Ordinance 2021-06: Vacate Buffalo Street Extension

ORDINANCE NO. 2021-06

AN ORDINANCE VACATING THAT PORTION OF BUFFALO STREET EXTENDED, WHICH RUNS EAST AND WEST PARALLEL TO EAST CANAL STREET BETWEEN LOTS LOCATED AT 406 SOUTH ERIE STREET, ERIE STREET, W. BUFFALO STREET (PARCEL NOS. 12-17S-008-00, 12-26S-049-00, AND 12-26S-050-00) AND 502 SOUTH ERIE STREET (PARCEL NO. 12-17S-009-00) IN ANTWERP, OHIO, AND RESERVING AN EASEMENT

 

WHEREAS, Section 723.04 of the Ohio Revised Code provides for statutory proceedings to vacate a street, alley or portion thereof by the legislative authority upon petition by a person owning a lot in the immediate vicinity of the street or alley; and

 

WHEREAS, on January 5, 2021, John and Sheila Hilton, the owners of the lot at 502 South Erie Street, Antwerp, Ohio (Parcel No. 12-17S-009-00), and Mason Gerken, the owner of the lots at 406 South Erie Street Erie Street, and W. Buffalo Street, Antwerp, Ohio (Parcel Nos. 12-17S-008-00, 12-26S-049-00, and 12-26S-050-00), filed a Petition for Vacating a street that runs east and west parallel to East Canal Street in between these parcels, known as Buffalo Street Extended, and as more particularly described in the survey of the proposed vacated street submitted with the petition; and

 

WHEREAS, waivers and consents to the proposed street vacation have been filed by all abutting lot owners and notice of the intention of this Council to vacate said street is not required pursuant to Section 723.06 of the Ohio Revised Code; and

 

WHEREAS, pursuant to Section 723.04 of the Ohio Revised Code, the Council of the Village of Antwerp held a hearing at its regularly scheduled meeting on February 17, 2021, at 7:00 a.m. to consider the petition to vacate; and

 

WHEREAS, Council finds that there is good cause for such vacation of said street, as petitioned, and such vacation will not be detrimental to the general interests; and

 

WHEREAS, Council has decided to proceed with the vacation as petitioned.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:

 

Section 1.  The portion of Buffalo Street Extended that runs east and west parallel to East Canal Street between lots 406 South Erie Street, Erie Street, W. Buffalo Street (Parcel Nos. 12-17S-008-00, 12-26S-049-00, and 12-26S-050-00) and 502 South Erie Street (Parcel No. 12-17S-009-00), in the Village of Antwerp, Ohio, and as more particularly described in the survey submitted with the petition and the legal description for such vacated street (parcel 1 and parcel 2 as identified therein and attached hereto as Exhibit A), be and hereby is vacated.

 

Section 2.  That a permanent easement for utilities and drainage shall be reserved on, over, and under the area to be vacated in accordance with Section 723.041 of the Ohio Revised Code.

 

Section 3.  That the survey and legal description (parcel 1 and parcel 2 as identified therein) accompanying said petition be referred to the Fiscal Officer for filing with the Paulding County Auditor and Recorder, along with the original Ordinance or a certified copy to be recorded in the official records of the Paulding County Recorder’s Office.

 

Section 4.  Any and all other ordinances, resolutions, sections, or parts thereof inconsistent or in conflict with the terms of this Ordinance are hereby repealed.

 

Section 5.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.

 

Section 6.  This Ordinance shall take effect and be in force after the earliest period allowed by law.

 

 

Passed: _____________________, 2021.

 

____________________________________

Jan Reeb, Mayor

Village of Antwerp

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

Village of Antwerp

 

 

 

First Reading: _________________

 

Second Reading: _______________

 

Third Reading: ________________

 

 

 

 

 

 

CERTIFICATE OF COPY

 

Village of Antwerp     )

) ss:

County of Paulding    )

 

I, Aimee Lichty, the Fiscal Officer of the Village of Antwerp, Ohio, do hereby certify that the foregoing is a true and correct copy of the Ordinance adopted by the council of said Village on the ___day of                            , 2021; that the publication of such Ordinance has been made and certified of record according to  law; that no proceedings looking to a referendum upon such Ordinance have been taken; and that such Ordinance and the certificate of publication thereof are of record in the official Ordinance Book for the Village of Antwerp, Ohio.

 

I have hereunto subscribed my name and affixed my official seal this          day of __         , 2021.

 

________________________________

Aimee Lichty, Fiscal Officer

Village of Antwerp, Ohio

 

 

 

ACCEPTED AND RECORDED by the Paulding County Recorder’s Office on _______________, 2021.