Title
Resolution to Conditionally Release a Portion of Utilities Easement Reserved in Boulevard Heights Alley Vacation (8 Votes Required)
Memorandum
City Council is being asked to approve the following resolution which, upon council approval and the fulfillment of certain conditions, will release a portion of public utilities reserved by council action in the Boulevard Heights Alley Vacation approved on May 29, 2008 in Council Resolution R-08-169.
When the City vacated the alley, we reserved an easement for City utilities that currently run through the vacated area. This reservation of easement will no longer be necessary once the developer moves the utilities elsewhere within the site. This conditional release of the City’s reservation of easement will allow development of the parcel to move forward, while protecting the City’s interest in the easement. Once the utilities are moved, and all conditions have been met, the City will release out reservation of easement in the vacated alley.
Agree Ann Arbor Jackson LLC, a Delaware Limited Liability Company, a preferred Walgreen’s developer, is the developer of property that benefitted from the above-mentioned alley vacation. Agree Ann Arbor Jackson LLC has agreed to enter into an agreement with the City of Ann Arbor in which the City will release a portion of the easement for public utilities that it reserved in Resolution R-08-169, pursuant to the following conditions:
· Developer Walgreen’s will relocate only that portion of the City’s reserved public and private utilities currently located on its property at its sole expense pursuant to and in compliance with City’s standard utility specifications and requirements.
· Developer Walgreen’s will relocate City’s existing storm sewer to the east side of its new structure at its sole expense and pursuant to and in compliance with City’s standard utility specifications and requirements. Developer Walgreen’s will relocate City’s existing sanitary sewer pipes t...
Click here for full text