§ 36-102. Descriptions of vacated property.

The following described property is hereby vacated by the city, to wit:

(1)

Pennsylvania Avenue from Kentucky Avenue to Illinois Avenue in the Plat of Sunnyside Park, City of Cadillac, Wexford County, Michigan.

(2)

Fenner Avenue from M-55 East along the 1/8 th line of the Northwest Quarter (NW¼) of Section 7, 474 feet, and the alley located at the end of Fenner Avenue running Northeast 380 feet, more or less, to M-55, in the City of Cadillac, Wexford County, Michigan.

(3)

Portion of Lake Street lying West of the West line of Block H, Mitchell's Revised Plat of the City of Cadillac, Wexford County, Michigan. All that triangular shaped parcel of land situated in the City of Cadillac, County of Wexford, and State of Michigan, bounded and described as follows, VIZ: Beginning at a point at the Southwest corner of Block H of Mitchell's Revised Plat of the Village of Clam Lake, Cadillac, Michigan; thence West along the extension of the South line of Block H, 43.00 feet; thence North 17°34'18" West, 189.87 feet to a point on the West line of Block H; thence South 30°39'4" East along the West line of Block H, 185.49 feet to the point of beginning.

(4)

Portion of Sunnyside Drive commencing at the Southwest corner of Government Lot 5, Section 7, Township 21 North, Range 9 West; thence East along the South line of Government Lot 5, a distance of 1,432.34 feet to the North right-of-way line of Old M-55; thence North 62°21' West, 158.14 feet to the point of beginning; thence from said point of beginning South 62°21' East, 75 feet along the North right-of-way line of Old M-55; thence South 27°39' West, 13 feet; thence North 62°21' West, 75 feet; thence North 27°39' East, 13 feet to the point of beginning, City of Cadillac, Wexford County, Michigan.

(5)

That part of West Nelson Street lying West of the railroad right-of-way, except the West 100 feet thereof, City of Cadillac, Wexford County, Michigan.

(6)

A portion of a 25 foot alley, in Lakeside Plat, City of Cadillac, Wexford County, Michigan, commencing at the Northwest corner of Lot 83, Lakeside Plat; thence South along the West line of Lot 83, 88.5 feet; thence West 25 feet; thence North 88.5 feet; thence East 25 feet to the point of beginning; and a portion of Forest Lane, in Lakeside Plat, City of Cadillac, Wexford County, Michigan, commencing at the Northeast corner of Lot 83, Lakeside Plat; thence North 33 feet to the centerline of Forest Lane; thence Westerly along the centerline of Forest Lane, 88.6 feet to the East line of Lot 67; thence Southerly 33 feet; thence Easterly 88.6 feet to the point of beginning, City of Cadillac, Wexford County, Michigan.

(7)

A portion of South Shelby Street between East Chapin and East Cass Streets, in the City of Cadillac, Wexford County, Michigan. South Shelby Street between the North right-of-way line of East Chapin Street and the South right-of-way line of East Cass Street, except that part of the South 175 feet lying East of a line 33 feet of the existing curb on the East Side.

(8)

Ramona Street, City of Cadillac, Wexford County, Michigan.

(9)

A portion of the alley running from Carmel Street to the alley running from Henry Street to Evart Street, East Lawn Plat City of Cadillac, Wexford County, Michigan.

(10)

That portion of Frisbie Street between Corwin and Holman Streets in the Cadillac Industrial Park Plat, City of Cadillac, Wexford County, Michigan.

(11)

That portion of the alley running between Stimson Street and Howard Street in Block 9 of Mitchell's Revised Plat, City of Cadillac, Wexford County, Michigan.

(12)

That portion of the 20 foot alley located East of Lots 14 and 15 in South Lake Park Plat, Section 9, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan.

(13)

That portion of Mohawk Street lying West of Iroquois Street in C. A. Hofmeister's Plat of Kenwood Park, City of Cadillac, Wexford County, Michigan.

