Label
DPU100119STATEEASEMENTDETROIT
Utilities Administration
Jamie Miller (x1409)
(Revised)
Title
Authorizing the mayor to enter into an easement agreement with the State of Ohio, together with subsequent renewals and/or replacements as necessary and appropriate, for roadway and sewer rights-of-way along portions of Detroit and Arlington Avenues; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The State of Ohio is the fee owner of approximately 30+/- acres of property located at 1101 S. Detroit Avenue (TD 18-07653), which has frontage along both Detroit and Arlington Avenues. On or about July 1, 1976, the City of Toledo entered into Easement Agreements with the State of Ohio, through the Department of Administrative Services, for the construction and maintenance of certain roadway and sewer utility improvements along portions of Detroit and Arlington Avenues.
The original Easement Agreements were each for a term of forty (40) years and expired on or about June 30, 2016. The roadway and sewer utilities that were constructed as part of those agreements are still in place and an active part of the city's current roadway and sewer utility infrastructure systems. Therefore, it is necessary to enter into a new easement agreement to preserve the city's rights and interests in these improvements.
Pursuant to the current provisions of Ohio Revised Code Section 123.01(A)(5), the state may grant easements for a period of no more than fifteen (15) years. Therefore, the easement(s) will need to be renewed and/or replaced every fifteen (15) years, so long as the infrastructure is still active and/or in use. The roadway and sewer infrastructure that are the subject of the previous easements are still active for the use and/or benefit of the City of Toledo and its citizens.
This ordinance is to authorize the execution of a current Easement Agreement with the State of Ohio, at no cost and expiring on August 31, 2034, together with subsequent renewals and/or repla...
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