Title
Resolution Accepting Easement for Monitoring Well Access from Duane F. Mason and Vacating Prior Easement (8 Votes Required)
Memorandum
There is a resolution before you to accept an easement for access to a groundwater monitoring well from Duane F. Mason over property located on Platt Road south of the Ann Arbor landfill.
City Council adopted a resolution on November 20, 1989, stating that the establishment of a groundwater monitoring well on said property was necessary to fulfill the obligations of the City under the operating license and consent agreement for the landfill with the Michigan Department of Natural Resources. Thereafter, the City entered into an easement with the previous property owner and located a monitoring well on said property. The monitoring well has been utilized since 1989 and continues to be utilized to monitor groundwater, accessing the property pursuant to City’s easement rights.
It recently came to the attention of the City that that the original survey and legal description of the location of the monitoring well used in the existing recorded easement did not accurately described the “as-installed” placement of the monitoring well.
This easement will vacate and supersede the prior easement for monitoring well access and modify the terms of a declaration of taking, since both documents relied on an erroneous legal description for the location of the well.
The easement is in standard form and conveyed without cost to the City.
Acceptance of the easement 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, Duane F. Mason is the owner in fee simple of property commonly known as vacant Platt Road, located in the Township of Pittsfield, County of Washtenaw, State of Michigan, as described in the Fiduciary Deed recorded in the Washtenaw County Records at Liber 4738, page 36 recorded on June 12,...
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