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ORDINANCE TO VACATE TWO (2) 16.5’ WIDE EAST/WEST ALLEYS SECTIONS LOCATED BETWEEN PEARL STREET AND SOUTH PROSPECT STREET, (SECTIONS LOCATED BETWEEN LOTS 290, 291, 119 AND 143) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS (Applicant, Emanuel Lutheran Church)
WHEREAS, in the opinion of this Council, there is good cause for vacating the two (2) 16.5’ wide east/west alleys sections located between Pearl St. and South Prospect St., (Sections located between lots 290 and 291 and 119 and 143) in the City of Marion, and,
WHEREAS, the petition to vacate these alleys were considered and approved by the Marion City Planning Commission at its meeting of May 6, 2014.
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 alleys as described in the attached Exhibit “A”, be and is hereby vacated.
Section 2. That title to the real estate comprising said alleys 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.
President of Council
Mayor Scott Schertzer
Clerk of Council