Label
Zoning & Planning Committee
Title
Vacation of the 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, all within the City of Toledo, Lucas County Ohio; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 628-23 adopted on November 21, 2023 declaring its intent to vacate the 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, all within the City of Toledo, Lucas County Ohio.
On January 11, 2024, the Toledo City Plan Commission recommended approval of the request for the vacation of the 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, all within the City of Toledo, Lucas County Ohio.
The City Council Zoning and Planning Committee on February 13, 2024, sent as approved the request for the vacation of the 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on September 17, 2024 and approved the request for the vacation of the 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown 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 $511.94 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 12-foot wide alley running North to South and lying Adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, all within the City of Toledo, Lucas County Ohio and more fully described as follows:
The 12-foot-wide alley running North to South and lying adjacent to Lot 12 for a distance of 35 feet in the A.J. Brown Addition, located in the city of Toledo, Lucas County, Ohio.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following two (2) condition(s):
The following conditions are listed by agency of origin. Applicants are encouraged to contact the agency to address compliance with their conditions.
Law Department
1.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.
2.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 fence, wall, building foundation, roof overhang, or other barrier which would impede access to the easement shall be constructed or maintained. 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. Further, the Owners 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.
SECTION 3. 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 4. 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 5. 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 11, nays 0.
Passed: October 9, 2024, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: October 9, 2024
Wade Kapszukiewicz
Mayor