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File #: 2022-075    Version: 1 Name:
Type: Resolution Status: New Business
File created: 2/18/2022 In control: Board of Directors
On agenda: 2/23/2022 Final action: 2/23/2022
Title: Good Faith Offer to the Woodmere Cemetery Owner Re: Triple Barrel Baby Creek Enclosure Sewer
Sponsors: Randal Brown
Indexes: General Counsel

Title
Good Faith Offer to the Woodmere Cemetery Owner Re: Triple Barrel Baby Creek Enclosure Sewer

Body
Agenda of: February 23, 2022
Item No.: 2022-075
Amount: $380,300.00

TO: The Honorable
Board of Directors
Great Lakes Water Authority

FROM: Suzanne R. Coffey, P.E.
Interim Chief Executive Officer
Great Lakes Water Authority

DATE: February 18, 2022

RE: Good Faith Offer to the Owner of Woodmere Cemetery Re: Triple Barrel Baby Creek Enclosure Sewer

MOTION

Upon recommendation of Randal Brown, General Counsel, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA), authorizes GLWA to make a good faith offer to Midwest Memorial Group, LLC, owners of the Woodmere Cemetery; and authorizes the Interim Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote.

BACKGROUND

GLWA is a public body incorporated as a regional water and sewer authority pursuant to the provisions of Michigan 1955 PA 233, as amended. MCL 124.28l, et seq. Pursuant to its incorporating statute and Article 4 of its Articles of Incorporation; "The Authority may acquire property by purchase, construction, lease, grant, gift, devise, or condemnation..." (emphasis added) If a condemnation action is filed, property owners receive fair value for their property interest condemned to serve the public need.

In order to maintain the Triple Barrel Baby Creek Enclosure Sewer, it is necessary to construct additional structures to provide access to the sewer. GLWA staff, with the support of consultants, have determined that GLWA needs to acquire easements to construct the additional structures to provide access to the sewer.

GLWA appraised the easement it needs for the Triple Barrel Baby Creek Enclosure Sewer and will negotiate in good faith with Midwest Memorial Group, LLC to acquire the easement. For the easement, the good faith offer is $380,300.00.

JUSTIFICATION

The use of condemnation is necessary to co...

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