(14)

Seventh Avenue between Blocks 160 and 161 in the Improvement Board Addition to the City of Cadillac, Wexford County, Michigan.

(15)

That part of the Northwest Quarter (NW¼) of Section 33, Township 22 North, Range 9 West, Wexford County, Michigan, commencing at the Northeast corner of Block 189 of the Improvement Board Addition to the City of Cadillac; thence North 26°21'32" East, 30.61 feet along the railroad right-of-way to the point of beginning; thence North 26°21'32" East, 52.01 feet; thence North 79°46'06" West, 212.36 feet; thence North 84°22'09" West, 249.19 feet; thence South 2°24'57" West, 135.27 feet; thence South 89°53'07" East, 90.00 feet; thence North 49°48'51" East, 106.75 feet; thence South 84°25'37" East, 73.42 feet; thence South 79°49'49" East, 198.06 feet to the point of beginning, containing 0.75 acres, more or less, City of Cadillac, Wexford County, Michigan.

(16)

With no restrictions—All of the alleys located in Blocks 170 and 171 in the Improvement Board Addition, City of Cadillac, Wexford County, Michigan.

(17)

That portion of 7th Avenue between 6th and 13th Streets in the Plat of the Improvement Board's Addition to the City of Cadillac, Wexford County, Michigan.

(18)

That portion of Forest commencing at the Northeast corner of Lot 83 of the Lakeside Plat, City of Cadillac, Wexford County, Michigan as the point of beginning. Thence Northeasterly along the Westerly line of Shore Lane road extended to the South line of Lot 71; thence Westerly to the Southwest corner of Lot 69; thence South 33 feet to the centerline of Forest Lane; thence Easterly along the centerline of Forest Lane to a point directly North of the point of beginning; thence South to the point of beginning.

(19)

A parcel of land in the Harry VanderJagt Industrial Park, which is located in the Northwest Quarter (NW¼) of Section 32, Township 22 North, Range 9 West, City of Cadillac, Wexford County, Michigan, and described as all the right-of-way of Ron Wilson Street lying South of the South right-of-way line of Frank Miltner Street.

(20)

The alley running between and parallel with Chestnut and Walnut Streets and connecting Allen and Donnelly Streets, in the City of Cadillac, Wexford County, Michigan.

(21)

Commencing at a point on the South line of Sunset Lane, 99 feet West of the Northeast corner of Lot 62, of Lakeside Plat; thence North 89°45' West, 66 feet on the North line of Lot 62; thence South 0°30' West, 340 feet, more or less, to the South line of Lot 68 of Lakeside Plat; thence East 66 feet along the South line of Lot 68; thence North 0°30' East, 340 feet, more or less, to the point of beginning, City of Cadillac, Wexford County, Michigan.

(22)

All of the alleys located within Blocks 179 and 188 in the Improvement Board Addition, City of Cadillac, Wexford County, Michigan.

(23)

That parcel of the City owned right-of-way lying North of and adjacent to the North right-of-way line of Chestnut Street and West of and adjacent to the West right-of-way line of Lake Street and East of and adjacent to the East right-of-way line of the old Ann Arbor Railroad, containing approximately 0.2 acres being a part of the plat of Block 105, City of Cadillac.

(24)

The alley running North from Ayer Street to Wheeler Street, in the City of Cadillac, Wexford County, Michigan, being in block 254, Smith & Ernsts Addition.

(25)

North Garfield Street, except a 12 foot strip thereof, the centerline of which is the centerline of the gravel roadway now existing in said street, between Holbrook and May Streets, in the City of Cadillac, Wexford County, Michigan, being between Blocks 7 and 8, May & Mitchells Addition.

(26)

Seventh Street between Sixth Avenue and Fifth Avenue, bounded on the North by Block 174 of the Improvement Board Addition, and on the South by Block 169 of the Improvement Board Addition, in the City of Cadillac, Wexford County, Michigan.

a.

