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An ordinance: Vacating An Alley At The Easternmost Portion Of North College Street

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Interested persons will take note that the Village Council of Yellow Springs on Monday, Aug. 24, 2015, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for a second reading and a public hearing to begin at 7:00 p.m., Tuesday, Sept. 8, 2015, in the Bryan Community Center, 100 Dayton St.

WHEREAS, the Village has received a petition from Antioch College Corporation to vacate right of way of an alley along an eastern portion of North College Street; and

WHEREAS, the Planning Commission of the Village of Yellow Springs has conducted a Public Hearing on said application in accordance with the Village of Yellow Springs Codified Ordinances, Section 1224.02; and

WHEREAS, the Planning Commission and Village Staff have recommended approval of the application to vacate the aforementioned alley segment;

NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1.  The Village does hereby vacate any interest it has or may have had in the subject right of way, except that the Village retains for its future prospective use an easement for utilities and related purposes, as well as retains the same for the benefit of public utility companies currently using the easement area for utilities and related purposes.

Section 2.  The petition to vacate right of way of an alley along eastern portion of North College Streets is hereby approved.

Section 3.  The easement for utilities and related purposes along eastern portion of North College Street is hereby approved; the vacated area and easement area are set forth in Attachment “1” which is attached hereto and incorporated herein.

Section 4.  The Clerk of Council shall cause this vacation and easement to be officially recorded at the Greene County Recorder’s Office thirty days after the adoption of this Ordinance.  The Village Manager is authorized to execute any documents necessary to effect the vacation of the alley and easement as described above.

Karen Wintrow, President

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