Michigan Laws 560.222a – Public utility easement as part of recorded plat; relinquishment by written agreement; parties; requirements
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Terms Used In Michigan Laws 560.222a
- Land: means all land areas occupied by real property. See Michigan Laws 560.102
- Lot: means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat. See Michigan Laws 560.102
- Municipality: means a township, city, or village. See Michigan Laws 560.102
- Parcel: means a continuous area or acreage of land which can be described as provided for in this act. See Michigan Laws 560.102
- Plat: means a map or chart of a subdivision of land. See Michigan Laws 560.102
- Public utility: means all persons, firms, corporations, copartnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature. See Michigan Laws 560.102
- subdivision: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of this act by section 108 and 109. See Michigan Laws 560.102
(1) Notwithstanding section 222, a public utility easement that is part of a recorded plat may be relinquished without filing an action in circuit court if a written agreement for that purpose is entered into among all of the following parties:
(a) Each public utility or municipal entity that has the right to use the recorded easement.
(b) The owner or owners of record of each platted lot or parcel of land subject to the easement.
(c) A two-thirds majority of the owners of record of each platted lot or parcel of land within 300 feet of any part of the recorded easement.
(d) The governing board of the municipality in which the subdivision covered by the plat is located.
(2) An agreement described in subsection (1) shall meet all applicable requirements for recordation and is effective upon being recorded with the register of deeds and filed with the department of labor and economic growth. The register of deeds and the department of labor and economic growth shall cross-reference the document to the affected plat.