File #: R-187-22    Version: 1 Name:
Type: Resolution Status: Approved
File created: 4/1/2022 In control: City Council
On agenda: 4/12/2022 Final action: 4/12/2022
Title: Declaring the intent to vacate a portion of an extinguished ODOT parcel of land located in the NW corner of Front Street and Craig Bridge Street, all within the City of Toledo, Lucas County Ohio; and declaring an emergency.
Attachments: 1. Audio: City Council Meeting 4/12/2022

Label

The Clerk Reports

 

Title

Declaring the intent to vacate a portion of an extinguished ODOT parcel of land located in the NW corner of Front Street and Craig Bridge Street, all within the City of Toledo, Lucas County Ohio; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Petitioner has filed a request to vacate a portion of an extinguished ODOT parcel of land located in the NW corner of Front Street and Craig Bridge Street, all within the City of Toledo, Lucas County Ohio.

 

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 the right of way further described below:

 

 

Prior Deed: 20160705-0025785

Parcel: Right-of-way

 

 

 

Legal Description of Proposed ODOT Excess Lands Vacation:  Being part of Lots 1 and 2 in Wilson Addition as recorded in Lucas County Plat Volume 17, Page 21, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

 

Commencing at a 1 inch iron bolt in concrete monument found at the intersection of the centerlines of Marina Drive South and Front Street.

 

Thence North 51 degrees, 23 minutes, 33 seconds East, along the centerline of Front Street, a distance of 712.23 feet to an aluminum plat monument found.

 

Thence North 38 degrees, 02 minutes, 56 seconds West, a distance of 60.00 feet to a magnetic nail set on the Northwesterly Right-of-way of Front Street, said point also being on the West line of Parcel 1-EXT1 in the Extinguishment of Easement, as recorded in Lucas County Official Record 20160705-0025785, said point also being the True Point of Beginning.

 

The following five courses are along the Northwesterly line of Parcel 1-EXT1 in the Extinguishment of Easement:

 

Thence continuing North 38 degrees, 25 minutes, 16 seconds West, a distance of 58.19 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 21 degrees, 07 minutes, 13 seconds East, a distance of 202.50 feet to a 5/8 inch iron bar monument found.

 

Thence North 25 degrees, 17 minutes, 27 seconds East, a distance of 408.83 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 06 degrees, 15 minutes, 47 seconds East, a distance of 312.36 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 16 degrees, 07 minutes, 28 seconds West, passing a 1/2 inch galvanized steel pipe set at a distance of 212.21 feet, an overall distance of 226.39 feet to a point on the North line of Extinguishment.

 

Thence North 55 degrees, 09 minutes, 41 seconds East, along the North line of Extinguishment, a distance of 178.85 feet to a magnetic nail found on the Southwesterly Right-of-way of Craig Bridge Street.

 

The following four courses are along the Southwesterly Right-of-way of Craig Bridge Street:

 

Thence South 26 degrees, 03 minutes, 05 seconds East, a distance of 102.96 feet to a 5/8 inch iron bar monument found.

 

Thence South 08 degrees, 33 minutes, 21 seconds East, a distance of 83.82 feet to a 5/8 inch iron bar monument found.

 

Thence South 41 degrees, 59 minutes, 21 seconds East, a distance of 104.17 feet to a 5/8 inch iron bar monument found.

 

Thence South 25 degrees, 46 minutes, 16 seconds East, a distance of 482.18 feet to a 5/8 inch iron bar monument found on the Northwesterly Right-of-way of Front Street.

 

The following five courses are along the Northwesterly Right-of-way of Front Street:

 

Thence South 60 degrees, 20 minutes, 14 seconds West, a distance of 200.17 feet to a 1/2 inch galvanized steel pipe set.

 

Thence South 64 degrees, 57 minutes, 54 seconds West, a distance of 205.30 feet to a 1/2 inch galvanized steel pipe set.

 

Thence South 47 degrees, 33 minutes, 44 seconds West, a distance of 103.05 feet to a 1/2 inch galvanized steel pipe set.

