CITY of NOVI CITY COUNC L
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1 CITY of NOVI CITY COUNC L Agenda Item E November 9, 2009 cityofnovi.org SUBJECT: Acceptance of a Sidewalk Easement along the right-of-way of Orchard Hills Place Drive from Flagstar Bank, FSB as part of the Flagstar Bank development, located at Eight Mile Road, (Parcel # ) in Section 36. SUBMITTING DEPARTMENT: Department of Public Services, Engineering Division 1- CITY MANAGER APPROVW BACKGROUND INFORMATION: Flagstar Bank, FSB is proposing the dedication of a Sidewalk Easement along the right-of-way of Orchard Hills Place Drive adjacent to the Flagstar Bank development. The Sidewalk Easement requires consideration by the City Council. The attached Sidewalk Easement has been reviewed and approved by the Engineering Division and the City Attorney's office (see Beth Kudla's October 14, 2008 letter, attached). RECOMMENDED ACTION: Acceptance of a Sidewalk Easement along the right-of-way of Orchard Hills Place Drive from Flagstar Bank, FSB as part of the Flagstar Bank development, located at Eight Mile Road, (Parcel # ) in Section Y N I I Mayor Landrv -I I Mayor Pro Tern Gatt 1 Council Member Crawford I Council Member Fischer l Council Member MarQolis Council Member Mutch Council Member Staudt 1 2 Y N
2 sw SECREST WARDLE October 14, NOr1hW"SICm Highway P.O. Box 3040 F<lITT1inglon Hills, Ml ~0 Tel; Fox; wwn'.sccrcstwnnllc.colii EIIZJlbeib M. Ku~ln Olrccl: 24B-53ry-28~G Rob Hayes, City Engineer CITY OFNOVI West Ten Mile Road Novi, Michigan Re: Flagstar Bank (Eight Mile), SPOS-36 Acceptunce Documents Our File No NOVl Dear Mr. Hayes: We have received and reviewed.., and enclosed please find, the following documents regarding the FJagstar Bank Property: 1. SidewaU< Easement - 2. Storm Drainage Facility Maintenance Agreement We have the following comments relating to the above-named documents. We have confirmed that DO utility easement conveyances are required with respect to this site. We approve the Storm Drainage Facility Maintenance Easement Agreement in the enclosed format. It is our understanding Engineering has reviewed and approved the attached Exhibits. The Sidewalk Easement is acceptable in form and content, and it is our understanding the Exhibits attached have been approved by the City. The Storm Drainage Facility Maintenance Easement Agreement and Sidewall< Easement should be placed on an upcoming City Council Agenda for approval and subsequently executed by the Cit)' and recorded with the Oakland County Register ofdeeds. COUNSelORS AT LAW
3 Rob Hayes, City Engineer October 14,2008 Page 2 Please feel [Tee to contact me with any questions or concerns in regard to this matter. EMK Enclosures C: Maryanne Cornelius, Clerk (w/original Enclosures) MariDa Neumaier, Assistant Finance Director (wlenclosures) Charles Boward, Bui.lcling Official (wlenclosures) Barb McBeth, Deputy Community Dev Director (wlenclosures) Aaron Staup, Construction Engineering Coor. (wfenclosures) Dave BluhrnlByron Hanson, Spalding DeDecker (wfenclosures) Sarah Marcbioui, BuildiDg Department (wlenclosures) Kevin Monahan, The Monahan, Co. (wlenclosures) Thomas R. Scuultz, Esquire (wlenclosures) C:\NrPOrlbllirnnnogeIBKUDLAII143335_I.DOC
4 SIDEWALK EASEMENT NOW ALL MEN BY THESE PRESENTS, that Flagstar Bank, FSB, whose address is 5151 Corporate Drive, Troy, Michigan 48098, for and in consideration of Ooe (S 1.00) Dollar, receipt and sufficiency of whicb is bereby acknowledged, hereby grants and conveys to the City of Novi, a Michigan Municipal Corporation, whose address is West Ten Mile Road, Novi, Michigan 48375, being exempt pursuant to MCLA (a), and MCLA (a) a permanent easement for a public walkway over across and through property located in Section 36, T.IN., R.8E., City ofnovi, Oakland County, Stale of Michigll1l, more particularly described as follows: {See attacbed and incorporated Exhibit A - Property Description Exhibit} Tbe permanent easement for the public walkway is more particularly described as follows: {See attached and incorporated Exhibit B - Sidewalk Easement Area} Grantee may entcr upon sufficicnt land adjaccnt to said cascment