CTY of NOV CTY COUNCL Agenda tem E June 19, 2017 SUBJECT: Acceptance of eight streambank maintenance easements for properties along Bishop Creek and lngersol Creek as part of the streambank restoration project (Parcels 22-25-126-034, 22-25-126-023, 22-25-126-033, 22-25-126-004, 22-25-126-031, 22-25-126-008, 22-25-126-028 and 22-25-126-003). SUBMTTNG DEPARTMENT: Department of Public Services, Engineering Division GDM CTY MANAGER APPROVAL:~ BACKGROUND NFORMATON: The Bishop Creek and lngersol Creek streambank project involves the restoration and stabilization of multiple locations along Bishop Creek south of Ten Mile and along lngersol Creek between Bishop Creek and Meadowbrook Road where streambank erosion has occurred. The 2013 Stormwater Master Plan identified these areas needing repair. This project will include the acquisition of an estimated fourteen easements needed to complete the work behind the houses along the creek. Enclosed are eight proposed easements for streambank maintenance. Each easement consists of a twenty-foot-wide easement that overlaps the existing private easement. Spalding DeDecker, the City's engineering consultant, and their right-of-way (ROW) acquisition consultant, First ROW, are assisting the Engineering Division with the design and construction engineering services and the easement acquisitions for this project. The timing of construction for this project will be dependent upon acquisition of the remaining easements required but is expected to be completed in the late fall2017. The proposed easements have been favorably reviewed by the City Attorney (Beth Saarela's June 5, 2017) and is recommended for approval. RECOMMENDED ACTON: Acceptance of eight streambank maintenance easements for properties along Bishop Creek and lngersol Creek as part of the streambank restoration project (Parcels 22-25-126-034, 22-25-126-023, 22-25-126-033, 22-25-126-004, 22-25-126-031, 22-25-126-008, 22-25-126-028 and 22-25-126-003).
Amanda Ln Bashian Dr Manor Park Dr Willow Ln Mill Stream Ln Bishop Creek/ngersol Creek Streambank Stabilization Border Hill Rd Location Map Willowbrook Rd N Le Bost Dr Le Bost Dr Coral Ln Bethany Way Ten Mile Rd Buckingham Ct Mooringside Dr Glen Ridge Ct Heathergreene Ct Cranbrooke Dr Rock Hill Ln Tamara Dr Borchart Dr N McMahon Cir Woodland Creek Dr Meadowbrook Rd W Le Bost Dr S McMahon Cir Malott Dr Hollydale E Le Bost Dr Bishop Creek Ripple Creek Rd Maude-Lea Cir ngersol Creek La Chonce Rd Willowbrook Dr Valley Starr Rd Londonderry Dr Oak Tree Rd Franklin Mill Rd Village Wood Rd Guilford Rd Chattman Dr Map Author: J. Mathias Date: 6/08/17 Project: Bishop/ngersol Streambank Version #: v1.0 MAP NTERPRETATON NOTCE Map information depicted is not intended to replace or substitute for any official or primary source. This map was intended to meet National Map Accuracy Standards and use the most recent, accurate sources available to the people of the City of Novi. Boundary measurements and area calculations are approximate and should not be construed as survey measurements performed by a licensed Michigan Surveyor as defined in Michigan Public Act 132 of 1970 as amended. Please contact the City GS Manager to confirm source and accuracy information related to this map. Village Lake Rd Heatherbrae Way Map Legend Brook Forest Rd 20' Proposed Easement Waterways Village Oaks Rd Heatherwoode Dr City of Novi Engineering Division Department of Public Services 26300 Lee BeGole Drive Novi, M 48375 cityofnovi.org Feet 0 105 210 420 630 1 inch = 500 feet
JRSJ JOHNSON ROSAT SCHULTZ JOPPCH PC 27555 Executive Drive Suite 250 ~ Farmington Hills, Michigan 48331 Phone: 248.489.4100 Fax: 248.489.1726 Elizabeth Kudla Saarela esaarela@jrsjlaw.com www.jrsj law.com. June 5, 2017 George D. Melistas, Engineering Senior Manager CTY OF NOV City of Novi 45175 Ten Mile Road Novi, M 48375-3024 Re: Bishop Creek and ngersol Creek Streambank Restoration Easements for Stream bank Maintenance Dear Mr. Melistas: We have received and reviewed, and enclosed please find the following Easements for Streambank Maintenance for the Bishop Creek and ngersol Creek Streambank Restoration Project as acquired through Spalding DeDecker on the City's behalf with the assistance of First ROW: 1. Kline/Oliver Parcel 22-25-126-034 2. Sankovic Parcel 22-25-126-023 3. Luna Parcel 22-25-126-033 4. Zulczyk Parcel 22-25-126-004 5. Gardella Parcel 22-25-126-031 6. Sullivan/Robbins Parcel 22-25-126-008 7. Hayes/Berry Parcel 22-25-126-028 8. Changes Parcel 22-25-126-003 The above easements were donated by the property owners with respect to the City's project. Each Easement appears to be properly executed and consistent with the title search documents attached. Please note that lender consents were not obtained for this project due to the lack of City owned infrastructure that will be placed within the easement area and the likelihood that any lender would not see any benefit to terminating the easement. Please place the above easements on an upcoming City Council agenda for acceptance. Once accepted, the originals should be recorded with the Oakland County Register of Deeds by the City Clerk's Office in the usual manner. FARMNGTON HLLS LANSNG MAR S HALL
George Melistas, Engineering Senior Manager June 5, 2017 Page 2 The corresponding Temporary Access/Grading Easements and title searches should be retained in the City's file. Please feel free to contact me with any questions or concerns in regard to this matter. SON, ROSAT, SCHULTZ & JOPPCH, P.C. EKS Enclosures C: Cortney Hanson, Clerk (w/original Enclosures) Aaron Staup, Construction Engineer (w/enclosures) Taylor Reynolds, Spalding DeDecker (w/enclosures) Margaret Stekettee, First ROW (w/enclosures) Thomas R. Schultz, Esquire (w/enclosures)
