Label
Zoning & Planning Committee
Title
Declaring the vacation of all of a 20-foot-wide alley located between Lots 5, 6 and 7,8 together with a portion of a 16-foot-wide alley lying easterly of Lot 4 and south of Lot 5 and lying northerly of Lot 9, Lot 10, and the west 8’ of Lot 11 within the Plat of Sumner’s Subdivision of Part of Osborne Place, in the City of Toledo, Lucas County, Ohio; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 287-21 adopted on May 25, 2021, declaring its intent to vacate a portion of the 20-foot alley and all of a 16-foot alley surrounded by Lagrange, Moore and Elton Street, in the City of Toledo, Lucas County, Ohio; as more fully described in Section 1 hereof.
On July 8, 2021, the Toledo City Plan Commission recommended approval of the request for the vacation of all of a 20 foot wide alley located between Lots 5, 6 and 7,8 together with a portion of a 16 foot wide alley lying easterly of Lot 4 and south of Lot 5 and lying northerly of Lot 9, Lot 10, and the west 8’ of Lot 11 within the Plat of Sumner’s Subdivision of Part of Osborne Place, recorded on November 15 1890 in Plat Volume 13 on page 38.”in the City of Toledo, Lucas County, Ohio.
The City Council Zoning and Planning Committee on August 11, 2021, sent as approved the request for the vacation of all of a 20 foot wide alley located between Lots 5, 6 and 7,8 together with a portion of a 16 foot wide alley lying easterly of Lot 4 and south of Lot 5 and lying northerly of Lot 9, Lot 10, and the west 8’ of Lot 11 within the Plat of Sumner’s Subdivision of Part of Osborne Place, recorded on November 15 1890 in Plat Volume 13 on page 38.” in the City of Toledo, Lucas County, Ohio.
The Board of Revision met on October 21, 2021 and approved the request for the vacation of all of a 20 foot wide alley located between Lots 5, 6 and 7,8 together with a portion of a 16 foot wide alley lying easterly of Lot 4 and south of Lot 5 and lying northerly of Lot 9, Lot 10, and the west 8’ of Lot 11 within the Plat of Sumner’s Subdivision of Part of Osborne Place, recorded on November 15 1890 in Plat Volume 13 on page 38.”in 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. During the vacation process it was determined the City of Toledo has waived 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 all of a 20 foot wide alley located between Lots 5, 6 and 7,8 together with a portion of a 16 foot wide alley lying easterly of Lot 4 and south of Lot 5 and lying northerly of Lot 9, Lot 10, and the west 8’ of Lot 11 within the Plat of Sumner’s Subdivision of Part of Osborne Place, recorded on November 15 1890 in Plat Volume 13 on page 38.”in the City of Toledo, Lucas County, Ohio;
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following condition(s):
The following four (4) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Division of Engineering Services
1. A full width easement shall be retained by the City of Toledo over vacated right of way. The following language shall appear in the authorizing vacation ordinance which shall be recorded and a notation placed in the remarks section of the County’s real estate records:
“That a full width (16 foot) easement is hereby retained over, across, under and through said vacated area as described in Section 1 herein, for the existing sewer and/or water facilities located in said vacated right of way, together with any other utilities located therein, as they exist at the time of passage of this Ordinance. 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, nor plant trees or other large vegetation which 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 which deny ingress or egress from the easement or which 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.”
2. A pre-submittal meeting is not required; however, one may be requested. Contact information is as follows:
Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850
Right-of-Way and Inspection: 419-245-1341
Roadway: 419-245-1344
Water 419-936-2163
Stormwater Drainage: 419-245-3221; 419-245-1338
Sanitary Sewers: 419-936-2276
Division of Transportation
3. This vacation will create a dead-end alley coming from Elm Street. For this vacation to happen, a turnaround must be created at the end of the alley or full vacation of alley from Elm Street.
Plan Commission
4. The proposed vacation cannot result in the loss of access for any abutting properties without the consent of abutting property owners.
SECTION 3. That a full width easement in favor of the City is retained across, under and through said vacated area as described in Section 1 herein for the City’s future maintenance, repair, and replacement of the existing sewer, water and/or storm water facilities located in the vacated area. All City facilities located within said vacated area are hereby dedicated to the City for exclusive City utility use only and shall not be combined with easements or rights for other utilities. The easement retained by the City 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. The City shall be released and held harmless for any liability, responsibility costs, or damages resulting from the City’s removal of any barriers which impede the City ingress or egress from the easement or which obstruct access to the utilities located within the vacated area. The City 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. 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.
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. All Fees required have been paid for a total of $1025.74.
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