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Ordinance 23-2020 Unnamed AlleyORDINANCE 23-2020 AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN EAST FIRST AND SOUTH CAMPBELL STREETS 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 portions of the alley to be closed as Leo R. King, III. 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 alley 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 10-foot wide alley extending 135 feet south from East First Street and east 130 feet to South Campbell Street, consisting of approximately 2,550 square feet (0.056 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 23-2020 SUMMARY CLOSE UNNAMED ALLEY -EAST FIRST/SOUTH CAMPBELL STREETS PUBLICLY READ AND PASSED FIRST TIME: July 21. 2020 PUBLICLY READ AND PASSED SECOND TIME: August 4, 2020 APPROVED;,"' endell A. Lynch Mayor ATTEST: 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 23-2020, of the City of Hopkinsville, Kentucky, was prepared in accordance with the requir ments of KRS 83A.060(9), and is a true and accurate summary of the contentsat id oroiPance. H. Do; lAlas Willen Ordinance 23-2020 Summary Page 1 of 1 Prepared by City Clerk's Office ORDINANCE 23-2020 AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN EAST FIRST AND SOUTH CAMPBELL STREETS 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 AC20-4-1, pursuant to KRS 100.324 and 82.405, as requested by Leo R. King, III and Brian King. 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 Leo R. King, III is the only property owner 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 Leo R. King, III was given written notice of the proposed closing and further has given written, notarized consent to the alley closing, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. SECTION TWO That the unnamed 10-foot wide alley extending 135 feet south from East First Street and east 130 feet to South Campbell Street, consisting of approximately 2,550 square feet (0.056 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. Conveyance of the alleyway to any party short of consolidation with an adjoining property is prohibited. 5. 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. 6. Any changes or modifications of conditions by the applicant under which this alley closure is granted will void the recommendation. Ordinance 23-2020 Page 1 of 2 Prepared by City Clerk's Office 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 23-2020 CLOSE UNNAMED ALLEY -EAST FIRST/SOUTH CAMPBELL STREETS PUBLICLY READ AND PASSED FIRST TIME: July 21. 2020 PUBLICLY READ AND PASSED SECOND TIME: August 4, 2020 APPROVED:' - Wendell A. Lynch Mayor ATTEST: 66-�,-w Christine M. Fletcher, MMC City Clerk Ordinance 23-2020 Page 2 of 2 Prepared by City Clerk's Office wtKiritu mtuUtzil 4MU 1.iVf4a0tN 1 rum fitucy vWailwu Exhibit A AND WAIVER OF DAMAGES OMB NOW _: � �; ��. k'.�.-��� -- actlrq by and Ihtauyh Is duly aufteitzed apittf s), and all haling duly sworn, slates as lallows- p" ' 1 R am the awnea of real prop" located all_SL I f; I �+ 4 ! lrj + I I r . 2, Leif f�. k� �;�� is in reeeipl 0 written nave bnm the City nt Hovid9syllle of Its amsed t+losure of I Ic,, I 3. L ec� t, �f L1 :>v�._� owns the land al cling the I r�' _ . a1 I�l I •fir � ' , `i(.: w'lli h �s tr7 :1i3 Cf' s�fS�i ff j file �s�Ijr Of Hsi lcII1SL'�i�13. i tC.J IC... vi-ttt- 01► ,t 4..k,;�j !<]_ .Lc deslres closure et that porlon of '� �C: �'! is me", pa"Co describad In the plat anached hereto and lacarpcpated herein by relevance_ +'rbew•,r� awns the gmuaf y designated on said play, which property I$ a radon of the orwarty described fn lts deed recarded in Deed Book _, Page , Daed Rook , Page , Ueed Book T,, Page , and Deed Book Paige Chftl-lan County Court Clerk's flue. r S. On a hull r t _�_ c_, I rsq:icst that the Cay of Hcgk voille cV4 S1 porhart 1. �f * to 1 0 Y !, eonsent^s ,his acbon, S. I acknowledge C6►dt t hair$ baelt advised by tttr f;iTy M3t, under Kentucky Maur. •�i2 e i� u I11 has a claarn Ir1i Y ...1.YMM;NW#1. J C l� damage.r In connection with the closing of Ibis portion M .Ai 14 . � j - S� Cvs1 L C y fjA l�iO 7. Iri a pnsidaiak-a of the C40 cbmwe al the stoect pm5Dn of harPN wailrvs ativ claim for damages agalnsl the City. tNt 6. i cepfihd that I hav .:cars: authmzed tr�__.L.-�U- � ��� .� _ 10 execule this docurnetet Bv •-TITI. E: COUNTY OF CPRV`-iA11 t } sct STAR OF KENTUCKY } Subsi*And I0d svmm to lrclnre my by—_LQA_(. V ►$r . _ me _�W(1P_f' 50� E. -- — A tcA�4 .� S&.. this a5k1. day 01 Tfilicc�. a000. #y cammisslon exom- W ` a10Q 1 l �2n. \.OTARY RLIC' (SEAL'}. 110" AFLY ID N'UMBt R FIRV,L/ E TI r I r 1 r Wig{ V! rll 1 �'I�} �I� Ip71• 11� MI AV+�NI 6i1 ly ',��,� Iln � !� ❑ ��c I W30OBaJE��Qr ' 4Q�ia yR = I"a rn I W fr1 I� u1 w 'od {4 Ix —N tK58� r W- lJ4�B4'� GERFpFOap, HN Qg.g1x.FG.1S8 1 II � I I I I AC20-4-1, King Page 4 of 4 I I I I I W a r Exhibit B AFFP ORDINANCE 23-2020 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. GNED: Accounting Clerk Subscribed to and swom to me this 12th day of August 2020. Melanie Miller, , Christian County, KY My commission expires: September 26, 2023 00149957 00729561 Tiffany Terrell 25NE-City of Hopkinsville PO Box 707 HOPKINSVILLE, KY 42241 ORDINANCE 23-2020 AN ORDINANCE CLOSING AN UNNAMED ALLEY BETWEEN EAST FIRST AND SOUTH CAMPBELL STREETS 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 portions of the alley to be closed as Leo R. King, III. 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 alley 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 10-foot wide alley extending 135 feet south from East First Street and east 130 feet to South Campbell Street, consisting of approximately 2,550 square feet (0,056 acre), is hereby closed forever as a public way. A copy of Exhibit B more particulerly 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 23-2020 SUMMARY CLOSE UNNAMED ALLEY -EAST FIRST/SOUTH CAMPBELL STREETS PUBLICLY READ AND PASSED FIRST TIME: July 21, 2020 PUBLICLY READ AND PASSED SECOND TIME: August 4, 2020 APPROVED: /sl Wendell A. Lynch Wendell A. Lynch Mayor ATTEST: /s/ 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 23-2020, 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 of said ordinance. /a/ H. Douglas Willen H. Douglas Willen