Milan Canal Lease to Wheeling and Lake Erie Railroad (RR) Milan Canal Company Property Leased to the RR in 1881 The following described real estate owned by said Milan Canal Company situated in the township of Milan and Huron in said County of Erie and State of Ohio:
This legal description was signed before a Notary on Aug. 9, 1881 and recorded in Erie County Records Aug. 10, 1881. Volume 017, Pgs. 307-310. Erie County, Ohio. Background The lease had 2 conditions; if either one was breached, the lease was void and the land reverted back to heirs/assigns of the Canal Company. The two conditions that would breach the lease:
1. The RR filed with the ICC for federal abandonment in late 1988. RR correspondence admitted trains hadn’t used the tracks since 1986. It proceeded to remove rails, ties, ballast, etc. and stopped maintaining the property. Proof of "lack of maintenance" includes the railroads failure to cut weeds, upkeep of fallen trees, etc. There was much river erosion unchecked. Bridges and abutments were removed. Equipment and signage removed; rails were pulled out of roadways and covered with asphalt. According to Ohio case law, they had officially abandoned. 2. The RR stopped paying the annual $50 rent in 1989. Not just one, but both lease conditions had been violated. The land sat dormant for 5 years (1989-1994) before ErieMetroparks’ (EMP) "purchase". In August 2000, the Erie County Common Pleas Court heard two days of testimony that proved the RR had abandoned the land, plus had failed to pay the annual rent for over 15 years, thus violating and terminating the lease. In November 2000, a trial judge ruled the lease was void. EMP appealed this ruling; subsequently, a 6th District Court of Appeals’ (in Toledo, Ohio) decision stated the lease was valid, saying there was no lapse in use from the RR to EMP. The Appeals Court ignored the overwhelming proof submitted in trial that the corridor sat abandoned for over 5 YEARS. As to the specific land this “valid lease” covered, the Court of Appeals was very clear it only covered 2 small, non-contiguous parcels within the corridor, consisting of less that 1⁄2 mile of the 6-mile corridor. CPPR appealed to the Ohio Supreme Court, but it refused to hear our case. Vote was 4 (all Democrats) to 3 (all Republicans.) This lease was clearly breached. Anyone can see that. The Appellate ruling that the lease was valid is without merit and unjust. Prior to that ruling, EMP had begun formal resolutions for eminent domain in order to get the corridor. This Appellate Court appears to be giving EMP the court’s blessing to steal our land. Even more disturbing, our County Prosecutor, Kevin Baxter, conveniently “interpreted” the Appellate Ruling covered not only the 2 specific parcels stated in the ruling. He decided that the Appellate Ruling covered 3+ extra miles of private property. He announced that Erie County Sheriff’s Dept. would recognize the 3 southern most miles of the corridor as now under the control of EMP, and landowners had no rights but to split the $50 annual lease rent, as drawn up in 1881. Our land was snatched from us by the joint manipulation of the Court and Prosecutor Baxter. We were labeled the trespassers on our own land. This altered ruling by the appellate court, as well as Baxter’s generous “interpretation” of the lands involved, does not give EMP any rights to the other three miles of corridor to the north. Interestingly enough, that is where EMP has spent all its money (taxpayer money) to date on construction of the "Greenway." The actual lease reads as follows: "THE MILAN CANAL COMPANY TO THE WHEELING & LAKE ERIE RAILROAD COMPANY" Whereas in or about the month of April A.D. 1877 the Directors of the Milan Canal Company of Milan, Erie County, Ohio, gave the consent and authority of said Canal Company, to the Wheeling & Lake Erie Rail Road Company to locate its Rail Road upon and to occupy for the purpose of constructing and operating its said Rail Road thereon the following described real estate owned by said Milan Canal Company situated in the township of Milan and Huron in said County of Erie and State of Ohio, being all the land with all the rights and appurtenances thereof owned by said Milan Canal Company within the bounds of a strip of land One Hundred and Fifty feet (150) in width commencing at the Southerly end of the Canal Basin of said Milan Canal Company near the intersection of Maine and Union Streets in the Village of Milan in said Erie County Ohio and running thence in a Northerly direction to the mouth of the Huron River in the Village of Huron in said Erie County and which strip of land is bounded on the West by a line distant Fifty (50) feet from and running North paralel with the Central line of the Rail