for the purpose of exercising the rights and privileges granted herein. Grantee may install, repair, replace, improve, modily and maintain the easement area as shown in the attacbed and incorporated Exhibit B. Grantor agrees not to build or to convey to others permissinn 10 build any structures or improvements on, over, across, in, througb, or under the above-described easement. This instrument shall run witb the land first described above and shall be binding upon and inure to tbe benefit ofthe Grantor, Grantee, Ilnd tlieir respective heirs, representatives, successors and assigns. This easement sbau allow public pedestrian and non-motorized traffic and shah permit maintenance, repair and replacement ofthe paving in tbe easement area. Exempt pursuant to MCLA (a) And MCLA (a) This instrument shall be binding and inure to the benefit of the parties hereto, tbeir heirs, representatives, successors and assigns. Dalcd this_--,--j,,-6'_"_day of August {Signature begins on following page}
5 STATE OF MICHIGAN ) ) 5S COUNTY OF LJ~) The C~cf ~ Notary Public ~ County, Michigan My ColIl.lIlission Expires: ~ /-:j d- t:j JdL Drafted by: Elizabeth M. Kudla 3D9D3.Northwcstern Highway Farmington Hills, Ml48334 Return To: Maryanne Cornelius, Clerk City ofnovi West Ten Mile Road Novi, MI CAROL REESER NOTARY PUBUC, MACOMB COUNTY, MlClfGAN My commlsl;'~:.:r 1" 2012 Acting In?1. ' county
6 :.' I ' Notary Public Oakland County, Michigan My Commission Expires: Drafted by: Elizabeth M. KudJa Northwestem llighway P.O. Box 3040 Fannington Hills, MI And wben recorded return to: Maryanne Cornelius, City Clerk City ofnovi W. Tenl'v1iJe Rd Novi, MI vl 4
7 Exhibit A PROPERTY DESCRIPTION LEGAL DESCRIPTION - PROPERTY UNIT 7 OF REPLAT NO.9, OAKLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 434, EXHIBIT B TO THE MASTER DEED OF ORCHARD HILL PLACE. CITY OF NOVl, OAKLAND COUNTY. MICHIGAN, AS RECORDED IN UBER PAGE , O.C.R. CONTAINING 37,867 SQUARE FEET OR 0.87 ACRES. SIDWELL #
8 /1!:> R = 05'51 'Og" ' T = 22.46' N1S'06'35"W 36.37' S. 1/4 CORNER 587'20'09"W eo "' Exhibit B 6' WIDE PUBLIC SiDEWALK ;I / / L = 44.S7' / N87'lS'2S"E N 01'06'23"E 6~ I CHD. 8RG= I C =44.S5' I :---.. N02'OS'12"W B '18'28"W "co 7.75' ~502'OB'12"E :ri N11'01'3S"E,I 8.50' co 21.52' ~ DETROIT EDISDN----hl\---\!---'II' EASEMENT \ 511'01'38"W (L.B919, P.251) 21.49' N01'1~-3"W \ ' I UNIT tf7 N04"01' 48"W 'co \ \ \ # SIDWELL 20.30' C'J cr> \ \ o -0-0 Q) ~502"41'32"E I- CO -0 3 ~ ' ~ &."~ -~ N02'41'32"W ~ - -0 ~ol \ 233,64' o I!'-J ~ SANITARY SEVIER - ~ l, \ AND STORM SEWER 0 \ EASEMENT (L.B59B. ~ \ \ P.672-6(6) J~ \ z ' 515'06'35"E ~ \ \ ' EASEMENT Ei z 5 7'20'09"W ' '20'09"E ' f- r--'~ t')lo 00 1'1<0 N ANITARY SEWER AND STORM SEWER EASEMENT EXHIBIT --- "G" L.B59B. P.672 THRU P.6(6) N88'09'23"E 7.00' 12' DETROIT EDISON EASEMENT (L6254, P ) -_ E. CORNER 5EC1l0N 36
9 Exhibit B 6' WIDE PUBLIC SiDEWALK EASEMENT LEGAL DESCRIPTION - 6' WIDE PUBLIC SIDEWALK EASEMENT A SIX (6.00') FOOT WIDE SIDEWALK EASEMENT OVER THE ABOVE DESCRIBED PARCEL OF LAND BEING MORE PARnCULARILY DESCRIBED AS BEGINNING A POINT DISTANT S,87'20'09"W., FEET AND N.01'50'37"W., FEET AND S.8T20'09"W., FEEY FROM THE SE. CORNER OF SECnON 36, TIN., R. 8E., CITY OF NOVl, OAKLAND COUNTY, MICHIGAN; THENCE S.8T20'09"W., 6.14 FEET; THENCE N.15"06'35"W., FEET; THENCE N.02"41'32"W., FEET; THENCE N.ll'01'38"E FEET; THENCE N.02"08'12"W., 7.75 FEET; THENCE N.87'lS'2S"E., 6.00 FEET; THENCE S.02'OS'12"E., 8.50 FEET; THENCE S.11'01'38"W., FEET; THENCE S.02'41'32"E., FEET; THENCE '35"E., FEET TO THE POINT OF ENDING.
10 MAPINTEAPRElATIOH NonCE MlPlnlo,," :"01' dep~,d I, not' tended to tcpfee, or suosti'tut, tof M'f'I 0 ~ Of pn:n1l'y 5OUICt' Thill'l'WP w.. ln!~n6ed10 mul NelonlllhpA«;,wtt)' $tandwes In4 "", 'It. tn::lll' en.cant, lowe" fi" libreto D!t 51"_ iii v.. City 01 NCM. 8oul'l(ltIY mf-.vtmtl\ti li'iod.,..c$c! :'-'1$ ai, eocwonmlt, tnd s.houid Mt ti, cot'lu'u,d as IWY.., tl"a...cm perlcfimd by.tic.",ed.i.f~in~rvl)'ot.. dtl'l'!;_4111 MPu ActIn 0' 1970 ftlmlmofd. PI ud (.;)n*t Iflo Crty GIS M"'~llo con. m loutee,nd 1toCUfK)' Inform.ton,-"t,d 10 tl'i/s mill)
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