RESOLUTION NO TOWNSHIP OF ALGOMA COUNTY OF KENT, MICHIGAN. Minutes of a regular meeting of the Township Board of the Township of Algoma, Kent

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1 RESOLUTION NO TOWNSHIP OF ALGOMA COUNTY OF KENT, MICHIGAN Minutes of a regular meeting of the Township Board of the Township of Algoma, Kent County, Michigan, held in the Algoma Township Hall, Algoma Avenue, N.E., within the Township, on the 11th day of August, 2015, at 7:00 p.m. PRESENT: ABSENT: Powell, Ellenwood, Clary, Lemoine, Pickerd. None. NOT PARTICIPATING: W. Bigney, J. Bigney. The following preamble and resolution were offered by Member Ellenwood and supported by Member Lemoine: RESOLUTION TO APPROVE AMENDMENT IN CONSENT JUDGMENT IN SABLE DEVELOPING, INC. v ALGOMA TOWNSHIP, IN KENT COUNTY CIRCUIT COURT (Ridge Water Estates Planned Unit Development West Ridge Court) WHEREAS, on June 12, 2003, the Kent County Circuit Court entered a Consent Judgment in the case of Sable Developing, Inc. v Algoma Township, whereby the development, construction and use of Ridge Water Estates, a planned unit development (PUD), was approved, in accordance with the terms and conditions of the Consent Judgment; WHEREAS, Sable Developing, Inc. has applied for Township approval of a private street, West Ridge Court, which is proposed to be located in part in lands comprising Ridge Water Estates PUD, though not approved in the Consent Judgment; WHEREAS, the purpose of the private street is to enable access to and development of three parcels of land located immediately to the west of the PUD; WHEREAS, on July 21, 2015, the Township Planning Commission approved the design, layout and construction of West Ridge Court under the terms of the Township zoning ordinance, { }

2 but conditioned upon an amendment in the above-described Consent Judgment, whereby the location of a portion of the private street within the PUD would be authorized; WHEREAS, among other conditions, the private street is subject to Township land division approval of the three parcels of land to be served by the private street; and WHEREAS, the Planning Commission, in its resolution of approval of the private street, has recommended that the Township Board approve the described amendment in the Consent Judgment, with respect to the private street. IT IS, THEREFORE, RESOLVED AS FOLLOWS: 1. The Township Board approves the attached Amendment of Consent Judgment, whereby Kent County Circuit Court would approve the location of the right-of-way of a portion of West Ridge Court, a private street, across lands located between Units 40 and 41 of the PUD, between Hardwood Ridge, a private street, and the west boundary line of the PUD. 2. The Township supervisor is authorized to approve any minor, necessary changes in the text of the Amendment, not substantially altering its substance, if recommended by the Township attorney, prior to submission of the Amendment to the Circuit Court. 3. The Township attorney is authorized to sign the Amendment of Consent Judgment in the space provided, evidencing Township approval thereof, subject to like signature by counsel for Sable Developing, Inc. 4. The Township attorney is requested to arrange for the entry of the Amendment of Consent Judgment by Kent County Circuit Court. 5. Upon the entry of the Amendment of Consent Judgment by the Circuit Court, the Township attorney shall record a certified copy thereof with the Kent County Register of Deeds at the expense of Sable Developing, Inc.; after the recorded instrument is returned by the Register of Deeds, a recorded copy thereof shall be forwarded to Sable Developing, Inc. { } 2

3 AYES: NAYS: Five. None. NOT PARTICIPATING OR VOTING: Two. RESOLUTION DECLARED ADOPTED. Judy A. Bigney, Township Clerk { } 3

