Label
Zoning & Planning Committee
Title
Vacating that portion of Willys Parkway between Pioneer and Hillcrest Avenue; in the City of Toledo, Lucas County, Ohio; waiving all costs; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 154-14 adopted on April 8, 2014, declaring its intent, Petitioner has filed a request to vacate that portion of Willys Parkway between Pioneer and Hillcrest Avenue; in the City of Toledo, Lucas County, Ohio; as more fully described in Section 1 hereof.
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. During the vacation process it was determined the City of Toledo has received all fees for this vacation.
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 that portion of Willys Parkway between Pioneer and Hillcrest Avenue; in the City of Toledo, Lucas County, Ohio; and more fully described as follows:
Being a portion of Willy's Parkway right-of-way located south of Hillcrest Avenue and northwesterly of Interstate 75 all within the Southeast Quarter of Section Number 22 of the United States Reserve of the Twelve Miles Square at the foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, State of Ohio and more fully described as follows:
Commencing at the intersection of the southeasterly right-of-way of Hillcrest Avenue (having a 60.00' full right-of-way) and the easterly right-of-way of Willy's Parkway (having a varying right-of-way), said intersection having no station as per ODOT Plans "LUC-75-4.54" R/W Plans on Page 7 of 11 and also being the principal place of beginning for this description:
1) Thence SOUTH 1?-31'-38" EAST on the easterly right-of-way of said Willy's Parkway for a distance of 102.30 feet to a Point of Curvature to the Left and having a Plan Station of 20+30.19 at 55.00' Rt.
2) Thence on said curvature to the left having an Arc Length of 452.54', a Radius of 661.20', a Delta of 39?-12'-52" and a Chord Distance of 443.76 feet having a Chord Bearing of SOUTH 21?-08'-05" EAST to a point having a Plan Station of 15+40.00 at 55.00' Rt.
3) Thence SOUTH 49?-15'-35" WEST on the northerly right-of way of said Interstate 75 for a distance of 125.00 feet to a point having a Plan Station of 15+40.00 at 70.00' Lt.
4) Thence NORTH 35?-44'-32" WEST for a distance of 137.04 feet to a point having a Plan Station of 16+65.00 at 70.00' Lt.
5) Thence NORTH 59?-15'-28" EAST for a distance of 15.00 feet to a point having a Plan Station of 16+65.00 at 55.00' Lt. said point also being a Point of Curvature of a Non-Tangent Curve to the Right;
6) Thence on said curvature to the right having an Arc Length of 393.23', a Radius of 771.20', a
Delta of 29?-12'-52" and a Chord Distance of 388.98 feet having a Chord Bearing of NORTH 16?-08'-05" WEST to a point having a Plan Station of 20+30.19 at 55.00' Lt.;
7) Thence NORTH 1?-31'-38" WEST for a distance of 102.30 feet to a point on the southeasterly right-of-way of said Hillcrest Avenue;
8) Thence NORTH 1?-31'-38" WEST for a distance of 102.30 feet to a point on the southeasterly right-of-way of said Hillcrest Avenue;
9) Thence NORTH 88?-28'-22" EAST on the easterly prolongation of said southeasterly right-of-way of for a distance of 110.00 feet to the place of beginning for this description;
Said area contained within parcel equals 66,937.98 Sq. Ft. or 1.5367 Acre of land, Subject to all legal easements, restrictions and leases of record.
Description prepared by using plan information and not an actual field survey. This legal was scribed by Robert A. Babcock P.S. Registered Ohio Surveyor No. 7696. Bearings used are based upon the Right-of-Way Plan Set for LUC-75-4.54, Toledo Expressway System Part 33, dated on 10-7-1971, a complete right-of-way set consists of 11 pages.
10) Thence NORTH 88?-28'-22" EAST on the easterly prolongation of said southeasterly right-of-way of for a distance of 110.00 feet to the place of beginning for this description;
Said area contained within parcel equals 66,937.98 Sq. Ft. or 1.5367 Acre of land, Subject to all legal easements, restrictions and leases of record.
Description prepared by using plan information and not an actual field survey. This legal was scribed by Robert A. Babcock P.S. Registered Ohio Surveyor No. 7696. Bearings used are based upon the Right-of-Way Plan Set for LUC-75-4.54, Toledo Expressway System Part 33, dated on 10-7-1971, a complete right-of-way set consists of 11 pages.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following condition(s), if any:
The following four (10) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Engineering Services
1. Close Willy's Parkway southbound at Hillcrest Avenue and northbound at Pioneer Lane using proper signage and appropriate guard rail.
2. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from One Stop Shop, (419) 245-1220.
3. Contact Scott Bishop at (419) 936-2756 for inspection of work performed in the right-of-way.
4. Maintain sidewalk access from Hillcrest Avenue to Pioneer Lane.
5. It is recommended that a bike path connector be planned to connect Willys
Parkway at Hillcrest Avenue with the proposed bike path at Pioneer Lane.
6. The Ohio Department of Transportation (ODOT) shall be granted temporary access to the vacated area for the construction of ODOT Project LUC-75-4.52.
7. An existing 15" public sewer is installed within the existing right of way that outlets to Willys Creek. The City of Toledo shall retain a minimum 20-ft. wide permanent easement centered on the conduit, with rights of ingress and egress.
8. An 110' foot utility easement (or as described on the drawing) shall be dedicated to the City of Toledo for public (sewer/water/drainage) facilities. The easement shall be primary in nature to any other easements located therein, and any easement retained by any other entity shall be subject first to the easement rights of the City of Toledo. Said easement herein shall be permanent in nature for each utility facility currently located thereon and shall run with the land. Said easement also includes reasonable rights of ingress and egress over and through the utility easement area for the purpose of operating, maintaining, replacing, repairing, and/or constructing any utility facilities located within the easement. The property owner shall not construct fences, walls, or other barriers, that would impede access onto the easement. No temporary or permanent structures, including building foundations, roof overhangs or other barriers denying access, may be constructed on or within the easement. Driveways, parking lots, walkways, and other similar improvements are acceptable. The property owner hereby releases the City of Toledo, only, from any liability, responsibility, or costs resulting from the City's removal of any barriers that deny ingress or egress from the easement or that obstruct access to the public utilities located on said property, and the City of Toledo shall have no obligation or duty to restore or compensate the property owner for the removed facilities.
Toledo Edison
9. Toledo Edison has existing street lighting facilities within the area to be vacated.
10. Pedestrian and bicycle connectivity shall be maintained between the Willys Parkway neighborhood and Overland Industrial Parkway.
SECTION 3. Payment of fees for engineering fees, recording fees and cost of land equaling $10,486.39 was made waived as the city of Toledo is the applicant.
SECTION 4. That the Real Estate Section of the Department of 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 a 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