Title
Resolution Partially Accepting Easement for Public Utilities from Boardwalk Commerce Associates Limited Partnership (8 Votes Required)
Memorandum
There is a resolution before you to accept a portion of a grant of easement for Public Utilities from Boardwalk Commerce Associates Limited Partnership, a Michigan limited partnership, which grant was given as part of the Boardwalk Commerce Center project located at the corner of Eisenhower Parkway and Boardwalk Drive in the City of Ann Arbor.
In 1992, Boardwalk Commerce Associates recorded, independently and without review by or cost to the City, an easement to the City of Ann Arbor, granting easements for sanitary sewer and water main, as well as for a storm water detention pond, storm sewer and ingress road. This easement was recorded in Liber 2590, page 46 on February 28, 1992, Washtenaw County Records.
After a review of Council records it was determined that the easement was not presented to the City Council prior to recording by the Property Owner, or subsequently, and has not been accepted by the City Council.
The Project Management team has reviewed the grant of easement and has determined it is in the City’s best interest to accept only that portion of grant for the sanitary sewer and water main.
Acceptance of the easement for water main and sanitary sewer only is recommended.
Staff
Prepared by: Elizabeth Severn, Legal Assistant
Reviewed by: Stephen K. Postema, City Attorney
Approved by: Roger W. Fraser, City Administrator
Body
Whereas, Boardwalk Commerce Associates Limited Partnership, a Michigan limited partnership, was the owner in fee simple of property located at the corner of Eisenhower Parkway and Boardwalk Drive in the City of Ann Arbor, County of Washtenaw, State of Michigan, as described in the Warranty Deed recorded in the Washtenaw County Records at Liber 2202, page 261 recorded on January 15, 1988, which property is more particularly described as follows:
Commencing at the SW c...
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