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Ordinance 24-2020 Street ClosingORDINANCE 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