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File #: 19-0026    Version: 1 Name: 1/22/19 Maple Village Sanitary Easement and Release
Type: Resolution Status: Passed
File created: 1/22/2019 In control: City Council
On agenda: 1/22/2019 Final action: 1/22/2019
Enactment date: 1/22/2019 Enactment #: R-19-012
Title: Resolution to Partially Release a Sanitary Sewer Easement (Liber 1006, Pages 401, 404, 407) and Accept a New Sanitary Sewer Easement at Maple Village Shopping Center from Brixmor Holdings 1 SPE, LLC (8 Votes Required)
Attachments: 1. Maple Village Sanitary Map.pdf, 2. 1962 indentures.pdf
Title
Resolution to Partially Release a Sanitary Sewer Easement (Liber 1006, Pages 401, 404, 407) and Accept a New Sanitary Sewer Easement at Maple Village Shopping Center from Brixmor Holdings 1 SPE, LLC (8 Votes Required)
Memorandum
In 1962, City Council accepted a grant of easement for sanitary sewer on the property now owned by Brixmor Holdings 1 SPE, LLC ("Brixmor"). As part of the redevelopment of Maple Village, the City required a new sanitary sewer and easement which is intended to replace part of the original sanitary sewer and easement.

A separate resolution approves an agreement to transfer ownership of the old sanitary sewer to Brixmor, who wishes to use it as a private sewer lead serving 195 N. Maple Road (currently PNC Bank). That resolution and agreement do not affect this release and acceptance.

The new easement is in standard form and is conveyed without cost to the City.

Release of part of the existing easement and acceptance of the new easement are recommended.
Staff
Prepared by: Michele Yanga, Legal Assistant
Reviewed by: Christopher Frost, Senior Assistant City Attorney
Approved by: Howard S. Lazarus, City Administrator
Body
Whereas, In 1962, Maple Village Shopping Center, Inc., Fred Lieberman, and National Bank and Trust Company, as Trustee of the Estate of Minnie E. Bock granted to the City an easement for sanitary sewer at Maple Village Shopping Center by three separate indentures recorded at Liber 1006, Pages 401, 404, and 407 of Deeds respectively, Washtenaw County Records;

Whereas, Brixmor Holdings 1 SPE, LLC is the current owner of property commonly known as 155-396 N. Maple Road, Ann Arbor, Michigan 48103, described at Liber 4641, Page 463 and Liber 5155, page 857 of Deeds, Washtenaw County Records (Maple Village Shopping Center);

Whereas, Brixmor Holdings 1 SPE, LLC has signed a new grant of easement for sanitary sewer, described as:

A 30 FOOT WIDE SANITARY SEWER EASEMENT SITUATED IN THE CITY OF ANN ARBOR, COUNTY ...

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