Title
Resolution Accepting Easement for Utilities from Second Baptist Church of Ann Arbor 850 Red Oak (8 Votes Required)
Memorandum
There is a resolution before you to accept an easement from Second Baptist Church of Ann Arbor, a Michigan non-profit corporation, for the construction and maintenance of public utilities.
Second Baptist Church of Ann Arbor has agreed to the City’s terms and conditions, including indemnification of the City for acceptance of the grant of easement, which acknowledges that a retaining wall located on the Church’s property encroaches over the utility pipes, and sets forth the parties’ respective obligations and responsibilities in connection with the permitted retaining wall encroachment.
The easement is conveyed without cost to the City and the grant of easement has been reviewed and approved by the Project Management Services Unit of the Public Services Area.
Acceptance of the easement 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, Second Baptist Church of Ann Arbor, a Michigan non-profit corporation, is the owner in fee simple of property located in the City of Ann Arbor, Washtenaw County, Michigan, as described in the Washtenaw County Records at Liber 1254, Page 596, recorded on August 6, 1968; Liber 1451, Page 362 and Page 370, recorded on August 17, 1973 and Liber 1524, Page 561, recorded on September 17, 1975 and Liber 4673, Page 956, recorded on March 24, 2008;
Whereas, The Church’s Constitution and By-Laws authorize the granting of an easement to the City for the construction and maintenance of municipally operated public services comprising the public utilities system to run with the land and burden the respective property perpetually; and
Whereas, Second Baptist Church of Ann Arbor has delivered an easement to the City for the construction and maintenance of municipally operated publi...
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