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Ordinance Accepting Property for a Public Right-of-way on the CBE

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ORDINANCE NO. 2013-03, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Monday, February 4, 2013, gave first reading to an ordinance, text to follow. Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7:10 p.m., Tuesday, February 19, 2013, in the Bryan Community Center, 100 Dayton St.

WHEREAS, Education Village, Inc. a subsidiary organization of Community Resources, Inc., is a non-profit economic development organization and the owner of approximately thirty (30) acres of real property located on the west side of the Village of Yellow Springs, Ohio, on Dayton-Yellow Springs Road, commonly known as the Center for Business and Education (CBE); and

WHEREAS, the CBE is in need of roadway, water, sewer, electric and other public facilities in order to provide access to sites for future economic development; and

WHEREAS, the Board of Education Village, Inc. desires to donate the fee simple for right-of-way to construct roadways currently known as Gateway Drive, Community Drive, and University Drive, and for the provision for utilities, as shown on the map attached hereto as Exhibit B; and (Exhibit B available at the Clerk of Council’s office)

WHEREAS, the right-of-way to be donated is more particularly described in the legal descriptions attached hereto as Exhibit A (100WD, 100T and 100T1, 100T2); and (Exhibit A available at the Clerk of Council’s office)

WHEREAS, the Council of the Village of Yellow Springs hereby accepts the donation of the fee simple title to the property described in Exhibit A for the purpose of the future construction of a public roadway and the installation of utilities to service properties in the CBE.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF YELLOW SPRINGS, OHIO, THAT:

Section 1. The Village hereby accepts the donation of the fee simple title to the real property more particularly described in Exhibit A.

Section 2. The Village Manager and Village Solicitor are authorized to take all steps necessary to transfer and record deeds and legal documents for this transaction.

Section 3. This Ordinance shall become effective at the earliest period allowed by law.

Judith Hempfling, President

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