Title
Resolution Accepting Easement for Public Access from the Estate of Oscar Spaly (1817 W. Stadium Blvd.) West Stadium Boulevard at Pauline Boulevard Reconstruction (8 Votes Required)
Memorandum
There is a resolution before you to accept an easement from the Estate of Oscar Spaly, Washtenaw County Probate Court File No. 08 558 DE, for the construction and maintenance of a public access easement at the intersection of Pauline Boulevard and West Stadium Boulevard.
An appraisal report is not required when the City acquires an easement for value of less than $10,000 under 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 public access easement at $287.00 based on a formula developed and approved by the Michigan Department of Transportation (“MDOT”). This project will receive federal funds and must meet the right-of-way requirements of MDOT including the offer of compensation for the requested easement.
The Estate of Oscar Spaly has agreed to accept the City’s written offer, which includes language stating that granting the easement would not create a negative impact on the allowable floor area ratio and that the City would assume responsibility for its activities, 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: Marylou Zimmerman, Legal Assistant
Reviewed by: Stephen K. Postema, City Attorney
Approved by: Roger W. Fraser, City Administrator
Body
Whereas, The Estate of Oscar Spaly, Washtenaw County Probate Court File No. 08 558 DE, 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 1630, Page 61, recorded December 13, 1977...
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