HomeMy Public PortalAboutOrdinance 17-2021ORDINANCE 17-2021
AN ORDINANCE CLOSING A PORTION OF EAST 11TH 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 street to be
closed as Michelle Mauldin, Taylor Thieke, Michael Venable, and Tyler Young. 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 street 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 portion of East 11th Street extending approximately 275 linear feet east of
the eastern right-of-way of South Main Street and stopping at the western right-of-way of South Virginia
Street, consisting of approximately 9,350 square feet (0.2146 acres) is hereby closed as a public way. A
copy of Exhibit B more particularly describing the portion of 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 17-2021 SUMMARY
CLOSE PORTION OF EAST 11TH STREET
PUBLICLY READ AND PASSED FIRST TIME: JULY 6, 2021
PUBLICLY READ AND PASSED SECOND TIME: JULY 202021
APPROVED:
Wendell A. Lynch /
Mayor
ATTEST: -44AW 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 17-2021, of the City of Hopkinsville, Kentucky, was
prepared in accordance with the requirements of KRS 83A.060(9), and is a rue and accurate
summary of the contents of said ordinance. /-) ,\/7
Ordinance H. Dau Willen
was published in the Kentucky New Era
on: —A `
As Certified By nw
Ordinance 17-2021 Summary
Prepared by City Clerk's Office
Page 1 of 1
EXHIBIT B
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i
Si,
ORDINANCE 17-2021
AN ORDINANCE CLOSING A PORTION OF EAST 11TH STREET IN THE CITY OF
HOPKINSVILLE, KENTUCKY
WHEREAS, Community and Development Services made a favorable recommendation
at their June 28, 2021 meeting for City Council to approve Street Closing Application SC21-5-1,
pursuant to KRS 100.324 and 82.405, as requested by Cedar Creek Investment Company.
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 Michelle Mauldin, Taylor Thieke, Michael Venable, and Tyler Young are the only property
owners abutting the portion of the street to be closed; and
Hopkinsville City Council further makes findings of fact pursuant to KRS 82.405(2)(b)
and (c) that Michelle Mauldin, Taylor Thieke, Michael Venable, and Tyler Young 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 street closing, copies of which are attached
hereto and incorporated herein by reference as Exhibit A.
SECTION TWO
That a portion of East 11th Street extending approximately 275 linear feet east of the
eastern right-of-way of South Main Street and stopping at the western right-of-way of South
Virginia Street, consisting of approximately 9,350 square feet (0.2146 acres), more particularly
described as attached hereto and incorporated herein by reference as Exhibit B, is hereby
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. Department Head Comments: The applicant will address all comments as
submitted by Department Heads and incorporated into the Community and
Development Services Staff Report.
4. Street Closure Procedures: The applicant must follow the required procedures to
properly close this street.
5. Conveyance of the street by the owners to any other party short of consolidation
with the adjoining property is prohibited.
Ordinance 17-2021
Prepared by City Clerk's Office
Page 1 of 2
6. Consolidation of the property with the adjoining property is required.
7. 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 17-2021
CLOSE PORTION OF EAST 11TH STREET
PUBLICLY READ AND PASSED FIRST TIME: JULY 6, 2021
PUBLICLY READ AND PASSED SECOND TIME: JULY 20, 2021
APPROVES:
`Wendell A. Lynch
Mayor
ATTEST: 101W )11
Christine M. Fletcher, MMC
City Clerk
Ordinance 17-2021
Prepared by City Clerk's Office
Page 2 of 2
OrdinanceF`�-�
was published in the Kent(14�ucky New Era
on: ,
As Certified By W -t
r� EXHIBIT A
VERIFIED REQUEST AND CONSENT FOR STREET CLOSING
AND WAIVER OF DAMAGES
COMES NOW M &A C &_M (141 .4) , acting by and through � � r VY its duly authorized
agents, and after being duly s ow m, states as follows: ilyli
1. 1 am the owner of real property located at _ }�_t �.p,•.•�� t,u
;+k�itu d �somrvf
2. F is in receipt of written notice fmN'`m' the Cil f Hopkinsville of its proposed closure of
7D o � , l" s�Ug. he,�L�n fjaj n ! -t! tfc imL in Hopkinsville, KY.
3. [Jn g[1Y ,;r i awns the land abutting the ,�_ of 4l n
ice, a-Iw u Ry� rDeaApn� dso-en a a C47ad)
which is to bused by the City of Hopkinsville.
