Title
Resolution Accepting Utility Easement from Windwood Drive Ann Arbor, LLC Windemere Apartments (8 Votes Required)
Memorandum
It came to the City’s attention during an administrative site plan review that the City had not obtained an easement for public utilities from the original developer of the Windemere Apartment complex. Additionally, the site plan review disclosed that a number of the carports are encroaching into the easement area.
The existing utility system including both water main and sanitary sewer loops throughout the apartment site and is required in order to provide fire protection as well as minimize service disruption and assure improved water quality.
Windwood Drive Ann Arbor, LLC, the current owner, has agreed to grant to the City an easement for public utilities and has agreed to the City’s terms and conditions, including indemnification of the City for acceptance of the grant of easement, which acknowledges the carport encroachments and sets forth the parties’ respective obligations and responsibilities in connection with the permitted carport encroachments.
The Systems Planning Area has reviewed the survey provided by the owner and found it to be accurate and has no objections to the City permitting Windwood Drive Ann Arbor, LLC to continue to encroach in the easement area under the terms of the grant of easement.
Approval of the grant of easement, which permits the carport encroachments, is recommended.
Staff
Prepared by: Marylou Zimmerman, Legal Assistant
Reviewed by: Stephen K. Postema, City Attorney
Approved by: Roger W. Fraser, City Administrator
Body
Whereas, Windwood Drive Ann Arbor, LLC, a Delaware limited liability company, is the fee simple owner of property located in the City of Ann Arbor, Washtenaw County, Michigan, as described in the Washtenaw County Records at Liber 4436, Page 94, dated October 29, 2004 and recorded on November 2, 2004;
Whereas, The City of Ann Arbor and Windwood Drive Ann Arbor, LLC , des...
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