File #: R-370-18    Version: 1 Name:
Type: Resolution Status: Approved
File created: 8/31/2018 In control: City Council
On agenda: 9/11/2018 Final action: 9/11/2018
Title: Declaring the intent to vacate an existing street known as "Amherst Drive" PT of Lot 2 and part of subdivision of Lot 1 in the Harvard Terrace Addition, within the City of Toledo, Lucas County, Ohio; and declaring an emergency.
Attachments: 1. Drawing, 2. 2013 Plan Commission Report, 3. 2013 Board of Revision of Assessments

 

Label

The Clerk Reports

 

Title

Declaring the intent to vacate an existing street known as “Amherst Drive” PT of Lot 2 and part of subdivision of Lot 1 in the Harvard Terrace Addition, within the City of Toledo, Lucas County, Ohio; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Petitioner has filed a request to vacate an existing 25 foot street known as “Amherst Drive” PT of Lot 2 and part of subdivision of Lot 1in the Harvard Terrace Addition, in the City of Toledo, Lucas County, Ohio, as more fully described in Section 1 hereof.

 

Summary

NOW, THEREFORE, Be it resolved by the Council of the City of Toledo:

 

                     SECTION 1.  That the City Council does hereby declare its intent to vacate a existing 25 foot street known as “Amherst Drive” PT of Lot 2 and part of subdivision of Lot 1in the Harvard Terrace Addition, within the City of Toledo, Lucas County, Ohio to wit:

 

                     Legal Description Amherst Drive Vacation: Being part Lot 2 in Harvard Terrace, and part of the Subdivision of Lot 1, Harvard Terrace, as recorded in Plat Volume 27, Page 15, Lucas County records, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

 

Commencing at the North corner of the Subdivision of Lot 1, Harvard Terrace, said point also being the True Point of Beginning.

 

Thence South 00 degrees, 55 minutes, 59 seconds West, along the East Line of Amherst Drive, so called, and said line also being the East line of the Subdivision of Lot 1, Harvard Terrace and said line also being the East line of River Tract 13, a distance of 386.82 feet.

 

Thence North 89 degrees, 04 minutes, 01 second West a distance of 25.00 feet to the Westerly right-of-way of Amherst Drive.

 

Thence traversing a non-tangent arc to the left, along the Westerly right-of-way of Amherst Drive, said arc having a radius of 180.24 feet, a central angle of 02 degrees, 30 minutes, 15 seconds, a tangent length of 3.94 feet, a chord bearing of North 40 degrees, 20 minutes, 13 seconds East, a chord distance of 7.88 feet and an arc length of 7.88 feet.

 

Thence North 00 degrees, 55 minutes, 59 seconds East, along the Westerly right-of-way of Amherst Drive, a distance of 21.35 feet.

 

Thence North 46 degrees, 45 minutes, 00 seconds West, along the Westerly right-of-way of Amherst Drive, a distance of 6.76 feet.

 

Thence North 00 degrees, 55 minutes, 59 seconds East, along the Westerly right-of-way of Amherst Drive, a distance of 301.22 feet.

 

Thence North 42 degrees, 27 minutes, 42 seconds West, along the Westerly right-of-way of Amherst Drive, a distance of 21.81 feet to the North line of the Subdivision of Lot 1, Harvard Terrace.

 

Thence North 47 degrees, 33 minutes, 56 seconds East, along the North line of the Subdivision of Lot 1, Harvard Terrace, a distance of 55.00 feet to the True Point of Beginning.

 

Containing 9,466.53 square feet or 0.217 acres of land.  Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only.  All ½” galvanized steel pipe set are capped with the company name and PLS #7476. This legal description is based upon a field survey prepared by Lewandowski Engineers on January 11, 2013.

 

                     SECTION 2.  That this matter be referred to the Toledo City Plan Commission for its review, recommendation and appropriate hearing date.

 

                     SECTION 3.  That this Resolution hereby is declared to be an emergency measure and shall be in force and effect from and after its adoption.  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 Resolution must be immediately effective so that the vacation can be expeditiously completed to enable property owners to obtain the resulting benefits at the earliest time.

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Adopted:  _________________, 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 a Resolution adopted by Council _________________________.

 

 

Attest:  _________________________

                      Clerk of Council