Title
Resolution to Authorize Settlement Agreement Regarding Potential Litigation Regarding Glacier Hills, Inc., Earhart Village Homes Association, and the City of Ann Arbor
Memo
This resolution will approve an agreement that will resolve a longstanding dispute between Glacier Hills, Inc. and Earhart Village Homes regarding terms of use restrictions and a conservation easement that were executed consistent with City approvals of site plans for Glacier Hills senior living community.
Staff
Prepared by: Kevin S. McDonald, Deputy City Attorney
Reviewed by: Stephen K. Postema, City Attorney
Body
Whereas, A Grant of Conservation Easement ("Easement"), and Declaration of Building and Use Restrictions ("Restrictions") were recorded with respect to the development of the Glacier Hills senior living community on approximately 31 acres of land on Earhart Road in Ann Arbor ("Glacier Hills") in 1984;
Whereas, Glacier Hills and the adjacent Earhart Village Homes condominium development are currently in disagreement as to whether the Easement and Restrictions require Glacier Hills to seek approval from Earhart Village Homes for any future development of Glacier Hills;
Whereas, The City is responsible for issuance of building permits and oversight of construction activities with respect to Glacier Hills, consistent with Ann Arbor City Code;
Whereas, Glacier Hills, Inc. and Earhart Village Homes Association have negotiated a proposed settlement to threatened litigation by Glacier Hills, Inc. regarding the Conservation Easement and Restrictions, and the City agrees to the terms as a potential party to the lawsuit as it will allow two neighboring property owners to cooperate while potentially avoiding future litigation;
Whereas, The City Attorney's Office has briefed the City Council about the status of potential litigation; and
Whereas, The terms of the settlement of this potential litigation are more specifically described in the Settlement Agreement Regard...
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