4 UIIIIIlllllll1Uilllllllllllllllll ,,.., : ~' r,.,,_-'' I'', tl!'.j ' ": ~ 'l ij l~ 1 : \.J.. J : \,_, l ~..J '.}... J 1 I, ~ I r : : Mary Holl! nra ~ e P. 1/ij. 4 : 071\'~ Kent 'Cn t y Ml Rsst,.08/ 20120i6 SEAL 2015 P,UG 20 Pi i L:: 04 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF KENT SABLE DEVELOPING, INC., v Plaintiff, ALGOMA TOWNSHIP, a Michigan township, Defendant ~/ Todd A. Hendricks (P45782) Rhoades McKee PC 3 Attorneys for Plaintiff 55 Campau Ave. N.W., Ste. 300 Grand Rapids, MI (616) I Case No CZ Hon. Paul J. Sullivan AMENDMENT OF CONSENT JUDGMENT James R. Brown (P11285) Mika Meyers Beckett & Jones PLC Attorneys for Defendant 900 Monroe Ave., N.W. Grand Rapids, MI (616) At a session of said Court held in the Kent County f?~house in the r:ity of Grand Rapids, Michigan this~ day of H_v~,2015. PRESENT: HON. PAUL J. SULLIVAN Circuit Court Judge Based upon the Stipulation of the parties, as evidenced by the signatures of their respective counsel below, and the Court being fully advised in this matter, IT IS ORDERED AND ADJUDGED as follows: 1. Amendment of Consent Judgment. In accordance with the terms and conditions hereof, this is an Amendment of the Consent Judgment (the "Consent Judgment") entered by the Court on June 12, 2003 in this case. 2. Ridge Water Estates Planned Unit Development. The Consent Judgment approved and established Ridge Water Estates Planned Unit Development (PUD), a residential { )

5 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF KENT SABLE DEVELOPING, INC., v Plaintiff, ALGOMA TOWNSHIP, a Michigan township, Case No CZ Hon. Paul J. Sullivan AMENDMENT OF CONSENT JUDGMENT Defendant ~/ Todd A. Hendricks (P45782) Rhoades McKee PC Attorneys for Plaintiff 55 Campau Ave. N.W., Ste. 300 Grand Rapids, MI (616) ~/ James R. Brown (P11285) Mika Meyers Beckett & Jones PLC Attorneys for Defendant 900 Monroe Ave., N.W. Grand Rapids, MI (616) At a session of said Court held in the Kent County Cour)'house in th~ City of Grand Rapids, Michigan this r;:) Q#-day of _J4:v~, PRESENT: HON. PAULJ. SULLIVAN Circuit Court Judge Based upon the Stipulation of the parties, as evidenced by the signatures of their respective counsel below, and the Court being fully advised in this matter, IT IS ORDERED AND ADJUDGED as follows: 1. Amendment of Consent Judgment. In accordance with the terms and conditions hereof, this is an Amendment of the Consent Judgment (the "Consent Judgment") entered by the Court on June 12, 2003 in this case. 2. Ridge Water Estates Planned Unit Development. The Consent Judgment approved and established Ridge Water Estates Planned Unit Development (PUD), a residential { }

6 land development located in Section 10 of Algoma Township, Kent County, Michigan. A drawing of the approved PUD is attached to the Consent Judgment and is also attached to this Amendment, as Exhibit A. 3. West Ridge Court. This Amendment amends the Consent Judgment in the following respects: a. The Plaintiff may design, lay out, construct, maintain, repair and replace a private street, West Ridge Court, in accordance with Algoma Township private street requirements, within a right-of-way at least 66 feet wide, to be located in the open-space afea between Unit 40 and Unit 41 of that part of the PUD consisting of Ridge Water Estates II, a condominium ("Ridge Water Estates II"), as shown on attached Exhibit A, which depicts the entire PUD. The right-of-way and the private street may extend from the west line of Hardwood Ridge, a private street within the PUD, on the east, to the west line of the PUD, at which point it may continue westerly on adjacent lands owned by the Plaintiff, terminating in a cul-de-sac constructed in accordance with Algoma Township private street requirements. b. The private street, West Ridge Court, shall be for the sole purpose of providing access to, and therefore enabling the single-family residential development of, only three parcels of land, located between the west line of the PUD and Little Cedar Creek, located to the west thereo The creation of such land parcels to be served by the private street shall, however, be subject to the approval of the Algoma Township land division administrator, in compliance with applicable provisions of the Michigan Land Division Act and the Algoma Township Land Division Ordinance. c. The Plaintiff shall comply with all applicable Algoma Township requirements with respect to the described private street, including the preparation and recording of (1) an easement for that part of the private street located outside the PUD; (2) a private street { } 2