Is hereby amended to permit construction within the former city road which was previously vacated by Ordinance No. 92-24, subject to the absolute right of the city to enter upon, tear down or take such action as it deems necessary to preserve and maintain the city utilities as now or hereafter existing, and the extra cost incurred by the city as a result of any structures in the former city road shall be reimbursed forthwith by the affected owner. The cost of any damage to any structure located on the former road shall be borne solely by the affected owner of such structures.

b.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, including a city storm sewer, now in, under or over said road is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said road within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said road had remained a public way. Construction will be permitted over and across the vacated roadway at the sole risk of the owner of said real estate, it being understood that the city reserves an easement for the purpose of servicing, installing and/or replacing utilities which exist in the vacated roadway which is the subject of this vacation. Any construction on the property vacated must be removed if it interferes with the rights retained above in favor of the city.

(27)

The platted alley running diagonally across Lot 17 and a portion of Lot 16, Block 133, Diggins First Addition, in the City of Cadillac, Wexford County, Michigan.

(28)

The alley running parallel with and South of Pine Street, between Shelby and Simons Streets, in Block 20 of Mitchell's Revised Plat, City of Cadillac, Wexford County, Michigan.

(29)

Lots 22 and 23 in Block 54, G.A. Mitchell's Plat of the Southeast Quarter (SE¼), Section 33, Township 22 North, Range 9 West, City of Cadillac, Wexford County, Michigan, EXCEPT a 20-foot wide easement for road purposes over and across a part of Lots 22 and 23, described as being 10 feet on either side of the following described centerline: commencing at the Northwest corner of Lot 23, Block 54, of said Plat; thence North 59°58'00" East, 44.00 feet along the South right-of-way of Bremer Street to the point of beginning; thence leaving said right-of-way South 30°07'17" East, 25.33 feet; thence South 16°53'23" East, 56.30 feet; thence South 0°51'56" West, 53.10 feet; thence South 17°47'23" West, 26.27 feet to a point on the North right-of-way of the alley in said Block 54, being the point of ending.

(30)

The North/South and East/West alleys within Block 167; the East/West alley, and the South Half (S½) of the North/South alley lying Easterly of Lot 7 and Westerly of Lots 4, 5 and 6, within Block 182; the East/West alley within Block 183; the East/West alley within Block 184; and the East/West alley and the North/South alley within Block 185, all in the Improvement Board Addition, City of Cadillac, Wexford, Michigan.

(31)

The alley between Iowa and Kentucky Avenues in Block 1 of Sunnyside Park Addition, City of Cadillac, Wexford County, Michigan.

(32)

All of Jasper Street lying East of Lake Street (formerly Hector Street) and running in an East and West direction (but this vacation shall not affect the portion of Jasper Street lying between Pollard Street and a line which would extend between the North boundary line of Lots 65 and 66 and running in an Easterly and Westerly direction), and the East-West alley lying East of Lake Street (formerly Hector Street), and lying South of Lots 62 and 63 and North of Lots 55, 56, 57, 58, 59, 60 and 61, all in Pollards Subdivision of Blocks E and F, City of Cadillac, Wexford County, Michigan.

(33)

The North 50 feet of Iroquois Place in C. A. Hofmeister's Plat of Kenwood Park, in the City of Cadillac, Wexford County, Michigan.

(34)

South Shelby Street lying between the North right-of-way line of East Chapin Street and the South right-of-way line of East Cass Street, except that part of the South 156 feet lying East of a line 9.8 feet West of the existing centerline, Mitchell's Revised Plat, City of Cadillac, Wexford County, Michigan.

(35)

That portion of the alley between Crippen and North Streets East of the West lot line of Lots 5 and 17, and West to vacated Hemlock Street, Block 56, G.A. Mitchell's Plat of the Southeast Quarter (SE¼), Section 33, City of Cadillac, Wexford County, Michigan.

