Title
Resolution to Partially Release Utilities Easements at 100, 700, 806, 810, 900 and 920 Briarwood Circle (8 Votes Required)
Memorandum
On April 14, 1975, Briarwood, The J.L. Hudson Company, Sears Roebuck and Co. and J.C. Penney granted an easement to the City for water mains and sanitary sewer for the Briarwood Mall, which was recorded in Liber 1575, pages 506 and 515, Washtenaw County Records. On November 18, 1976, John and Pauline McMullen also granted an easement to the City for water mains with the same easement description in the same area in Liber 1600, page 324, Washtenaw County Records.
A portion of the property affected by these easements is being redeveloped as shown in the site plan for the 900 Briarwood Circle approved by City Council on December 4, 2023, in R-23-438. New easements for the relocated utilities will be granted by the new owners pursuant to the site plan.
City staff have determined that the area is not needed now or in the foreseeable future and may be vacated and released.
Staff
Prepared by: Michele Yanga, Paralegal
Reviewed by: Christopher Frost, Senior Assistant City Attorney
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, In 1975, Briarwood, The J.L. Hudson Company, Sears Roebuck and Co. and J.C. Penney granted easements to the City for water mains and sanitary sewer for the Briarwood Mall, which were recorded in Liber 1575, pages 506 and 515, of Deeds, Washtenaw County Records;
Whereas, In 1976, John and Pauline McMullen also granted an easement to the City for water mains with the same easement description in Liber 1600, page 324 of Deeds, Washtenaw County Records;
Whereas, Mall at Briarwood LLC, owner of 100 and 806 Briarwood Circle, Federated Retail (Macys, Inc.), owner of 700 Briarwood Circle, SPG Briarwood Holdings LLC, owner of 810 Briarwood Circle, Briarwood Outparcel LLC, owner of 900 Briarwood Circle and Briarwood Multifamily LLC, owner of 920 Briarwood Circle, are the current owners of the property in the 900 Briarwood Circle site plan; and
Whereas, Pursuant to the site plan, the owners will execute new grants of easement for utilities:
RESOLVED, That the City of Ann Arbor hereby releases the rights granted by the easements recorded in Liber 1525, Pages 506 and 515 and Liber 1600, page 324, of Deeds, Washtenaw County Records, only as to the portion shown and described on the attached map and as follows:
THAT PART OF A 50.00 FT. WIDE EASEMENT FOR SEWER AND WATERMAIN, RECORDED IN LIBER 1525, PAGE 506; LIBER 1525, PAGE 515; LIBER 1600, PAGE 324, LYING IN THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 8, T.3S., R.6E., CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN. THE BOUNDARIES OF SAID EASEMENT BEING 20.00 FEET RIGHT OF AND 30.00 FEET LEFT OF AND PARALLEL TO THE FOLLOWING DESCRIBED REFERENCE LINE BEING DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 01 DEGREES 39 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 8 1518.95 FEET; THENCE SOUTH 87 DEGREES 25 MINUTES 00 SECONDS WEST 100.01 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF HILTON BOULEVARD AND THE WEST LINE OF STATE ROAD; THENCE SOUTH 87 DEGREES 25 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF SAID HILTON BOULEVARD, 133.93 FEET; THENCE SOUTHWESTERLY 297.50 FEET ALONG THE NORTH LINE OF HILTON BOULEVARD AND ALONG THE ARC OF A CURVE WHOSE CENTER LIES TO THE SOUTHEAST WHOSE RADIUS IS 892.43 FEET AND WHOSE CHORD BEARS SOUTH 77 DEGREES 52 MINUTES 00 SECONDS WEST 296.12 FEET; THENCE SOUTH 21 DEGREES 41 MINUTES 00 SECONDS EAST 21.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF SAID 50.00 FEET WIDE EASEMENT; THENCE SOUTHWESTERLY 330.04 FEET ALONG THE ARC OF A CURVE WHOSE CENTER LIES TO THE SOUTHEAST, WHOSE RADIUS IS 871.43 FEET AND WHOSE CHORD BEARS SOUTH 57 DEGREES 28 MINUTES 00 SECONDS WEST 328.07 FEET; THENCE SOUTH 46 DEGREES 37 MINUTES 00 SECONDS WEST 159.00 FEET; THENCE SOUTHWESTERLY 97.61 FEET ALONG THE ARC OF A CURVE WHOSE CENTER LIES TO THE SOUTHEAST, WHOSE RADIUS IS 847.43 FEET AND WHOSE CHORD BEARS SOUTH 49 DEGREES 55 MINUTES 00 SECONDS WEST 97.56 FEET; THENCE SOUTH 44 DEGREES 10 MINUTES 50 SECONDS WEST 6.36 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 45 SECONDS WEST 142.57 FEET; THENCE NORTH 73 DEGREES 09 MINUTES 00 SECONDS WEST 5.98 FEET; THENCE NORTH 16 DEGREES 51 MINUTES 00 SECONDS EAST 16.94 FEET TO THE POINT OF BEGINNING FOR SAID EASEMENT VACATION; THENCE CONTINUING NORTH 16 DEGREES 51 MINUTES 00 SECONDS EAST 104.63 FEET TO POINT "A"; THENCE CONTINUING NORTH 16 DEGREES 51 MINUTES 00 SECONDS EAST 340.92 FEET; THENCE NORTH 73 DEGREES 09 MINUTES 00 SECONDS WEST 402.23 FEET; THENCE NORTH 39 DEGREES 29 MINUTES 21 SECONDS WEST 158.31 FEET; THENCE NORTH 73 DEGREES 09 MINUTES 00 SECONDS WEST 30.00 FEET TO THE POINT OF ENDING;
ALSO A 40.00 FEET WIDE EASEMENT FOR WATERMAIN WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE NORTH 73 DEGREES 09 MINUTES 00 SECONDS WEST 50.00 FEET; THENCE NORTH 83 DEGREES 04 MINUTES 06 SECONDS WEST 78.06 FEET TO THE POINT OF ENDING.
RESOLVED, That the City of Ann Arbor retains all rights granted in the remaining areas described by the easements recorded at Liber 1525, Pages 506 and 515 and Liber 1600, page 324, of Deeds, Washtenaw County Records; and
RESOLVED, That this release shall be effective only upon condition that the replacement utilities easements required by the site plan for 900 Briarwood Circle are executed and granted to the City in a form approved by the City Attorney; and
RESOLVED, That upon receipt and approval of such replacement utilities easements, the City Attorney shall record an appropriate instrument evidencing this release with the Washtenaw County Register of Deeds.