File #: R-280-23    Version: 1 Name:
Type: Resolution Status: Approved
File created: 5/4/2023 In control: City Council
On agenda: 5/16/2023 Final action: 5/16/2023
Title: Declaring the intent to vacate a portion of Wayman Palmer Court within the Plat of Shaws Addition, all within the City of Toledo, Lucas County Ohio; and declaring an emergency.

Label

The Clerk Reports

 

Title

Declaring the intent to vacate a portion of Wayman Palmer Court within the Plat of Shaws Addition, 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 Wayman Palmer Court, all within the Plat of Shaws Addition, 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 that portion of Wayman Palmer Court as further described below:

 

A parcel of land being part of Dedicated Wayman Palmer Court, being Lot 14 and part of vacated Linwood Avenue and part of Wayman Palmer Court (formerly Beacon Street) in Shaws Addition as Recorded in Volume 2A, Page 33 Lucas County Plat Records, in the City of Toledo, Lucas County Ohio, said parcel of land being bounded and described as follows:

 

Commencing at the intersection of Wayman Palmer Court and with the centerline of Franklin Avenue, said point of intersection being marked with a found monument box;

 

thence in an easterly direction along the centerline of Wayman Palmer Court, having a bearing of

North eighty-eight (88) degrees, fifty-seven (57) minutes, sixteen (16) seconds East, a distance of four hundred fifty-six and thirty-one hundredths (456.31') feet to the Point of Beginning;

 

thence North zero (00) degrees, fifty-six (56) minutes, fifty-eight (58) seconds West along a line, passing by a found Mag nail at a distance of thirty-three and ten hundredths (33.10’) feet and zero and twenty-thee hundredths (0.23’) East, a total distance of eighty-three and zero hundredths (83.00') feet to the intersection of the North line of Dedicated Wayman Palmer Court;

 

thence North eighty-eight (88) degrees, fifty-seven (57) minutes, sixteen (16) seconds East along North line of Dedicated Wayman Palmer Court, a distance of one hundred fifty and sixty-five hundredths (150.65') feet to the intersection of the East line of Dedicated Wayman Palmer Court;

 

thence South zero (00) degrees, fifty-six (56) minutes, fifty-eight (58) seconds East along the East line of Dedicated Wayman Palmer Court, a distance of one hundred sixteen and zero hundredths (116.00') feet to the intersection of the South line of Dedicated Wayman Palmer Court;

 

thence South eighty-eight (88) degrees, fifty-seven (57) minutes, sixteen (16) seconds West along the South line of Dedicated Wayman Palmer Court, a distance of one hundred fifty and sixty-five hundredths (150.65') feet to a point, said point being referenced by a found iron pipe being 0.07’ feet North and 0.15’ feet East from said point;

 

thence North zero (00) degrees, fifty-six (56) minutes, fifty-eight (58) seconds West along a line, a distance of thirty-three and zero hundredths (33.00') feet to the Point of Beginning

 

Said parcel of land containing an area of 17,475 square feet, 0.401 acres of land, more or less.   Subject to legal highways.

 

The above-described parcel of land is subject to any and all leases, easements, and restrictions of record.

 

Said parcel of land having a present right-of-way occupied area of 17,474 square feet or 0.401 acres of land, more or less.

 

The bearings used hereon are based on an assumed meridian and are for the express purpose of calculating angular measurement.

 

The above description is based on a survey performed under my supervision during December 2022. 

 

Prior Deed Reference is Ordinance Number 38-86, Lucas County Records.

 

                     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.

 

 

Adopted: May 16, 2023, as an emergency measure:  yeas 12, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               May 16, 2023

Wade Kapszukiewicz

Mayor