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A service of

Conservation Easement Text

GRANT OF CONSERVATION EASEMENT

 

Easement made and executed on April 23, 1984,

by and between ZION LUTHERAN CHURCH RETIREMENT CENTER, INC., a

Michigan corporation, of 1170 Earhart Road, Ann Arbor, Michigan

48105 ('owner' and 'Grantor') and the CITY OF ANN ARBOR, a Michigan

municipal corporation, of 100 N. Fifth Avenue, Ann Arbor, Michigan

48104 (the 'City') and EARHART VILLAGE HOMES ASSOCIATION, a

Michigan non-profit corporation, of 835 Greenhills, Ann Arbor,

Michigan 48105 (the 'village').

 

WHEREAS, the Owner owns land in the County of Washtenaw, State

of Michigan, which is described as:

 

Commencing at the Southwest corner of Section 24, T2S,

R6E, City of Ann Arbor, Washtenaw County, Michigan,

thence S 86 50' 45' E 75.13 feet along the South line

of said Section 24 to the east right of way line of

Earhart Road for the POINT OF BEGINNING, thence N 0

13' 00' W 160.28 feet along the east property line of

Earhart Road; thence S 86 50' 45' E 310.00 feet;

thence S 68 11' 48' E 187.63 feet; thence S 86 50'

45' E 730.00 feet to the Southwesterly R.O.W. line of

Highway US-23; thence Southeasterly 106.84 feet in the

Southwesterly R.O.W. line of Highway US-23 along the

arc of a circular curve concave to the Southwest,

radius 3,662.72 feet, chord bearings S 17 27' 14' E

106.84 feet to the South line of said Section 24;

thence N 86 50' 45' W 1,245.96 feet along the South

line of Section 24 to the POINT OF BEGINNING. Being

a part of the SW 1/4 of Section 24, T2S, R6E, containing

3.37 acres of land, more or less.

 

AND WHEREAS, pursuant to the Conservation and Historic Preservation

Easement Act, being public Act No. 197, of the Public Acts of 1980,

the Owner and the City and the Village desire to limit the use of the

land described above (the 'Property') to open space uses and uses compatible

thereto in order to protect the natural environmental systems and

to preserve the present character of the land as open space land and

as a natural scenic resource;

 

NOW, THEREFORE, the Grantor of this Easement, for and in

consideration of the benefits accruing to it, agrees as follows:

 

1. No structures or improvements shall be built on the

Property without approval by the City and the approval of the Village

 

2. No activity shall be permitted upon the property which

shall threaten the protection of the natural environmental system

thereof or which shall interfere with or prevent scenic enjoyment

of the Property.

 

3. Any interest in the subject property shall be sold or

granted only for a scenic, access or utility easement which does

not substantially hinder the character of the open space land;

provided, however, that this Easement shall not restrict conveyance

of ownership of the Property;

 

4. If the Property is sold or conveyed to another party who

has not executed this Easement, the Seller must obtain a signed

statement from the Purchaser which declares that the Purchaser

will honor all conditions and restrictions contained in this Easement.

 

5. The rights and obligations of the parties hereto shall

be subject to the provisions of the Planned Project Site Plan and

resolution of approval by the City of Ann Arbor for the development,

improvement and maintenance of the entire parcel of which this

property is a part.

 

6. If the Owner, or any successor in ownership of all or part

of the Property, shall fail to maintain the Property pursuant to

the Planned Project Site Plan and resolution of approval by the City

of Ann Arbor, the City of Ann Arbor may perform the maintenance work

and special assess the reasonable cost thereof to the Property or any

portion thereof.

 

7. This Easement shall have effect from the date of execution

henceforth in perpetuity.

 

8. The Owner agrees that it shall neither consent to nor

request any relinquishment of this Easement under any applicable law.

 

9. This Easement shall run with the title to the land and

shall be binding upon and inure to the benefit of the heirs, executors, administrators,

successors, trustees and assigns of the parties hereto.

 

IN WITNESS WHEREOF, THE Grantor has executed this Grant of

Conservation Easement as of the date above written.

 

SIGNED, SEALED AND DELIVERED

IN PRESENCE OF:

Judith Y. Somers

John R. Hathaway

 

ZION LUTHERAN CHURCH RETIREMENT

CENTER, INC., a Michigan Corporation

By: Gertrude Huebner

Its: President

By: Ulrich W. Stoll

Its: Secretary

 

STATE OF MICHIGAN

 

COUNTY OF WASHTENAW

 

The foregoing instrument was acknowledged before me this 23rd

day of April, 1984, by Gertrude Huebner and

Ulrich W. Stoll , who are respectively the

President and Secretary of ZION LUTHERAN RETIREMENT CENTER, INC., a Michigan corporation, on behalf of said corporation.

 

Judith Y. Somers, Notary Public

Washtenaw County, Michigan

My Commission expires:  2/11/87

 

This Document Prepared By

 

Karl Frankena

700 City Center Building

Ann Arbor, MI 48104

 

When Recorded Return To:

City of Ann Arbor

100 N. Fifth Ave.

Ann Arbor, MI

 
 
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