For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Charlevoix.
IMPACT AREA. The property located within the city and described as follows:
(1) In the City and Township of Charlevoix, Charlevoix County, Michigan:
(a) Commencing at the north quarter corner of Section 35, Town 34 North, Range 8 West; thence south on north and south quarter line of said section 1,138.50 feet; thence south 89º39’00” east 303.00 feet, more or less, to the westerly line of the former C&O Railroad right-of-way, being the point of beginning of this description; thence continuing south 89º39’00” east 350 feet, more or less, to the shore of Lake Charlevoix; thence southerly along said shore to the thread of Stover Creek; thence westerly along the thread of Stover Creek to the easterly line of former Highway M-66; thence northerly along said highway 469.20 feet, more or less, to the centerline of Stover Road; thence west along said centerline of Stover Road to a point which is 1,162.26 feet east of the centerline of May Street; thence north 330.00 feet; thence east 62.44 feet; thence north 165.00 feet; thence east 260.75 feet to the northwesterly line of the former C&O Railroad right-of-way; thence northeasterly along said railroad right-of-way to the point of beginning; being a part of Government Lot 1, Section 35, Town 34 North, Range 8 West. The above described property extends to the water’s edge of Lake Charlevoix. (This area is called “Impact Area A” on the map.);
(b) Part of Sections 26, 34 and 35, T34N, R8W, City of Charlevoix, Charlevoix County, Michigan, more fully described as: beginning at the northeast corner of Section 34, said corner being at the intersection of State Street and Carpenter Avenue; thence west along the centerline of Carpenter Avenue to the intersection of Grant Street; thence south 1,906 feet; thence east to the centerline of US-31; thence northeasterly along the centerline of US-31 to a point that is 1,419 feet south of the north line of Section 35; thence east, parallel with the north line of Section 35 to the centerline of May Street; thence north along the centerline of May Street to the intersection of Eaton Avenue; thence east along the centerline of Eaton Avenue to the intersection of Ferry Avenue; thence northerly along the centerline of Ferry Avenue and its extension to the south shore of channel between Lake Charlevoix and Round Lake; thence westerly along said south shore to the intersection of Antrim Street extended; thence west along the centerline of Antrim Street to the intersection of Bridge Street; thence south along the centerline of Bridge Street to the intersection of Wood Avenue; thence west along the centerline of Wood Avenue to the intersection of State Street; thence south along the centerline of State Street to the intersection of Carpenter Avenue and the point of beginning. (This area is called “Impact Area B” on the map.); and
(c) A part of the west half of Section 26, and a part of the east half of Section 27, all in T.34N.R.8W., City of Charlevoix, Charlevoix County, Michigan, described as follows: commencing at the south section corner common to said Sections 26 and 27, also being the intersection of the centerline of State Street with the centerline of West Carpenter Avenue; thence north along the section line common to said Sections 26 and 27, which is also the centerline of State Street, 672.9 feet to the centerline of Wood Avenue and the point of beginning of this description; thence west 898.5 feet to the intersection of the centerline of Grant Street with centerline of Crain Street; thence continuing west along the centerline of Crain Street 288.1 feet to centerline of Beacon Street; thence north parallel with Grant Street 614.5 feet to the centerline of West Garfield Avenue; thence west along the centerline of West Garfield Avenue 474.9 feet to the centerline of Sherman Street; thence north along the centerline of Sherman Street 1,930.1 feet to the centerline of Park Avenue; thence N.34°W. to the shore of Lake Michigan; thence northeasterly along the shore of Lake Michigan extended to the south bulkhead of the Pine River channel; thence southeasterly along the south bulkhead of the Pine River channel to Round Lakes’ westerly bulkhead; thence southerly along said bulkhead to the southerly bulkhead of Round Lake; thence easterly along the southerly bulkhead and/or shore of Round Lake to the north extension of the centerline of May Street; thence south along said north extension of the centerline of May Street to the intersection of the centerline of May Street with the centerline of Belvedere Avenue; thence continuing south along the centerline of May Street 1,165.5 feet to the centerline of East Garfield Avenue; thence west along the centerline of East Garfield Avenue 837.3 feet to the centerline of Bridge Street; thence south along the centerline of Bridge Street 643.5 feet to the centerline of Wood Avenue; thence west along the centerline of Wood Avenue 487.1 feet to the centerline of State Street and the point of beginning. (This area is called “Impact Area C” on the map.)
(2) These are subject to the rights of the public and of any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes.
MDEQ. The Michigan Department of Environmental Quality, or its successor agency.
WATER WELL. An opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(Prior Code, § 2.71) (Ord. 673, passed 5-20-2002; Ord. 732, passed 7-21-2008)