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File #: 24-0283    Version: 1 Name: 3/4/24 Resolution to Grant an Easement at 519 Eighth St.
Type: Resolution Status: Passed
File created: 3/4/2024 In control: City Council
On agenda: 3/4/2024 Final action: 3/4/2024
Enactment date: 3/4/2024 Enactment #: R-24-072
Title: Resolution to Approve a Grant of Easement for a Private Sanitary Sewer Lead at 519 Eighth Street (8 Votes Required)
Attachments: 1. MAX NEWHOUSE 2 JEFFERSON CT 01024 2-12-24.pdf

Title

Resolution to Approve a Grant of Easement for a Private Sanitary Sewer Lead at 519 Eighth Street (8 Votes Required)

Memorandum

This resolution authorizes a grant of easement for a private sanitary sewer lead across City property at 519 Eighth Street. The owner of 2 Jefferson Court has a failed sanitary sewer lead. The failed lead crosses under a neighboring house and cannot be replaced in that location. A City sanitary sewer main crosses adjacent vacant property owned by the City at 519 Eighth Street. The owner has requested an easement across the City’s property to connect a new sanitary sewer lead into the City main. The request has been reviewed and approved by the Public Services Area on the condition that the easement contain an option for the City to relocate the private lead if determined necessary to use the City property. Due to the location of 2 Jefferson Court, this is the most accessible sewer main without crossing other private residential property. Therefore Public Services recommends granting the easement without cost except for recording fees and other fees and costs associated with granting the easement, and sewer tap and other fees associated with constructing and connecting the private lead.

Staff

Prepared by:                                          Christopher M. Frost, Assistant City Attorney

Approved by:                              Milton Dohoney Jr., City Administrator

Body

RESOLVED, That the City of Ann Arbor hereby approves a grant of easement for a private sanitary sewer lead to the owner of 2 Jefferson Court described as follows:

 

A part of the Southwest 1 / 4 of Section 29, Town 2 South, Range 6 East, City of Ann Arbor, Washtenaw County, Michigan, described as: Commencing at the Northeast Corner of Lot 4,

"Thompson, Spoor, and Thompson's Addition to the City of Ann Arbor", according to the plat thereof as recorded in Uber 48, Page 83, Washtenaw County records; thence along the East line of said Lot 4 and the West line of South Seventh Street South 01 '30'38" East 140.00 feet; thence along the North line of Jefferson Court South 88'25'50" West 100.00 feet; thence North 01'52'22" West 115.03 feet; thence South 74'30'55" West 19.03 feet to the POINT OF BEGINNING; thence South 74"30'55" West 15.43 feet; thence North 01'52'22" West 33.81 feet; thence North 88'07'47" East 15.00 feet; thence South 01'52'22" East 30.18 feet to the POINT OF BEGINNING

 

RESOLVED, That, per Section 1:321 of City Code, an appraisal is not necessary as the City purchased the lot in 2021 and received an appraisal at that time, which valued the lot at $120,000.00;

 

RESOLVED, That the easement is granted without cost, except that the owner of 2 Jefferson Court shall pay recording fees and other fees and costs associated with preparing and recording the easement, and sewer tap fees and other fees associated with constructing and connecting the private lead;

 

RESOLVED, That the easement shall contain a condition permitting the City to relocate the private sanitary sewer lead if determined necessary by the City; and

 

RESOLVED, That the Mayor and City Clerk are authorized to execute the grant of easement in a form approved by the City Attorney.