Label
Zoning & Planning Committee
Title
Vacation of the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street, all within the City of Toledo, Lucas County Ohio, waiving land fees; and declaring an emergency.
Summary
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 402-24 adopted on August 14, 2024 declaring its intent to vacate the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street, and all within the City of Toledo, Lucas County Ohio.
On October 10, 2024, 2023, the Toledo City Plan Commission recommended approval of the request for the vacation of the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street and all within the City of Toledo, Lucas County Ohio.
The City Council Zoning and Planning Committee on November 12, 2024, sent as approved the request for the vacation of the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street, and all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on December 9, 2024 and approved the request for the vacation of the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street, and all within the City of Toledo, Lucas County Ohio.
All of the preliminary steps have been taken as required by law, the Charter of the City of Toledo, and the Toledo Plan Commission has made reports regarding the proposed vacations; and all things required by law to be done, have been done. Fees totaling $175.00 have been paid.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Council of the City of Toledo does hereby vacate the 40 foot by 130 foot right-of-way located between Lots 11 and 10 in the Bay View Addition, also known as 3061 and 3067 123rd Street and all within the City of Toledo, Lucas County Ohio, and more fully described as follows:
40-foot by 130-foot right-of-way located between Lots 11 and 10 in the Bay View Addition.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following five (5) condition(s):
The following conditions are listed by agency of origin. Applicants are encouraged to contact the agency to address compliance with their conditions.
Engineering Services
1. An easement is needed to maintain a 6-inch diameter public waterline. A 20-foot easement shall be retained by the City of Toledo over vacated right of way. The following language shall appear in the authorizing vacation ordinance which shall be recorded and a notation placed in the remarks section of the County's real estate records:
"That a 20-foot easement is hereby retained over, across, under and through said vacated area for the existing water main in said vacated right of way. All City of Toledo facilities located within said easement are hereby dedicated to the City of Toledo, for City utility use only, to allow for future maintenance, repairs, replacements, etc. and shall not be combined with easements for other utilities. The easement hereby retained by the City of Toledo herein shall be primary in nature to any other utilities located therein, and any easement retained by any other utility as a result of this Ordinance shall be subject first to the easement rights of the City of Toledo. Said easement herein shall be permanent in nature for each utility currently located thereon and shall run with the land. Said easement also includes reasonable rights of ingress and egress over and through the utility easement area for the purpose of operating, maintaining, replacing, repairing and/or constructing any utilities located within the easement. The property owner shall not construct fences, walls or other barriers, nor plant trees or other large vegetation which would impede access onto the easement. No temporary or permanent structure including building foundations, roof overhangs or other barriers denying access, may be constructed on or within the easement. Driveways, parking lots, walkways and other similar improvements are acceptable. The property owner hereby releases the City of Toledo, only, from any liability, responsibility or costs resulting from the City's removal of any barriers which deny ingress or egress from the easement or which obstruct access to the public utilities located on said property, and the City of Toledo shall have no obligation or duty to restore or compensate the property owner for the removed facilities.
Law Department
2. Within the limits allowed by law, the applicant shall indemnify the City of Toledo, its officials, agents or employees, from any and all claims, demands, causes of action, suits or liability in connection with the performance of any and all acts authorized or permitted under this vacation. Said indemnification language shall be contained within and evidenced by the endorsement on a certified copy of the final vacating legislation by the owner which indemnification shall be kept in the permanent file of the Clerk of Council.
3. That a full width easement in favor of the City of Toledo is retained across, under and through said vacated area as described in Section 1 herein for the purpose of the City of Toledo’s maintaining, operating, renewing, reconstructing, and removing utility facilities. All City of Toledo facilities located within said vacated area are hereby dedicated to the City of Toledo for exclusive City of Toledo utility use only and shall not be combined with easements or rights for other utilities. The easement retained by the City of Toledo shall be primary to any other utilities located therein, and any easement retained by any other utility shall be subordinate to and subject to the easement rights of the City of Toledo. Said easement shall be permanent in nature for each utility and shall run with the land. Said easement also includes reasonable rights of egress and ingress over and through the vacated area. No building foundation, roof overhang, or other barrier which would impede access to the easement shall be constructed or maintained. If no utilities are present, then an easement will not be required and a fence will be permitted. Driveways, parking lots, walkways and other similar improvements are permitted subject to the prior written consent of the City of Toledo. The City of Toledo shall be released and held harmless for any liability, responsibility costs, or damages resulting from the City of Toledo’s removal of any barriers which impede the City of Toledo ingress or egress from the easement or which obstruct access to the utilities located within the vacated area. The City of Toledo shall have no obligation or duty to restore or compensate the barrier owner for any barrier removed in whole or in part by the City of Toledo. Any modification and/or release of any easement granted or retained by any utility as a result of this Ordinance shall be obtained separately from each utility, as to their interest(s) only, by separate recordable instrument or the Owner’s’ of the vacated area shall be responsible for the relocation of any utility facilities or equipment, whether owned by a public or private utility within the vacated area or preserving access to such utility facilities. Utility facilities include conduits, cables, wires, towers, poles, sewer lines, pipelines, gas and water lines, or other equipment of any railroad or public utility, located on, over or under the portion of the vacated area. Any modification and/or release of any easement granted or retained by any utility as a result of this Ordinance and operation of Ohio law shall be obtained separately from each utility, as to their interest(s) only. The City of Toledo shall be released and held harmless for any liability, responsibility, costs, or damages resulting from Owner’s’ construction or activities in the vacated area, that interferes with any utility easement retained as a matter of law in accord with Section 723.041 of the Ohio Revised Code.
4.
Division of Streets, Bridges and Harbor
Recommends approval.
Plan Commission
5. Any future fence shall adhere to the standards of TMC§1105.0301 - Fences (Residential Districts).
6. Applicant shall obtain a Certificate of Zoning Compliance from the Division of Building Inspection before proceeding with fence installation.
SECTION 3. That Land Fees have been waived. The engineering fee of $75.00 and the Recording fee of $100.00 have been paid.
SECTION 4. That the Real Estate Section of the Department of Economic Development is hereby directed to cause a copy of this Ordinance to be recorded in the records of the office of Lucas County Recorder.
SECTION 5. That the Lucas County shall record this entire 40 foot by 130 foot right-of-way to the applicant as a letter is attached by the adjacent property relinquishing rights to their share.
SECTION 6. That it is hereby found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of Council, and that all deliberations of Council and any of its committees that result in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 7. That this Ordinance is hereby declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective so that the vacations can be expeditiously completed to enable the property owner(s) to obtain the resulting benefits at the earliest time.
Vote on emergency clause: yeas 10, nays 0.
Passed: February 25, 2025, as an emergency measure: yeas 10, nays 0.
Attest:
Paula R. Howell Carrie Hartman
Deputy Clerk of Council President of Council
Approved: February 25, 2025
Wade Kapszukiewicz
Mayor