\,\. -,, _... -.., - ~. ~, ~ ~ ;--~: -- 95782 LBER 50670 PAGE 387 $26.00 NSC RECORDHG $4. 00 REriONU!'iEHT il UGH 05/16/2017 03:28:29 P.i'!, RECHP ~ 56637 PAW RECORDEU - OAKLAND ('.JJUNT LSA BROwrh GLERK/REGSTER OF OE OS EASEMENT FOR STREAMB K M.ANT ANCE 1 THS EASEMENT made this7~ day of ' A., 20 7, by Laurel Kline and Mar Olivier a/k/a Mark Oliver, a single man, as joint tenants.~~llright of survivorship, whose addres is 23857 Ripple Creek Road, Novi, M. 48375, (herein~er referred to "Grantor"), being title holde and developer of the property described in the attached tl incorporated Exhibit A, (hereinafter referre to as the "Property"). Grantor, in consideration of One ($1.00) Doll, receipt and ufficiency of which is hereb acknowledged, does reserve and grant, on behalf of itsel it heirs, succ ssors, assigns and transferees, private, non-exclusive, perpetual easement for purposes reconstructio and on-going preservation an maintenance of the streambank over, upon, across, in, d through, the Property, which easement i described and depicted, as stated in the attached and incbrporated Exhibit A (hereinafter referred to a the "Easement Area") to the City of No vi, a Michigan iunicipal corp, ration, whose address is 4517 Ten Mile, Novi, Michigan 48375, (hereinafter referred to. "Grantee"). As a result of the reconstruction of the strearpbank for th purpose of stabilizing it an preventing further erosion, the City installed streambank ~tabilization m asures including but not limit to Vegetative Mechanically Stabilized Earth, Vegetative l}ip-rap, Live. taking/joint Planting, Live Cri Walls, and Log Vanes (the "Stabilization mprovements", which the Ci will maintain and repair, fro time-to-time, as needed. This easement is for the benefit of the Property, d all heirs, su cessors, assigns and transferee of the Property and the City ofnovi (hereinafter referred o as "Grantee "). The Grantor shall maintain the Easement Area so at all es, it continues to function intended. The Grantor, shall be prohibited from alter" g or placing ything in the Easement Are which shall obstruct or impede, damage or interfere 1 th the Stabili ation mprovements. Granto agrees not to build or to convey to others permission to, uild any struc ures or improvements on, over across, in, through, or under the above-described Easement Area or to develop or allow th development of the Easement Area in any manner whi4 removes, d ages, impedes or obstructs th9 Stabilization mprovements without prior written approval from the Ci, or, alternatively, as part of~ approved site plan, the Grantor may construct and/or insd ll surface imp vements to the property, whic improvements do not interfere with use, operation, and tten~ce, of e Easement Area. The City, and it agents and employees shall be p rmitted to en r upon the Easement Area an sufficient land adjacent to said Easement Area for the. urpose "of exe cising the rights and privilege granted herein.
This Easement does not grant or convey to Gran ee, or any me ber of the general public, an right of ownership, possession or use of the Easement Arda. All portions of the Property damaged or disturbed by Grantee's xercise of easement rights, sh be reasonably restored by Grantee to the condition that ex sted prior to e damage or disturbance. This instrument shall run with the land first descri ed above and shall be binding upon and inur to the benefit of the Grantor, Grantee, and their respectiv heirs, represe tatives, successors and assigns. This Easement is exempt from transfer taxes under MCL 207.505(a) 'd MCLA 207.526(a). N WTNESS WHEREOF, the undersigned Grantor has 1xed their si ature this 7A day o M..c-y, 2017. GRANTOR: Laurel Kline and Mark Olivier a/k/a Mar Oliver, a sing e man, as joint tenants with full rights of survivors ' STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this 1 Tt- day of tm ~, to 17, before me, personally appeared the above named Laurel Kline and ark Ohv1er a/k/a Mark Ohver, a smgle an, as JOmt tenants w1th full rights of survivorship to me known to be the persons desc~ibed in and w o executed the foregoing instrument and acknowledged that they executed the sam. as their free a t and deed. TillS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRJVE, SUTE 250 FARMNGTON HLLS, Ml48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD, NOV, M 48375 MARGAREr ANN STEKmE NOTARY PUBLC, STATE OF r.3 COUNTY OF KENT Y COMMSSON EXPRES.fat19 2020 A NG N COUNTY OF C) ~'-f./"'-~ d 2
.. NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRPTON S WRTTEN BASED UPON THE RECORD DESCRPTON OF THS OVERALL PARCEL. EASEMENT FOR 8 SHOP CREEK xh/b/t A LOT 128 "WLLOWBROOK ESTAT:S SUB NO. 2" 23780 E LEBOST 20' PROPOSED EASEMENT, ~"",:, --t----1 LOT 127 "WLLOWBROOK ESTAT:S SUB NO. 2" 23796 E LEBOST N 10 04'00" W l 140.22 20' EXSTNG PRVA BSHOPCR EK ~16..Z 6 EST:~T:S UB NO. 2" 23810 E LEBOST BSHOP CRt.~ - - - - - - - - - - - _ - - - ~A~E~E~T-- ] - - - - - - - -- - - - ' ' ' LOT 428 ~?-., UlO Lt1 ~~ (11 LOT 429 PARCEL TAX D No. "WLLOWBROOK ESTATES SUB 0. 3" 50-22-25-126-034 23857 RPPLE CREEK LOT 430 \ S 1 0 04'00" E 53.93 R"'OO.oo ~ ~.. PROPERTY DESCRPTON RPPLE CREEK ROAD 60' WDE LOT 429 OF "WLLOWBROOK ESTATES SUBDVSON No. 3" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, M.CHGAN. AS RECORD~rN UBER 37, PAGE 369..!l::L45-/.1-0-Ci{;.T _,.., "'~ ~ ~ EASEMENT FOR BSHOP CREEK ~~ A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG -o 7 DESCRBED AS THE WESTERLY 20 FEET OF LOT 429 OF ~!i "WLLOWBROOK ESTATES SUBDVSON No.3" OF PART ~ i OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 fi;] EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND 0 SCALE 1" = 30' 30 60 ~ COUNTY, MCHfiGAFN. AS RECORDED N UBER 37, PAGE ~ ~c 369.. jjl,.:l-'5-u-63-l- ~ REVSED 03-07 7 ~~r---------~~----------------~---------h~d~ra~w~n-:-t~.~n_d_o_w-----rd-a_t_e_:_0-9--1~4-~1~5~~ ~~ o>;ot, ~SPALDNG DEDECKER CHECKED:[. RCHMOND DATE: 09-14-15 ~ ~ ~ Engineers Surveyors MANAGER:. RCHMONC SCALE: 1" = 30',.:? 905 South Blvd. East Phone: (248) 844-5400 JOB No. NV15002 SHEET: 1 OF 1 ~ j. Rochester Hills, Ml 48307 Fax: (248) 844-5404 ;~ www.sda-eng.com SECTON25 OWN 01 NORTH RANGE 08 EAST ~? CTY OF NO\ OAKLAND COUNTY, Ml ~ ~ ~---------------------------------------r--------,_------------------~~, -+-------------------+----