 

Thence South 34 degrees, 11 minutes, 43 seconds West, a distance of 185.94 feet to a 1/2 inch galvanized steel pipe set.

 

Thence South 42 degrees, 23 minutes, 54 seconds West, a distance of 186.83 feet to the True Point of Beginning.

 

Containing 298,794.76 square feet or 6.8594 acres of land.  Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only.  All 1/2 inch galvanized steel pipe set are capped with the company name and PLS No. 7476.  This legal description is based upon a field survey prepared by Lewandowski Engineers on May 08, 2020.

 

And

 

Legal Description of Proposed Front Street Right-of-way Vacation:  Being part of Front Street adjacent to part of lots 1 and 2 in Wilson Addition, as recorded in Lucas County Plat Volume 17, Page 21, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

 

Commencing at a 1 inch iron bolt in concrete monument found at the intersection of the centerlines of Marina Drive South and Front Street.

 

Thence North 51 degrees, 23 minutes, 33 seconds East, along the centerline of Front Street, a distance of 712.23 feet to an aluminum plat monument found.

 

Thence North 37 degrees, 58 minutes, 28 seconds West, a distance of 50.00 feet to the True Point of Beginning.

 

Thence North 38 degrees, 25 minutes, 16 seconds West, a distance of 10.00 feet to a magnetic nail set on the Northwesterly Right-of-way of Front Street.

 

The following five courses are along the Northwesterly Right-of-way of Front Street:

 

Thence North 42 degrees, 23 minutes, 54 seconds East, a distance of 186.83 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 34 degrees, 11 minutes, 43 seconds East, a distance of 185.94 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 47 degrees, 33 minutes, 44 seconds East, a distance of 103.05 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 64 degrees, 57 minutes, 54 seconds East, a distance of 205.30 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 60 degrees, 20 minutes, 14 seconds East, a distance of 200.17 feet to a 5/8 inch iron bar monument found on the Northwesterly Right-of-way of Front Street.

 

Thence South 25 degrees, 46 minutes, 16 seconds East, a distance of 2.89 feet to a point of curvature.

 

Thence traversing a non-tangent arc to the right, having a radius of 50.00 feet, a tangent length of 46.67 feet, a central angle of 86 degrees, 03 minutes, 13 seconds, a chord bearing of South 17 degrees, 15 minutes, 20 seconds West, a chord distance of 68.23 feet and an arc length of 75.10 feet to a point.

 

Thence South 60 degrees, 16 minutes, 57 seconds West, a distance of 152.56 feet to a point of curvature.

 

Thence traversing a non-tangent arc to the left, having a radius of 1,466.54 feet, a tangent length of 200.70 feet, a central angle of 15 degrees, 35 minutes, 07 seconds, a chord bearing of South 52 degrees, 31 minutes, 55 seconds West, a chord distance of 397.69 feet and an arc length of 398.92 feet to a point.

 

Thence South 45 degrees, 18 minutes, 24 seconds West, a distance of 112.24 feet to a point.

 

Thence South 51degrees, 17 minutes, 49 seconds West, a distance of 145.25 feet to the True Point of Beginning.

 

Containing 43,375.90 square feet or 0.9958 acres of land.  Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only.  All 1/2 inch galvanized steel pipe set are capped with the company name and PLS No. 7476.  This legal description is based upon a field survey prepared by Lewandowski Engineers on May 08, 2020.

 

And

 

 

Prior Deed:

Parcel: Right-of-way

LE Survey #50068

 

 

 

 

Legal Description of Proposed Front Street Right-of-way Vacation:  Being part of Front Street adjacent to part of lots 1 and 2 in Wilson Addition, as recorded in Lucas County Plat Volume 17, Page 21, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

 

Commencing at a 1 inch iron bolt in concrete monument found at the intersection of the centerlines of Marina Drive South and Front Street.

 

Thence North 51 degrees, 23 minutes, 33 seconds East, along the centerline of Front Street, a distance of 712.23 feet to an aluminum plat monument found.

 

Thence North 37 degrees, 58 minutes, 28 seconds West, a distance of 50.00 feet to the True Point of Beginning.

