Title
Resolution to Release an Easement (Liber 4701, Page 884) and Accept Replacement Water Main and Sanitary Sewer Easements at Blue Heron Pond of Ann Arbor Condominium from NDC - Blue Heron Pond, LLC (8 Votes Required)
Memorandum
In 2008, City Council accepted a grant of easement from Liberty & Maple, LLC, for water main and sanitary sewer on the property previously known as West Towne condominium, now known as Blue Heron Pond of Ann Arbor condominium. Changes in the building layout on the Blue Heron site plan require replacement of the prior easement with new easements.
These easements are in standard form and are conveyed without cost to the City.
Staff
Prepared by: Michele Yanga, Legal Assistant
Reviewed by: Christopher Frost, Senior Assistant City Attorney
Approved by: Tom Crawford, City Administrator
Body
Whereas, In 2008, Liberty & Maple, LLC granted to the City an easement for water main and sanitary sewer, recorded in Liber 4701, Page 884 of Deeds, Washtenaw County Records;
Whereas, NDC - Blue Heron Pond, LLC, a Michigan limited liability company, is the developer of property commonly known as Blue Heron Pond of Ann Arbor condominium, as described in a Master Deed recorded in Liber 5117, Page 489, as amended, Washtenaw County Records;
Whereas, NDC - Blue Heron Pond, LLC has signed new grant of easement for water main, described as:
Commencing at the E 1/4 Corner of Section 25, T2S, R5E, City of Ann Arbor (Scio Township), Washtenaw County, Michigan, thence S 00°28'00" W 1128.22 feet along the East line of said Section 25 and the centerline of Maple Road (variable width); thence N 89°32'00" W 33.00 feet to the POINT OF BEGINNING, thence N 89°47'47" W 10.06 feet; thence N 80°49'12" W 97.95 feet; thence N 51°37'24" W 5.58 feet; thence N 89°32’00”W 8.72 feet; thence N 00°28’00” E 6.63 feet; thence N 51°37’24” W 86.86 feet; thence N 89°32’00” W 337.90 feet; thence S 45°21’30” W 9.73 feet; thence S 00°15’00” W 387.13 feet; thence S 89°45’00” E 34.91 feet; thence S 51°35’00” E 213.54 feet; thence S 38°25’00” W 10.95 feet; thence S 14°29’04” E 56.62 feet; thence N 75°30’56” E 10.00 feet; thence S 14°29’04” E 55.48 feet; thence S 75°30’56” W 10.00 feet; thence S 14°29’04” E 33.21 feet; thence N 75°26’00” E 40.00 feet along the North right-of-way line of Liberty Road; thence N 14°29’04” W 33.16 feet; thence S 75°30’56” W 10.00 feet; thence N 14°29’04” W 55.45 feet; thence N 75°18’49” E 10.00 feet; thence N 14°29’04” W 44.87 feet; thence N 38°25’00” E 26.14 feet; thence N 51°35’00” W 260.88 feet; thence N 89°45’00” W 13.46 feet; thence N 00°15’00” E 300.39 feet; thence N 80°45’40” E 18.45 feet; thence N 00°08’40” W 15.54 feet; thence S 89°32’00” E 271.14 feet; thence S 51°36’24” E 108.30 feet; thence S 80°49’12” E 111.42 feet; thence S 89°47’47” E 13.12 feet; thence N 00°28'00" E 40.00 feet along the West right-of-way line of Maple Road to the POINT OF BEGINNING. Being a part of Blue Heron Pond of Ann Arbor Washtenaw County Condominium Subdivision Plan No. 628, recorded in Liber 5117, Pg. 489, First Amendment in Liber 5123, Pg. 19, Second Amendment in Liber 5160, Pg. 105 and Third Amendment in Liber 5184, Pg. 275, Washtenaw County Records; and
Whereas, NDC - Blue Heron Pond, LLC has signed new grant of easement for sanitary sewer, described as:
THIRTY (30) FOOT WIDE SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 25, TOWN 2 SOUTH, RANGE 5 EAST, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN, COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 28 MINUTES 00 SECONDS WEST 1138.22 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 00 SECONDS WEST 33.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 47 MINUTES 47 SECONDS WEST 30.19 FEET; THENCE NORTH 78 DEGREES 49 MINUTES 46 SECONDS WEST 81.92 FEET; THENCE NORTH 51 DEGREES 37 MINUTES 24 SECONDS WEST 111.16 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 00 SECONDS WEST 216.67 FEET; THENCE SOUTH 80 DEGREES 45 MINUTES 40 SECONDS WEST 114.54 FEET; THENCE SOUTH 00 DEGREES 15 MINUTES 00 SECONDS WEST 333.83 FEET; THENCE SOUTH 51 DEGREES 35 MINUTES 00 SECONDS EAST 332.58 FEET; THENCE NORTH 38 DEGREES 25 MINUTES 00 SECONDS EAST 30.00 FEET; THENCE NORTH 51DEGREES 35 MINUTES 00 SECONDS WEST 318.00 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST 293.85 FEET; THENCE NORTH 80 DEGREES 45 MINUTES 40 SECONDS EAST 86.59 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 00 SECONDS EAST 203.82 FEET, THENCE SOUTH 51 DEGREES 37 MINUTES 24 SECONDS EAST 108.12 FEET; THENCE SOUTH 78 DEGREES 49 MINUTES 46 SECONDS EAST 92.05 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 47 SECONDS EAST 32.94 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 00 SECONDS EAST 30.00 FEET TO THE POINT OF BEGINNING.
RESOLVED, That the City of Ann Arbor hereby releases the easement granted in Liber 4701, Page 884 of Deeds, Washtenaw County Records;
RESOLVED, That the City of Ann Arbor hereby accepts the new grants of easement for water main and sanitary sewer from NDC - Blue Heron Pond, LLC; 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.