Label
Zoning & Planning Committee
Title
Vacation of the property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, located in the City of Toledo, Lucas County Ohio, waiving land costs; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 307-24 adopted on June 18, 2024 declaring its intent to vacate the property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, located in the City of Toledo, Lucas County Ohio.
On August 8, 2024, the Toledo City Plan Commission recommended approval of the request for the vacation of the property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, all within the City of Toledo, Lucas County Ohio.
The City Council Zoning and Planning Committee on September 10, 2024, sent as approved the request for the vacation of the property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on December 9, 2024 and approved the request for vacation of the property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, 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 property located west of Deline Drive, north of Dulton Drive and east of 5751 Nebraska Avenue, located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
Being part of Dulton Drive adjacent to the former Toledo and Indiana Railroad, Nebraska Avenue and Deline Drive, being part of the Southwest Quarter of Section 2 in Town 2 United States Reserve of Twelve Miles Square at the Foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:
Commencing at railroad spike found at the centerline intersection of Deline Drive and Nebraska Avenue, said point also being on the East-West centerline of Section 2.
Thence North 89 degrees, 50 minutes, 55 seconds West, along the East-West centerline of Section 2, a distance of 83.78 feet to a point on the Northerly line of a parcel of land as conveyed to Brandon Rinebold, as recorded in Lucas County Official Record 20210816-0043122.
Thence South 00 degrees, 49 minutes, 33 seconds West, along the Northerly line of Rinebold, a distance of 29.83 feet to a 1/2 inch galvanized steel pipe set on the South Right-of-way of Nebraska Avenue, said point also being on the Northwesterly line of the former Toledo and Indiana Railroad, said point also being a point of deflection of the Northerly line of Rinebold.
Thence South 89 degrees, 42 minutes, 47 seconds East, along the South Right-of-way of Nebraska Avenue, said line also being the Northerly line of Rinebold, a distance of 50.18 feet to a 1/2 inch galvanized steel pipe set on the Northwest Right-of-way of Dulton Drive, said point also being on the Southeasterly line of the former Toledo and Indiana Railroad, from said point a 1/2 inch iron bar capped "4926" can be found 0.55 feet North and 0.28 feet East, said point also being the True Point of Beginning.
Course 1: Thence continuing South 89 degrees, 42 minutes, 47 minutes East, along the Easterly prolongation of the South Right-of-way of Nebraska Avenue, a distance of 8.72 feet to a 1/2 inch galvanized steel pipe set on a line that is parallel with and 25.00 feet distant from the centerline of Deline Drive.
Course 2: Thence South 00 degrees, 35 minutes, 23 seconds West, along a line that is parallel with and 25.00 feet distant from the centerline of Deline Drive, a distance of 93.03 feet to a 1/2 inch galvanized steel pipe set on a line that is parallel with and 30.00 feet distant from the Southerly Right-of-way of Dulton Drive, said line also being the North line of Lot 225 in the plat of Oak Grove Gardens Second Extension, as recorded in Lucas County Plat Volume 33, Page 45.
Course 3: Thence North 89 degrees, 47 minutes, 24 seconds West, along a line that is parallel with and 30.00 feet distant from the Southerly Right-of-way of Dulton Drive, said line also being the North line of Lot 225 in the plat of Oak Grove Gardens Second Extension, a distance of 114.95 feet to a 1/2 inch galvanized steel pipe set on the Northwesterly Right-of-way of Dulton Drive, said line also being the Southeasterly line of the former Toledo and Indiana Railroad.
Course 4: Thence North 49 degrees, 09 minutes, 45 seconds East, along the Northwest Right-of-way of Dulton Drive, said line also being the Southeasterly line of the former Toledo and Indiana Railroad, a distance of 141.68 feet to the True Point of Beginning.
Containing 5,753.31 square feet or 0.1321 acres of land.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following four (4) 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 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.
Plan Commission
3. Any future fence shall adhere to the standards of TMC§1105.0301 - Fences (Residential Districts).
4. 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 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