(36)

That portion of the alley between Wall and Lester Streets from adjacent to Lot 7 (which is the intersection of Lots 6 and 7), East to Lester Street, Block 119, Russell's Subdivision, City of Cadillac, Wexford County, Michigan.

(37)

That portion of Kenwood Road between Alexander Avenue and Newland Avenue in the Plat of Shadyside Park, City of Cadillac, Wexford County, Michigan.

Section 3 of Ord. No. 96-04, (4.151.37) adopted June 3, 1996, and recorded June 7, 1996, in Liber 75, page 710, in the office of the county register of deeds, is hereby amended to remove and replace the restriction on construction on the vacated property, said Section 3 being amended to read as follows, to wit:

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances, and facilities, including a city storm sewer, now in, under or over said road is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said road within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said road had remained a public way. No construction shall be permitted within ten feet on either side of the existing water line on the vacated property. Any owner contemplating construction over said vacated property shall be required to seek approval from the city water department prior to commencing any such construction.

(38)

A portion of the public right-of-way in the Plat of Baptist Summer Resort, beginning at the Northeast corner of Lot 29 of the Plat of Baptist Summer Resort; thence North 6,221 West, 75 feet, more or less, to the Southeasterly most point of Sea Breeze Park; thence North 2,250 East, 7 feet; thence South 6,221 East, 75 feet, more or less; thence South 2,250 West, 7 feet to the Point of Beginning, Section 7, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan.

(39)

The entire alley running East and West lying South of and adjacent to Lots 1, 2, 3, 4, 5 and 6, Block 11, Highway Park Addition to the City of Cadillac, and North of Block 333 of vacated Lakeview Addition, Wexford County, Michigan.

(40)

A parcel of land in Section 33, Township 22 North, Range 9 West, which is 66 feet wide, whose centerline is described as beginning at the East right-of-way line of Linden Street and the centerline of Haynes Street; thence East 120 feet to the point of ending, City of Cadillac, Wexford County, Michigan.

(41)

The East-West alley running South of Lots 76 and 81 and North of Lots 75 and 66 in Pollards Park Plat, City of Cadillac, Wexford County, Michigan.

(42)

That portion of Eighth Street lying East of the East right-of-way line of Fourth Avenue and West of the West platted line of Lot 1, Block 176, Improvement Board Addition, City of Cadillac, Wexford County, Michigan.

(43)

The Northerly 7 feet of Stimson Street between Shelby and Mitchell Streets in Mitchell's Revised Plat, City of Cadillac, Wexford County, Michigan.

(44)

That portion of the alley which lies Southerly of and contiguous to Lots 7, 8 and 9, and Northerly of and contiguous to Lots 10, 11 and 12, all in Block 8, of Mitchell's Revised Plat of the Village of Clam Lake, now City of Cadillac, Wexford County, Michigan.

a.

This vacation is subject to all existing easements or franchises presently exercised or in existence in said alley which benefit entities other than the city.

b.

The city abandons any easements it may have in the above described alley. This vacation is subject to any other (noncity) easements for utilities.

(45)

The alley which lies North of Lots 36 through 45 and South of Lots 46 through 55, and that portion of East Garfield lying North of Lots 16 through 20 and South of Lots 41 through 45, all in Rosedale Park Plat, City of Cadillac, Wexford County, Michigan. This vacation is subject to and contingent upon the owners of Lots 21 and 22 in Rosedale Park Plat conveying to the City of Cadillac the North 20 feet of said Lots 21 and 22, and the owners of Lots 39 and 40 in Rosedale Park Plat conveying to the City of Cadillac the South 20 feet of said Lots 39 and 40.

(46)

The entire alley situated in Block 134 of Diggins First Addition to the City of Cadillac, Wexford County, Michigan.

