RIGHT-OF-WAY LICENSE AGREEMENT

This Right-of-Way License Agreement is entered into by the city of Oakwood (the “City), an Ohio municipality, and all owner(s) of record (collectively, “Owners”) for the property located at:

____________________________________________________, Oakwood OH 454________,

which abuts a public right-of-way owned by the city of Oakwood.

Background: The owner(s) whose signature(s) appear below have requested permission from the City to install an obstruction within the public right-of-way abutting their property.

Type of Obstruction: __________________________________________________________________

In order to facilitate these types of installations, Oakwood City Council has adopted a policy for the approval of right-of-way obstructions. The policy has been updated by Council at their meetings of January 18, 1968; June 19, 1978; and January 9, 2023. Pursuant to that policy, an object may only be installed in the public right-of-way pursuant to the terms and conditions set forth in this agreement, to which the Owners must agree.

In consideration of the foregoing, the parties agree as follows:

  1. The City Manager or Building Commissioner, on behalf of the City, may only approve the installation of an obstruction within the public right-of-way if all terms and conditions set forth herein are met. (If the Owners desire to deviate, then application must be made to the Planning Commission for their recommendations to Council after a Public Hearing. Council will approve or reject in the manner set up by them.) Upon approval, indicated by the City’s signature below, Owners are hereby granted a revocable, non-exclusive license to utilize the public right-of-way consistent with the approved plans and specifications submitted, subject to the terms and conditions of this agreement.
  2. Petition requirement: Along with this agreement, a petition from the neighboring property owners abutting the Owners’ property must be filed with the Building Commissioner indicating that they are familiar with your proposed installation and have no objection to it. (Defining abutting, we mean all property owners whose property touches your property or would touch your property if there were not a street, alley, or other public property or easement between them. This definition does not include those houses abutting an interior lot on its rear property line alone.). The petition will be retained in your house file at the City’s offices and will not become part of the recordable agreement.

The only exceptions to the petition requirement are: