Title
Resolution Accepting Easement for Storm Management Activities and Systems from All Property Owners of Hillwood Subdivision No. 2 (8 Votes Required)
Memordandum
There is a resolution before you to accept an easement from the owners of all the lots of Hillwood Subdivision Number Two, Steve Ratner, Nancy Szabo, Gary James Nakpairat, Sharon M. Nakpairat, Mark F. Mau, and Kathleen T. Bonds (collectively, the "Lot Owners"), for the construction and maintenance of a storm water management activities and systems near Orchard Hills Drive and Rock Creek Drive. The Lot Owners have granted an easement to the City, subject to City Council approval.
The terms and conditions of the grant of easement have been reviewed and approved by the Project Management Unit of the Public Services Area.
Acceptance of the grant of easement is recommended.
Staff
Prepared by: Nickolas Buonodono
Reviewed by: Stephen K. Postema, City Attorney
Approved by: Tom Crawford, Interim City Administrator
Body
Whereas, the Lot Owners are the owners in fee simple of property located partially in the City of Ann Arbor and partially in Ann Arbor Charter Township, County of Washtenaw, State of Michigan, described as lots 25, 26, 27, and 28 of Hillwood Subdivision Number Two, a platted subdivision recorded in Liber 10 of Plats, pages 54 and 55, Washtenaw County Records;
Whereas, lots 25, 27, and 28 of Hillwood Subdivision Number Two are located in the City of Ann Arbor, County of Washtenaw, State of Michigan;
Whereas, lot 26 of Hillwood Subdivision Number Two is located in Ann Arbor Charter Township, County of Washtenaw, State of Michigan;
Whereas, because the subdivision consists of a total of the four lots described above, the Lot Owners are all the owners of record in fee simple of lots in Hillwood Subdivision Number Two;
Whereas, the streets and alleys as shown on the plat for the subdivision are dedicated to the use of the lot owners of Hillwood Subdivision Number Two only, and all of the owners of all of the lots in the subdivision executed on October 29, 1966 an Agreement for Use of Private Road (the "Agreement") as recorded in Liber 1180, page 344, Washtenaw County Records, whereby a portion of the Private Drive was expressly dedicated for use as a foot path only;
Whereas, the Lot Owners have amended the Agreement (the "Amended Agreement") for the limited purpose of providing storm water management, by allowing surface and subsurface alteration of the footpath area as described:
That portion of Private Drive as described on the plat of Hillwood Subdivision Number Two, City of Ann Arbor, Washtenaw County, Michigan and recorded in Liber 10 of Plats, pages 54 and 55, Washtenaw County Records, that is bounded at one end by extending the north line of Lot 26 the entire width of the Private Drive, and bounded on the other end by a line running the entire width of Private Drive, parallel to the west boundary of Hillwood Subdivision Number Two and seventy (70) feet east of the said boundary of said subdivision.
Whereas, the Amended Agreement provides for the use of a portion of Rock Creek (Private) Drive to also include such storm water management activities by the City of Ann Arbor as are needed to alleviate any storm water flooding in any portion of the subdivision; and
Whereas, the Lot Owners have executed and delivered an easement to the City for a storm water control system, being more particularly described as follows:
Being a part of the Southwest 1/4 of Section 27, Township 2 South, Range 6 East, City of Ann Arbor, Washtenaw County, State of Michigan and more fully described as:
Beginning at the Northwest corner of Lot 25 of Hillwood Subdivision Number Two, as recorded in Liber 10 of Plats, Pages 54 and 55, Washtenaw County Records, Washtenaw County, State of Michigan; thence N00º18'30"W 66.04 feet along the East Right of Way line of Orchard Hills Drive and the West line of said Hillwood Subdivision Number Two; thence S88º30'30"E 193.96 feet along the North line of said Subdivision and the North Right of Way line of Rock Creek Drive (66' wide and Private); thence S01º26'30"W 17.23 feet (16.41 feet recorded) along the East line of said Subdivision; thence the following seven (7) courses along the Right of Way line of said Rock Creek Drive; 133.13 feet along the arc of a 133.57 feet radius circular curve concave to the Southwest, having a central angle of 57º06'30", and a chord which bears S30º26'45"E 127.69 feet, 113.38 feet along the arc of a 224.00 feet radius circular curve to the left, having a central angle of 29º00'00", and a chord which bears S16º23'30"E 112.17 feet, S30º53'30"E 8.32 feet, 60.18 feet along the arc of a 60.14 feet radius circular curve to the left, having a central angle of 57º20'00", and a chord which bears S59º33'30"E 57.70 feet, 85.01 feet along the arc of a 121.00 feet radius circular curve to the right, having a central angle of 40º15'00", and a chord which bears S68º06'00"E 83.27 feet; nontangentially S47º36'00"E 40.45 feet, and 96.06 feet along the arc of a 63.34 feet radius circular curve to the left, having a central angle of 86º54'00", and a chord which bears N88º57'00"E 87.12 feet; thence the following three courses along the West Right of Way line of Rock Creek Drive S45º30'00"W 60.00 feet, S50º30'00"W 65.98 feet, and S35º15'00"W 90.67 feet; thence the following eleven (11) courses along the Right of Way line of said Rock Creek Drive (Private) nontangentially 148.23 feet along the arc of a 102.00 feet radius circular curve concave to the west, having a central angle of 83º16'00", and a chord which bears N06º23'00"W 135.53 feet, 77.26 feet along the arc of a 55.00 feet radius circular curve to the left, having a central angle of 80º30'00", and a chord which bears N88º16'00"W 71.08 feet, S51º29'00"W 35.00 feet, 82.28 feet along the arc of a 249.00 feet circular curve to the left, having a central angle of 18º56'00", and a chord which bears S42º01'00"W 81.90 feet. Thence nontangentially N73º06'30"W 68.56 feet, N32º27'30"E 18.42 feet, 104.07 feet along the arc of a 315.00 feet radius circular curve to the right, having a central angle of 18º56'00", and a chord which bears N42º01'00"E 103.60 feet, 37.21 feet along the arc of a 25.86 feet radius circular curve to the left, having a central angle of 82º26'00", and a chord which bears N10º10'16"E 34.08 feet, N30º53'30"W 19.91 feet, 146.78 feet along the arc of a 290.00 feet radius circular curve to the right, having a central angle of 29º00'00", and a chord which bears N16º23'30"W 145.22 feet, 102.14 feet along the arc of a 67.57 feet radius circular curve to the left, having a central angle of 86º37'00", and a chord which bears N45º11'47"W 92.69 feet, and N88º30'30"W 125.98 feet to the Place of Beginning.
RESOLVED, That the City hereby accepts said easement.