(47)

Parcel A: That part of the Michigan Department of Transportation Railroad (formerly Penn Central) right-of-way in Mitchell's Revised Plat of the Village of Clam Lake, now City of Cadillac, in Government Lot 3, Section 4, Township 21 North, Range 9 West, and Section 33, Township 22 North, Range 9 West, City of Cadillac, Wexford County, Michigan, described as beginning at the intersection of the North line of Pine Street and the centerline of the main track of a railroad formerly of Penndel Company (Penn Central); thence along the North line of Pine Street South 59°07'40" West (recorded as South 59°16'00" West), 50.00 feet; thence North 30°52'20" West parallel with the centerline of the main track, 200.27 feet; thence North 59°07'40" East parallel to the North line of Pine Street, 65.00 feet; thence South 30°52'20" East parallel to the main track, 200.27 feet to the North line of Pine Street; thence along the North line of Pine Street South 59°07'40" West (recorded as South 59°16'00" West), 15.00 feet to the point of beginning.

This vacation is subject to and contingent upon the owner of the real estate described in this subsection, upon which the nonplatted alley is situated granting to the city a permanent easement and right-or-way over and across the following described parcel, to wit:

Commencing at the Southeast corner of Lot 6, Block 3 of Mitchell's Revised Plat of Clam Lake (now City of Cadillac); thence Northerly along the Easterly lot line 156 feet, and continuing across the existing alley to the Southeast corner of Lot 12, Block 3, Mitchell's Revised Plat of Clam Lake (now City of Cadillac); thence Easterly perpendicular to said line 14 feet; thence Southerly parallel with said lot line to the right-of-way of Pine Street; thence Westerly to the point of beginning, City of Cadillac, Wexford County, Michigan.

(48)

Parcel A. A part of Simons Street, Chittenden and Wheeler's Addition to the City of Cadillac, Wexford County, Michigan, described as beginning at the Northeast corner of Lot 8, Block 217; thence North 60°00'00" West, 140.00 feet along the Northerly line of Lot 8; thence North 30°00'00" East, 24.00 feet; thence North 75°00'00" East, 12.73 feet; thence South 60°00'00" East, 131.00 feet to the Northwesterly line of Wheeler Street; thence South 30°00'00" West, 33.00 feet to the point of beginning. Parcel B. A part of Simons Street, Chittenden and Wheeler's Addition to the City of Cadillac, Wexford County, Michigan, described as beginning at the Southeast corner of Lot 1, Block 216; thence South 30°00'00" West, 13.00 feet along the Northwesterly line of Wheeler Street; thence North 60°00'00" West, 131.00 feet; thence North 15°00'00" West, 18.38 feet to the Southwest corner of Lot 1, thence South 60°00'00" East, 144.00 feet to the point of beginning.

a.

The city reserves an easement for any and all utilities and sidewalks deemed necessary by the city, or any public utility, on, in, over and across said vacated portions of Simons Street. This vacation is subject to all existing easements or franchises presently exercised or in existence in said street.

b.

The city reserves a permanent easement for construction of the Clam River Pathway, including fences and all other necessary construction to complete the pathway.

c.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said alley is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said alley within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said alley had remained a public way. No new construction shall be permitted on the property vacated.

d.

This article is subject to all the terms and conditions of Ord. No. 2001-11 and is contingent on the passage of Ord. No. 2001-11.

(49)

That portion of Michigan Avenue situated between Ohio Avenue and M-115, lying South of Block 5 in Sunnyside Park Plat, City of Cadillac, Wexford County, Michigan.

(50)

The West 9 feet of Lot 1, Block 74, G. A. Mitchell's Plat of the Southwest Quarter (SW¼), Section 3, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan.

(51)

The Easterly 150 feet of Elizabeth Street lying between Lots 4, 5 and the West Half (W½) of Lot 6, Block 122, and Lots 4, 5 and the West Half (W½) of Lot 6, Block 121, in Johnson's Addition to the City of Cadillac, Wexford County, Michigan.

