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File #: 10-0813    Version: 1 Name: 9/7/10 Wash Ave Water Main Easement
Type: Resolution Status: Passed
File created: 9/7/2010 In control: City Council
On agenda: 9/7/2010 Final action: 9/7/2010
Enactment date: 9/7/2010 Enactment #: R-10-329
Title: Resolution Accepting Easement for Water Main from the Estate of Lloyd L. Quicksey, Sr, for the Washtenaw Non-Motorized Pathway Project (8 Votes Required)
Attachments: 1. 1875 Arlington survey.pdf
Title
Resolution Accepting Easement for Water Main from the Estate of Lloyd L. Quicksey, Sr, for the Washtenaw Non-Motorized Pathway Project (8 Votes Required)
Memorandum
There is a resolution before you to accept an easement for water main & other public utilities from the Estate of Lloyd L. Quicksey, Sr,, deceased,  by his personal representative Shaya Gardner-Hayum, for a water main replacement project to correct insufficient water pressure along a section of Washtenaw Avenue.  The Estate is currently in probate and the Personal Representative has the authority to convey the grant of easement.
 
An appraisal report is not required when the City acquires an easement for value of less than $10,000 pursuant to Section 1:320(3) of the Ann Arbor City Code.   However, a Valuation Statement was prepared by the Project Management Unit of the Public Services Area which placed compensation for the water main easement at $5,823.00 based on a formula developed and approved by the Michigan Department of Transportation ("MDOT"). This project was approved as part of the MDOT Washtenaw Avenue non-motorized pathway project.   
 
The Estate of Lloyd L. Quicksey, Sr, has agreed to accept the valuation and the City's written offer, subject to City Council approval.  
 
The terms and conditions of the grant of easement have been reviewed and approved by the Project Management Unit of the Public Services Area.
 
Acceptance of the grant of easement is recommended.
Staff
Prepared by:        Elizabeth Severn, Legal Assistant
Reviewed by:  Stephen K. Postema, City Attorney
Approved by:        Roger W. Fraser, City Administrator
Body
Whereas, The Estate of Lloyd L. Quicksey, Sr, is the owner in fee simple of property commonly known as 1875 Arlington, located in the City of Ann Arbor, County of Washtenaw, State of Michigan, as described in the Warranty Deed recorded in the Washtenaw County Records at Liber 1399, page 190 recorded on June 9, 1972; and
 
Whereas, The Estate of Lloyd L. Quicksey, Sr, by his personal representative Shaya Gardner-Hayum has delivered a water main easement for lands located in the City of Ann Arbor, County of Washtenaw to the City, to run with the land and burden the respective property perpetually, being more particularly described as follows:
 
Commencing at the NE Corner of said Section 3, T3S, R6E, City of Ann Arbor, Washtenaw County, Michigan; thence S 01°58'31" E 188.51 feet along the East line of said Section 3 and the centerline of Glenwood Road (50 feet 1/2 width); thence S 88°01'29" W 50.00 feet to the Northerly right-of-way line of Washtenaw Avenue (80 feet wide); thence N 74°43'06" W 285.01 feet along the Northerly right-of-way line of said Washtenaw Avenue; thence Northwesterly 348.48 feet along the arc of a circular curve to the left, radius 8657.90 feet, central angle 02°18'22", long chord N 75°50'38" W 348.46 feet along the Northerly right-of-way line of said Washtenaw Avenue and to the Point of Beginning,
 
thence Northwesterly 14.31 feet along the arc of a circular curve to the left, radius 8657.90 feet, central angle 00°05'41", long chord N 77°02'39" W 14.31 feet along the Northerly right-of-way line of said Washtenaw Avenue;
 
thence N 01°41'22" W 15.50 feet along the West line of Lot 126, "Ann Arbor Hills", as recorded in Liber 5 of Plats, Pages 21 and 22, Washtenaw County Records and along the East line of Arlington Boulevard; thence S 77°02'50" E 72.73 feet; thence S 87°33'59" W 56.53 feet along the South line of said Lot 126, to the POINT of BEGINNING. Being a part of the SE 1/4 of Section 34, T2S, R6E, City of Ann Arbor, Washtenaw County, Michigan.  Being subject to easements and restrictions of record, if any.
 
RESOLVED, That the City of Ann Arbor hereby accepts said grant of easement.