Label
TDOT092325APPROPRIATE1525CHERRY
Engineering and Construction Management
Timothy Grosjean (x1344)
Revised
Title
Authorizing the Mayor and the Director of Law to proceed with the appropriation of the property owned by HG Toledo LLC, located at 1525 Cherry Street, Toledo, Lucas County, Ohio necessary for a safety project; authorizing the expenditure and payment to the Lucas County Clerk of Courts in the amount of $325; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The city is proceeding with a safety project at the intersection of Cherry Street and Bancroft Street, which will include a complete realignment of Canton Street at Cherry Street, as well as the addition of a median, signal improvements, resurfacing, and utility improvements, which will better meet the current needs of the public. The project will require the purchase, in fee, of the property located at 1525 Cherry Street, which contains a total of 0.001 acres, more or less, from HG Toledo LLC. This appropriation is necessary because negotiations between the City of Toledo and HG Toledo LLC have failed. A copy of Resolution No. 410-25 has been served upon HG Toledo LLC via Express U.S. Mail. It is the intent of the Division of Engineering and Construction Management to begin work related to the public improvement project as soon as possible upon the filing of the petition in Common Pleas Court, via “Quick Take” procedures.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor and the Director of Law is authorized to appropriate, in fee, from HG Toledo LLC., the real estate located at 1525 Cherry Street (Parcel #1630174), as more fully described below:
PARCEL 5-WD LUC-120-18.20
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS IN THE NAME AND FOR THE USE OF THE
CITY OF TOLEDO, LUCAS COUNTY, OHIO
Situated in the State of Ohio, County of Lucas, City of Toledo, being part of the Northwest Quarter of Section 36, Town 9 South, Range 7 East, and Lot 8 of Woodruffs Addition, a subdivision of record through Plat Volume I, Page 71, out of a parcel of land conveyed to HG- Toledo, LLC (as of the date of this survey) through Instrument Number 20150129-0003567, and being on the right side of the centerline of right of way of Cherry Street (State Route 120) and right side of the centerline of right of way of Bancroft Street as shown on a centerline survey plat made in August of 2024, for the City of Toledo titled "LUC-120-18.20-PID 118202" bounded and described as follows:
Commencing, at a bolt found in a monument box marking the intersection of the centerline of right of way of Bancroft Street with the centerline of right of way of Cherry Street (Station 19+99.09 Bancroft Street and Station 40+06.03 Cherry Street);
Thence Westerly along the centerline of right of way of Bancroft Street, South 89 Degrees 01 Minutes 22 Seconds West a distance of 28.39 feet, to a point (Station 19+70.70 Bancroft Street);
Thence Southerly along a line perpendicular to the centerline of right of way of Bancroft Street, South 00 Degrees 58 Minutes 38 Seconds East a distance of 33.00 feet, to the Northeast corner of said Lot 8, said point being the intersection of the Westerly existing right of way line of Cherry Street with the Southerly existing right of way line of Bancroft Street and the True Point of Beginning (Station 19+70.70, 33.00 feet right Bancroft Street and Station 40+19.92, 41.25 feet right Cherry Street);
1. Thence Southerly along the Easterly line of said Lot 8 and Westerly existing right of way line of Cherry Street, South 31 Degrees 39 Minutes 46 Seconds East a distance of 18.08 feet, to an iron pin set on the Southerly proposed right of way line of Bancroft Street (Station 40+38.00, 41.25 feet right Cherry Street);
2. Thence Northerly along said Southerly proposed right of way line, North 51 Degrees 32 Minutes 09 Seconds West a distance of 15.95 feet, to an iron pin set on the Southerly existing right of way line of Bancroft Street (Station 40+23.00, 46.67 feet right Cherry Street and Station l 9+67.61, 38.41 feet right Bancroft Street);
3. Thence Westerly along said Southerly existing right of way line, North 76 Degrees 58 Minutes 33 Seconds West a distance of 6.87 feet, to an iron pin set (Station l 9+60.94, 36.75 feet right Bancroft Street);
4. Thence continuing Westerly along said Southerly existing right of way line, South 89 Degrees 01 Minutes 22 Seconds West a distance of 82.11 feet, to an iron pin set on the line common to said Lot 8 and Lot 12 of said Woodruffs Addition (Station 18+78.83, 36.75 feet right Bancroft Street);
5. Thence Northerly along the line common to said Lots 8 and 12, North O l Degrees 04 Minutes 13 Seconds West a distance of 3.75 feet, to the common corner thereof (Station l 8+78.82, 33.00 feet right Bancroft Street);
6. Thence Easterly along the Northerly line of said Lot 8, North 89 Degrees O l Minutes 22 Seconds East a distance of91.88 feet, to the True Point of Beginning.
The above-described parcel contains 0.009 acres of land, more or less, of which the present road occupies 0.008 acres leaving a net take of 0.00l acres, more or less, contained within Lucas County Auditor's Permanent Parcel Number 1630174.
SECTION 2. That the Director of Law is authorized and directed to petition a court of proper jurisdiction to have a jury impaneled to inquire into and assess the compensation to be paid for the real estate described in Section 1 of this ordinance.
SECTION 3. That the total expenditure of an amount not to exceed $325 is authorized to be made to the Lucas County Clerk of Courts, of which is to be paid from Account Code 5040-35000-8CP2502STREET for the purpose of appropriating the aforementioned property required for the Cherry Street Safety Improvement Project.
SECTION 4. That the Director of Finance is authorized to issue their warrant or warrants against the Account Code listed in Section 3 in an amount not to exceed $325 in payment of the obligations authorized upon presentation of proper vouchers.
SECTION 5. That this Ordinance is 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 this Ordinance 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 to facilitate the filing of an appropriation action to acquire the property from HG Toledo, LLC is necessary for the timely construction of certain public roadway and other public improvements required for the Cherry Street Safety Improvement Project being undertaken in conjunction with the Ohio Department of Transportation.
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