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File #: 18-1027    Version: 1 Name: 6/18/18 DTE Agreement for Allen Creek Railroad Berm
Type: Resolution Status: Passed
File created: 6/18/2018 In control: City Council
On agenda: 6/18/2018 Final action: 6/18/2018
Enactment date: 6/18/2018 Enactment #: R-18-256
Title: Resolution to Enter an Agreement with DTE Gas Company Regarding Easements for the Allen Creek Railroad Berm Opening Project
Sponsors: Christopher Taylor
Attachments: 1. DTE-Allen Creek Berm Agreement.pdf
Title
Resolution to Enter an Agreement with DTE Gas Company Regarding Easements for the Allen Creek Railroad Berm Opening Project
Memorandum
This resolution authorizes the City to enter an agreement which provides a temporary construction permit and a timeline and parameters under which DTE will grant permanent easements to the City at 841 Broadway. The permit and easements are necessary for completion of the Allen Creek Railroad Berm Opening Project, which is being constructed partly with state and federal grant funds and will include a drainage culvert and public path under the MDOT railroad berm near the mouth of Allen Creek. The drainage culvert will reduce flooding in the Depot Street area and the path will provide a connection from downtown to the Border-to-Border Trail.

With the understanding that DTE is currently seeking to develop its property at 841 Broadway, DTE and City staff have determined that this agreement is appropriate to delineate the rights and responsibilities of the parties with respect to the temporary construction permit, permanent easements, completed project, and DTE's development.

The final grants of easement will come to City Council for acceptance separately.

Approval of this resolution is recommended.
Staff
Prepared by: Michele Yanga, Legal Assistant
Reviewed by: Christopher Frost, Assistant City Attorney
Approved by: Howard S. Lazarus, City Administrator
Body
Whereas, Completion of the Allen Creek Berm Opening Project requires temporary construction access and permanent easements over DTE Gas Company property at 841 Broadway; and

Whereas, DTE Gas Company has signed an agreement granting the City a temporary construction permit and setting forth the timing and parameters under which DTE Gas Company will grant the permanent easements at 841 Broadway;

RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the agreement, following approval as to substance by the City Administrator and approval as to...

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