EASEMENT FOR STREAMBANK MANTENANCE, 2017, by Michelle M. Sankovic formerly known as Michelle M. Armbruster, survivor of herself and Robert C. Sankovic, whose death certificate is attached, as joint tenants with full rights of survivorship, whose address is 23560 E. Le Bost Dr., Novi, M. 48375, (hereinafter referred to as "Grantor"), being title holder and developer of the property described in the attached and incorporated, Exhibit A, (hereinafter referred to as the "Property"). THS EASEMENT made this q-\r-.-day of ~1.\U\ Grantor, in consideration of One ($1.00) Dollar, receipt and sufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, successors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstruction and on-going preservation and maintenance of the streambank over, upon, across, in, and through, the Property, which easement is described and depicted, as stated in the attached and incorporated Exhibit A (hereinafter referred to as the ''Easement Area") to the City of Novi, a Michigan municipal corporation, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to as "Grantee"). As a result of the reconstruction of the streambank for the purpose of stabilizing it and preventing further erosion, the City installed streambank stabilization measures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live Staking/Joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the City will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, successors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantees"). The Grantor shall maintain the Easement Area, so at all times, it continues to function as intended. The Grantor, shall be prohibited from altering or placing anything in the Easement Area which shall obstruct or impede, damage or interfere with the Stabilization mprovements. Grantor agrees not to build or to convey to others permission to build any structures or improvements on, over, across, in, through, or under the above-described Easement Area, or to develop or allow the development of the Easement Area in any manner which removes, damages, impedes or obstructs the Stabilization mprovements without prior written approval from the City, or, alternatively, as part of an approved site plan, the Grantor may construct and/or install surface improvements to the property, which improvements do not interfere with use, operation, and maintenance, of the Easement Area. The City, and it agents and employees shall be permitted to enter upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of exercising the rights and privileges granted herein.
This Easement does not grant or convey to Grantee, or any member of the general public, any right of ownership, possession or use of the Easement Area. All portions of the Property damaged or disturbed by Grantee's exercise of easement rights, shall be reasonably restored by Grantee to the condition that existed prior to the damage or disturbance. This instrument shall run with the land first described above and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. This Easement is exempt from transfer taxes under MCLA 207.505(a) and MCLA 207.526(a). N WTNESS WHEREOF, the undersigned Grantor has affixed their signature this _ C\ 0--- day of ro-~,207. GRANTOR: Michelle M. Sankovic formerly known as Michelle M. Armbruster, survivor of herself and Robert C. Sankovic, whose death certificate is attached, as joint tenants with full rights of survivorship, ~ o u '"'ol ~~ Michelle M. Sankovic, f/k/a Michelle M. Armbruster STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this C[fL. day of ;ta'j, 2017, before me, personally appeared the above named Michelle M. Sankovic formerly known as Michelle M. Armbruster, survivor of herself and Robert C. Sankovic, whose death certificate is attached, as joint tenants with full rights of survivorship, to me known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD. NOV!, Ml 48334 -LM~~~ Sft..Aifk.v Notary~ /Cl---n-1- My commission expires f. 9,. L~L -o Acting in OWu.~'~ d County. M. County, Ml 2
EASEMENT FOR BSHOP CREEK NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRPllON S WRTllEN BASED UPON THE RECORD DESCRPTON OF THS OVERALL PARCEL BROOKF ARM PARK Er-h.b:f 1-i 20' PROPOSED EASEMENT----+----i FOR BSHOP CREEK S 10"04'00" E BSHOP CREEK l 80.00' 20' EXSliiiCl PRAlE l EASEUENT ----- ------l--t-c:xisnnc; - - - - - - - - - - -.!- F~;'v:~u~A~'t~:s"""]_ - f- LOT 141 LOT 143 w z LOT 142 "WLLOWBROOK ESTAllES SUB NO. 2" PARCEL TAX D No. 50-22-25-126-023 23560 E LEBOST 3:: g;, rg:;: 0...,... "'~ Cl) N 10004'00" W 47.34' E. LE BOST DRVE 60' WDE ~,., "....0...,_<) ~:ti?2: "'>.. z "0/ ~~ </)/ li,...= Oi~ ~j PROPERTY DESCRPTON LOT 142 OF "WLLOWBROOK ESTATES SUBDVSON No. 2" OF PART OF NORTHWEST 1/4 OF SECTON 25, TOWN 2 NORTH. RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE 961. EASEMENT FOR BSHOP CREEK A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG DESCRBED AS THE EASTERLY 20 FEET OF LOT 142 OF "WLLOWBROOK ESTATES SUBDVSON No.2" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE 961. 0 SCALE 1" = 30' 30 60 ~ 1 REVSED 03-07-1 7.oz ~--------------------------------------~----------------~------------~ ~ ~ DRAWN: T. LNDOW DATE: 09-14-15 ~~ "Wr SPALDNG DEDECKER CHECKED: D RCHMOND DATE 09-14-15 ~~ ~ Engineers Surveyors MANAGER: D. RCHMOND SCALE: 1" = 30',-:? 905 South Blvd. East Phone: (248) 844-5400 JOB No. NV15002 SHEET: 1 OF 1 o.f Rochester Hills, Ml 48307 Fax: (248) 844-5404 ; ~ www.sda-eng.com SECTON 25 TOWN 01 NORTH RANGE 08 EAST ~? CTY OF NO V OAKLAND COUNTY, Ml ~~ ~-----------------------------------------L---------------------------------J
