Ordinance 2021-15: Vacate Erie Street Extended

ORDINANCE NO. 2021-15

AN ORDINANCE VACATING THAT PORTION OF ERIE STREET EXTENDED, WHICH RUNS NORTH AND SOUTH PARALLEL TO SOUTH MAIN STREET BETWEEN LOTS 14 AND 5 LOCATED AT 106 STONE STREET AND 202 STONE STREET (PARCEL NOS. 12-02S-004-00 and 12-11S-001-00) 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 May 27, 2021, Todd Cook and Jeff Cook, the owners of Lots 14 and 5 located at 106 Stone Street and 202 Stone Street, Antwerp, Ohio (Parcel Nos. 12-02S-004-00 and 12-11S001-00), filed a Petition for Vacating a street that runs north and south parallel to South Main Street in between these parcels, known as Erie 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 prior to its regularly scheduled meeting on July 19, 2021, at 5:15 p.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 Erie Street Extended that runs north and south parallel to South Main Street between Lots 14 and 5 located at 106 Stone Street and 202 Stone Street (Parcel Nos. 12-02S-004-00 and 12-11S-001-00) 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 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 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.