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File #: RES-2024-1402    Version: 1
Type: Resolution Status: Passed
File created: 11/1/2024 In control: Board of County Commissioners
On agenda: 12/11/2024 Final action: 12/11/2024
Title: RE: Approval of a request by Genesee County's Drain Commissioner to abandon an easement on a county owned property
Attachments: 1. Easement

To: Ellen Ellenburg, Public Works Committee Chairperson

 

From: Jeffrey Wright, Drain Commissioner

 

title

RE: Approval of a request by Genesee County's Drain Commissioner to abandon an easement on a county owned property

 

recommendation

BOARD ACTION REQUESTED:
Authorization to release easement

BACKGROUND:
In 2005, CW Development LLC granted water and sewer easements to Genesee County Drain Commissioner Office Division of Water and Waste Services for the proposed development commonly referred to as Arden Glen. The land is located in section five of Mundy Township on the north side of Hill Road west of Linden Road. The Arden Glen project has been abandoned and the property has changed hands. The current owners Maple and Hill LLC have requested that the easement be terminated. GCDC-WWS has reviewed the document and has determined that the granted easements are no longer necessary to provide service to the site. As you are aware the GCDCWWS operates as the County Agency per Public Act 342 of 1939 et.al. While the Act allows the County Agency to accept easements on behalf of the County, the Act does require County Board action to terminate easements. Therefore, we are requesting the County Board to authorize the termination of the attached easements. Upon approval of the board, the County Agency will execute the termination and file the necessary paperwork with the clerk's office. Should you have any questions or need further comment do not hesitate to contact this office.

DISCUSSION:
Release of easement

IMPACT ON HUMAN RESOURCES:
N/A

IMPACT ON BUDGET:
N/A

IMPACT ON FACILITIES:
N/A

IMPACT ON TECHNOLOGY:
N/A

CONFORMITY TO COUNTY PRIORITIES:
Complies with WWS master plan

 

 

 

 

 

 

 

 

 

 

resolution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 development of a subdivision in Mundy Township, specifically located on parcels 25-15-05-200-011; 25-15-05-300-005; 25-15-05-400-012; and 25-15-05-400-016; and

WHEREAS, the subdivision was never constructed; and

WHEREAS, the new owner of the parcels would like the easements vacated; and

WHEREAS, the Division and/or the County Agency needs this Board’s permission to terminate 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 terminating the water and sewer easements on parcels 25-15-05-200-011, 25-15-05-300-005, 25-15-05-400-012, and 25-15-05-400-016, is approved (a copy of the memorandum request and supporting documents being on file with the official records of the December 4, 2024 meeting of the Public Works Committee of this Board).