(52)

That portion of Hobart Street lying South of Block 20 of the G. A. Mitchell Plat of the Northwest Quarter (NW¼), Section 3, Township 21 North, Range 9 West, and lying between the East line of Oak Street and the West line of Maple Street, City of Cadillac, Wexford County, Michigan.

(53)

That part of South Garfield and May Streets in the Plats of May and Mitchell's Addition and the Plat of Crawford's Subdivision of Block 7 of May and Mitchell's Addition to the City of Cadillac, described as beginning at the Southwest corner of Block 2, May and Mitchell's Addition to the City of Cadillac; thence South 89°26'53" West, 24.00 feet along the North line of East Division Street; thence North 00°33'31" West, 142.75 feet parallel to the West line of said Block 2; thence South 89°21'08" West, 56.00 feet to the Southeast corner of Lot 6, Block 1, May and Mitchell's Addition; thence North 00°33'33" West, 34.21 feet along the East line of said Lot 6 to the South line of South Garfield Street; thence North 54°22'11" West, 163.17 feet along the South line of South Garfield Street to the Northwest corner of Lot 7 Block 1, May and Mitchell's Addition; thence North 51°36'33" East, 166.01 feet to the Northwesterly corner of Lot 12, Crawford's Subdivision of Block 7; thence South 00°42'11" East, 135.80 feet along the West line of Lots 12 and 11 to the Southwesterly corner of Lot 11 of Crawford's Subdivision of Block 7; thence South 54°22'11" East, 99.40 feet along the Southwesterly line of Lots 11 and 10, Crawford's Subdivision of Block 7; thence North 89°28'03" East, 201.29 feet along the North line of South Garfield Street to the center of a vacated alley; thence South 00°55'01" West, 50.05 feet to the South line of South Garfield Street and the North line of Block 2, May and Mitchell's Addition; thence South 89°28'32" West, 200.00 feet to the Northwest corner of said Block 2, thence South 00°33'31" East 130.57 feet to the point of beginning, City of Cadillac, Wexford County, Michigan.

a.

The city reserves an easement for any and all utilities and sidewalks deemed necessary by the city, or any public utility, on, in, over and across said vacated Garfield and May Streets.

b.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said street is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said street within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said street had remained a public way. No new construction shall be permitted on the property vacated. However, construction may occur within the vacated right-of-way so long as all affected utilities are accommodated and compensated for relocation at the expense of the county, which would include all costs for relocating existing poles, wires, conduits, cables, piping, facilities, and related appurtenances.

c.

This vacation is further subject to the condition that the county shall cause to have constructed at county expense, a cul-de-sac or other traffic control device or other acceptable (to the city) traffic management facility at the West end of the nonvacated portion of South Garfield Street and at the North end of the nonvacated portion of May Street to facilitate city snowplows. The county shall improve the remaining South Garfield Street (that portion not vacated) to allow for two-way traffic. All of such plans shall be subject to the satisfaction of the city administration. Further, that the North end of the proposed overflow parking lot must be closed from access onto West Garfield Street.

d.

This vacation is conditioned upon construction of an addition to the county courthouse, and for this vacation to be effective, construction on said courthouse addition must commence on or before May 6, 2004.

(54)

The alley located between Maple Street and Oak Street in Block 20 of G. A. Mitchell's Plat of the Northwest Quarter (NW¼), Section 3, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan.

(55)

The alley located between Allen Street and Rogers Street in Block 327, and the alley located between Rogers Street and Snider Street in Block 332, all in the Lakeview Addition Plat, City of Cadillac, Wexford County, Michigan.

(56)

The alley located between Smith Street and Wheeler Street in Block 260, Smith and Ernst Addition, City of Cadillac, Wexford County, Michigan.

(57)

The Southerly 120 feet of Iowa Avenue lying between Lot 6 in Block 1 and Lot 10 in Block 2, North of Michigan Avenue, Sunnyside Park Plat, City of Cadillac, Wexford County, Michigan.

