Label
DPU092226APPROPRIATE878088008820CEDARPOINTROAD
Haylie Kennedy
(419) 450-9561
Title
Declaring the necessity and intention to acquire real property by appropriation for purposes of establishing a utility easement across a portion of property located at 8780, 8800, and 8820 Cedar Point Road, Oregon, OH 43616 from James G. and Joan C. Mominee, et al., for the Raw Water Main Project; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Department of Public Utilities is proceeding with the Raw Water Main Project. This project involves installing a 72-inch Raw Water Main that conveys Lake Erie water to the Collins Park Water Treatment Plant. During the property acquisition phase, it has been determined that an area of land located at 8780, 8800, and 8820 Cedar Point Road does not list a current owner of record. This is most likely because the prior owners sold most of the land at this address but for an unknown reason did not include this 0.280 acres of land. The prior owners were a married couple, James G. and Joan C. Mominee. Mr. Mominee is deceased with unknown heirs. Mrs. Mominee reportedly moved to South Carolina. The purpose of this resolution is to declare the intent to acquire the necessary utility easement. This resolution will support the publications necessary to seek information about any heirs and interested parties.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That this City Council declares its intention to appropriate a utility easement from the legal owners of record, whomever that may be, across a portion of the property located at 8780, 8800, and 8820 Cedar Point Road, as more fully described below:
A parcel of land being part of North Half (1/2) of the Southeast Quarter (1/4) of Section twenty-seven (27), Township 9 South, Range 9 East, in Jerusalem Township, Lucas County, Ohio, said parcel of land being bounded and described as follows:
Commencing at the intersection of the South line of said Southeast Quarter (1/4) of Section twenty-seven (27) with the East line of said Southeast Quarter (1/4) of Section twenty-seven (27), said East line of the Southeast Quarter (1/4) of Section twenty-seven (27), also being the centerline of Decant Road, as it now exists, said point of intersection being marked with a found monument box;
Thence in a northerly direction along said East line of the Southeast Quarter (1/4) of Section twenty-seven (27), having a bearing of North zero (00) degrees, nineteen (19) minutes, thirty-six
(36) seconds West, based on the Ohio State Plane Coordinate System, North Zone, NAD 83 before HARN Shift of 1995, U.S. Survey Feet, a distance of one thousand three hundred twenty-nine and ninety-one hundredths (1,329.91') feet to the intersection of the South line of said North Half (1/2) of the Southeast Quarter (1/4) of Section twenty-seven (27);
Thence North eighty-nine (89) degrees, fifty-seven (57) minutes, twelve (12) seconds West along said South line of said North Half (1/2) of the Southeast Quarter (1/4) of Section twenty-seven (27), a distance of one thousand three hundred seventy-five and thirty hundredths (1,375.30') feet to a point, said point being the True Point of Beginning;
1. Thence continuing North eighty-nine (89) degrees, fifty-seven (57) minutes, twelve (12) seconds West along said South line of the North Half (l/2) of the Southeast Quarter (1/4) of Section twenty-seven (27), a distance of six hundred twenty-four and six hundredths (624.06') feet to the intersection of the East line of a parcel of land recorded in Instrument 20160406-0012781, Lucas County Deed Records, currently deeded to Heng S. Kim (Parcel 81);
2. Thence North zero (00) degrees, nine (09) minutes, twenty-nine (29) seconds West along said East line of a parcel of land recorded in Instrument 20160406-0012781, Lucas County Deed Records, currently deeded to Heng S. Kim, a distance of twenty-two and nineteen hundredths (22.19') feet to the intersection of the South line of a parcel of land recorded in Instrument 20250325-0009525, Lucas County Deed Records, currently deeded to Bernhard and Jennifer Reumuller;
3. Thence South eighty-nine (89) degrees, eighteen (18) minutes, fifty-two (52) seconds East along said South line of a parcel of land recorded in Instrument 20250325-0009525, Lucas County Deed Records, currently deeded to Bernhard and Jennifer Reumuller, along the South line of a parcel of land recorded in 20251117-0041497, Lucas County Deed Records, currently deeded to Bernhard and Jennifer Reumuller and along the South line of a parcel of land recorded in Microfiche 00-0366B06, Lucas County Deed Records, currently deeded to Robert A. and Pamela M. Dieckmann, a distance of six hundred sixty-six and fifty-one hundredths (666.51') feet to the intersection of said East line of a parcel of land recorded in Microfiche 00-0366B06, Lucas County Deed Records, currently deeded to Robert A. and Pamela M. Dieckmann
4. Thence South zero (00) degrees, twelve (12) minutes, fifty-one (51) seconds East along the southerly extension of said East line of a parcel of land recorded in Microfiche 00-0366B06, Lucas County Deed Records, currently deeded to Robert A. and Pamela M. Dieckmann, a distance of nine and fourteen hundredths (9.14') feet to a point;
5. Thence South eighty-two (82) degrees, twenty-nine (29) minutes, fifty-six (56) seconds West along a line, a distance of forty-two and seventy-four hundredths (42.74') feet to the True Point of Beginning.
Said parcel of land having an area of 12,193 square feet or 0.280 acres of land, more or less, all contained within a parcel of land recorded in Microfiche 86-583D10, Lucas County Deed Records, currently owned by James G. and Joan C. Mominee, previously non-transferred lands.
The above-described parcel of land is subject to any and all leases, easements and restrictions of record.
Prior deed reference is Microfiche 86-583Dl 0, Lucas County Deed Records, currently owned by James G. and Joan C. Mominee and Microfiche 00-269C11, Lucas County Record Deeds, currently owned by James G. and Joan C. Mominee.
The bearings are based on the Ohio State Plane Coordinate System, North Zone, NAD 83 before HARN Shift of 1995, U.S. Survey Feet.
SECTION 2. That negotiations for the acquisition of the above-described property have been unsuccessful to date because the title work performed by West Erie Realty Solutions, Ltd demonstrates a gap in ownership, but the property interests so described are necessary for the installation of the 72-inch Raw Water Main.
SECTION 3. That it is ordered and directed that, once adopted, the Clerk of Council shall publish this resolution in accordance with the laws for service when an owner or address is unknown, and sent to any last known addresses in the title work, if any.
SECTION 4. That this Resolution is declared to be an emergency measure and shall be in force and effect from and after passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the acquisition of this property is necessary for the timely construction of the Raw Water Main to provide drinking water to Toledo’s customers and nearby communities.
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