Road of the Wheeling and Lake Erie Railroad Company as now surveyed located and being constructed between said Villages of Milan and Huron and which said strip of land is bounded on the East by a line distant One Hundred (100) feet from and running North paralel with the said Central line of said Rail Road the East and West lines of said strip of land being One Hundred and Fifty feet apart and running North paralel with each other and with the Central line of said Rail Road from the said place of beginning to the said mouth of Huron River also all of the so called Dry Dock and all of the said Canal Basin and all of the upper and lower Docks of said Canal with all the grounds and priveleges connected therewith in addition to what is included in the said strip of land above described the said Dry Dock containing about 1 1⁄2 acres and the said Canal Basin containing 5 45/100 acres of land be the same more or less and whereas the Wheeling and Lake Erie Rail Road Company in or about said month of April 1877 did so enter upon and occupy said real estate and right of way and constructed its said line of Rail Road thereon and ever since then has been and now is the exclusive and undisputed possession thereof under license and authority of said Directors of the Milan Canal Company and under their promise and agreement to lease or convey said right of way and real estate to the said Rail Road Company in due form of law now therefore First The Milan Canal Company by its legally authorized Directors in consideration of the benefits to said Canal Company for the construction and maintenance of the said line of Rail Road with its embankments and other works in protecting the property of said Canal Company and the adjacent farm which said Canal Company is under legal obligations to protect against damages caused by the overflow of the waters of said Huron River and for the further considerations hereinafter dated does hereby lease demise and fully let unto the Wheeling and Lake Erie Rail Road Company its successiors and assigns all the real estate and right of way herein above described and being all the samed owned by the said Canal Company to have and to hold said real estate and right of way to the said Lessee. The Wheeling and Lake Erie Rail Road Company its successors and assigns for the uses and purposes of said Rail Road Company and its rights of way for its said Rail Road for the term of Ninety-Nine (99) years commencing on the 12th day of July A.D. 1881 and ending on the 12th day of July A.D. 1980 with the rights and privelege to the said Wheeling and Lake Erie Rail Road Company its successors and assigns of renewal of their lease forever upon the same terms herein expressed with all the privileges and appurtenances thereof Second and the said Lessee the Wheeling and Lake Erie Rail Road Company in consideration of the premises does hereby for itself its successiors and assigns covenant and agree with the said Lessor The Milan Canal Company that the Rail Road and embankments of said Rail Road Company shall be kept in good order and repair during the term of this lease inevitable accident from storm floods and otherwise excepted and that no waiste shall be made or suffered on the said property herein leased while in possession of said Lessee its successiors and assigns and that there shall be paid to the said Lessor the Milan Canal Company by the said Lessee the Wheeling and Lake Erie Rail Road Company its successiors and assigns at the end of each year from and after the said 12th day of July 1881 during the term of this lease the sum of (50) fifty Dollars as the annual rental of said property so leased and demised herein and on the failure of said Lessee its successors and assigns to so maintain and operate said Rail Road for public transportation and travel and on the abandonment thereof for railway purposes or on the failure for Six months to pay said annual rental of (50) Fifty Dollars to the said Lessor after the same becomes due and payable these presents shall become void and the said real estate shall revert to the said Lessor the Milan Canal Company and the said Lessee its successors and assigns shall thereupon quietly yield to said lessor the premises thereof in Witness Whereof the said parties have hereunto set their names and seals at Milan Ohio on this 12th day of July A.D. 1881. The Milan Canal Company Directors Of said Milan Canal Company
The Wheeling and Lake Erie Rail Road Company
The Foregoing Lease was on this 12th day of July 1881 signed sealed acknowledged and delivered in presence of
The
State of Ohio) Before me a Notary Public within and for said County (Seal)
Martin Harter Notary Public Actual lease found in Vol. 2, pgs. 26-28 inclusive of lease records, Erie County Ohio |