EASEMENTFORSTREAMB&NKN.VuNT NANCE THS EASEMENT made this 1.Jl! day of /'~ J.' : 2017,. y Jonathon Luna, a single man, whose address is 23917 Ripple Creek Road, Nov~ (herei er referred to as "Grantor"), being title holder and developer of the property describ d in the attac ed and incorporated, Exhibit A, (hereinafter referred to as the "Property"). : Grantor, in consideration of One ($1.00) Doll receipt and ufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itsel~ it heirs, succ. ssors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes Jreconst;ructio and on-going preservation and maintenance of the streambank over, upon, across, in, and through, e. Property, which easement is described and depicted, as stated "in the attached and incbrporated E bit A (hereinafter referred to as the "Easement Area") to the City of Novi, a Michigan iunicipal. corp ' ration, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to j s "Grantee"). As a result of the reconstruction of the streazr.bank for th purpose of stabilizing it and preventing further erosion, the City installed streambank ~tabilization m asures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live taking/joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements", which the Ci will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property atjl.d all heirs, su cessors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantee "). The Grantor shall maffitain the Easement Are~ so at all ti es, it continues to function as intended. The Grantor, shall be prohibited from alten,g or placing ything in the Easement Area which shall obstruct or impede, damage or interfere ":lith the : Stabili :ation mprovements. Grantor agrees not to build or to convey to others permission to li>uild any struc ures or improvements on, over, across, in, through, or under the above-described Ebement Are or to develop or allow the development of the Easement Area in any manner which remo~es, d ages, impedes or obstructs the Stabilization mprovements without prior written approv!l. from the Ci,, or, alternatively, as part of an approved site plan, the Grantor may construct and/or inst~l surface imp vements to the property, which improvements do not interfere with use, operation, and m ntenance, of e Easement Area. The City, and it agents and employees shall be permitted to en r upon the Easement Area and sufficient land adjacent to said Easement Area for the urpose of exe cising the rights and privileges granted herein.
This Easement does not grant or convey to Gr4ee, or ~y m right of ownership, possession or use of the Easement Pw a. _~ All portions of the Property damaged or disturbed by Gr~tee's be reasonably restored by Grantee to the condition that e 'sted prior to ber of the general public, any xercise of easement rights, shall e damage or disturbance. This instrument shall run with the land first descri'bed above an shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respectiv heirs, 'epres tatives, successors and assigns. This Easement is exempt from transfer taxes under MCL 207.505(a) N WTNESS WHEREOF, the undersigned Grantor has affixed their si A~Mi" ' 2017. G d MCLA 207.526(a). l!.!! day of on Luna, a single ~an STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this 111- day of t't1tl.±{, ~0 17, before 1, above named Jonathon Luna, a single man to me known tb be the. perso the foregoing instrument and acknowledged that he exec ted the same personally appeared the described in and who executed his free act and deed. THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M 48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD, NOV, M 48375 1M ~ ~ Notary Publ, Kt-.. +- County, M My commis ion expires J "1 2-0 z..z;~ Actin in RA<. 11 "" t!. Coun M. MARGARET ANN STEKETEE NOTARY PUBUC. STATE OF Ml COUNTY OF KENT MY COMMSSON EXPRES Jan 9, 2020 ACTNG N COUNTY OF 0 a.k t Cl.ol\ d.. 2
.,_.... EASEMENT FOR ~:~2f ;REEK NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRPTON S WRTTEN BASED UPON THE RECORD DESCRPTON OF THS OVERALL PARCEL. / ---\------------------- LOT 125. ~ 1 LOT 4 U.OV.SROOK EST AlES SUe NO. '' ~U.OWBROOK EST r~s SUe NO. ~ 2J8Z8 E LEBOST ;';3644 E 1-'-BOST 32 53'10" E 1 l J02. 2 l'l BS OP CREEK 20' PROPOSED 20' EXSTNG PRVA i l. 1-r-EASEMENT FOR EAS MENT _ BSHOP CREEK - - ---- ---- / LOT 429 3" <"'.,. ~~ "' ott ~.,... -z. 1 15' PROPOSED ' \, ll--- ~~~~~~~y A<C ss UJ ~- - <0 <0 - ~ ~ ll ~ (/) LOT 431 \ R 00.oo s 32 53'10"~ ~~. <\8 211.65',... "" ~ ~r ;~ ~... 2: "'!> -o?!~ til;;. ~... ""i "ij ~"' PROPERTY DESCRPTON LOT 430 OF "WLLOWBROOK ESTATES SUBDVSON No. 3' OF PART OF WEST 112 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. EASEMENT FOR BSHOP CREEK A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG DESCRBED AS THE WESTERLY 20 FEET OF LOT 430 OF "WLLOWBROOK ESTATES SUBDVSON No.3" OF PART OF WEST 112 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. RPPL E CREEK R PAD 60' WDE /~ SCALE 1" : 30' 0 30 60 ; j REVSED 03-07-17 20-E~----------------------------------~------;-------~----------~ z DRAWN: T. NDOW DATE: 09-14-15 o<>.); CHECiKED: (.RCHMOND DATE: 09-14-15 ~SPALDNG DEDECKER ~ Engineers Surveyors 905 South Blvd. East Phone: (248) 844-5400 Rochester Hills, Ml 48307 Fax: (248) 844-5404 www.sda-eng.com ~); r-:g 5., MAN~GER:. RCHMOND SCALE: 1" = 30' <'<S: r-:? ~ li. JOB No. NV15002 SHEET: 1 OF 1 ~ -il SECTON 25 OWN 01 NORTH RANGE 08 EAST 1i~ ~? CTY OF NO OAKLAND COUNTY, Ml --------- ~~L-----------------------------------------~---------r----------------------~ --+1-,.----- - -----
EASEMENTFORSTREAMB~KNVUNTENANCE THS EASEMENT made this j_q_day of BJ;ei J, 20 7, by Stephen B.. Zulczyk and Mary C. Zulczyk, husband and wife, whose address 1S 1 23860 E. Le Bost Drive, Novi, M. 48375, (hereinafter referred. to as "Grantor"), being title holder and developer f the property described in the attached and incorporated, Exhibit A, (hereinafter referred to as the "Pro erty,). Grantor, in consideration of One ($1.00) Dollar, receipt and ufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, succ ssors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstructio and on-going preservation and maintenance of the streambank over, upon, across, in, and through, e Property, which easement is described and depicted, as stated in the attached and incorporated Exh bit A (hereinafter referred to as the "Easement Area") to the City ofnovi, a Michigan municipal corp ration, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to as "Grantee"). As a result of the reconstruction of the streambank for th purpose of stabilizing it and preventing further erosion, the City installed stream bank stabilization m. asures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live :taking/joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the Ci will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, su cessors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantee "). The Grantor shall maintain the Easement Area, so at all ti es, it continues to function