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File #: 19-1227    Version: 1 Name: 7/1/19 308 W. Huron Sanitary Easement Release
Type: Resolution Status: Passed
File created: 7/1/2019 In control: City Council
On agenda: 7/1/2019 Final action: 7/1/2019
Enactment date: 7/1/2019 Enactment #: R-19-311
Title: Resolution to Release an Easement for Sanitary Sewer at 308 W. Huron Street (8 Votes Required)
Attachments: 1. EASEMENT 128.287.pdf, 2. 308 W Huron Map.JPG

Title

Resolution to Release an Easement for Sanitary Sewer at 308 W. Huron Street (8 Votes Required)

Memorandum

This resolution releases a City easement for sanitary sewer on 308 W. Street. The easement was obtained in the 1890s over a number of properties in this block and the City recently received a request from the owner of 308 W. Huron Street to release the easement as to their property. City Public Services staff determined that the portion of the easement over 308 W. Huron Street is not necessary for any current or future City needs and may be released.

 

Release of the easement is 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, The City acquired a sanitary sewer easement on several properties, including 308 W. Huron Street, by an indenture dated December 7, 1893 and recorded January 23, 1894 in Liber 128, Page 287 of Deeds, Washtenaw County Records;

Whereas, The owner of 308 W. Huron Street has requested release of the easement as to their property; and

Whereas, There is no longer any public need for the easement over the property;

RESOLVED, That the City of Ann Arbor hereby releases all rights granted by the easement recorded at Liber 128, Page 287 of Deeds, Washtenaw County Records, only as to the property commonly known as 308 W. Huron Street, also described as:

 

Beginning at a point on the North line of Huron Street, one chain and seventy-three links West from the corner formed by the intersection of the North line of Huron Street, with the West line of First Street, said point being the Southeast corner of land now or formerly owned by Hattie M. Doig; and running from thence North along the East line of Doig’s land about eight rods, to the Northeast corner of said Doig’s land; thence East parallel with the North line of Huron Street, thirty-six feet; thence South parallel with the first mentioned line, to Huron Street; thence West along the North line of Huron Street, thirty-six feet to the Place of Beginning, and being a part of Block One North of Huron Street, Range 1 East, in the Original Plat to the Village (now City) of Ann Arbor, Washtenaw County, Michigan.

 

Tax Parcel: 09-09-29-214-013

 

RESOLVED, That the easement recorded in Liber 128, page 287 remains in full force and effect as to the remainder of the land encumbered by said easement that has not previously been released; and

 

RESOLVED, That an appropriate instrument, approved by the City Attorney, evidencing this release be recorded at the Washtenaw County Register of Deeds as soon as practicable following approval of this resolution.