Label
Vacate Portion
Of Jefferson Ave.
Zoning & Planning
Title
Vacation of all that portion of Jefferson Avenue lying between Water Street and the Maumee River, Toledo, Lucas County Ohio, waiving certain fees; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 075-26, was adopted on March 3, 2026 declaring its intent to vacate all that portion of Jefferson Avenue lying between Water Street and the Maumee River, located in the City of Toledo, Lucas County, Ohio.
On May 14, 2026, the Toledo City Plan Commission recommended approval of the request for a vacation of all that portion of Jefferson Avenue lying between Water Street and the Maumee River, all within the City of Toledo, Lucas County, Ohio.
The City Council Zoning and Planning Committee on June 17, 2026, sent as approved the request for the vacation of all that portion of Jefferson Avenue lying between Water Street and the Maumee River, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on August 10, 2026 and approved the request for vacation of all that portion of Jefferson Avenue lying between Water Street and the Maumee River, 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.
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 that portion of Jefferson Avenue lying between Water Street and the Maumee River, located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
Being a parcel of land located in the Plat of “Fort Industry Square Parking” all within River Tract 2 in the Twelve Mile Reserve in the City of Toledo, Lucas County, Ohio and more fully described as follows:
Commencing at an Iron Rod found in a Monument Box at the centerline intersection of Summit Street (having a Right-of-Way width of 80.00 feet) and Jefferson Avenue (having a Right-of-Way that varies), said point being the POINT OF COMMENCEMENT for this description:
Thence SOUTH 56°-51’-35” EAST on said centerline of Jefferson Avenue for a distance of 187.38 feet to an Iron Rod found in a Monument Box, said point marking the centerline intersection of vacated Water Street;
Thence SOUTH 56°-51’-35” EAST on said centerline of Jefferson Avenue for a distance of 108.16 feet to a point on the North line of street closure for Jefferson Avenue as described in Ordinance 657-80, said point being 0.03 feet East and 0.04 feet North of a found PK nail;
Thence SOUTH 33°-24’-18” WEST for a distance of 22.00 feet on said North line of street closure for Jefferson Avenue to a point, said point being 0.09 feet East and 0.14 feet North of a found Aluminum Plate Monument, said point being the POINT OF BEGINNING:
Thence SOUTH 56°-51’-35” EAST, being southwesterly 22.00 feet and parallel of Jefferson Avenue centerline, for a distance of 220.48 feet to a point on the Harbor Line as established on the Harbor Line Plans approved by the Secretary of War in 1917;
Thence SOUTH 35°-01’-44” WEST for a distance of 18.01 feet on said Harbor Line to a point;
Thence NORTH 56°-51’-35” WEST, being southwesterly 40.00 feet and parallel of Jefferson Avenue centerline, for a distance of 219.97 feet to a point on said North line of street closure for Jefferson Avenue;
Thence NORTH 33°-24’-18” EAST on said North line of street closure for Jefferson Avenue for a distance of 18.00 feet to a point, said point being the POINT OF BEGINNING.
The area described above contains 3964.0428 Square Feet or 0.0910 Acre of land more or less, subject to all legal highways, leases, easements and restrictions of record.
Bearings based on the Ohio State plan Coordinate System (Ohio North Zone, NAD 83 (1995) prior to the HARN Shift. Bearings are for the express purpose of showing angular measurement only.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following seven (7) 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.
Division of Engineering Services
2. 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: "The full width easement is hereby retained over, across, under and through said vacated area for the existing water main 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, 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.
Fire Prevention Bureau
3. Fire Department access must be maintained to the river for any and all events that occur in Prominade Park as well as to the docks to access the fire boat for fire and rescue operations. (OFC 503.1)
4. Access to these areas needs to be maintained from multiple points because of events that are held in this area throughout the year. (OFC 503.1.2)
5. The Fire Department shall review and approve the revised vacation survey and legal description to ensure adequate access is maintained.
Division of Transportation
6. A formalized agreement shall be tied to the vacation stating that vehicular access to the Maumee River shall be established through this property.
7. 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.
SECTION 3. That Land Fees of $321,449.08 have been waived.
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