4. wires closure of that portion of X22 `eQ 00 '�f[ep-4 which
(agmay -M •� ocwniSaxwn1eoaua
is more particularly described in the plat attached hereto and incorporated herein by reference.
owns the property designated on said plat, which property is a portion of the property described in its deed recorded in Deed
Book GH"�. mage 0 � . Deed Book , Page Dead Bwk _. Page _, and Reed Book _. Page _,
Christian County Court Clerk's Office.
5. On behalf of,, - -./ 1/11/1/44,�0,-A) _, I request Ihat the City of Hopkinsville dose said portion of
76 ` a ) t " _ man U' ra o 11�1�r,Lw It nts to this action.
6. 1 acknowledge that I have been advised by the City that, under Kentucky lawJEciddA`c as a claim for
h� If'mx Tr o.r.F
damages in connection with the dosing of this portion of 1 7�J O fh
r (akra e1 Rnawd7Rta,
7. In consideration of the City's closure of the subject portion of �U Z7 �� r I W ') I)�z
(Una b[n+e15W a Dv aw.01
hereby waives any claim for damages against the City.
6. 1 ca fy that I have been authorized by to execute this document.
BY:
71TLE. C ou)NN2f w
COUNTY OF CHRISTIAN
)set
STATE OF KENTUCKY j
Subscribed and sworn to before my by N) t CKZ I 12 Jyl'n , the t
of 00 5 5 n c. , this day of kAV% e-
oZO
My commission expires: 4y / 11 /ao ?L1 _
NOTARY Pl! LIC
K YAJ F I q1 olto (SEAL-,
NOTARY ID NUMBER
VERIFIED REQUEST AND CONSENT FOR STREET CLOSING
AND WAIVER OF DAMAGES
COMES NOW Taylor Thieke , acting by and through Taylor Thieke its duly authorized
�� �
�
agents, and after being duly sworn, states as follows:
1. 1 am the owner of real property located at 1016 S. Main St. and 1100 S. Maim St.
7"""e "7"
2. Taylor Thieke is in receipt of written notice from the City of Hopkinsville of its proposed closure of
E 11th, St. between S. Main St. and S. Virginia St. in Hopkinsville, KY.
{O�rspeal d u"I btr Cbsso
Taylor Thie€ce owns the land abutting the 27&+/- of E 11th St. between S. Main St. and S. Virginia St.
F'"00" 0-0) (eds"bWCpl")
which is to be closed by the City of Hopkinsville.
4. Taylor Thieke desires closure of that portion of E 11th St. between S. Main St. and S. Virginia St, which
is more particularly described in the plat attached hereto and incorporated herein by reference. Taylor Thieke _
0""Z*
owns the property designated on said plat, which property is a portion of the property described in its deed recorded in Deed
Book 752, Page 197, Deed Book 782. Page -52, Deed Book ,Page .and Deed Book .Page
Christian County Court Clerk's Office.
5. On behalf of Taylor Thieke I request that the City of Hopkinsville close said portion of
E 11 th St. between S Main St. and S. Virginia St. and Taylor Thieke consents to this action.
'Gw 0Mld51,v0bb Ctm6) pv"0�..�
6. 1 acknowledge that I have been advised by the City that, under Kentucky law, Taylor Thieke has a claim for
damages in connection with the closing of this portion of E 11th St. between S. ill amain �t. and S. Virginia St.
.. _ �r+e�+xslanec.cb.eaj
7. In consideration of the City's closure of the subject portion of E 11 th St. between S. Main St. and S. Virginia St.
{�ye�f a 57MIl0 dLhudj
hereby waives any claim for damages against the City.
8. 1 certify that I have been authorized by Taylor Thieke to execute this document.
BY:
TITLE:
COUNTY OF CHRISTIAN
} sct
STATE OF KENTUCKY } _
Subscribed and sworn to before my by �. o� to ��-- the 0 ger,
of 1D t 't 100- S this 1 day of LILU __W21—
My ccrgmission expires: C 3
r
NO'TAAY PUBLIC
b;�9 (SEAL)
NOTARY ID NUMBER
VERIFIED REQUEST AND CONSENT FOR STREET CLOSING
AND WAIVER OF DAMAGES
COMES NOW P^-' � k • I 04-114 acting by and through rv) = . / Lh its duly authorized
ftw*ow"
agents, and ager being duly swom, states as follows:
1. 1 am the owner of real property located afl /27 5d!;c In tct- vC.k
2. is in receipt of written notice from the Cityi of Hopkinsville of its proposed closure of
,270 'c5 If1l Sf cu n d , r lei e, s ,n Hopkinsville, ICY.
