Title
Resolution to Accept an Access Easement, Appropriate $47,710.00 from the General Fund, and Approve Reimbursement of Road Maintenance Costs to the Dhu Varren on the Park Association (8 Votes Required)
Memorandum
The 1992 site plan approval and development agreement for the Dhu Varren on the Park condominium required an access easement across the condominium's private road for public access to Leslie Park. In exchange, the City agreed to split maintenance costs with the condominium for the private road based on traffic counts estimating park use.
The condominium conducted maintenance several years ago and requested reimbursement. However, it was discovered that the condominium had never granted the required access easement. The condominium has now signed an easement as required by the development agreement.
Development agreement section C-7 identifies the terms under which the City will reimburse the condominium for proportional maintenance costs related to the road. Reimbursement is determined by the percentage of total trips accessing the park through the road.
The City conducted the required traffic counts and construction costs have been reviewed by the City's Engineer and determined to be acceptable, with the City paying one third of the total cost, being $47,710.00.
Budget/Fiscal Impact: This funding is not provided for in any approved budget, therefore staff recommends appropriating the amount from the General Fund.
Staff
Prepared by: Christopher Frost, Senior Assistant City Attorney
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, On May 18, 1992, a Development Agreement was entered into between the City of Ann Arbor and Tri-Mount/Dhu Varren on the Park Condominium Development Company for the construction, maintenance, and reimbursement of maintenance costs of an access drive to Leslie Park;
Whereas, Sections P-12 and C-7 of the Development Agreement establish the requirements for creation of the easement, construction...
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