ORDINANCE #2004-726

  An Ordinance of the Borough of Clarion, Clarion County, Pennsylvania, vacating a portion of an alley known as Whitehill Place and an unnamed, unopened alley between Wilson Avenue and Grand Avenue.

BACKGROUND :

  There exists in the Borough of Clarion (“Borough”) an unopened north-south alley known as Whitehill Place and an unopened, unnamed east-west alley between Wilson Avenue and Grand Avenue, which were accepted by the Borough on September 26, 1926, as part of the Heidrick Plan of Lots.   The affected section of Whitehill Place extends in a generally northerly direction a width of 16 feet from Corbett Street to its intersection with an unopened, unnamed east-west alley between Wilson Avenue and Grand Avenue.   The affected unopened, unnamed alley extends is a generally easterly direction a width of 20 feet from Wilson Avenue to Grand Avenue and provides the northern terminus of Whitehill Place.   Mr. Curtis Wray (“Wray”), an owner of property to the west of Whitehill Place right-of-way and a property to the north and south of the unopened, unnamed east-west alley has presented to the Borough a petition to vacate the 16 foot right-of-way of Whitehill Place a distance of approximately 300 feet from its intersection with the northern line of Corbett Street to its intersection with the southern line of the aforementioned unopened, unnamed east-west alley.   Wray has been joined in this petition by property owners Owens-Illinois Glass Containers Corporation, by agent Terry Ferguson, and Mr. and Mrs. William Smathers constituting 60 percent of the owners of real property and 67 percent of the real property abutting Whitehill Place.

  Wray has also filed petition with the Borough for the vacation of the entire 20 foot right-of-way of the unopened, unnamed east-west alley extending approximately 316 feet in a generally easterly direction from the east line of Wilson Avenue to the west line of Grand Avenue and being the northern line of the aforementioned section of Whitehill Place.   Wray is joined in this petition by Owens-Illinois Glass Containers Corporation and together constitute 100% of the owners and 100% of the real property abutting said alley.

  As required by 53 P.S. 346742, owners abutting said alleys and not participating in the petition to vacate were properly notified of the petition via U.S. Mail on August 23, 2004, and notice of Public Hearing regarding the petition was legally advertised in the Clarion News on August 19, 2004, and a Public Hearing was conducted on September 7, 2004, by the Clarion Borough Housing and Zoning Committee.

  WHEREAS, Clarion Borough Council has determined portions of said alleyways have been utilized over the years by the adjoining property owners for their own use, and

  WHEREAS, Clarion Borough Council has determined the requested vacations to be in the best interest of the adjoining property owners and the Borough in general, and

  WHEREAS, Clarion Borough Council has determined the requested vacations will not negatively affect the health, safety or welfare of the citizens of the Borough, and

  WHEREAS, Clarion Borough Council has expressed no interest in opening said alleyways to vehicular traffic or use by the general public;

  NOW, THEREFORE, BE IT ORDAINED AND ENACTED and it is hereby ordained and enacted by Clarion Borough Council as follows:

   SECTION I :   The entire 16 foot right-of-way of an alley known as Whitehill Place extending an approximate distance of 300 feet in a northerly direction from its intersection with the northern line of Corbett Street to its intersection with the southern line of an unopened, unnamed east-west alley between Wilson Avenue and Grand Avenue is hereby vacated.

   SECTION II :   The entire 20 foot right-of-way of an unopened, unnamed alley extending an approximate distance of 316 feet in an easterly direction from its intersection with the east line of Wilson Avenue and its intersection with the west line of Grand Avenue and being the north line of the aforementioned Whitehill Place is hereby vacated.

   SECTION III :   This Ordinance shall become effective 40 days from the date of enactment thereof.

   SECTION IV :   Any Ordinance conflicting with the provisions of this Ordinance is hereby repealed in so far as the same affects this Ordinance.

  ORDAINED AND ENACTED by the Council of the Borough of Clarion, Clarion County, Pennsylvania, in lawful session assembled this _______ of __________________, 2004.

ATTEST:           CLARION BOROUGH COUNCIL

________________________________   ____________________________________

Carol Lapinto, Secretary       Ronald J. Wilshire, President

  This Ordinance examined and approved by me this _______ of __________________, 2004.

            ____________________________________

            William J. Smathers, Mayor