2017-31 - Alley Vacation Applicant Richard Collins

 

ORDINANCE TO VACATE A 16’ WIDE NORTH/SOUTH ALLEY BETWEEN 1083 AND 1085 WEST CENTER STREET (LOT #’S 6746 AND 4218) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS (Applicant, Richard Collins)

WHEREAS, in the opinion of this Council, there is good cause for vacating the 16’ wide North/South alley between 1083 and 1085 West Center Street (Lot #’s 6746 and 4218) in the City of Marion; and

 

WHEREAS, the petition to vacate this alley was considered and forwarded to City Council with a 5-0 “No Recommendation” vote from the Marion City Planning Commission at its meeting of May 2, 2017 and

 

WHEREAS, the petition to vacate this alley was deliberated for the 2nd time with City Planning Commission at its meeting of June 6, 2017 and then forwarded back to City Council with a 6-0 Approval vote; 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 alley 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.

 

Approved:

 

                   

                                                                       ___________________________

Kate Fisher

                                                                                    President of Council

 

________________________________

Mayor Scott Schertzer

 

 

ATTEST:

 

 

_______________________________

Clerk of Council