Title
Resolution to Approve an Amended Sewer Easement Agreement with Chin Investments One L.L.C. d/b/a Sunnyside Park (8 Votes Required)
Memorandum
This resolution seeks approval of an Amended Sewer Easement Agreement with Chin Investments One L.L.C. d/b/a Sunnyside Park, the owner and operator of Sunnyside mobile home park, 2740 Packard Rd, which clarifies the parties’ respective rights and obligations as to the City’s sanitary sewer easement and the terms on which the owner can continue to locate mobile homes on 5 lots partially located in the City’s sanitary sewer easement. Staff recommends approval.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Sue McCormick, Interim Public Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, Chin Investments One L.L.C., a Michigan limited liability company (Grantor) is the owner of real property in the City of Ann Arbor, County of Washtenaw, and State of Michigan, commonly known as 2740 Packard Road, Ann Arbor, MI 48108, legally described as set forth in the attached and incorporated Exhibit A, Tax Parcel No. 09-12-10-201-005 (“Grantor Parcel”);
Whereas, Grantor Parcel is the site of a mobile home park as that term is defined in Section 2(j) of the Mobile Home Commission Act (the “Act”), Act 96 of 1987, MCL 125.2302(j);
Whereas, The Indenture dated August 23, 1958 and recorded on October 14, 1958 at Liber 844, Page 456, Washtenaw County Records grants the City a construction right-of-way 40 feet on each side of the described centerline for construction of sanitary sewers and a permanent right-of-way 10 feet on each side of said line for maintenance and repair of sanitary sewers on the Grantor Parcel (“Sewer Easement”);
Whereas, Pursuant to its terms, the City constructed a 36-inch sanitary sewer trunkline which currently exists in the Sewer Easement;
Whereas, Five mobile home sites on the Grantor Parcel are located partly within the Sewer Easement specifically Lots A31, A30, A29, B15, and B16 (the “Easement Lots”). See Drawing attached as Exhibit B; and
Whereas, The Parties desire to amend the Sewer Easement to clarify their rights and obligations and set out the terms on which mobile homes can continue to be located in the Easement Lots;
RESOLVED, That City Council approve the Amended Sewer Easement Agreement with Chin Investment One L.L.C. d/b/a/ Sunnyside Park;
RESOLVED, That the Mayor and Clerk are authorized and directed to sign the Amended Sewer Easement Agreement; and
RESOLVED, That the City Administrator is authorized to take the necessary actions to implement this resolution.