Title
Resolution to Release a Portion of Existing Water Main Easement and Accept in its Place a New Easement for Public Utilities at 982 Broadway from DTE Electric Company (8 Votes Required)
Memorandum
In 2000, City Council accepted a grant of easement from DTE for water main and sanitary sewer at 982 Broadway. City staff determined that a new easement was necessary to extend the existing water main. The new public utilties easement is intended to supersede and replace the water main portion of the prior easement. The sanitary sewer portion of the prior easement will remain in place.
This easement is in standard form and is conveyed without cost to the City.
Release of the water main portion of the existing easement and acceptance of the new public utilities easement is recommended.
Staff
Prepared by: Alexandria L. Hammett, Legal Assistant
Reviewed by: Christopher Frost, Assistant City Attorney
Approved by: Steven D. Powers, City Administrator
Body
Whereas, In 2000, The Detroit Edison Company granted to the City an easement for sanitary sewer and water main at 982 Broadway, recorded at Liber 3927, Page 128 of Deeds, Washtenaw County Records;
Whereas, DTE Electric Company, formerly known as The Detroit Edison Company, is the owner of property commonly known as The Buckler Center, 982 Broadway, Ann Arbor, Michigan 48105, described at Liber 4365, Page 237 of Deeds, Washtenaw County Records; and
Whereas, In order to replace a portion of the existing easement, DTE Electric Company has signed a new grant of easement for public utilities, described as:
Commencing at the intersection of the centerline of Broadway Street (100 feet wide) and the centerline of vacated Canal Street (30 feet wide); thence South 58°32'16" East, 255.03 feet, along the centerline of vacated Canal Street (30 feet wide); thence South 28°33'34" West, 78.57 feet, along the westerly line of an Alley 25 feet wide; thence along the Southwesterly line of Canal Street, on the arc of a non-tangential curve to the left 8.34 feet, having a radius of 191.20 feet, a central angle of 02°30'01" and a chord bearing and distance of South 48°41'52" East, 8.34 feet, to the POINT OF BEGINNING; thence continuing along said Southwesterly line of Canal Street on the arc of a curve to the left 29.32 feet, having a radius of 191.20 feet, a central angle of 08°47'07" and a chord bearing and distance of South 54°20'26" East, 29.29 feet; thence South 58°44'00" East, 10.79 feet along said southwesterly line of Canal Street; thence South 31°35'52" West, 206.50 feet; thence South 58°24'08" East, 30.47 feet; thence South 13°24'08" East, 66.91 feet; thence South 76°35'52" West, 40.00 feet; thence North 13°24'08" West, 50.34 feet; thence North 58°24'08" West, 22.20 feet; thence South 63°35'52" West, 74.69 feet; thence North 22°09'45" West, 40.11 feet; thence North 63°35'52" East, 75.91 feet; thence North 31°35'52" East, 223.76 feet to the point of beginning, being a part of Tax Parcel I.D. No. 09-09-21-305-002; and
Whereas, City staff have recommended release of the water main portion of the existing easement and acceptance of this replacement easement for public utilities;
RESOLVED, That the City of Ann Arbor releases all rights pertaining to the water main portion of the easement recorded at Liber 3927, Page 128 of Deeds, Washtenaw County Records, which portion is described under the heading "40 FT. WIDE WATER MAIN EASEMENT";
RESOLVED, That the City of Ann Arbor retains all other rights granted by the easement recorded at Liber 3927, Page 128 of Deeds, Washtenaw County Records, including all rights pertaining to the sanitary sewer easement described therein;
RESOLVED, That the City of Ann Arbor accepts this new grant of easement; and
RESOLVED, That an appropriate instrument, approved by the City Attorney, evidencing this release and replacement be recorded at the Washtenaw County Register of Deeds as soon as practicable following approval of this resolution.