{01766374 2 }

RESOLUTION NO. 31-15

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, 10531 Algoma Avenue, N.E., within the

Township, on the 11th day of August, 2015, at 7:00 p.m.

PRESENT: Powell, Ellenwood, Clary, Lemoine, Pickerd.

ABSENT: 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,

{01766374 2 } 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.

{01766374 2 } 3

AYES: Five.

NAYS: None.

NOT PARTICIPATING OR VOTING: Two.

RESOLUTION DECLARED ADOPTED.

__________________________________________ Judy A. Bigney, Township Clerk

11111111111111UIIIIIlllllll1Uilllllllllllllllll 20150820-0073825 2015 ~' ,,.. ,·:· r• ,., • ,_- '' · · I'' ·,··tl!' · ··.J '•": ·

~ ' l ij l~ 1 : • \.J .. J : \ ,_ ·, l ~ ..J '.} ... J 1 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.,

Plaintiff,

v

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 49503-2642 (616) 235-3500

I

Case No. 02-09274-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 49503-1423 (616) 632-8000

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

{0 1767056 4 )

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF KENT

SABLE DEVELOPING, INC.,

Plaintiff,

v

ALGOMA TOWNSHIP, a Michigan township,

Defendant.

------------------------------~/ Todd A. Hendricks (P45782) Rhoades McKee PC Attorneys for Plaintiff 55 Campau Ave. N.W., Ste. 300 Grand Rapids, MI 49503-2642 (616) 235-3500

------------------------------~/

Case No. 02-09274-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 49503-1423 (616) 632-8000

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~ , 2015.

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

{0 1767056 4 }

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

{0 1767056 4 } 2

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, 2781 - 14 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.

{0 1767056 4 } 3

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 22.52 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 22.52 of the Defendant's zoning ordinance, all of such removal and reclamation to occur

not later than May 31, 2016.

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.

{0 1767056 4 } 4

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

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 1i " .lr' :r·nr l h;:we here to set my hand and ofiicicJ s• ': .. · ,,, ,·· ·t··-; --~' .wl ~!apids, on

{0 1767056 4 } 5

e . Brown (Pll 85) Meyers Beckett & Jones PLC

Attorneys for Defendant

lmUIII~~~mu~mltllft~UIIUiml :zeeJeal3 .... 110011 D6J1J,I2QI)l " 1S or 15 • 1M co ,, ~com

EXHIBIT A ....,.,.. 1 Hol1 !nr-•11:• T700loa0'2"MO

~~t c~nty "1 a~.~tv SEAL --------------------------------------------------------------------------------~~" ~ =-----·-~ ==-~.z.-:.::=.-~

....__

1t:f

-·

.-... . . .., .

_,.~,.. .. ----- -..~ .. .- ... ...,,_,... ._.. .. UIJ~,... .. ~._. .... ~.-.-,.......

-~·--~ .. .- ............ ~ ,..,.., _ ..,.~,..,. .,....., ____ ~