(58)

That part of an alley lying between Lots 4 and 5 on the South and Lots 6 and 7 on the North, Block 1, May and Mitchell's Addition; and that part of May Street lying between the North Half (N½) of Lot 5 and the alley in Block 1 on the West; and the North Half (N½) of Block 2; and the South 20 feet of the West end of South Garfield Street (now vacated), May and Mitchell's Addition, City of Cadillac, Wexford County, Michigan.

a.

The city reserves an easement for any and all utilities and sidewalks deemed necessary by the city, or any public utility, on, in, over and across said vacated Garfield and May Streets.

b.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said street is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said street within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said street had remained a public way. No new construction shall be permitted on the property vacated. However, construction may occur within the vacated right-of-way so long as all affected utilities are accommodated and compensated for relocation at the expense of the county, which would include all costs for relocating existing poles, wires, conduits, cables, piping, facilities, and related appurtenances.

c.

This vacation is further subject to the condition that the county shall be responsible for snow removal for the small nonvacated portion of May Street.

(59)

The alley in Block 4 of May and Mitchell's Addition to the City of Cadillac, Wexford County, Michigan.

a.

The city reserves an easement for any and all utilities and sidewalks deemed necessary by the city, or any public utility, on, in, over and across said vacated alley.

b.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said alley is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said alley within the right-of-way thereof for public utility purposes with present and additional facilities and to operate maintain, repair, replace or remove the same to the same effect and in the same manner as if said alley had remained a public way. No new construction shall be permitted on the property vacated.

(60)

That part of South Street in Government Lot 6, Section 4, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan, described as commencing at the Northeast corner of Lot 36 of Johnson's Cadillac Shores; thence South 24°41'41" East, 66.00 feet; thence North 65°26'00" East, 8.63 feet; thence 54.53 feet along the arc of a 53.82 foot radius curve to the right having a long chord of South 03°47'39" West, 52.22 feet, all being along the Easterly line of said Lot 36; thence North 32°47'41" East, 108.28 feet; thence 194.61 feet along the arc of a 343.07 foot radius curve to the right having a long chord of North 49°02'58" East, 192.01 feet; thence South 65°18'00" West along the existing Northerly right-of-way of South Street, 259.36 feet to the point of beginning, containing 0.21 acres, more or less.

a.

This vacation is conditioned upon the adjacent owners, Four Winns Boats, L.L.C. and C.O. Management Services, Inc., signing the conveyances to each other so as to convey the land vacated according to the certificate of survey prepared by Wilcox Professional Services, dated October 28, 2003.

b.

The city reserves an easement for any and all utilities and sidewalks deemed necessary by the city, or any public utility, on, in, over and across said vacated South Street, and also reserves to a sanitary sewer easement described as follows, to wit:

A 20-foot wide sanitary sewer easement over, under and across that part of Government Lot 6, Section 4, Township 21 North, Range 9 West, City of Cadillac, Wexford County, Michigan, being described as: Commencing at the Northeast corner of Lot 36 of Johnson's Cadillac Shores; thence North 65°18'00" East along the existing Northerly right-of-way line of South Street, 244.33 feet to the point of beginning of a 20-foot wide strip of land lying 10 feet each side of and adjacent to a centerline described as: thence South 69°23'39" West, 72.18 feet; thence South 30°00'53" West, 26.11 feet; thence South 49°58'45" East, 6.99 feet; thence returning North 49°58'45" West, 6.99 feet; thence South 29°01'15" West, 24.70 feet to the point of ending, containing 130 lineal feet, more or less, sidelines to be lengthened or shorted to intersect property lines.

c.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said street is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said street within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said street had remained a public way. No new construction shall be permitted on the property vacated. However, construction may occur within the vacated right-of-way so long as all affected utilities are accommodated and compensated for relocation at the expense of the county, which would include all costs for relocating existing poles, wires, conduits, cables, piping, facilities, and related appurtenances.

