Title
Resolution Partially Vacating Easement from Boardwalk Commerce Associates Limited Partnership (8 Votes Required)
Memorandum
There is a resolution before you to vacate part of an 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 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 and conveyed to the City without cost.
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 not in the City’s best interest to accept that portion of grant for the detention pond, storm sewer and ingress road.
Vacation of the easement with respect to the grants for the detention pond, storm sewer and ingress road 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 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 was subsequently split into two parcels described as follows:
Legal Description - Parcel “A”
Commencing at the SW corner of...
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