Title
Resolution to Acknowledge a Declaration of Restrictive Covenant at 841 Broadway (8 Votes Required)
Memorandum
The City has an easement for pedestrian access across the 841 Broadway parcel leading from the Allen Creek Berm Opening and connecting to the B2B near Argo Dam. The City also has an easement for stormwater for the Allen Creek Berm Opening culverts. The 841 Broadway parcel is the site of a former coal gasification facility and underwent substantial environmental remediation as part of its redevelopment. As part of that process, EGLE requires the recording of a restrictive covenant limiting activities on the site, such as excavation. As an easement holder, the City has been asked to sign an acknowledgement of the restrictive covenant.
Staff
Prepared by: Michele Yanga, Paralegal
Reviewed by Christopher Frost, Senior Assistant City Attorney
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, The City of Ann Arbor has a recorded easement for storm water and sidewalk over the 841 Broadway parcel as evidenced by the Easement Agreement recorded in Liber 5297, page 725 and re-recorded in Liber 5299, page 354, Washtenaw County Records; and
Whereas, The City of Ann Arbor, as an easement holder, has been requested to execute an acknowledgement of a Restrictive Covenant that is required by EGLE to be recorded on 841 Broadway as part of the environmental remediation of the site;
RESOLVED, That the Mayor and City Clerk are authorized and directed to execute the acknowledgement after approval by the City Attorney.
Sponsored by: Mayor Taylor