Title
Resolution to Release Part of a Right-of-Way Agreement Recorded at Liber 1145, Page 249 and Accept a Revised Right-of-Way Easement at 3500 Washtenaw Ave from Washtenaw Commons, LLC and NEJ-Washtenaw, LLC (8 Votes Required)
Memorandum
This easement is part of the Pittsfield Retail Project. In 1965, the owners of 3500 Washtenaw Avenue executed a "Right of Way Agreement" that granted to the City a 22-foot wide public right-of-way adjacent to Washtenaw Avenue (commonly known as the "Washtenaw Service Drive"). Restrictions contained in this easement required that the right-of-way be paved, however the Pittsfield Retail site plan contained landscaping in this area to reduce impervious surface. Staff therefore proposed that the owner grant the City a revised right-of-way eliminating these restrictions and permitting the landscaping.
Approval of this resolution releases the City's rights in the 22-foot wide service drive under the 1965 right-of-way agreement and replaces them with a revised easement for public right-of-way for the Washtenaw Service Drive over the same area.
Staff
Prepared By: Brett Lenart, Planning Manager
Reviewed By: Christopher Frost, Assistant City Attorney
Derek Delacourt, Community Services Area Administrator
Approved By: Howard S. Lazarus, City Administrator
Body
Whereas, Washtenaw Commons, LLC and NEJ-Washtenaw, LLC are the owners of property commonly known as 3500 Washtenaw Avenue, described at Liber 5065, Page 886 of Deeds, Washtenaw County Records; and
Whereas, Washtenaw Commons, LLC and NEJ-Washtenaw, LLC have signed a grant of easement for public right-of-way, described as:
Part of the N.E. 1/4 of Section 2, T.3S., R.6E., Pittsfield Township, Washtenaw Co., Michigan. Commencing at the North 1/4 Corner of Section 2; thence along the North-South 1/4 line of Section 2, S00?13'58"E, 1336.54 feet; thence N13?10'17"E, 192.11 feet to the point of beginning; thence N13?10'17"E, 22.00 feet; thence S77?01'11"E, 685.16 fe...
Click here for full text