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File #: 23-0244    Version: 1 Name: 3/20/23 Resolution Authorizing Water Capital Recovery Charges for 3090 Geddes Av. ($5,274.00)
Type: Resolution Status: Passed
File created: 3/20/2023 In control: City Council
On agenda: 3/20/2023 Final action: 3/20/2023
Enactment date: 3/20/2023 Enactment #: R-23-091
Title: Resolution Authorizing Water Capital Recovery Charges for 3090 Geddes Av. ($5,274.00)

Title

Resolution Authorizing Water Capital Recovery Charges for 3090 Geddes Av. ($5,274.00)

Memorandum

Your approval is requested to levy water capital recovery charges totaling $5,274.00 on the property known as 3090 Geddes Av. This parcel was annexed in 2022.

 

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 $5,274.00 Water Capital Recovery Charge is to be levied and then made payable in 5 annual installments and will accrue interest at 2.8384% per annum on the unpaid balance.

 

The water main was constructed by the city in 1969.

 

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: Milton Dohoney Jr., City Administrator

Body

Whereas, The City constructed a Water Main in 1969 located in Geddes Avenue, which is a part of the city’s water system;

 

Whereas, The owner of the real property commonly referred to as 3090 Geddes Av. (which has a Parcel ID No. 09-09-34-116-020) connected to that Water Main on or about March 11, 2022;

 

Whereas, Pursuant to Chapter 27 (Section 2:22b) of the City Code, a property that newly connects to the City’s Water System is required to pay a Water Capital Recovery Charge in accordance with the Code;

 

Whereas, The net (and total) Water Capital Recovery Charge for such connection, calculated as set forth per Section 2.22b(1) of Chapter 27 of City Code, is $5,274.00; 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: 3090 Geddes Av

City Assessor Code: 09-09-34-116-020

 

SITUATED IN THE CITY OF ANN ARBOR, WASHTENAW COUNTY, MICHIGAN, A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 2 SOUTH, RANGE 6 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT A 1" IRON PIPE WITH REMONUMENTATION CAP #13604 AT THE NORTHEAST CORNER SAID SECTION AS RECORDED IN LIBER 1, PAGE 597, WASHTENAW COUNTY RECORDS; THENCE ALONG THE NORTH HNE OF SAID SECTION, SOUTH 87 DEGREES 32'18" WEST 1020.95 FEET (RECORDED AS WEST 1027 .00 FEET) BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 09 DEGREES 29'41" EAST 170.29 FEET (RECORDED AS SOUTH 07 DEGREES 03' EAST 169.80) FEET TO A T - IRON STAKE; THENCE NORTH 83 DEGREES 57'18" EAST 20.50 FEET (RECORDED AS NORTH 87 DEGREES 21' EAST 20.40 FEET) TO A½" IRON PIPE; THENCE SOUTH 13 DEGREES 06'59" EAST 212.22 FEET (RECORDED AS SOUTH 10 DEGREES 40'34" EAST 212.39 FEET AND AS SOUTH 11 DEGREES 20' EAST 211.64 FEET); THENCE SOUTH 41 DEGREES 13'32" WEST 282.36 FEET (RECORDED AS SOUTH 43 DEGREES 44'50" WEST 282.68 FEET AND AS SOUTH 43 DEGREES 59' WEST 280.70 FEET) TO A CONCRETE MONUMENT WITH ½" IRON PIPE; THENCE NORTH 05 DEGREES 01 '45"WEST (RECORDED AS NORTH 03 DEGREES 35'30" WEST) 269.32 FEET (RECORDED AS NORTH 02 DEGREES 28'45" WEST 269.57 FEET) TO A CHAIN LINK FENCE POST; THENCE NORTH 02 DEGREES 49'52" WEST 154.87 FEET (RECORDED AS NORTH 02 DEGREES 28'45" WEST 155.43 FEET) TO A 1" IRON PIPE; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION, NORTH 87 DEGREES 32'18" EAST 125.65 FEET
(RECORDED AS EAST 125.70 FEET) TO A T-IRON STAKE; THENCE NORTH 09 DEGREES 10'42" WEST 157.64 FEET (RECORDED AS NORTH 06 DEGREES 43' WEST 156.87 FEET TO THE NORTH LINE OF SAID SECTION; THENCE ALONG THE NORTH LINE OF SAID SECTION, NORTH 87 DEGREES 32'18" EAST (RECORDED AS EAST) 20.34 FEET TO POINT OF BEGINNING. City of Ann Arbor, Washtenaw County, State of Michigan

 

RESOLVED, That the full capital recovery charge levied is $5,274.00;

 

RESOLVED, That this capital recovery charge be divided into 5 equal installments with the first installment to be due on July 1, 2023, and the 4 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 2.8384% per annum on water;

 

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, Jason Rothfuss and Lissa Rothfuss, of the property known as 3090 Geddes Av., City of Ann Arbor, Washtenaw County, Michigan 48104, and to be credited in the amount of

$5,274.00 to Fund 0042-070-1000-0000-7145.