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
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
By: Ulrich W. Stoll
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
700 City Center Building
Ann Arbor, MI 48104
When Recorded Return To:
City of Ann Arbor
100 N. Fifth Ave.
Ann Arbor, MI