HomeMy WebLinkAboutResolutions - 1985.02.14 - 10982Miscellaneous Resolution 35019
BY: PLANNING. 11,-.1T1D BUTI,DING. COMMITTEE
IN RE: ACCEPTANCE OF "OFFER TO PURCHASE" OF 1,04 ACRES, l'10RE OR LESS, WiljTE LAME
OAKS 101X1Y PARK, WHITE LAKE TOUNSHT7 - SIDUELL 12-24-401-001 AND FART OF
12-24-426-026 (REAL ESTATE SECTION - CORPORATION COUNSEL-_ _ •
TO THE OAKLAND COUNTY BOARD Of COM;"1-ISSICNERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS 1,04 acres, more or less, in White Lake Township, described as:
Part of the southeast Quarter of Section 24, T.7, F8E, Wb.ito Lake
Township, Oakland County, Niebian, described as Beginning at
the northeast corner of Lot 184 of Fox Bay No. 4 Subdivision,
recorded in Eiber 127, Pages 1 and 2, Oakland County Records,
thence south 35 28 35" east 330. 00 feet along the easterly 1ine
of Lots 183 and 134 of said subdivision, thence alerr:, a curve Coll-
cave northwesterly, radius 4118.60 ieet, chord hears north 46' 13' 48 -
east 32.68 feet, arc distance of 112,69 feet, thence along a curve
to the right, radius 370.00 feeL, chord bears north 52 45' Or
east 111.40 feet, arc distance of 111.83 feet. thence north 14 0 43'
59" west 170.00 feet aiong the west line of Lot 145 of said Fox Bar
No. 4 Subdivision to the northwesterly tot corner, rbence westerly
to the point of beginning, containing 1.04 acres, more or less,
which disposal has been recommonded and authorized by R. Eric Reickel, Manager, Oakland
County Parks and Recreation Commission, in correspondence dated November 16, 1932 and
WHEREAS Miscellaneous Resolution 84129, dated May 10th, 1984, authorized dis-
posal of said property; and
WHEREAS the current use of the property is vacant and unused; and
WHEREAS the property has been appraised at $11,000 by :Tames M. Fuller, rBA, 110I,
ASA; and $12,800 by William, E. Hoover, SEA, ARE.; and.
W-HEREAS any monies realized from the sale of the property after cost of sale
have been deducted shall be deposited in the General Fund of Oakland County Parks and
Recreation Commission; and
WHEREAS Robert E. Shell. and Kay M. Shell, his wife, of 3150 Sashabaw Road..
Drayton. Plains, Michigan 48020, has submitted an. offer of Eight Thousand Five Hundred
Dollars ($8,500.00) and Included a Two Thousand Dollar (Certified Check) ($2,000.00)
deposit for said property; and
WHEREAS the Parks and Recreation Commission Board reviewed and is agreeable
to the offer from Robert E. Shell and Kay 11. Shell, his wife; and
WHEREAS the Planning and Building Committee has reviewed the "Offer to
Purchase" form.
NOW THEREFORE BE IT RESOLVED that. the Oabland. County Board. of Commissioners
hereby authorizes the Chairperson of the Board of Commissioners to execute the
necessary documents for the sale of said property to Robert E. Shell and Kay M.
Shell of 3150 Sashabaw Road, Drayton Plains, Michigan. 43020, for Eight Thousand Five
Hundred Dollars ($8,500.00).
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
to scale
2. Additional costs: N/A
n11.11.13.11.
"Cover Sheet"
PROPERTY DISPOSITION INFORMATION
Sidweil No.12-24-401-001 and part of 12-24-426-026 Date- 4/19184
Property Description: Part of. the SE quarter of Section 24, T3N, R8E, White Lake Township,
-Oak.g.ad_County, Michigan, described as: Beginning at the NE corner of Lot 184 of Fox Bay
No. 4 Subdivision, as recorded in Liber 127, Pages 1 and 2, Oakland County Records, thence
south 35° 28''35" east 330.80 feet along the easterly line of Lots 183 and 184 of said
subdivision, thence along a curve concave northwesterly, radius 438,60 feet, chord bears
north 46° 13' 48" east 32.68 feet, arc distance of 32.69 feet, thence along a curve to
the right, radius 370.00 ft., chord bears north 52° 45' 03" east 111.40 feet, arc distance
of 111.83 feet, thence north 14° 43' 59" west 170.00 feet along the west line of Lot 145
of said Fox Bay No. 4 Subdivision to the northwesterly lot corner, thence westerly to the
point of beginning, containing 1.04 acres +. (45,302 ± Square Feet)
Approximate Crossroads and Municipality: North side of Vanden Drive, west of Rene Street..
