RESOLUTION #13-2002

A RESOLUTION OF THE RICHFIELD TOWNSHIP BOARD OF TRUSTEES TO NOTE RICHFIELD TOWNSHIP’S OPPOSITION TO, AND REQUEST FOR SUMMIT COUNTY INVOLVEMENT IN, THE PROPOSED VACATION OF A PORTION OF CARR ROAD

WHEREAS, The Board of Trustees of Richfield Township (“Trustees”) have become aware that the Board of Trustees of Hinckley Township has taken action regarding a recommendation for vacating a portion of Carr Road in Medina County/Hinckley Township adjacent to the Summit County/Richfield Township border; and,

WHEREAS, Mr. Carl Badowski, as agent for his mother Julia Badowski, who owns property located on Medina Line Road and further identified as parcel numbers 4800015 and 4800016, has contacted the Trustees to request Richfield Township’s assistance in opposing the proposed road vacation; and,

WHEREAS, Mr. Badowski has represented that vacating Carr Road, which abuts his mother’s property, will eliminate access to approximately seventy percent (70%) of the property, due to topographic and environmental constraints existing on the property; and,

WHEREAS, the Trustees agree that Richfield Township property owners should not be denied reasonable use of and access to their property; and,

WHEREAS, Ohio Revised Code Section 5553.09 requires that persons damaged by a road vacation be adequately compensated by the county treasury or by the landowners petitioning for the vacation, or both; and,

WHEREAS, the Trustees recognize that road vacation decisions are made at the county level and the Medina County Commissioners will have authority to approve or deny the proposed road vacation; and,

WHEREAS, Summit County Council is the equivalent decision-making agency for Richfield Township road vacation and acts under recommendation of the Summit County Planning Commission; and,

WHEREAS, The Summit County Planning Commission, in their evaluation of subdivision development and road vacation requests utilizes recommending staff and agencies, including but not limited to the Summit County Engineer, Summit Soil and Water Conservation District, Summit County Health District and the Department of Environmental Services, which provide a level of expertise not available through current Richfield Township departments or staff.

NOW, THEREFORE, be it resolved, by the Board of Trustees of Richfield Township, Summit County, Ohio that:

1. The Trustees request that the Medina County Commissioners, in consideration of the proposed vacation request, note that Richfield Township is in opposition to the request, because of the concern that it will result in denying a Richfield Township property owner reasonable use of and access to their property.

2. The Trustees request that Summit County Planning Commission act as representative of Richfield Township’s and the Badowski family to work with Medina County officials on a county-to-county level to find a reasonable solution or alternative to the proposed vacation of Carr Road which will allow for development of the abutting Richfield Township property.

Shano Cica-Mraz, Trustee
Robert Hooper, Trustee
Laurie Peters Gilmore, Trustee
Attest:
_________________________
Mark Uhrich, Township Clerk