Title
Resolution to Vacate John Street Public Right-of-Way (CPC Recommendation: Approval - 6 Yeas, 0 Nays); Approve Release of a Utility Easement; and Approve a Utilities Transfer Agreement with the Board of Regents of the University of Michigan (8 Votes Required)
Memorandum
The University of Michigan has initiated a street vacation for the entirety of John Street, a one-block street extending between South Fifth Avenue and South Division Street. John Street was established by Weinberg’s Subdivision, as recorded in Liber 3 of Plats, Page 8 Washtenaw County Records. The University owns all of the properties on both sides along John Street; thus, the street no longer serves the public or other private users. The vacation will not impact the City’s transportation network or public vehicular or pedestrian access. The University wishes to vacate John Street to allow for future development, in particular Phase II of its Central Campus Student Housing Complex.
Staff reviewed the request and recommended approval. On March 3, 2026 the Planning Commission held a public hearing and voted unanimously (6-0) to recommend that City Council approve the vacation of John Street public right of way.
The University has provided evidence of notice to the private utility and telecommunication companies having private utility facilities located within this part of John Street, and the University has provided evidence they are agreeable to having their facilities located on University property in the event the part of the John Street public right of way is vacated.
There are also public sanitary sewer pipes and appurtenances and public storm sewer utility catch basins and piping located in John Street right of way that serve only University of Michigan-owned parcels. If John Street is vacated, the transfer of these public utilities should also be addressed because those facilities serve only University properties.
The City has determined that, if John Street is vacated, there is no longer a public need for the City’s public utility easements and utilities that serve only University properties, and it desires to release the easement and transfer ownership of and responsibility for these utilities to the University. In particular, the University owns Parcel No. 09-09-29-432-024 (the “Property”), which is subject to a Grant of Easement dated October 1, 2019, recorded at Liber 5325 Page 584 of the Official Records of Washtenaw County, Michigan, which granted an easement to the City for uses including the installation and maintenance of a sanitary sewer and appurtenances on the Property (“Easement”).
The City sanitary sewer and appurtenances on the Property have been abandoned, and there is no longer a public need for the Easement. The City desires to release all rights and interests in the Easement.
Staff recommends approval of the John Street public right of way vacation because all parcels on it are owned by the University, the vacation will have no impacts on vehicular or pedestrian access, the public utilities within the right of way will be transferred to the University of Michigan, and the vacation is in the public interest and will facilitate future land uses of the vacated right of way and surrounding parcels.
Staff
Prepared by: Tim Wilhelm, Deputy City Attorney
Reviewed by: Joshua Shake, Senior Planner
Derek Delacourt, Community Services Area Administrator
Jordan Roberts, Public Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, John Street between South Fifth Avenue and South Division Street is a public City street created as public right-of-way by Weinberg’s Subdivision, recorded in Liber 3 of Deeds, page 8 Washtenaw County Records;
Whereas, The University of Michigan has initiated a street vacation petition for the entirety of the John Street public right-of-way between South Fifth Avenue and South Division Street because the University owns all the properties on both sides along John Street, it serves no other public or private users, vacation of it will not impact the City’s transportation network or public vehicular or pedestrian access or the City’s transportation network, and the University wishes to vacate the John Street public right-of-way to allow for future development, in particular Phase II of its Central Campus Student Housing Complex;
Whereas, Staff reviewed the request and recommended approval;
Whereas, On March 3, 2026 the Planning Commission held a public hearing and approved a motion recommending that City Council approve the request to vacate the John Street public right-of-way;
Whereas, City Council held a public hearing on this request to vacate the John Street public right-of-way; and
Whereas, If John Street is vacated, the transfer of utilities and the release of an easement should also be addressed;
RESOLVED, That City Council vacates all rights in the John Street public right-of-way, as created, limited, and defined in Weinberg’s Subdivision in the City of Ann Arbor, recorded in Liber 3 of Deeds, page 8, Washtenaw County Records, between the West right-of-way line of South Division Street on the East and East of right-of-way line of South Fifth Avenue on the West, more specifically described as follows:
All that part of John Street lying between the East line of South Fifth Avenue and the West line of South Division Street more particularly described as:
Commencing at the intersection of the Centerline of John Street and the Centerline of South Fifth Avenue; thence along the Centerline of John Street North 87°34’07” East 33.09 feet to the POINT OF BEGINNING; thence along the East line of South Fifth Avenue North 01°46’22” East 33.09 feet; thence along the North line of John Street North 87°34’07” East 501.38 feet; thence along the West line of South Division Street South 01°19’02” West 33.07 feet to the Centerline of John Street; thence continuing along the West line of South Division Street South 01°15’38” West 33.07 feet; thence along the South line of John Street South 87°34’07” West 501.92 feet; thence along the East line of South Fifth Avenue North 01°44’15” East 33.09 feet to the POINT OF BEGINNING, continuing 0.76 acres of land, more or less. Being a part of the plat of Weinberg’s Subdivision in the City of Ann Arbor, Washtenaw County, Michigan, recorded in Liber 3 of Deeds, page 8, Washtenaw County Records.
RESOLVED, That City Council releases all rights and interests in a Grant of Easement for sanitary sewer dated October 1, 2019 and recorded on October 22, 2019 in Liber 5325, page 584, Washtenaw County Records;
RESOLVED, That City Council approves a Utilities Transfer Agreement with the Board of Regents of the University of Michigan for the transfer of utilities within the vacated John Street right-of-way after approval by the City Administrator and City Attorney;
RESOLVED, That the vacation of John Street and release of the Grant of Easement for sanitary sewer described herein shall only be effective upon the condition that the Utilities Transfer Agreement described in this resolution is fully executed, otherwise the vacation and release shall be null and void;
RESOLVED, That, upon full execution of the Utilities Transfer Agreement, appropriate instruments approved by the City Attorney evidencing the vacation, release, and Utilities Transfer Agreement authorized by this resolution shall be recorded at the Washtenaw County Register of Deeds; and
RESOLVED, That the City Administrator is authorized to take all appropriate actions to implement this resolution and the Utilities Transfer Agreement, including the exercise of all determinations and authority delegated to the City under the Utilities Transfer Agreement.