2012-07

ORDINANCE TO VACATE THE STREET KNOWN CHENEY AVE. BETWEEN LOTS 8785/8804 (SOUTHERN END) AND LOT 8756 (NORTH END) AND AN 13’ WIDE NORTH/SOUTH ALLEY WEST OF LOTS 8756 TO 8760, IN THE CITY OF MARION, OHIO (applicant, Nucor Steel)

WHEREAS, in the opinion of this Council, there is good cause for vacating the street known as Cheney Ave. between lots 8785/8804 (southern end) and Lot 8756 (north end) and an 13’ wide unimproved north/south alley west of lots 8756 to 8760, in the City of Marion, Ohio.

WHEREAS, the petition to vacate this street was considered and approved by the Marion City Planning Commission at its meeting of September 20, 2011, and

WHEREAS, notice to all abutting landowners was given in accordance with Marion Codified Ordinances 903.08, and

WHEREAS, Council, upon hearing, is satisfied that said vacation will not be detrimental to the general interest and ought to be made;

BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio:

Section 1. That the street known as Cheney Ave. as described in the attached Exhibit “A”, and the 13’ wide unimproved north/south alley in the attached Exhibit “B”, be and is hereby vacated.

Section 2. Further, as provided by statute, 723.041, a Permanent easement remains in the subject vacated alley way: When any street, alley...is vacated all utilities rights, easement, access whether owned privately or by any governmental authority, located on, over, or under the portion of the street, alley, or highway affected by such vacation shall be deemed to have a permanent easement in such vacated portion of such street, alley, or highway for the purpose of maintaining, operating, renewing, reconstructing, and removing said utility facilities and for purposes of access to said facilities.

Section 3. The Clerk of Council be and she is hereby authorized and directed to certify a copy of the within ordinance to the Auditory of Marion County and to the Recorder of Marion County, Ohio.

Section 4. That this ordinance shall become effective from and after the earliest period allowed by law.

Section 5. Within forty-five (45) days of the passage of this Ordinance, the Applicant, Nucor Steel Marion, Inc. shall grant to the City of Marion and cause to be recorded in the Marion County Recorder's Office a perpetual non-exclusive easement and right of way for emergency vehicle use only over, upon, and across that portion of Cheney Avenue vacated by this Ordinance.


Approved: ______________________________
Dave Edwards
President of Council

__________________________
Mayor Scott Schertzer


ATTEST:

__________________________
Clerk of Council