Label
Zoning & Planning Committee
Title
Declaring the vacation of the 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, Toledo, Lucas County Ohio; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Council of the City of Toledo, by Resolution No. 562-21 adopted on November 9, 2021, declaring its intent to vacate the 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, Toledo, Lucas County Ohio; as more fully described in Section 1 hereof.
On January 13, 2022, the Toledo City Plan Commission recommended approval of the request for the vacation of the 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, Toledo, Lucas County Ohio.
The City Council Zoning and Planning Committee on February 6, 2022, sent as approved the request for the vacation of 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, Toledo, Lucas County Ohio.
The Board of Revision met on August 18, 2022 and approved the request for the vacation of the 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, 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 $4,959.86 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 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, and more fully described as follows:
The 16-foot wide alley running NW to SE adjacent to Lots 21-31 and Lot 34 in the Highland Addition together with the 15-foot-wide alley adjacent to Lots 33 and 34 in the Highland Addition, Toledo, Lucas County Ohio.
SECTION 2. That the vacation(s) herein shall be subject to compliance of the following condition(s):
The following three (3) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Division of Transportation
1. A solution must be established for access to parcels at the corner of Detroit and Monroe.
Division of Engineering Services
2. A pre-submittal meeting is not required; however, one may be requested. Contact information is as follows:
Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850
Right-of-Way and Inspection: 419-245-1341
Roadway: 419-245-1344
Water: 419-936-2163
Stormwater Drainage: 419-245-3221; 419-245-1338
Sanitary Sewers: 419-936-2276
3. Right of Way access must be available to the property at 2940 Monroe Street.
SECTION 3. That a full width easement in favor of the City is retained across, under and through said vacated area as described in Section 1 herein for the City’s future maintenance, repair, and replacement of the existing sewer, water and/or storm water facilities located in the vacated area. All City facilities located within said vacated area are hereby dedicated to the City for exclusive City utility use only and shall not be combined with easements or rights for other utilities. The easement retained by the City 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. The City shall be released and held harmless for any liability, responsibility costs, or damages resulting from the City’s removal of any barriers which impede the City ingress or egress from the easement or which obstruct access to the utilities located within the vacated area. The City 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. 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.
SECTION 4. 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 5. 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 6. 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 11, nays 0.
Passed: September 13, 2022, as an emergency measure: yeas 11, nays 0.
Attest:
Gerald E. Dendinger Matt Cherry
Clerk of Council President of Council
Approved: September 15, 2022
Wade Kapszukiewicz
Mayor