HomeMy WebLinkAboutResolutions - 1974.09.19 - 10465Miscellaneous Resolution 6831 September 19, 1974
BY: PUBLIC WORKS COMMITTEE - Robert F. Patnales, Chairman
IN RE: GRANTING OF PERMANENT AND TEMPORARY
EASTMENTS FOR PATNALES DRAIN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Patnales Drain Drainage District, acting through the Drainage
Board for the Patnales Drain, under Chapter 20 of Act No. 40 of the Public Acts of
1956, as amended, requires certain permanent and temporary easements to construct,
operate, maintain, repair and/or replace a portion of the Patnales Drain across and
through the following described County-owned parcel of land situated in the City of
Novi, Oakland County, Michigan, to-wit:
The South 300 feet of the East 400 feet of the West 3/4 of the NE 1/4
of the NW 1/4 of Section 35, T 1 N, R 8 E, Novi Township, Oakland
County, Michigan, lying Southeasterly of the Flint and Pere Marquette
Rai lway's Right-of-Way.
A PERMANENT EASEMENT DESCRIBED AS FOLLOWS:
A 92 foot wide strip of land the centerline of which is described as
beginning at a point on the East property line distant N 00 0 09' 25" W
229.93 feet from the SE property corner; thence on a curve to the left
275.91 feet to the point of ending on the South property line, said
curve being defined by a radius of 395.14 feet, a Delta of 40 °00'50",
a chord which bears S 31 °14'13" W 270.38 feet and having a tangent
length of 143.87 feet; said point of ending being distant Westerly
140.84 feet from the SE propeoty corner.
A TEMPORARY EASEMENT DESCRIBED AS FOLLOWS:
All that part of the above parcel lying Southeasterly of the Southeasterly
edge of the above described permanent easement.
and
WHEREAS your Committee approves the granting of said permanent and temporary
easements as described above;
NOW THEREFORE BE IT RESOLVED that the County of Oakland grants to the Drainage
Board for the Patnales Drain the Permanent and Temporary Easements as described above and
in the Right-of Way Agreement attached hereto.
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BE IT FURTHER RESOLVED that the Chairman of the Board be and is hereby
authorized to execute said Right-of-Way Agreement on behalf of the County of
Oakland.
The Public Works Committee, by Robert F. Patnales, Chairman, moves the
adoption of the foregoing resolution.
PUBLIC WORKS COMMITTEE
bert F. Pafnc—M Chq,Vmati
I •
RIGHT OF WAY PARCEL NO. 2
KNOW ALL MEN BY THESE PRESENTS, that
PARTIES OF THE FIRST PART, for and in consideration of the sum of
receipt of which is hereby acknowledged, paid to them by the PATNALES DRAIN
DRAINAGE DISTRICT, acting through the Drainage Board
under Chapter 20 of Act No. 40 of the Public Acts of
THE SECOND PART, whose address is No. 1 Public Works
for the PATNALES DRAIN,
1956, as amended, PARTY OF
Drive, Pontiac, Michigan
48054, do hereby grant to the Barty of the Second Part the right to construct,
operate, maintain, repair and/or replace a portion of the PATNALES DRAIN across
and through the following described parcel of land situated in the City of Novi,
Oakland County, Michigan, to-wit:
The South 300 feet of the East 400 feet of the West 3/4 of the NE 1/4
of the NW 1/4 of Section 35, T 1 N, R 8 E, Novi Township, Oakland
County, Michigan, lying Southeasterly of the Flint and Pere Marquette
Railway's Right-of-Way.
A PERMANENT EASEMENT DESCRIBED AS FOLLOWS:
A 92 foot wide strip of land the centerline of which is described as
beginning at a point on the East property line distant N 00 0 09 1 25" W
229.93 feet from the SE property corner; thence on a curve to the
left 275.91 feet to the point of ending on the South property line,
said curve being defined by a radius of 395.14 feet, a Delta of
400 00 1 50 11 , a chord which bears S 31°14'13" W 270.38 feet and having
a tangent length of 143.87 feet; said point of ending being distant
Westerly 140.84 feet from the SE property corner.
A TEMPORARY EASEMENT DESCRIBED AS FOLLOWS:
All that part of the above parcel lying Southeasterly of the
Southeasterly edge of the above described permanent easement.
The Parties of the First Part herewith agree not to build or convey to
others permission to build any permanent structures on the above described
permanent easement.
Upon completion of construction of the PATNALES DRAIN, said temporary
easement becomes null and void.
This instrument shall be binding upon and inure to the benefit of the
parties hereto, their heirs, representatives, successors and assigns.
-1-
A map of the above property is attached hereto and made a part
thereof.
If the said premises shall be disturbed by reason of the
exercise of any of the foregoing powers, then said premises shall be restored
to substantially the condition that existed prior to the contractors entering
upon said premises. Trees that must be removed, will be replaced if requested
by the Party of the First Part in writing herein. Each tree replacement will
be of like species up to 2-1/2 inch to 3 inch diameter trunk size.
IN WITNESS WHEREOF, the Parties of the First Part have hereunto
affixed their signatures this day of
A.D., 19
WITNESSES:
(L.S.)
(L.S.)
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ACKNOWLEDGMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND )
On this day of A.D.,
before me, a Notary Public in and for said County, appeared
to me personally known to be the persons described in and who executed the
foregoing instrument and acknowledged the same to be their free act and deed.
Notary Public
County,
My Commission Expires:
This instrument drafted by:
Whitney Carnahan, Office of
Oakland County Drain Commissioner
No. 1 Public Works Drive
Pontiac, Michigan 48054
S S.
September 19, 1974 #6831
adopted.
19th - ... September 74 day of 19.... this
• .
Moved by Patnales.supported by Bxitton the resolution be adopted.
. AYES. Button, Coy, Douglas, Dunleavy, Gabler,- Hobart, Hoot, Houghten,
Kasper, Lennon, Mathews, Moffitt, Montante,' Nowak, Olson, Patnales, Perinoff,
Pernick, Quinn, Richardson, Vogt, Walker, Wilcox, Berman, Brotherton. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that have compared the annexed copy of
resolution #6831 adopted by the Board of Commissioners at their meeting held:
September 19, 1974.
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
Lynn D. Allen Clerk