 

Thence North 38 degrees, 25 minutes, 16 seconds West, a distance of 10.00 feet to a magnetic nail set on the Northwesterly Right-of-way of Front Street.

 

The following five courses are along the Northwesterly Right-of-way of Front Street:

 

Thence North 42 degrees, 23 minutes, 54 seconds East, a distance of 186.83 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 34 degrees, 11 minutes, 43 seconds East, a distance of 185.94 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 47 degrees, 33 minutes, 44 seconds East, a distance of 103.05 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 64 degrees, 57 minutes, 54 seconds East, a distance of 205.30 feet to a 1/2 inch galvanized steel pipe set.

 

Thence North 60 degrees, 20 minutes, 14 seconds East, a distance of 200.17 feet to a 5/8 inch iron bar monument found on the Northwesterly Right-of-way of Front Street.

 

Thence South 25 degrees, 46 minutes, 16 seconds East, a distance of 2.89 feet to a point of curvature.

 

Thence traversing a non-tangent arc to the right, having a radius of 50.00 feet, a tangent length of 46.67 feet, a central angle of 86 degrees, 03 minutes, 13 seconds, a chord bearing of South 17 degrees, 15 minutes, 20 seconds West, a chord distance of 68.23 feet and an arc length of 75.10 feet to a point.

 

Thence South 60 degrees, 16 minutes, 57 seconds West, a distance of 152.56 feet to a point of curvature.

 

Thence traversing a non-tangent arc to the left, having a radius of 1,466.54 feet, a tangent length of 200.70 feet, a central angle of 15 degrees, 35 minutes, 07 seconds, a chord bearing of South 52 degrees, 31 minutes, 55 seconds West, a chord distance of 397.69 feet and an arc length of 398.92 feet to a point.

 

Thence South 45 degrees, 18 minutes, 24 seconds West, a distance of 112.24 feet to a point.

 

Thence South 51degrees, 17 minutes, 49 seconds West, a distance of 145.25 feet to the True Point of Beginning.

 

Containing 43,375.90 square feet or 0.9958 acres of land.  Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only.  All 1/2 inch galvanized steel pipe set are capped with the company name and PLS No. 7476.  This legal description is based upon a field survey prepared by Lewandowski Engineers on May 08, 2020.

 

And

 

Legal Description of Proposed 20’ Strip Vacation: Being Part of Front Street in Fractional Section 31 in Town 9 South, Range 8 East, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

 

Commencing at a 1 inch iron bolt in concrete monument found at the intersection of the centerlines of Marina Drive South and Front Street.

 

Thence North 51 degrees, 23 minutes, 33 seconds East, along the centerline of Front Street a distance of 73.98 feet to a point.

 

Thence North 38 degrees, 36 minutes, 27 seconds West, a distance of 70.00 feet to a record 5/8 inch iron bar found on the Northwesterly 70 foot Right-of-way of Front Street said point being the True Point of Beginning.

 

Thence North 51 degrees, 23 minutes, 33 seconds East, along the Northwesterly 70 foot Right-of-way of Front Street, a distance of 524.12 feet to a 1/2 inch galvanized steel pipe set.

 

Thence South 27 degrees, 22 minutes, 27 seconds East, a distance of 20.39 feet to a point on a line that is parallel with and 50.00 feet distant from the centerline of Front Street.

 

Thence South 51 degrees, 23 minutes, 33 seconds West, along a line that is parallel with and 50.00 feet distant from the centerline of Front Street, a distance of 493.09 feet to a point.

 

Thence South 87 degrees, 52 minutes, 21 seconds West, a distance of 33.64 feet to the True Point of Beginning.

 

Containing 10,172.10 square feet or 0.2335 acres of land.  Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only.  All 1/2 inch galvanized steel pipe set are capped with the company name and PLS No. 7476.  This legal description is based upon a field survey prepared by Lewandowski Engineers on May 08, 2020.

 

                     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 12, nays 0.

 

Adopted:  April 12, 2022, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               April 13, 2022

Wade Kapszukiewicz

Mayor