as intended. The Grantor, shall be prohibited from altering or placing an "ng in the Easement Area which shall obstruct or impede, damage or interfere with the Stabilization m rovements. Grantor agrees not to build or to convey to others permission to build any structures or rovements on, over, across, in, through, or under the above-described Easement Area, or to develop r allow the development of the Easement Area in any manner which removes, damages, impedes or obstructs the Stabilization mprovements without prior written approval from the City, or, alternat ely, as part of an approved site plan, the Grantor may construct and/or install surface improve ents to the property, which improvements do not interfere with use, operation, and maintenance, of e Easement Area. The City, and it agents and employees shall be permitted to en r upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of exe cising the rights and privileges granted herein.
- This Easement does not grant or convey to Grantee, or any m right of ownership, possession or use of the Easement Area. ber of the general public, any All portions of the Property damaged or disturbediby Grantee's xercise of easement rights, shall be reasonably restored by Grantee to the condition that existed prior to e damage or disturbance. This instrument shall run with the land first described above and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, represe tatives, successors and assigns. This Easement is exempt from transfer taxes under MCLA 207.505(a) d MCLA 207.526(a). 10 day of STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this /0.;a, day of ;A,?r.', 2017, b fore me, personally appeared the above named Stephen B. Zulczyk and Mary C. Zulczyk, husband an wife, to me known to be the persons described in and who executed the foregoing instrument and ac owledged that they executed the same as their free act and deed. THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSA Tl, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M 48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD, NOV, M 48375 MARGARET AAN STEKETeE NOTARY PUBliC, STATE OF Ml COUNTY OF KENT MY COMMSSON EXPRES Jan 9 2020 A TNGJNCOUNTYOF Oa.tr,~..,J. 2
.... - EASEMENT FOR B.SHOP CREEK NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF ll-s PARCEL AND ll-e PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. ll-e EASEMENT DESCRPTON S WRTTEN BASED UPON ll-e RECORD DESCRPTON OF ll-s OVERALL PARCEL. LOT 432 LOT 43 "WLLOWBROOK ESTATES SUB No. 3" "WlLLOWBROOK EST SUB No. 3" 23949 RPPLE CREEK 23927 RPP CREEK S 32 53'10" w BSHOP CRE K LOT 122 LOT 123 "WLLOWBROOK ESTATES SUB NO. 2" PARCEL TAX D No. 50-22-25-126-004 23860 E LEBOST ;J: ~~ ~.,.; ~ ~LOT 124 PROPERTY DESCRPTON LOT 123 OF "WLLOWBROOK ESTATES SUBDVSON No. 2" OF PART OF NORTHWEST 1/4 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE 961. " ~ ~i" " ~~ ~ ~:;: -;;~!;!;! Ol~ '. ~g m! EASEMENT FOR BSHOP CREEK A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG DESCRBED AS THE EASTERLY 20 FEET OF LOT 123 OF "WLLOWBROOK ESTATES SUBDVSON No.2" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE 961. ~/ SCALE 1" = 30' 0 30 60 ::_] REVSED 03-07-17 ;o..1r----------------------,~---r----~------~ DRAWN: T. NDOW DATE: 09-14-15 ~~ ~SPALDNG DEDECKER CHECKED: [.RCHMOND DATE: 09-14-15 ~~... Engineers Surveyors MANAGER: D. RCHMOND SCALE: 1" = 30' r..:-3-905 South Blvd. East Phone: (248) 844-5400 JOB No. NV115002 SHEET: 1 OF 1 s _g. Rochester Hills, Ml 48307 Fax: (248) 844-5404 ;~ www.sda-eng.com SECTON 25 OWN 01 NORTH RANGE 08 EAST ~ ;> CTY OF NO\ OAKLAND COUNTY, Ml ~~ ~----------------------------------------_.--------~--------------------~~ ' ------------------------------------------------------~----- - ------------------------
EASEMENT FOR STREAMBANK MANT NANCE.. THS EASEMENT made this.3 0 day of /vi tre-h, 201, by Peggy M. Gardella, whose address is 23949 Ripple Creek Road, Novi, M. 48375, (hereinafter re erred to as "Grantor"), being title holder and developer of the property described in the attached and inc rporated, Exhibit A, (hereinafter referred to as the "Property"). Grantor, in consideration of One ($1.00) Dollar, receipt and sufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, sue essors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstructio and on-going preservation and maintenance of the streambank over, upon, across, in, and through, he Property, which easement is described and depicted, as stated in the attached and incorporated E ibit A (hereinafter referred to as the "Easement Area") to the City of Novi, a Michigan municipal cor oration, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to as "Grantee") As a result of the reconstruction of the streambank for th -purpose of stabilizing it and preventing further erosion, the City installed streambank stabilization easures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live Staking/Joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the C ty will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, s ccessors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grante s".). The Grantor shall maintain the Easement Area, so at all f f:;,s, it continues to function as intended. The Grantor, shall be prohibited from altering or placing anything in the Easement Area which shall obstruct or impede, damage or interfere with the Stabi ization mprovements. Grantor agrees not to build or to convey to others permission to build any stru tures or improvements on, over, across, in, through, or under the above-described Easement Are, or to develop or allow the development of the Easement Area in any manner which removes, d ages, impedes or obstructs the Stabilization mprovements without prior written approval from the Ci y, or, alternatively, as part of an approved site plan, the Grantor may construct and/or install surface im ovements to the property, which improvements do not interfere with use, operation, and maintenance, o the Easement Area. The City, and it agents and employees shall be permitted to e ter upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of ex rcising the rights and privileges granted herein.
