Label
Vacation Whittlesey’s Addition
Zoning & Planning
Title
Vacation of a portion of property within Whittlesey’s Addition located in the City of Toledo, Lucas County, Ohio, subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 403-24 adopted on September 11, 2024 declaring its intent to vacate a portion of property within Whittlesey’s Addition, located in the City of Toledo, Lucas County, Ohio.
On December 5, 2024, the Toledo City Plan Commission recommended approval of the request for the vacation of a portion of property within Whittlesey’s Addition, all within the City of Toledo, Lucas County, Ohio.
The City Council Zoning and Planning Committee on January 8, 2025, sent as approved the request for the vacation of a portion of property within Whittlesey’s Addition, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on February 7, 2025 and approved the request for vacation of a portion of property within Whittlesey’s Addition, 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 $1,390.19 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 a portion of property within Whittlesey’s Addition, located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
Beginning at the SW’erly property corner of Lot 8.
Thence NW’erly on Northerly R/W of Hamilton St. to a point on the Easterly R/W of I-75.
Thence Northerly on said Easterly R/W of I-75 to a point on NWerly R/W of Hunt St.
Thence NE’erly on said NW’erly R/w of Hunt St. to a point of intersection with a line.
Said line being the rear property line of Lots 9 thru 18 extended NW’erly.
Thence SE’erly on said extended rear property line to point on the NW’erly property line of lot 9.
Thence SW’erly on said NW’erly property line of Lot 9 to the intersection of NW’erly lot line of Lot 8.
Thence SW’erly on said NW’erly property line of Lot 8 to the POINT of BEGINNING.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following three (3) condition(s):
The following conditions are listed by agency of origin. Applicants are encouraged to contact the agency to address compliance with their conditions.
Bureau of Fire Inspection
1. Approval will be granted to vacate the portion of property as shown above, only under the Condition that fire department access as required by the Ohio Fire Code Section 503 be maintained.
Transportation Services
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.
Plan Commission
3. A Site Plan Review may be required for future developments within the vacated area in accordance with the provisions of the Toledo Municipal Code.
SECTION 3. That fees totaling $1,390.19 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 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 6. 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 _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council