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File #: 21-1227    Version: 1 Name: 8/2/21 Resolution Authorizing Sanitary Sewer Capital Recovery Charges for 1868 Upland Dr. ($9,890.00)
Type: Resolution Status: Passed
File created: 8/2/2021 In control: City Council
On agenda: 8/2/2021 Final action: 8/2/2021
Enactment date: 8/2/2021 Enactment #: R-21-288
Title: Resolution Authorizing Sanitary Sewer Capital Recovery Charges for 1868 Upland Drive ($9,890.00)

Title

Resolution Authorizing Sanitary Sewer Capital Recovery Charges for 1868 Upland Drive ($9,890.00)

Memorandum

Your approval is requested to levy sanitary sewer capital recovery charges totaling $9,890.00 on the property known as 1868 Upland Dr. This parcel was split from the parent parcel (09-09-22-201-012) which was a part of the City prior to 2004.

 

City of Ann Arbor Code section 1:278, Chapter 12, requires the property owner to pay the property’s share of the existing utilities through the City Capital Recovery charge. The $9,890.00 Sanitary Sewer Capital Recovery Charge is to be levied and then made payable in 9 annual installments and will accrue interest at 3.06468% per annum on the unpaid balance.

 

The sanitary sewer main was constructed by the city in 1982.

 

It is therefore recommended that Council levy this capital recovery charge according to the terms described above.

Staff

Prepared by:                      Michael J. Pettigrew, City Treasurer

Reviewed by:                      Marti Praschan, Financial Services Area Administrator and CFO

                     Jennifer Richards, Assistant City Attorney

Approved by:                      Tom Crawford, City Administrator

Body

Whereas, The City constructed a Sanitary Sewer Main in 1982 located in Upland Drive, which is a part of the City’s Sanitary Sewer System;

 

Whereas, The owner of the real property commonly referred to as 1868 Upland Dr. (which has a Parcel ID No. 09-09-22-201-036) connected to that Sanitary Sewer Main on or about June 21, 2021;

 

Whereas, Pursuant to Chapter 28 (Section 2.42.4) of the City Code, a property that newly connects to the City’s Sanitary Sewer System is required to pay a Sanitary Sewer Capital Recovery Charge in accordance with the Code;

 

Whereas, The net (and total) Sanitary Sewer Capital Recovery Charge for such connection, calculated as set forth per Section 2.42.4(3) of Chapter 28 of City Code, is $9,890.00; and

 

Whereas, Pursuant to Section 1:278, Chapter 12, of the Code of the City of Ann Arbor, the fair share of the cost of said capital is levied against certain properties and the fair share for this property has not been previously paid;

 

RESOLVED, That Council levy a capital recovery charge against the following property which is specifically benefited by the above improvements:

 

Property Address: 1868 Upland Dr

City Assessor Code: 09-09-22-201-036

 

COMMENCING  AT THE SOUTHWEST CORNER OF LOT 6, "UPLANDS", A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 22, T2S, R6E, CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN, AS RECORDED IN LIBER 5 OF PLATS, PAGE 41, WASHTENAW COUNTY RECORDS; THENCE S88°20'17"E 167.40 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 6 TO THE POINT OF BEGINNING; THENCE N02°17'30"E 66.31 FEET; THENCE S88°20'17"E 136.31 FEET; THENCE S02°17'30"W 66.31 FEET ALONG THE EASTERLY LINE OF SAID LOT 6; THENCE N88°20'17"W 136.31 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 6 TO THE POINT OF BEGINNING.  BEING A PART OF LOT 6, "UPLANDS", A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 22, T2S, R6E, CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN, AS RECORDED IN LIBER 5 OF PLATS, PAGE 41, WASHTENAW COUNTY RECORDS AND CONTAINING 9,038 SQUARE FEET OF LAND, MORE OR LESS.  BEING SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.  ALSO BEING SUBJECT TO AND TOGETHER WITH A 30 FOOT WIDE EASEMENT FOR INGRESS, EGRESS AND THE INSTALLATION AND MAINTENANCE OF UTILITIES DESCRIBED AS FOLLOWS:   COMMENCING  AT THE SOUTHWEST CORNER OF LOT 6, "UPLANDS", A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 22, T2S, R6E, CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN, AS RECORDED IN LIBER 5 OF PLATS, PAGE 41, WASHTENAW COUNTY RECORDS; THENCE N02O 17'30"E 51.31 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF UPLAND DRIVE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE N02°17'30"E 30.00 FEET; THENCE S88°20'17"E 197.40 FEET; THENCE SOT17'30"W 30.00 FEET; THENCE N88°20'17"W 197.40 FEET TO THE POINT OF BEGINNING.

Split/Combined on 01/09/2015 from 09-09-22-201-012;

 

RESOLVED, That the full capital recovery charge levied is $9,890.00;

 

RESOLVED, That this capital recovery charge be divided into 9 equal installments with the first installment to be due on July 1, 2022, and the 8 subsequent installments to be due on July 1 of each and every year thereafter, with the deferred installments of the capital recovery charge to bear interest at the rate of 3.06468% per annum on sanitary sewer;

 

RESOLVED, That the Treasury Services Area be directed to send a copy of this resolution by electronic mail or first class mail to the owners of the property and to promptly have this resolution recorded in the office of the Register of Deeds of Washtenaw County, Michigan;

 

and

 

RESOLVED, That this levied capital recovery charge is to be invoiced to the owner, Monopoly Real Estate, LLC, of the property known as 1868 Upland Dr., City of Ann Arbor, Washtenaw County, Michigan 48105, and to be credited in the amount of $9,890.00 to Fund 0043-070-1000-0000-7145.