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File #: RES-2025-2628    Version: 1
Type: Resolution Status: Passed
File created: 10/28/2025 In control: Board of County Commissioners
On agenda: 12/10/2025 Final action: 12/10/2025
Title: RE: Approval of an Easement Abandonment

To: Brian K. Flewelling, Public Works Committee Chairperson

 

From: Jeff Wright, Drain Commissioner, Genesee County Water & Waste Services

 

title

RE: Approval of an Easement Abandonment

 

recommendation

BOARD ACTION REQUESTED:
Authorization to Execute Partial Termination of Easements

BACKGROUND:
All public sewer and watermains installed in Genesee County require a recorded easement prior to placing the public utility in service.

I am writing to formally request authorization, from Genesee County, on behalf of the Genesee County Drain Commissioner - Division of Water and Waste Services (GCDC-WWS), to execute a partial termination of easement for certain properties. The purpose of this request is to eliminate easements that are no longer required for public water and/or sewer use. A request of formal delegation of authority from Genesee County to GCDC-WWS would grant the authority to manage, execute, and record the necessary legal documents to terminate the easements described below. This delegation of authority would remain in effect until the easements have been legally terminated and the actions have been recorded with the County Register of Deeds Office.

Easement Details

1. Parcel ID No. 05-18-200-018

                     Property affected: 1262 Lapeer Road, Davison Township, MI  48503. Shops at Irish Phase IV.

                     Partial easement termination description: PART OF THE NORTHEAST 1/4 OF  SECTION 18, TOWN 7 NORTH, RANGE 8 EAST, DAVISON TOWNSHIP, GENESEE COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 18; THENCE SOUTH 88 DEGREES 29 MINUTES 05 SECONDS WEST 75.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF IRISH ROAD (VARIABLE WIDTH); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF IRISH ROAD THE FOLLOWING THREE (3) COURSES: 1) NORTH 01 DEGREES 43 MINUTES 50 SECONDS WEST 280.00 FEET; 2) SOUTH 88 DEGREES 16 MINUTES 10 SECONDS WEST 25.00 FEET, AND 3) NORTH 01 DEGREES 43 MINUTES 50 SECONDS WEST 188.57 FEET; THENCE SOUTH 88 DEGREES 12 MINUTES 55 SECONDS WEST 235.09 FEET; THENCE NORTH 01 DEGREES 47 MINUTES 05 SECONDS WEST 233.18 FEET; THENCE SOUTH 88 DEGREES 12 MINUTES 55 SECONDS WEST 53.71 FEET TO THE POINT OF BEGINNING; THENCE  SOUTH  46  DEGREES  28  MINUTES  49  SECONDS  EAST  21.10  FEET;

THENCE SOUTH 88 DEGREES 12 MINUTES 55 SECONDS WEST 155.15 FEET; THENCE NORTH 01 DEGREES 47 MINUTES 05 SECONDS WEST 15.00 FEET; THENCE NORTH 88 DEGREES 12 MINUTES 55 SECONDS EAST 140.30 FEET TO THE POINT OF BEGINNING, CONTAINING 2,216 SQUARE FEET OF LAND, MORE OR LESS.

                     Reasoning for Partial Abandonment: A portion of existing watermain was a dead-end hydrant lead for Shops at Irish Buildings, near intersection of Irish and Lapeer Rd, to be extended and connected to in the future.  The easement document was recorded prior to plans for a new building for the site. A new easement with the new route has been recorded.

2. Parcel ID No. 59-11-400-026

                     Property affected: 1145 N. Belsay Road, Burton, MI  48509. Family Farm & Home/Old Kmart.

                     Partial easement termination description: A 10.00 feet wide easement located in the Southeast 1/4 of Section 11, Town 7 North, Range 7 East, City of Burton, Genesee County, Michigan, whose centerline is described as: Commencing at the East 1/4 corner of Section 11; thence South 01°06'13" East 727.11 feet, along the East line of Section 11; thence South 88°53'47" West 500.71 feet; thence North 01°06'13" West 15.00 feet; thence North 46°06'13" West 75.31 feet, to the Point of Beginning; thence North 46°06'13" West 37.01 feet; thence South 88°53'47" West 163.00 feet; thence South 43°53'47" West 28.93 feet, to the Point of Ending. The sidelines of easement are intended to terminate and/or extend to the outside walls of existing retail building.