This Easement does not grant or convey to Grantee, or any m mber of the general public, any right of ownership, possession or use of the Easement Area. All portions of the Property damaged or disturbed by Grantee's exercise of easement rights, shall be reasonably restored by Grantee to the condition that existed prior to he damage or disturbance. This instrument shall run with the land first described above an shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, repres ntatives, successors and assigns. This Easement is exempt from transfer taxes under MCLA 207.505(a) d MCLA 207.526(a). N WTNESS WHEREOF, the undersigned Grantor has affixed their s gnature this fda vc /.,, 2017. 3 Q day of STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this 3 0 day of tda vch, 2017, before e, personally appeared the above named Peggy M. Gardell~ me known to be the person describ d in and who executed the foregoing instrument and acknowledged that she executed the same as er free act and deed. THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M 48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV! 45 75 TEN MLE RD, NOV!, M 48334 2
. ~~ -------------------------------------+------------------ EASEMENT FOR BSHOP CREEK NOT : SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRPTON S WRTEN BASED UPON THE RECORD DESCRPTON OF THS OVERALL PARCEL. LOT 123 "WLLOWBROOK ESTATES SUB NO. 2" 23860 E LEBOST N 32 53'1 0" E \ l 302.21' BSHOP CREEK 20' PROPOSED EASEMENT FOR--- 20' EXSllNG PRVATE J BSHOP CREEK EASEMENT - - - ----------- ------ LOT 431 LOT 433 z LOT 432 ~ PARCEL TAX D No. 0.,_, "WLLOWBROOK ESTATES SUB NO. 3" i'!.' ~ 50-22-25-126-031 ~- <" 23949 RPPLE CREEK ~ "" "' " ill ::~ ~! ~~ '"'S:.. 4< ~...- ~!E 0:5!- 1 g r--~ a; g ~:! PROPERTY DESCRPTON LOT 432 OF "WLLOWBROOK ESTATES SUBDVSON No. 3" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. EASEMENT FOR BSHOP CREEK A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG DESCRBED AS THE WESTERLY 20 FEET OF LOT 432 OF "WLLOWBROOK ESTATES SUBDVSON No.3" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. s 32 53'1 0" w 75.01 ' AfC=31.26' RPPLE CREEK ROAD 60 WDE /"' / SCALE 1'" = 30' 0 30 60 :;:_ 1! REVSED 03-07-17 ~i~-------------------------------------~-d-r_a_w_n_:_t-.~n_d_o_w----~d-a_t_e_: _0-9 -1-4--1-5 --~ 5f~ net. ~~ ~ s: r-:? :s.~ "'" -g~ ~SPALDNG DEDECKER... Engineers Surveyors 905 South Blvd. East Phone: (248) 844-5400 Rochester Hills, Ml 48307 Fax: (248) 844-5404 www.sda-eng.com CHECKED: ~-RCHMOND DATE: 09-14-15 MANAGER: p. RCHMOND SCALE: 1" = 30' JOB No. NVi 5002 SHEET: 1 OF 1 SECTON 25 TOWN 01 NORTH RANGE 08 EAST ;g? CTY OF NO OAKLAND COUNTY, Ml ~ ~ L-----------------------------------_. +-------------------~~
EASEMENT FOR STREAMBANK MANT NANCE THS EASEMENT made this /O~ay of /+er;l, 2017, by Richard C. Sullivan, Jr., and Donna Robbins, husband and wife, whose address is 23796 E. Le ost Drive, Novi, M. 48375, (hereinafter referred to as "Grantor"), being title holder and developer of the property described in the attached and incorporated, Exhibit A, (hereinafter referred to as the "Pro, erty"). Grantor, in consideration of One ($1.00) Dollar, receipt and sufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, succ ssors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstructio and on-going preservation and maintenance of the streambank over, upon, across, in, and through, t e Property, which easement is described and depicted, as stated in the attached and incorporated Exh bit A (hereinafter referred to as the "Easement Area") to the City of Novi, a Michigan municipal corp ration, whose address is 45175 Ten Mile, Nevi, Michigan 48375, (hereinafter referred to as "Grantee"). As a result of the reconstruction of the streambank for th purpose of stabilizing it and preventing further erosion, the City installed streambank stabilization measures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live faking/joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the Ci. will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, su cessors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantee "). The Grantor shall maintain the Easement Area, so at all ti es, it continues to function as intended. The Grantor, shall be prohibited from altering or placing an gin the Easement Area which shall obstruct or impede, damage or interfere with the Stabilization 1m rovements. Grantor agrees not to build or to convey to others permission to build any structures or i rovements on, over, across, in, through, or under the above-described Easement Area, or to develop r allow the development of the Easement Area in any manner which removes, damages, impedes or obstructs the Stabilization mprovements without prior written approval from the City, or, altema vely, as part of an approved site plan, the Grantor may construct and/or install surface improve ents to the property, which improvements do not interfere with use, operation, and maintenance, of e Easement Area. The City, and it agents and employees shall be permitted to en er upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of exe cising the rights and privileges granted herein.