j aSreNbtspau4i
3. * � � f ��-� owns the land abutting the a 7 U of c., l i l h bet 4sae (I � s11+ia, n i q,r i n;rR
Rw") Dowva�ds.-.einca[rn
which is be closed by the City of Hopkinsville. f t� 5^IL�.n V,r , n let-
4.
ti
4. =< •l � .. 7f desires closure of that portion of _r��D o 1 i" fa��a which
i h h fo npswofsw"noeawba )
is more particularly described in the plat attached hereto and incorporated herein by reference. C4;". -,l t/2114 -4c
0""%wj
owns the property designated on said plat, which property Is a portion of the property described in its deed recorded in Deed
Book:NL, Page W, Deed Book , Page Heed Book Page , and Deed Book , Page
Christian County Court Clerk's Office.
5. On behalf of Vi -0- I request th t the City of Hopkinsvile close said �ortion of
� 7n
CC // th S �x� .7 rMw,'1 d- �Y r and I � Lf ab gnsenls to this action.
6. 1 acknowledge that I have been advisedby the City that, under Kentucky law I + `f [ I•1c�[ V�U]�has a claim for
t wtf o -q
damages in connection with the dosing of this portion of E-70 "o g'E11 dh S4rw-e- _
7. Inconsideration of the City's closure of the subject portion of 7p 11` � �]LAUR _
hereby waives any claim for damages against the City.
8. 1 certify that I have been authorized by r ^ G 1 � I /e- to execute this document.
sft)Pn01011"
17
TITLE: '� Ap Kr �, d
COUNTY OF CHRISTIAN )
) scl
STATE OF KENTUCKY }
Subscribed and swom to before my by j�� ` tt{�� L 1 V 1 y , the j_{T -a 1
of 110-7 S ,this Ira day of -moi
My commission expires: Ste � � i , aqa Y
&k &6St&dK-
NOTARY PUffJC
XMIPLaga-ro iSEAL)
NOTARY ID NUMBER
VERIFIED REQUEST AND CONSENT FOR STREET CLOSING
AND WAIVER OF DAMAGES
COMES NOW Tyler Young acting by and through Tyler Young its duly authorized
"'*" OZ wMu
agents, and after being duly swum, states as follows:
1. 1 am the owner of real property located at 1016 S. Main St. and 1100 S. Main St. .
{O,aV
2. Tyler Young -R is in receipt of written notice from the City of Hopkinsville of its proposed closure of
11 Rt. between S. Main St. and S. Virginia St. in Hopkinsville, KY.
{PHOgGr N SiCaIIA IPLGO
3. Tyler Young owns the land abutting the 275'+/- of E 11th St. between S. Main St. and S. Virginia St.
(""*wo) ampi (ne [Pit ds"d6tace5a)
which is to be closed by the City of Hopkinsville.
4. T I r Young desires closure of that portion of E 11th St. between S. Main 5t. and S. Virginia St. which
is more particularly described in the plat attached hereto and incorporated herein by reference. ate,
_Tyler Young
owns the property designated on said plat, which property is a portion of the property described in its deed recorded in Deed
Bank Page LT7heed Back ice. � Page Deed Boo![ ,Page and Deed Boflk Page
Christian County Court Clerk's Office.
5. On behalf of Tyler Young I request that the City of Hopkinsville close said portion of
E 11th St. between S Main St. and S. Virginia St. ana _ Tyler Young consents to this action.
Pavptm c! S7"t b Er C b W J (prepay ow-)
6. 1 acknowledge that I have been advised by the City that, under Kentucky law, Tyler Young has a claim for
damages in connection with the closing of this portion of E 11th St. between Sl ain k and S. Virginia St.
7. In consideration of the City's closure of the subject portion of E 11 th St. between S. Mair) St. and S. Virginia St.
(D"w em d short b N cl""
hereby waives any claim far damages against the City.
8. 1 certify that I have been authorized by T ler Young to execute this document.
TITLE: r- '' r4f 0ty r
COUNTY OF CHRISTIAN )
} set
STATE OF KENTUCKY } _
Subscribed and sworn to before my by the _ 1 ��`•.I+. U�tyt
of M;4 ;k IiQ� S t1w Sunk this rh day of 7LAu ao a.1
My mission expires: J
O RY PUBLIC
l.P i n V—�n (SEAL)
NOTARY ID NUMBER