Title
Resolution to Authorize Acquisition of an Easement for the South Boulevard Water Looping New Construction Project and the South Boulevard Lift Station Elimination and Gravity Sewer New Construction and Replacement Project (8 Votes Required)
Memorandum
Staff have identified two priority capital improvement projects that will provide improvements to the City’s water and sanitary sewer systems. The first is the South Boulevard Water Looping project which proposes new construction to connect and loop the existing water mains in South Boulevard and Coler Road. This project will address significant water quality issues in this area. In 2020, the City replaced the watermain on South Boulevard to address frequent water quality complaints. While water quality improved significantly after this project, there are still quality concerns that can only be addressed by looping this dead end main.
The second project is the South Boulevard gravity sewer and lift station elimination project which will involve the replacement of portions of the existing sanitary sewer system in South Boulevard and Coler Road and connect those portions to allow for gravity sewer flow and allow for the elimination of the existing lift station which requires ongoing maintenance and confined space entry to accomplish that maintenance work.
These two projects (collectively the “Projects”) will be coordinated and constructed at the same time and within the same easement.
The proposed easement area is located along the eastern portion of the property commonly known as Woodbury Gardens, 1401 Wisteria Street, City of Ann Arbor, County of Washtenaw, State of Michigan, Parcel No. 09-09-33-313-034, owned by Botanical Gardens Associates, LLC.
Because of the public necessity for this easement to improve the water and sanitary sewer systems and the respective services, this resolution authorizes the City Attorney to obtain the easement and, if necessary, to initiate condemnation proceedings to obtain it.
Staff will be contacting the affected property owners to further inform them of the nature of the project and the need for easement.
The City has obtained an appraisal to establish the amount of just compensation to be offered in good faith written offers to the affected property owners in order to acquire the necessary easement.
The easement acquisition costs will be funded within the existing project budgets.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Brian Steglitz, Public Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, The South Boulevard Water Looping New Construction Project will create a water main loop to improve significant water quality issues and the South Boulevard Lift Station Elimination and Gravity Sewer New Construction and Replacement Project (collectively the “Projects”) will provide a gravity flow sewer and eliminate a pump station which requires ongoing maintenance and has confined space entry;
Whereas, Both Projects will benefit a substantial number of City residents;
Whereas, It is necessary to obtain an easement on property commonly known as Woodbury Gardens, located at 1401 Wisteria Dr., Ann Arbor, Michigan 48104, Parcel No. 09-09-33-313-034, owned by Botanical Gardens Associates, LLC, prior to undertaking the Projects; and
Whereas, The City has obtained an appraisal for the acquisition of the proposed easement as required under City Code Section 1:321;
RESOLVED, That based upon the Capital Improvements Plans for the Projects and the recommendations of City staff, City Council determines and declares that acquisition of this easement is for a public use and the improvements are for the use and substantial benefit of the public and is necessary to preserve the health, safety, and welfare of the residents of the City of Ann Arbor by improving significant water quality issues and providing adequate sanitary sewer services;
RESOLVED, That City Council authorizes the acquisition and recording of the necessary easement for the Projects on the property identified herein;
RESOLVED, That City Council authorizes the City Administrator and City Attorney to update the appraisal, determine the final boundaries of the easement, and send a good faith written offer of just compensation, based on the appraisal, to the respective owners of the affected parcel;
RESOLVED, That City Council authorizes the City Administrator and City Attorney to conclude acquisition of the easement through agreement or through the applicable legal condemnation process, including payment of just compensation to owners as required by law; and
RESOLVED, That the City Administrator is authorized to execute all documents necessary to complete the easement acquisition after approval as to form by the City Attorney and to make all determinations and take all appropriate actions to implement this resolution.
Sponsored by: Mayor Taylor