. This Easement does not grant or convey to Grantee, or any m~ right of ownership, possession or use of the Easement Area. ber of the general public, any All portions of the Property damaged or disturbed by Grantee's xercise of easement rights, shall be reasonably restored by Grantee to the condition that existed prior to e damage or disturbance. This instrument shall run with the land first described above and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, represe, tatives, successors and assigns. This Easement is exempt from transfer taxes under MCLA 207.505(a) N WTNESS WHEREOF, the undersigned Grantor has affixed their si '2017. frrf' \ d MCLA 207.526(a). 10...{1..._ -~--- day of GRANTOR: Richa ~ C. Sullivan, Jr., and Donna Robbins, husband d wife STATE OF MCHGAN ) )SS COUNTY OF OAKLAND) On this 10 -f/'1. day of Apr, 2017, b fore me, personally appeared the above named Richard C. Sullivan, Jr., and Donna Robbins, husband persons described in and who executed the foregoing instrument and ac the same as their free act and deed. d wife, to me known to be the owledged that they executed THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M 48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD, NOV, M 48375 2
... NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRP110N DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRP110N S WRTTEN BASED UPON THE RECORD DESCRP110N OF Tl11S OVERALL PARCEL. EASEMENT FOR BSHOP CREEK e;'tt-t~ta:+- A LOT 429 "WLLOWBROOK ESTATES SUB No. 3' 2385 7 RPPLE CREEK m' PROPOSfD EASOENT 1 FOR BSHOP CREEK / - --- -- LOT 126 S 10 04'00" E Bl HOP CREEK l 80.00' 20' EXSTNG PRVATE J EASEMENT - - - - - [ - - l2;-exstng- - - - - - - - - - - PRVATE EASEMENT 1, ~R PUBLC ~iie~ t LOT 128 w 'o Pb ~~,.._.,... :z LOT 127 " W1LLO'M3ROOK ESTATES SUB PARCEL TAX D No. 50-22-25-126-008 23796 E LEBOST 0. 2" N 10"04'00" W so.oo E. LE BOST DRVE 60' WDE " ill... ~ "'... PROPERTY DESCRPTON LOT 127 OF "WLLOWBROOK ESTATES SUBDVSON No. 2" OF PART OF NORTHWEST 1/4 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV!), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE 961. ~ ~ EASEMENT FOR BSHOP CREEK ~~ A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG.., > DESCRBED AS THE EASTERLY 20 FEET OF LOT 127 OF l~ "WLLOWBROOK ESTATES SUBDVSON No.2" OF PART ~ 9 OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8.;_ ~ EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND ;; ~ COUNTY, MCHGAN. AS RECORDED N LBER 35, PAGE ~ ~ 961. 0 SCALE 1" = 30' 30 60 ~ ~ REVSED 03-07-17 ~0 ~----------------------------------------~--------~--------~------------~ if 1 DRAWN: T. NDOW DATE: 09-14-15 ~~ ~SPALDNG DEDECKER CHECKED:. RCHMOND DATE: 09-14-15.. :1l l" Engineers Surveyors MANAGER: rh RCHMOND SCALE: 1" = 30' ~> if",..::? 905 South Blvd. East Phone: (248) 844 54 0 JOB No. NV15002 SHEET: 1 OF 1 ~ j Rochester Hills, Ml 48307 Fax: (248) 844-5404 ii~ www.sda-eng.com SECTON25 OWN 01 NORTH RANGE 08 EAST 15? CTY OF NO\ OAKLAND COUNTY, Ml ~~ L-----------------------------------------~--------~----------------------~
.; EASEMENT FOR STREAMBANK MANTENANCE THS EASEMENT made this _llday of /!pr1 /, 2017, by Brian Hayes, also known as Brian C. Hayes, a married man, and Joseph Berry, also known as Joseph L. Berry, a married man, as joint tenants, whose address is 24049 Ripple Creek Road, Novi, M. 48375, (hereinafter referred to as "Grantor"), being title holder and developer of the property described in the attached and incorporated, Exhibit A, (hereinafter referred to as the "Property"). Grantor, in consideration of One ($1.00) Dollar, receipt and sufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, successors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstruction and on-going preservation and maintenance of the streambank over, upon, across, in, and through, the Property, which easement is described and depicted, as stated in the attached and incorporated Exhibit A (hereinafter referred to as the "Easement Area") to the City of Novi, a Michigan municipal corporation, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to as "Grantee"). As a result of the reconstruction of the stream bank for the purpose of stabilizing it and preventing further erosion, the City installed stream bank stabilization measures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live Staking/Joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the City will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, successors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantees"). The Grantor shall maintain the Easement Area, so at all times, it continues to function as intended. The Grantor, shall be prohibited from altering or placing anything in the Easement Area which shall obstruct or impede, damage or interfere with the Stabilization mprovements. Grantor agrees not to build or to convey to others permission to build any structures or improvements on, over, across, in, through, or under the abovedescribed Easement Area, or to develop or allow the development of the Easement Area in any manner which removes, damages, impedes or obstructs the Stabilization mprovements without prior written approval from the City, or, alternatively, as part of an approved site plan, the Grantor may construct and/or install surface improvements to the property, which improvements do not interfere with use, operation, and maintenance, of the Easement Area. The City, and it agents and employees shall be permitted to enter upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of exercising the rights and privileges granted herein. This Easement does not grant or convey to Grantee, or any member of the general public, any right of ownership, possession or use of the Easement Area. All portions of the Property damaged or disturbed by Grantee's exercise of easement rights, shall be reasonably restored by Grantee to the condition that existed prior to the damage or disturbance.
