Label
Vacation of Whitmer Dr.
Zoning & Planning
Title
Vacation of a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place located in the City of Toledo, Lucas County, Ohio, subject to certain conditions, waiving land costs; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 58-25 adopted on February 25, 2025 declaring its intent to vacate a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place, located in the City of Toledo, Lucas County, Ohio.
On April 10, 2025, the Toledo City Plan Commission recommended approval of the request for the vacation of a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place, all within the City of Toledo, Lucas County, Ohio.
The City Council Zoning and Planning Committee on May 14, 2025, sent as approved the request for the vacation of a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on July 24, 2025 and approved the request for vacation of a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place, 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 a portion of Whitmer Drive lying between West Alexis Road and Lyceum Place, located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
A parcel of land being part of the Northeast Quarter (1/4) of Section eight (8), Town nine (9) South, Range seven (7) East, in the City of Toledo, Lucas County, Ohio, said parcel of land being bounded and described as follows:
Commencing at the intersection of the West line of said Northeast Quarter (1/4) of Section eight (8) with the North line of said Northeast Quarter (1/4) of Section eight (8), said North line the Northeast Quarter (1/4) of Section eight (8), also being the centerline of West Alexis Road, as it now exists, said point of intersection being marked with a found monument box with an iron rod;
Thence in a easterly direction along said North line of the Northeast Quarter (1/4) of Section eight (8), having a bearing of North eighty-nine (89) degrees, twenty-two (22) minutes, twelve (12) seconds East, based on the Ohio State Plane Coordinate System, North Zone, NAD 83 (2011), a distance of one hundred eighty and thirty-nine hundredths (180.39’) feet to a point, said point being marked with a set Mag nail;
Thence South zero (00) degrees, thirty-seven (37) minutes, forty-eight (48) seconds East along a line, a distance of forty-five and zero hundredths (45.00’) feet to the intersection of a line drawn forty-five and zero hundredths (45.00’) feet southerly of and parallel with said North line of the Northeast Quarter (1/4) of Section eight (8), said point of intersection being marked with a set capped iron rebar, said point of intersection also being the True Point of Beginning;
1. Thence South one (01) degree, seven (07) minutes, fourteen (14) seconds East along a line drawn thirty and zero hundredths (30.00’) easterly of and parallel with the centerline of Whitmer Drive, as it now exists, a distance of one thousand seven hundred fifty-nine and twenty-nine hundredths (1759.29’) feet to the intersection of a line drawn thirty and zero hundredths (30.00’) feet northerly of and parallel with the centerline of Lyceum Place, as it now exists, said point of intersection being marked with a found iron pin;
2. Thence South eighty-nine (89) degrees, forty-two (42) minutes, eight (08) seconds West along said line drawn thirty and zero hundredths (30.00’) feet northerly of and parallel with the centerline of Lyceum Place, as it now exists, a distance of sixty and one hundredth (60.01’) feet to the intersection of line drawn thirty and zero hundredths (30.00’) westerly of and parallel with said centerline of Whitmer Drive, as it now exists, said point of intersection being marked with a set capped iron rebar;
3. Thence North one (01) degree, seven (07) minutes, fourteen (14) seconds West along said line drawn thirty and zero hundredths (30.00’) westerly of and parallel with the centerline of Whitmer Drive, as it now exists, a distance of one thousand seven hundred three and ninety-four hundredths (1703.94’) feet to the intersection of a line drawn one hundred and zero hundredths (100.00’) feet southerly of and parallel with said North line of the Northeast Quarter (1/4) of Section eight (8), said point of intersection being marked with a set capped iron rebar;
4. Thence South eighty-nine (89) degrees, twenty-two (22) minutes, twelve (12) seconds West along said line drawn one hundred and zero hundredths (100.00’) feet southerly of and parallel with the North line of the Northeast Quarter (1/4) of Section eight (8), a distance of twenty and zero hundredths (20.00’) feet, to the intersection of a line drawn fifty and zero hundredths (50.00’) feet westerly of and parallel with said centerline of Whitmer Drive, as it now exists, said point of intersection being marked with a set capped iron rebar;
5. Thence North one (01) degree, seven (07) minutes, fourteen (14) seconds West along said line drawn fifty and zero hundredths (50.00’) feet westerly of and parallel with the centerline of Whitmer Drive, as it now exists, a distance of fifty-five and zero hundredths (55.00’) feet to the intersection of said line drawn line drawn forty-five and zero hundredths (45.00’) feet southerly of and parallel with the North line of the Northeast Quarter (1/4) of Section eight (8), said point of intersection being marked with a set capped iron rebar;
6. Thence North eighty-nine (89) degrees, twenty-two (22) minutes, twelve (12) seconds East along said line drawn forty-five and zero hundredths (45.00’) feet southerly of and parallel with the North line of the Northeast Quarter (1/4) of Section eight (8), a distance of eighty and zero hundredths (80.00’) feet to the True Point of Beginning.
Said parcel of land having a total area of 106,647 square feet or 2.448 acres of land more or less. Said parcel contained within Lucas County Tax Parcel Number 23-03277.
The above described parcel of land is subject to any and all leases, easements and restrictions of record.
Prior deed references are Deed Volume 708, Page 539, Deed Volume 1264, Page 543, and Deed Volume 1277, Page 103, Volume 1595, Page 381, Volume 1744, Page 594, Volume 1977, Page 601, Official Record 20220112-0002078, and Official Record 202311120-0037907, all in Lucas County Deed Records, currently deeded to Washington Local School District.
The bearings used heron are based on the Ohio State Plane Coordinate System, North Zone, NAD 83 (2011), U.S. survey feet.
Said set capped iron rebars being a 5/8" diameter by 30" long iron rebar with a plastic cap stamped “PS 7973".
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following six (6) 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. 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 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 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. Easements shall be retained unless utilities are relocated.
Division of Engineering Services
2. An update is needed to the existing easement granted to Toledo by Washington Local for the enclosed Silver Creek. The easement is 30 feet wide, running approximately east-west, except it does not cover the right-of-way. The easement needs to be updated to be continuous where it crosses the vacated land. The current recorded document is number 20160413-0013806.
3. Provide easement for sanitary sewer crossing parking lot and then going down Edgar Street.
4. Show full width easement on Edgar Street per Ordinance 472-72. See attached map in Exhibit A.
Division of Transportation
5. 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
6. Right-of-way for the relocated Whitmer Drive shall be dedicated for public use per Final Plat procedures of the City of Toledo Subdivision Rules and Regulations.
SECTION 3. That Land Fees of $55,456.44 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