7 maintenance agreement covering the entire length of the private street; and (3) a master deed amendment or comparable instrument for Ridge Water Estates II, whereby the West Ridge Court private street easement or right-of-way within the PUD would be established and whereby the owners of the three land parcels to be served by the private street, and their guests, invitees, visitors and all other persons in interest, shall have free and unimpeded motor vehicle and pedestrian access from and through Ridge Water Estates II, and thence into and from the three parcels to be served by the private street. Such amendment or comparable instrument shall include provisions whereby that part of the private street located within the PUD shall be maintained, repaired and replaced by the owners of the parcels to be served by the private street, under the terms of the above-stated private street maintenance agreement. Such instruments shall be subject to the approval of the Algoma Township Attorney, consistent with this Amendment and applicable Algoma Township ordinance requirements, prior to recording with the Register of Deeds. d. In all respects, the private street shall comply with the Resolution of the Algoma Township Planning Commission, adopted on July 21, 2015, whereby the private street was approved, subject to terms and conditions stated therein. 4. Compliance with Existing Special Land Use for Removal of Mineral Material. The Consent Judgment is also amended as stated in this paragraph 4. a. The Defendant's Planning Commission granted to Plaintiff a special land use for the removal of sand, gravel, soil and other mineral resources from lands included within the PUD, under the terms of the resolution adopted July 11, 2000 (Clouse Pit, Mile Road, Site Plan No. 9710). The land description stated on Exhibit A of the special land use resolution (the "special land use") and the description ofthe PUD, shall comprise the lands which are the subject of this paragraph 4, irrespective of any disparities between the PUD description and the special land use description. { } 3

8 b. The special land use has expired and there IS no currently effective extension of it. c. The Plaintiffhas agreed, and it is a condition of this Consent Judgment, that the Plaintiff shall fully complete all requirements of the special land use not later than May 31, 2016, including but not limited to the full and complete reclamation of all of the lands subject to the special land use, in accordance with the special land use resolution and applicable Township ordinance requirements. Such reclamation shall include the removal of the current excavated earthen material located within the PUD at the approximate location of Hardwood Drive and the proposed West Ridge Court, and the full restoration of such excavated area, in accordance with the reclamation provisions of the special land use and the reclamation provisions for the special land use for removal of mineral resources, as stated in Section of the Defendant's zoning ordinance. d. Such reclamation and removal of excavated earthen material shall also include the reclamation and removal of any sand, gravel, soil or other earthen material excavated or accumulated for the laying out, construction and completion of West Ridge Court, in accordance with the reclamation provisions of the special land use and the reclamation provisions stated in Section of the Defendant's zoning ordinance, all of such removal and reclamation to occur not later than May 31, e. In any case, and irrespective of any contrary or inconsistent provision of the special land use resolution, it is a condition of this Consent Judgment that all such reclamation as described in this Amendment shall occur and be fully completed in accordance with the terms hereof not later than May 31, 2016, including the reclamation and removal of any earthen materials excavated for or associated with West Ridge Court. { } 4

9 5. This Amendment amends the Consent Judgment only in the respects specifically stated herein. All other terms and provisions of the Consent Judgment remain in full force and effect. :FAULJ. SULLIVAN PAULJ. SULLIVAN Circuit Court Judge APPROVED AS TO FORM AND CONTENT: Rhoades McKee PC Attorneys for Plaintiff e. Brown (Pll 85) Meyers Beckett & Jones PLC Attorneys for Defendant State of Michigan County of Kent I, Mary Hol!inrake Clerk of the Circuit Court of Kent County do hcrebv l;y lh;r this is a true copy of the ori 1 ~oji df1 :ur.1ent of record now on file in ~ 1~ r 1 ICC fttle Clerk of said CuuntJ and Court. If\! TES1 :t WY 1 i ".lr' :r nr l h;:we here to set my hand and ofiicicj s ':..,,,, t -; --~'.wl ~!apids, on { } 5

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