Title
Resolution Accepting 10-foot wide Public Access Easement from JAG EISENHOWER, L.L.C. Mallett's View Office Center - 385 E. Eisenhower Parkway (8 Votes Required)
Memorandum
There is a resolution before you to accept an easement from JAG EISENHOWER, L.L.C., a Michigan limited liability corporation, for the construction and maintenance of a 10-foot wide public access pathway leading from the public right-of-way to a footbridge, as shown on the approved PUD site plan. The pathway, at the point where it meets with the footbridge, will provide public access to City lands to the west and terminate at the rear of the office building.
Additionally, pursuant to P-9 of the approved PUD site plan, the public access pathway is to be maintained by the property owner in perpetuity.
The easement is in standard form and conveyed without cost to the City.
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, JAG EISENHOWER, L.L.C., a Michigan limited liability company, 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 4660 Page 812, recorded on January 1, 2008;
Whereas, A Resolution of the Managing Members of JAG EISENHOWER, L.L.C., dated May 29, 2009, authorizes the delivery of a perpetual easement to the City for public access;
Whereas, JAG EISENHOWER, L.L.C., pursuant to Paragraph P-9 of its approved PUD, is required to maintain the pathway in perpetuity; and
Whereas, JAG EISENHOWER, L.L.C., has delivered an easement to the City for public access to run with the land and burden the respective property perpetually, being more particularly described as follows:
10'-foot Wide Public Access Easement
Located in the SE ¼ of Section 5, T3S, R6E, City of Ann Arbor, Washtenaw County, Michigan:
Commencing at the SE corner of Section 5, T3S, R6E, City of Ann Arbor, Washtenaw County, Michigan; thence S87º 25' 50" W 1196.60 feet along the S line of said Section 5; thence N01º 44' 10" W 36.46 feet; thence S87º 25' 50" W 103.34 feet along the N right-of-way line of Eisenhower Parkway (variable width) to the POINT OF BEGINNING.
Thence continuing S 87º 25' 50" W 10.00 feet along the N right-of-way line of said Eisenhower Parkway:
Thence N01º 13' 36" W 33.13 feet;
Thence N07º 18' 16" W 63.62 feet;
Thence N19º 56' 10" W 33.75 feet;
Thence N29º 53' 46" W 30.17 feet;
Thence N01º 38' 10" W 30.05 feet;
Thence N49º 44' 59" E 18.81 feet;
Thence N74º 50' 45" E 47.27 feet;
Thence N89º 06' 03" E 43.60 feet;
Thence S00º 53' 57" E 10.00 feet;
Thence S89º 06' 03" W 42.35 feet;
Thence S74º 50' 45" W 43.79 feet;
Thence S49º 44' 59" W 11.77 feet;
Thence S01º 38' 10" E 22.72 feet;
Thence S29º 53' 46" E 28.52 feet;
Thence S19º 56' 10" E 35.73 feet;
Thence S07º 18' 16" E 65.26 feet;
Thence S01º 13' 36" E 33.43 feet to the POINT OF BEGINNING.
RESOLVED, That the City hereby accept said grant of easement.