(61)

All of the alleys in Block 174 of the Improvement Board's Addition to the City of Cadillac, Wexford County, Michigan.

a.

The city reserves an easement for any and all utilities deemed necessary by the city, or any public utility, on, in, over and across said vacated alleys. This vacation is subject to all existing easements or franchises presently exercised or in existence in said alley.

b.

This vacation is subject to the condition that title to all electric poles, wires, conduits, cables, appurtenances and facilities, now in, under or over said alley is reserved to and shall remain in the owner thereof, together with the easement and continued right to occupy said alley within the right-of-way thereof for public utility purposes with present and additional facilities and to operate, maintain, repair, replace or remove the same to the same effect and in the same manner as if said alley had remained a public way. No new construction shall be permitted on the property vacated.

(Prior Code, § 4.151; Ord. No. 85-11, 9-9-1985; Ord. No. 85-13, 11-4-1985; Ord. No. 87-04, 3-2-1987; Ord. No. 87-05, 3-23-1987; Ord. No. 87-20, 10-19-1987; Ord. No. 88-10, 6-20-1988; Ord. No. 88-15, 8-15-1988; Ord. No. 88-17, 9-19-1988; Ord. No. 88-23, 11-7-1988; Ord. No. 88-24, 11-7-1988; Ord. No. 88-25, 12-5-1988; Ord. No. 89-02, 2-6-1989; Ord. No. 89-06, 3-20-1989; Ord. No. 89-14, 9-18-1989; Ord. No. 90-07, 4-16-1990; Ord. No. 90-12, 6-4-1990; Ord. No. 90-16, 9-10-1990; Ord. No. 90-17, 11-5-1990; Ord. No. 91-11, 10-7-1991; Ord. No. 91-12, 10-21-1991; Ord. No. 92-02, 2-3-1992; Ord. No. 92-13, 8-3-1992; Ord. No. 92-14, 9-14-1992; Ord. No. 92-17, 10-5-1992; Ord. No. 92-18, 10-5-1992; Ord. No. 92-24, 12-21-1992; Ord. No. 93-07, 5-3-1993; Ord. No. 93-22, 10-4-1993; Ord. No. 97-21, 12-15-1997; Ord. No. 93-31, 12-6-1993; Ord. No. 93-32, 12-20-1993; Ord. No. 93-24, 3-7-1994; Ord. No. 94-03, 3-21-1994; Ord. No. 94-09, 8-15-1994; Ord. No. 94-16, 12-7-1994; Ord. No. 95-30, 10-16-1995; Ord. No. 96-01, 5-6-1996; Ord. No. 96-04, 6-3-1996; Ord. No. 97-01, 3-3-1997; Ord. No. 97-14, 8-4-1997; Ord. No. 98-03, 5-4-1998; Ord. No. 98-11, 8-17-1998; Ord. No. 98-17, 10-19-1998; Ord. No. 99-09, 7-19-1999; Ord. No. 99-13, 7-19-1999; Ord. No. 99-14, 8-16-1999; Ord. No. 99-16, 11-1-1999; Ord. No. 2000-03, 2-21-2000; Ord. No. 2001-10, 9-17-2001; Ord. No. 2001-12, 10-15-2001; Ord. No. 2002-03, 2-18-2002; Ord. No. 2002-01, 2-18-2002; Ord. No. 2002-02, 2-18-2002; Ord. No. 2002-07, 4-1-2002; Ord. No. 2002-08, 5-6-2002; Ord. No. 2002-14, 6-3-2002; Ord. No. 2002-19, 8-5-2002; Ord. No. 2002-20, 8-5-2002; Ord. No. 2002-27, 1-6-2003; Ord. No. 2003-10, 5-5-2003; Ord. No. 2003-19, 9-15-2003; Ord. No. 2004-03, 4-5-2004; Ord. No. 2004-13, 7-19-2004; Ord. No. 2006-17, § 1, 11-6-2006; Ord. No. 2006-18, 11-6-2006)