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The Clerk Reports
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Declaring the intent to vacate a portion of Whiteford Center Road and right of way, in the City of Toledo, Lucas County, Ohio; and declaring an emergency.
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SUMMARY & BACKGROUND:
Petitioner has filed a request to vacate a portion of Whiteford Center Road and right of way in the City of Toledo, Lucas County, Ohio, as more fully described in Section 1 hereof.
Summary
NOW, THEREFORE, Be it resolved by the Council of the City of Toledo:
SECTION 1. That the City Council does hereby declare its intent to vacate a portion of Whiteford Center Road and right of way in the City of Toledo, Lucas County, Ohio, as more fully described as follows:
DESCRIPTION FOR R/W SPLIT PARCEL
A parcel of land being part of the Northeast (1/4) of the Southeast (1/4) of Section 6, Town 9 South, Range 7 East, City of Toledo, Lucas County, Ohio, which is more particularly described as follows:
Commencing at the Southeast corner of Section 6 being a found 5/8" Iron Pin in a Monument Box;
thence N04°28'13"W, on and along the East line of the Southeast (1/4) of the Southeast (1/4)of Section 6 also being the Centerline of Right-of-Way of Secor Road (R/W varies), for a measured distance of 1320.02’ (feet) and a record distance of 1319.81' (feet) to a point;
thence S85°54'57"W, on and along the South line of the Northeast (1/4) of the Southeast (1/4) of Section 6 also being the current Centerline of Right-of-Way of Otjen Road (50’ R/W), a distance of 109.08' (feet) to a point;
thence N40°45'43"W, on and along the Old Centerline of Right-of-Way of Whiteford Center Road (60' R/W) a.k.a Toledo-Ann Arbor Road, a distance of 31.17' (feet) to a set Iron Pin, also being the True Point of Beginning for the split parcel;
thence S85°54'57"W, on and along a line being 25.00’ (feet) Northerly of the North line of the Southeast (1/4) of the Southeast (1/4) of Section 6, also being the extension of the current Northerly Right-of-Way line of Otjen Road (50’ R/W) as acquired in Deed Volume 20100603-0022443 (64-WD) as recorded in Lucas County Recorder’s Office, a distance of 37.41' (feet) to a set Iron Pin;
thence N40°45'43"W, on and along the Southwesterly Right-of-Way line of Whiteford Center Road (60' R/W) a.k.a Toledo-Ann Arbor Road, a distance of 99.75' (feet) to a set Mag Nail;
thence N85°54'57"E, on and along the extension of the Northerly line of a parcel currently or formerly owned by Excellerante Auto Sales LLC. and recorded in deed 20150617-0023979, a total distance of 49.88’ (feet) to a set Mag Nail, and passing a set Mag Nail on the Old Centerline of Right-of-Way of Whiteford Center Road (60' R/W) a.k.a Toledo-Ann Arbor Road at 37.41’ (feet);
thence S50°39'28"E, a distance of 116.38’ (feet) to a set Iron Pin at the Intersection of said Northerly Right-of-Way line of Otjen Road (50’ R/W) as acquired in Deed Volume 20100603-0022443 (64-WD) as recorded in Lucas County Recorder’s Office with the Old Northeasterly Right-of-Way line of Whiteford Center Road (60' R/W) a.k.a Toledo-Ann Arbor Road;
thence S85°54'57"W, on and along said Northerly Right-of-Way line of Otjen Road (50’ R/W) as acquired in Deed Volume 20100603-0022443 (64-WD) as recorded in Lucas County Recorder’s Office, a distance of 37.41’ (feet) to the True Point of Beginning for the split parcel:
Containing an area of 0.114 Ac., 4,987 SF of land more or less and subject to all legal highways, leases, easements and restrictions of record.
NOTES:
Bearings used in the above description is based on the East line of the Southeast quarter (1/4) of Section 6 also being the Centerline of Right-of-Way of Secor Road as established between a found Iron Pin in a Monument Box at the intersection of Secor Road at Alexis Road and a found Iron Pin in a Monument Box at the intersection of Glenn Street and Secor Road and corresponding to a bearing of N04°28'13"W.
Bearings are for the express purpose of showing angular measurement only.
All iron pins set are 5/8" diameter rebar x 36" long with a cap marked "Bryan D. Ellis 8292"
This parcel was surveyed by Bryan D. Ellis on November, 2017.
SECTION 2. That this matter be referred to the Toledo City Plan Commission for its review, recommendation and appropriate hearing date.
SECTION 3. That this Resolution hereby is declared to be an emergency measure and shall be in force and effect from and after its adoption. 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 Resolution must be immediately effective so that the vacation can be expeditiously completed to enable property owners to obtain the resulting benefits at the earliest time.
Vote on emergency clause: yeas _____, nays _____.
Adopted: _________________, 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 a Resolution adopted by Council _________________________.
Attest: _________________________
Clerk of Council