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HomeMy WebLinkAboutResolutions - 2010.06.09 - 10157MISCELLANEOUS RESOLUTION #10135 June 9, 2010 BY: PLANNING AND BUILDING COMMI FEE, JOHN SCOTT, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION AFFIDAVIT OF PERMISSION FOR MAINTENANCE OF PROPERTY — SPRINGFIELD OAKS GOLF COURSE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentiemen: WHEREAS. the Oakland County Parks and Recreation Commission currently owns and maintains the property known as the Springfield Oaks Golf Course in Springfield Township, Oakland County, Michigan; and WHEREAS, a portion of the property is not fenced on the existing park boundary due to an existing small body of water (Pond) that is located along the western edge of Hole #2; and WHEREAS. this pond and the surrounding perimeter of the pond is located on Park property and private property owned by Mr. and Mrs. Frank Quinlan: and WHEREAS. at this time, the Quinlans maintain the property around the entire perimeter of the pond. which includes the maintenance of Park property; and WHEREAS. OCPRC has not requested that the Quinlans maintain the Park property nor does the County pay the Quinians for the maintenance of the Park property; and WHEREAS, OCPRC does not wish to waive their right or interest of ownership of this Park property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves the Affidavit of Permission as drafted by Oakland County Corporation Counsel. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute said Affidavit on behalf of the County of Oakland. Chairperson; on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING ANC)Ba)ILDING COMMITTEE z PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. PRI D-005 RESOLUTION AFFIDAVIT OF PERMISSION WHEREAS, the Oakland County Parks and Recreation Commission currently owns and maintains The property Known as the Springfield Oaks Golf Course in Springfield Townsnip, Oakland County, Michigan; and WHEREAS, a portion of the property is not fenced on the existing park boundary due to an existing small body of water (Pond) that is located along the western edge of Hole #2; and WHEREAS, this pond and the surrounding perimeter of the pond is located on Park property and private property owned by Mr. and Mrs. Frank Quinlan; and WHEREAS, at this time, the Quinlans maintain the property around the entire perimeter of the pond which includes the maintenance of Park property; and WHEREAS, OCPRC has not requested that the Quinlans maintain the Park property nor does the County pay the Quinlans for the maintenance of the Park property; and WHEREAS, OCPRC does not wish to waive their right or interest of ownership of this Park property. NOW THEREFORE BE IT RESOLVED tnat the Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and approve The Affidavit of Permission as drafted by Oakland County Corporation Counsel; anc BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said Affidavit on behalf of the County of Oakland. Moved by John Scott Supported by Gerald Fisher Date: April 14, 2010 AFFIDAVIT OF PERMISSION STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND ) I. Bill Bullard Jr., Chairperson, Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341, being duly sworn states the following: 1. That this Affidavit of Permission is based on personal knowledge. 2. That the County of Oakland ("County") is the owner of a parcel of land commonly known as Springfield Oaks County Park Golf Course, 12450 Andersonville Road, Davisburg, MI 48350, Parcel ID 07-17-400-006, legally described in Exhibit A. 3. That there is a pond located partially on Springfield Oaks County Park Golf Course and partially located on adjoining property owned by Franklin and Anna Marie Quinlan ("Quinlans"), .A photograph depicting the pond and location is set forth in Exhibit 4. The parcel of property owned by the Quinlans is commonly known as 12452 Andersonville Road, Davisburg, Michigan 48350, Parcel IT) 07-17-328-020, legally described in Exhibit C. 5. At this time, the County permits the Quinlans to enter onto County property and maintain the property around the entire perimeter of the pond which includes maintenance of County property. Page 1 of 3 6. The County has not requested that the Quinlans maintain the property nor does the County pay the Quinlans for the maintenance of the property. 7. The County in no way waives any interest it has to the property on which the pond is located, including the perimeter of the pond nor does the County intend to transfer any interest in such property to the Quinlans due to the fact that the County permits the Quinlans to enter onto such property and maintain it. 8. A copy of this Affidavit will he served upon the Quinlans. FURTHER AFFIANT SAYETH NOT. BILL BULLARD, JR.., CHAIRPERSON OAKLAND COUNTY BOARD OF COMMISSIONERS Signed and sworn to before me in Oakland County, Michigan. on the day of 2010. Notary Public, State of Michigan, Oakland County My Commission expires: Acting in the County of Oakland Page 2 of 3 I, Franklin Quinlan, acknowledge that I have no interest in the County property that I currently maintain and which is legally described and depicted in Exhibits A and B. FRANKLIN QUINLAN Signed and sworn to before me in Oakland County, Michigan, on the day of , 2010. Notary Public, State of Michigan, Oakland County My Commission expires: Acting in the County of Oakland Drafted by and return to: Jody S. Hall, Assistant Corporation Counsel, 1200 N. Telegraph Rd.„ Dept. 419, Pontiac, MI 48341 Page 3 of 3 EXHIBIT A T4N, ReE, SEC 17 SE 1/4, ALSO THAT PART OF SE 1/4 OF NE 1/4 LYING SLY OF GTAN RR R/W 169.14 A ;An) 11 11 Springfield Oaks CI EXHIBfT 11 Oakland County Parks & Reoreat 2800 Watkins Lake Road c, Waterford, MI 48328 ' Th-1 - , • 0 i - 1- 1 - ri'-• t EA ii,t 1121.2 1 1 ru 11_. 1 _ -' '3 . he Infcrrnatiun p1 &oiled herewith has boon cc:ridded ham surveys and othei public records.. It is not a iegaily recorded used as one, Users should consutl the inl carnation sources Legend CM Park Boundary Tax Parcels 6' High Chainlink Fe Approx. Park Fence Line Location „ it at 7,17377016 MillIMMIEC===11/1. 125 250 CArliCil I CO EXHIBIT C T4N, R8E. SEC 17 PART OF SW 1/4 BEG AT PT DIST N 00-47-50 E 593.29 FT FROM S 1/4 COR, TH N 69-35-58 W 250 FT, TH N 07-59-37 E 280.35 FT, TH S 88-07-35 E 200.43 FT, TH S 00-47-50W 358.25 FT TO BEG 1.61 A 10-17-96 FR 016 Resolution #10135 June 9, 2010 Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchet, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. REBY APPROVE THE-FOREIG-O.NG RESOLL;TJ ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 9. 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac. Michigan this 9th day of June, 2010, eat Ruth Johnson, County Clerk