                     Reasoning for Partial Abandonment: The watermain has been relocated. The new easement has been issued. Therefore, the watermain in the original easement has been abandoned.  

3. Parcel ID No. 015-02-200-050

                     Property affected: 2249 Maple Avenue, Flint, MI  48507. Early Childhood Programs and Services (G.I.S.D).

                     Partial easement termination description: A STRIP OF LAND THAT IS 20.00 FEET IN WIDTH, LOCATED IN THE NORTHEAST 1/4 OF SECTION 2, TOWN 6N, RANGE 6E, MUNDY TOWNSHIP, GENESEE COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS: COMMENCING THE NORTH 1/4 CORNER OF SAID SECTION 2; THENCE S01°59'57"E ALONG THE NORTH-SOUTH 1/4 LINE OF SAID SECTION, 1018.41 FEET; THENCE N81°56'51"E, 243.09 FEET; THENCE S83°52'09"E, 71.12 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PILGRIM ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING S83°52'09"E, 40.80 FEET; THENCE S06°07'51"W, 20.00 FEET; THENCE N83°52'09"W, 34.84 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF PILGRIM ROAD; THENCE 20.92 FEET ALONG SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 87.18 FEET, CENTRAL ANGLE OF 13°44'59", AND CHORD BEARING AND DISTANCE OF N10°27'34"W, 20.87 FEET TO THE POINT OF BEGINNING. CONTAINING 0.017 ACRES (±748 SQUARE FEET), MORE OR LESS.

Reasoning for Partial Abandonment: GISD was in the process of designing and constructing a new canopy over the entrance to the Early Childhood building. The

                     sewer in the influence of the canopy is now considered a private lead which does not require an easement.

If you have any questions or concerns, please do not hesitate to contact me at your earliest convenience at (810) 732-7870, ext. 4130, or by email mraysin@gcdcwws.com <mailto:mraysin@gcdcwws.com>.

DISCUSSION:
Prior recorded easement requires modification of a portion of the easement which requires a partial termination of said recorded easement.

IMPACT ON HUMAN RESOURCES:
None

IMPACT ON BUDGET:
None

IMPACT ON FACILITIES:
None

IMPACT ON TECHNOLOGY:
None

CONFORMITY TO COUNTY PRIORITIES:
Conforms with GCDC-WWS Policies and Procedures

 

 

 

 

 

 

 

 

 

 

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TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN

LADIES AND GENTLEMEN:

WHEREAS, this Board of County Commissioners of Genesee County, Michigan (“Board”), authorized the establishment of a system or systems of water, sewer, or sewage disposal improvements and services in accordance with Public Act 341 of 1939; and

WHEREAS, after authorizing the establishment of this public improvement, this Board designated the Genesee County Drain Commissioner (“Drain Commissioner”) to act as the County Agency for said public improvement; and

WHEREAS, the Drain Commissioner created the Division of Water and Waste (“Division”) to meet the needs of the County Agency; and

WHEREAS, the Division was granted water and sewer easements for the installation of public sewer and watermains on parcels 05-18-200-018; 59-11-400-026; and 015-02-200-050; and

WHEREAS, the Division and/or the County Agency wishes to partially terminate and/or abandon said easements for various reasons as outlined in the memorandum request; and

WHEREAS, the Division and/or the County Agency needs this Board’s permission to terminate and/or abandon said easements. 

NOW, THEREFORE, BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Drain Commissioner, as the County Agency, to authorize partially terminating and/or abandoning the water and sewer easements on parcels 05-18-200-018; 59-11-400-026; and 015-02-200-050, is approved (a copy of the memorandum request being on file with the official records of the December 3, 2025 meeting of the Public Works Committee of this Board). 

BE IT FURTHER RESOLVED, that this Board authorizes, and delegates the authority to, the Drain Commissioner to manage, execute, and record the necessary legal documents to partially terminate and/or abandon said easements as described above.