.c '.. This instrument shall run with the land first described above and shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. This Easement is exempt from transfer taxes under MCLA 207.505(a) and MCLA 207.526(a). / a 'h-. N W~S_S WHEREOF, the undersigned Grantor has affixed their signature this -~-<-...;:6 day of epr_,, 2017.. GRANTOR: Brian Hayes, also known as Brian C. Hayes, a married man, and Joseph Berry, also known as Joseph L. Berry, a marri man, as joint tenants STATE OF MCHGAN ) )SS COUNTY OF OAKLAND)..,.._ On this / <J day of ;A,tJr: f, 2017, before me, personally appeared the above named Brian Hayes, also known a; Brian C. Hayes, a married man, and Joseph Berry, also known as Joseph L. Berry, a married man, as joint tenants, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. THS NSTRUMENT DRAFTED BY: ELZABETH K. SAARELA JOHNSON, ROSAT, SCHULTZ & JOPPCH 27555 EXECUTVE DRVE, SUTE 250 FARMNGTON HLLS, M 48331 WHEN RECORDED, RETURN COPY TO: CORTNEY HANSON, CLERK, CTY OF NOV 45175 TEN MLE RD, NOV, M 48375 MARGARET ANN STEKETEE NOTARY PUBLC, STATE OF Ml COUNTY OF KENT MV COMMSSON EXPRES Jan 9, 2020 ACTNG NCOUNTYOF Oa..Kia.."1 d. 2
EASEMENT FOR BSHOP CREEK NOTE: SDA HAS NOT PERFORMED A BOUNDARY SURVEY OF THS PARCEL AND THE PARCEL DESCRPTON DOES NOT NECESSARLY REFLECT FELD-MEASURED VALUES. THE EASEMENT DESCRPTON S WRTTEN BASED UPON THE RECORD DESCRPTON OF THS OVERALL PARCEL. LOT 123 "WLLOWBROOK ESTATES SUB NO. 2" \ 23860 E l.ebost l E-~h: b,-f A- N 3 54'48" W,LLJ 4-7.72' 8. 40755 TEN MLE EASEMENT 1 ~~ N FOR BSHOP CREEK _B~S_H?~ ~~E-E~ _ z N,.. W _ 3053 40 53 08 20' PROPOSED EASEMENT ----+1 20' EXS11NG PRVATE ~ s SCALE 1" = 30' 0 30 60 L 12' EXS11NG PRVATE ASEMEN T :--J L ~ PUBUC UTUTES_j_ -- "' ~ ~ p ~ l8 - rn LOT 435 RCEL TAX D No. " UOWBRO- ESTATES SUB NO. 3" 50-2 25-126-028 24-049 PPLE CREEK LLJ N ;r ~ ~!() z LOT 434 LOT 436 ~ "... "' ~ ii n;;:.. Z '0... ~~ UJ~ 15 ~l ~.. PROPERTY DESCRPTON LOT 435 OF "WLLOWBROOK ESTATES SUBDVSON No. 3" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. EASEMENT FOR BSHOP CREEK A 20 FOOT WDE EASEMENT FOR BSHOP CREEK BENG DESCRBED AS THE WESTERLY 20 FEET OF LOT 435 OF "WLLOWBROOK ESTATES SUBDVSON No.3" OF PART OF WEST 1/2 OF SECTON 25, TOWN 2 NORTH, RANGE 8 EAST, NOV TOWNSHP (NOW CTY OF NOV), OAKLAND COUNTY, MCHGAN. AS RECORDED N LBER 37, PAGE 369. S 3 54-'4-8" E 100.00' RPPLE CREEK ROAD 60' WDE ""' REVSED 03-07-17 ~j ~----------------------------------------~------------------~------------~ ~ i DRAWN: T. LNDOW DATE: 09-14-15..,., "'-",;;~ CHECKED: D. RCHMOND DATE: 09-14-15 ~~ MANAGER: D. RCHMOND SCALE: 1" = 30' ~>..:? 6. -,..,.._,.SPALDNG DEDECKER... Engineers Surveyors 905 South Blvd. East Phone: (248) 844-5400 Rochester Hills, Ml 48307 Fax: (248) 844-5404 www.sda-eng.com JOB No. NV15002 SHEET: 1 OF 1 SECTON 25 TOWN 01 NORTH RANGE 08 EAST 1l~ ~?- CTY OF NOV OAKLAND COUNTY, Ml ~ ~ ~----------------------------------------_.--------------------------------~
EASEMENT FOR STREAMBANK MANTENANCE THS EASEMENT made this ~day of ~~U. \. 2017, by Christine Changes, a married woman, whose address is 23874 E. Le Bast Dr., Novi, M. 48375, (hereinafter referred to as "Grantor"), being title holder and developer of the property described in the attached and incorporated, Exhibit A, (hereinafter referred to as the "Property"). Grantor, in consideration of One ($1.00) Dollar, receipt and sufficiency of which is hereby acknowledged, does reserve and grant, on behalf of itself, it heirs, successors, assigns and transferees, a private, non-exclusive, perpetual easement for purposes reconstruction and on-going preservation and maintenance of the stream bank over, upon, across, in, and through, the Property, which easement is described and depicted, as stated in the attached and incorporated Exhibit A (hereinafter referred to as the "Easement Area") to the City of Novi, a Michigan municipal corporation, whose address is 45175 Ten Mile, Novi, Michigan 48375, (hereinafter referred to as "Grantee"). As a result of the reconstruction of the streambank for the purpose of stabilizing it and preventing further erosion, the City installed streambank stabilization measures including but not limited to Vegetative Mechanically Stabilized Earth, Vegetative Rip-Rap, Live Staking/Joint Planting, Live Crib Walls, and Log Vanes (the "Stabilization mprovements"), which the City will maintain and repair, from time-to-time, as needed. This easement is for the benefit of the Property and all heirs, successors, assigns and transferees of the Property and the City ofnovi (hereinafter referred to as "Grantees"). The Grantor shall maintain the Easement Area, so at all times, it continues to function as intended. The Grantor, shall be prohibited from altering or placing anything in the Easement Area which shall obstruct or impede, damage or interfere with the Stabilization mprovements. Grantor agrees not to build or to convey to others permission to build any strucmres or improvements on, over, across, in, through, or under the above-described Easement Area, or to develop or allow the development of the Easement Area in any manner which removes, damages, impedes or obstructs the Stabilization mprovements without prior written approval from the City, or, alternatively, as part of an approved site plan, the Grantor may construct and/or install surface improvements to the property, which improvements do not interfere with use, operation, and maintenance, of the Easement Area. The City, and it agents and employees shall be permitted to enter upon the Easement Area and sufficient land adjacent to said Easement Area for the purpose of exercising the rights and privileges granted herein.