Label
Vacation 2024 Champlain Alley
Zoning & Planning
Title
Vacation of the twenty-five (25) foot alley located behind 2024 Champlain Street, located in the City of Toledo, Lucas County, Ohio, subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 465-25 adopted on October 7, 2025 declaring its intent to vacate the twenty-five (25) foot alley located behind 2024 Champlain Street, located in the City of Toledo, Lucas County, Ohio.
On December 4, 2025, the Toledo City Plan Commission recommended approval of the request for the vacation of the twenty-five (25) foot alley located behind 2024 Champlain Street, all within the City of Toledo, Lucas County, Ohio.
The City Council Zoning and Planning Committee on January 7, 2026, left in committee due to the lack of a quorum, the request for the vacation of the twenty-five (25) foot alley located behind 2024 Champlain Street, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on March 19, 2026 and approved the request for vacation of the twenty-five (25) foot alley located behind 2024 Champlain Street, 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 $2,136.25 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 twenty-five (25) foot alley located behind 2024 Champlain Street located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
Southwest-Northeast Alley bounded by Vandalia Street, Michigan Street, Relocated Galena Street & Relocated Champlain Street. Being a 26 feet wide strip and including 5 feet chamfered ends. Beginning at the Westerly property lines of Lots 9 & 28 and terminating at the Easterly property lines of Lots 14 & 23. All located in block 159 of the Nichol’s 2nd Addition as Recorded in Vol. 5, Pg. 20 of plats, City of Toledo, Lucas County, Ohio.
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.
Division of Engineering Services
1. A full-width easement will be required to maintain the existing public utilities. The easement shall be dedicated to the City of Toledo, for City utility use only, to allow for future maintenance and shall not be combined with easements for other utilities. The following language shall appear in the authorizing vacation ordinance that shall be recorded and a notation placed in the remarks section of the County's real estate records: That a full width (25 foot) easement is hereby retained over, across, under and through said vacated area as described in Section l herein, for the existing combine sewer located in said vacated right of way. All City of Toledo facilities located within said easement are hereby dedicated to the City of Toledo, for City utility use only, to allow for future maintenance, repairs, replacements, etc., and shall not be combined with easements for other utilities. The easement hereby retained by the City of Toledo herein shall be primary in nature to any other utilities located therein, and any easement retained by any other utility as a result of this Ordinance shall be subject first to the easement rights of the City of Toledo. Said easement herein shall be permanent in nature for each utility 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 utilities 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 structure, 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. Further, any modification and/or release of any easement granted or retained by any utility as a result of this Ordinance shall be obtained by the owner separately from each utility, as to their interest(s) only, by separate, recordable instrument.
Division of Transportation
2. 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.
Plan Commission
3. The properties abutting the alley shall be combined so that no existing structure crosses a property line. The following parcels shall be combined:
2024 Champlain Street: 1104867; 1104874; 1104861; 1104871; 1104864; 1104877
2025 N Michigan Street: 1104914; 1104921; 1104924; 1104917
2017 N Michigan Street: 1104931; 1104927
4. Outdoor storage is subject to the screening requirements of TMC§1108.0203(H).
SECTION 3. That fees totaling $2,136.25 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