance 24-2020ORDINANCE 24-2020
AN ORDINANCE CLOSING A PORTION OF THE RIGHT-OF-WAY 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 owner abutting the portion of the
street to be closed as Christian County Fiscal Court. It further acknowledges the abutting property
owner was given written notice of the proposed closing and the property owner gave written,
notarized consent to the street closing. A copy of the consent was attached to the full text of the
ordinance as Exhibit A and incorporated therein by reference.
SECTION TWO
This section states the portion of the 50-foot street right-of-way extending approximately 183
feet east of the eastern right-of-way of South Cleveland Avenue and stopping at the western right-of-
way of South Elm Street, consisting of approximately 9,150 square feet (0.21 acre), is hereby closed
forever as a public way. A copy of Exhibit B more particularly describing the street to be closed is
attached hereto. This section further lists restrictions and/or conditions under which the street 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 24-2020 SUMMARY
CLOSE PORTION OF RIGHT-OF-WAY 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:
Wendell A. Lynch
Mayor
du4w-
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 24-2020, 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 4 §Qd rgr0)gnce.
H. DoudlAs Willen
Ordinance 24-2020 Summary
Page 1 of 1
Prepared by City Clerk's Office
ORDINANCE 24-2020
AN ORDINANCE CLOSING A PORTION OF THE RIGHT-OF-WAY 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 Street Closing Application SC20-5-1,
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 is the only property owner abutting the unnamed street 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 was given written notice of the proposed
closing and further, acting by and through their duly authorized agent, Brad Boyd, Jailer, has
given written, notarized consent to the street closing, a copy of which is attached hereto and
incorporated herein by reference as Exhibit A.
SECTION TWO
That the portion of the 50-foot street right-of-way extending approximately 183 feet east
of the eastern right-of-way of South Cleveland Avenue and stopping at the western right-of-way
of South Elm Street, consisting of approximately 9,150 square feet (0.21 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 street. In addition, the City shall
reserve all necessary easements within the street right-of-way prior to closure.
Existing utilities shall be identified and appropriately marked prior to closure.
3. Street Closure Procedures: The applicant must follow the required procedures to
properly close this street.
4. Conveyance of the street by the owners to any other party short of consolidation
with the adjoining property is prohibited.
5. Consolidation of the property with the adjoining property is required.
Ordinance 24-2020
Page 1 of 2
Prepared by City Clerk's Office
6 Any changes or modifications of conditions by the applicant under which this
street 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 24-2020
CLOSE PORTION OF RIGHT-OF-WAY 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: �
Wendell A. Lynch '
Mayor
ATTEST: a",*) M -ii�
Christine M. Fletcher, MMC
City Clerk
Ordinance 24-2020
Page 2 of 2
Prepared by City Clerk's Office
Exhibit A
VERIFIED REQUEST AND CONSENT FOR STREET CLOSING
AND WAIVER OF DAMAGES
COMES NOW -3 -B&M 6_ 14 acting by and through its duly authorized
t�+ro�•r uoMn
agents, and after being duly sworn, states as follows:
1. 1 am the owner of real property located at H 1D �..].'�` 5T
2, t�nP� is in receipt of written notice from the City of Hopkinsville of its proposed closure of
%ju.e FtZr. &yitc p►N'b To S. eum- in Hopkinsville, KY.
mol3. Oosmv t AN CWVFF K . owns the land abutting the 1'93 + of W .'A Si
(ftwro—) "N" asa.ibe.aaeaj
w4h is to be closed by the City of Hopkinsville.
4, UoatsTisw N� A Y desires closure of that portion of lrc) . which
is more particularly described in the plat attached hereto and incorporated herein by reference.j2d 14MAN &VAFY
ova
owns the property designated on said plat, which property is a portion of the property described in its deed reoorded in Deed
Book , Page , Deed Book , Page , Deed Book , Page , and Deed Book , Page ,
Christian County Court Clerk's Office.
5. On behalf of C*a.VW «AJ COT4 , I request that the City of Hopkinsville close said portion of
l�utr opt
w . 14* a _ and _ consents to this action.
6. 1 acknowledge that I have been advised by the City that, under Kentucky law, Chpayr fA w Cuwxl(has a claim for
O
damages in connection with the dosing of this portion of lam. ' 40T� . CAA*"hb Eu6**
7. In consideration of the City's closure of the subject portion of W , 4A� 41U3 S. c:tIcV6orub S. FL&&
{Dft70Q+0r S*M Dote C"W)
hereby waives any claim for damages against the City.
8. 1 oertify that I have been authorized by 0,A &UO- t to execute this document.
sPlwtyow*r
BY:
TITLE. -X-A I �-
COUNTY OF CHRISTIAN
}sct
STATE OF KENTUCKY }
Subscribed and swom to before my by , the �PN-e
of �'ki l vim. n '1 this day of Fr ] ^, OWAO
My commission expires: Q 2- 4 v'
NOTARY P LIC
A p (SEAL)
NOTARY ID NUMBER
Exhibit B
AFFP
ORDINANCE 24-2020
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.
Tau
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 00729562
Tiffany Terrell
25NE-City of Hopkinsville
PO Box 707
HOPKINSVILLE, KY 42241
�•• vXOTAq),•:;c�`�
USLIC
►��Rr LARG�``,,`,i��.
f 11
ORDINANCE 24-2020
AN ORDINANCE CLOSING A PORTION OF THE RIGHT-OF-WAY 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 owner abutting the
portion of the street to be closed as Christian County Fiscal Court. It further
acknowledges the abutting property owner was given written notice of the proposed
closing and the property owner gave written, notarized consent to the street dosing.
A copy of the consent was attached to the full text of the ordinance as Exhibit A and
incorporated therein by reference.
SECTION TWO
This section states the portion of the 50-toot street right -of --way extending
approximately 183 feel east of the eastern right-of-way, of South Cleveland Avenue
and stopping at the western right -of- way of South Elm Street, consisting of
approximately 9,150 square feet (0.21 acre), is hereby closed forever as a public
way. A copy of Exhibit B more particularly describing the street to be closed is
attached hereto. This section further lists restrictions and/or conditions under which
the street 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 24-2020 SUMMARY
CLOSE PORTION OF RIGHT-OF-WAY 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 1 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
24-2020, of the City of Hopkinsville, Kentucky, was prepared to accordance with the
requirements of KRS 83A.060(9), and is a true and accurate summary of the
contents of said ordinance.
/s/ H. Douglas Willen
H. Douglas Willen