Label
Zoning & Planning Committee
Title
Vacation of the parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, located 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. 244-24 adopted on May 22, 2024 declaring its intent to vacate the parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, located in the City of Toledo, Lucas County Ohio.
On June 13, 2024, the Toledo City Plan Commission recommended approval of the request for the vacation of the parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, all within the City of Toledo, Lucas County Ohio.
The City Council Zoning and Planning Committee on July 16, 2024, sent as approved the request for the vacation of the parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, all within the City of Toledo, Lucas County Ohio.
The Board of Revision met on December 9, 2024 and approved the request for the parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, 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 $3,414.38 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 parcel of land being part of Lot 290 and Lot 291 of the Stickney’s 3rd Addition, and part of Stickney’s Addition of Lot 290, constituting .3801-acre alley vacation, located in the City of Toledo, Lucas County Ohio, and more fully described as follows:
Commencing at an Iron Pin (1" Found) monument marking the Intersection of Galena Street (As in Now Exists) and Michigan Street (66' Right-of-way);
Thence South 43°51'56" West along the Centerline of said Michigan Street, a distance of 629.88 Feet to a PK Nail (set);
Thence North 45°58'04" West, a distance of 33.00 Feet to an Iron Pipe (1/2" Found), said point being on the northerly right-of-way line of said Michigan Street, also being the southwest corner of Lot 11 in said Stickney's Addition of Lot 290;
Thence North 45°58'04" West, along the southerly line of said Lot 11, a distance of 112.00 Feet to an Iron Pipe (1/2" Found), said point being the northwest corner of said Lot 11, said point also being the Point of Beginning of the herein described alley vacation;
Thence South 43°51'41" West, along the northerly line of Lot 1 & Lot 2 in said Stickney's Addition of Lot 290, a distance of 49.50 feet to an Iron Pin (set), said point being the northwest corner of said Lot 1, said point also being on the easterly line of Lot 23 in the Tracy's Subdivision of Stickney (Plat Vol 13 Page 29);
Thence North 45°58'04" West, along the easterly line of said Lot 23, a distance of 16.00 feet to an Iron Pin (set), said point being the southwest corner of Lot 4 in said Stickney's Addition of Lot 290;
Thence North 43°51'56" East, along the southerly line of Lot 3 & 4 and Lot 9 & 10 in said Stickney's Addition of Lot 290, a distance of 99.00 feet to an Iron Pin (set), said point being the southeast corner of said Lot 9;
Thence North 45°58'04" West, along the easterly line of said Lot 9, a distance of 7.00 feet to an Iron Pin (set);
Thence North 43°51'56" East, a distance of 49.50 feet to an Iron Pin (set), said point on the northerly line of said Lot 290, also being the southerly line of said Lot 289;
Thence North 45°58'04" West, along the northerly line of said Lot 290 and southerly line of said Lot 289, a distance of 112.50 feet to an Iron Pin (set);
Thence South 43°51'56" West, crossing said Lot 290 and being along the northerly line of said Lot 3 & 4 and Lot 9 & 10 in said Stickney's Addition of Lot 290, a distance of 148.50 feet to an Iron Pin (set), said point on the easterly line of Lot 19 in said Tracy's Subdivision of Stickney;
Thence North 45°58'04" West, along the easterly line of Lot 17, Lot 18 & Lot 19 in said Tracy's Subdivision of Stickney, a distance of 50.00 feet to an Iron Pin (set);
Thence North 43°51'56" East, along the southerly line of Lot 5 thru Lot 8 in said Stickney's Addition of Lot 290, a distance of 99.00 feet to an Iron Pin (set), said point being the southeast corner of said Lot 8;
Thence crossing said Lot 290 with the following two (2) courses:
(A) North 32°19'01" East, a distance of 27.56 feet to an Iron Pipe (1/2" found);
(B) North 09°15'33" East, a distance of 27.41 feet to an Iron Pin (set), said point being on the northerly line of said Lot 290, also being the southerly line of said Lot 289;
Thence crossing said Lot 289 with the following three (3) courses:
(1) South 77°45'33" East, a distance of 67.19 feet to an Iron Pin (set);
(2) South 46°16'10" East, a distance of 131.61 feet to an Iron Pin (set);
(3) South 17°42'00" West, a distance of 40.27 feet to an Iron Pin (set), said point being on the northerly line of said Lot 290, also being the southerly line of said Lot 289;
Thence South 43°51'56" West, crossing said Lot 290 and being along the northerly line of said Lot 11 & 12 in said Stickney's Addition of Lot 290, a distance of 99.00 feet to an Iron Pipe (1/2" Found), said point being the Point of Beginning, containing 0.3801-Acres (16,558.37 SF) more or less, subject to legal highways, easements and restrictions of record.
Basis of Bearings for the herein description being the centerline of Relocated Champlain Street, being as North 48°24'33" East per LUC-280-4.25 ODOT Roadway Plans. Based upon an assumed meridian and should be used only for the purposes of describing horizontal angular measurements.
The herein described parcel being part of the following tracts of land
Champlain Street - 50' Right-of-way Per Stickney's Addition of Lot 290
Champlain Street - 50' Right-of-way Per City Atlas Sht 4 (Vol 395 Page 452)
Various Parcels - ODOT Release of Easement (Deed 00-0092 E03)
16' Alley - Per Stickney's Addition of Lot 290
Said set iron pins are 5/8 inch diameter iron rebars with Identification cap marked "DRF S-8131".
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.
Engineering Services
1. The property owner shall install a gate valve in a manhole on the existing 6-inch diameter water main. The portion of 6-inch diameter water main in the vacated right- of-way shall become private with the responsibility of the owner to maintain. Alternatively, the hydrant at the end of the existing water main shall be moved to the right-of-way line, and the remainder of the water main abandoned, at the expense of the property owner.
Bureau of Fire Prevention
2. The dead-end hydrant at the NE end of Champlain Street needs to be removed.
Toledo Edison
3. As discussed during our field meet yesterday, 6/10/2024, Toledo Edison has a span of secondary, a pole and a streetlight in the area the City of Toledo is looking to vacate the Right-of-Way. Toledo Edison can remove this overhead span, pole and streetlight but we will need a request from the City of Toledo to do so.
Law Department
4. Within the allowed limits 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 the indemnification shall be kept in the permanent file o the Clerk of Council.
5. 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. This condition shall not apply if the applicant satisfies the requirements of condition 1.
Plan Commission
6. The proposed vacation cannot result in the loss of access for any abutting properties.
7. A Site Plan Review shall be required for any future developments within the vacated area in accordance with the provisions of the Toledo Municipal Code.
SECTION 3. 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 4. 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 5. 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