2013-26

ORDINANCE TO VACATE A CERTAIN 16.52’ WIDE NORTH/SOUTH ALLEY BETWEEN 436, 442 N. MAIN ST. & 443 N. STATE ST. (LOTS 545, 546, 553 & 554) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS AND DECLARING AN EMERGENCY (Applicant, BEC Realty)

WHEREAS, in the opinion of this Council, there is good cause for vacating the North/South alley between 436, 442 N. Main St., & 443 N. State St. (Lots 545, 546, 553 & 554), in the City of Marion, and,

WHEREAS, the petition to vacate this alley was considered and approved by the Marion City Planning Commission at its meeting of May 7, 2013.

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 alley as described in the attached Exhibit “A”, be and is hereby vacated.

Section 2. That title to the real estate comprising said alley shall revert to the abutting property owners in accordance with the laws of Ohio.

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.

 

Approved:


___________________________
Dave Edwards
President of Council

________________________________
Mayor Scott Schertzer


ATTEST:


_______________________________
Clerk of Council