Sketch of property and location of easement:
SEE ATTACHMENT
1. Cost and year of original purchase: $ I,ess than 8,50.00 ; 1973
3. Purpose of original purchase: In conjunction with the White Lake Oaks Golf Course.
..mazimatosErsuast
4. Current usage: None. Vacant land.
S.
5. Comparables of adjacent parcels: zil sa)_esfor_azn posesbu'L
the quality and quantity is not there and this only further confilms the thin market
71,691+ SF, 5/83 $16,000
65,400+ ST, 4/82 $23,000 .
6. Applicable historical notes, if any, concerning property: (is. it buildable, what
does it cost to maintain?) Subject lot is an oversize site but includes a natural drain
which crosses under the road, nearly divides the lot into two equal parts. As per
2 ar to be the adj oining
properties which have their OWT1 private septic systems. The appraisals were made
a there were no problems in securing a septic permit.
7. Price of offers received: 1. $8,500.00 with $2,000.00 down
Three (3) year land contract at 11% interest
Monthly payments of $75.00
Recommendation of Corporation Counsel - Real Estate Section: Accept offer of $8500.00
from Robert E. Shell and Kay M. Shell, his wife.
9. Appraisal Information: James M. Fuller, MBA, MAI, ASA - $11,000
Oakland County Equalization - $12,800
Files can be reviewed at: REAL ESTATE SECTION
EXECUTIVE OFFICE BUILDING
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 48053
(313) 858-5402
or PARES & RECREATION
2800 WATKINS LAKE ROAD
PONTIAC, MICHIGAN 48054
OTER TO PURCHASE
---(1) THE UNDERSIGNED hereby offers and ag rees to pnrchase the following described property:
Sidwell No. _12.724=401,=O01 and part of 12-24-426-0 9 6
1.04 Acres, Fox Bay Subdivision No. 4
White Lake Township, Oakland County, Michigan.
SEE ATTACHED DESCRIPTION - PAGE 3
for the sum of -°_Elc.1 U_SAN=IVET-TITNER.E,a_ZOILARS_ ($3500.00 ) -
(2) CASH SALE: The sale is to be consummated by delivery of the usual Quitclaim Deed
conveying title_ DEPOSIT CHECKS MIST BE MADE PAYABLE TO PURCHASER; CLOSING CHECKS
MUST BE MADE PAYABLE TO COUNTY OF OAKLAND; (ONLY CERTIFIED CHECKS WILL BE ACCEPTED).
(3) LAND CONTRACTS:
(A) Payable in full; 3 years.
. . (B) Down Payment; Minimum 10% of offer $ 2000 00
(C) Rate of Interest Per Annum on Unpaid Balance 11%
(D) Monthly Payment $ 7500,
(E) Delivery of usual Quitclaim Deed upon fulfillment of land contract. .
(4) GENERAL CONDITIONS of sale are incorporated and made a part hereof. This is a legal
document and the Seller recommends that all parties to this agreement retain an
attorney to protect their interest in this transaction.
(A) Ten percent (10%) deposit shall accompany all offers to purchase. CHECKS WILL BE
CERTIFIED AND MADE PAYABLE TO ruminsER.
(B) As evidence of title, Seller agrees to furnish Purchaser as soon as possible a
policy of title insurance in an amount not less than the purchase price,
bearing date later than the acceptance hereof and guaranteeing the title in
the condition required for performance of this offer.
(C) If this offer is accepted by the Seller and if title can be conveyed in the
condition required hereunder, the Purchaser agrees to complete the sale within
ten (10) days after delivery of the Commitment of Title Insurance from a title
company licensed to do business in the State of Michigan and acceptable to the
Purchaser. In the event of default b y the Purchaser hereunder, the Seller may,
at his option, elect to enforce the terms hereof or declare a forfeiture here-
under and retain the deposit as liquidated damages.
(I)) In the event of default by the Seller hereunder, the Purchaser shall be
entitled to an immediate refund of his entire deposit in full termination of
this agreement.
(F) IfH-)bj:.:tion to the tit1.-a is mp.de, based upon a .vritten opinion of P7chaser's
attorney that the title is not in the condition required for performance here-
under, the Seller shall have thirty (30) days from the date he is notified in
writing of the particular defects claimed, either (1) to remedy the title, or
(2) to obtain title insurance as required above, or (3) to refund deposit in
full termination of this agreement if unable to remedy the title or obtain
title insurance. If the Seller remedies the title or shall obtain such title
policy within the time specified, the Purchaser agrees to complete the sale
within ten (10) days of written notification thereof. If the Seller is unable
to remedy the title or obtain title insurance within the time specified, the
deposit shall be refunded forthwith in full termination of this agreement.
(F) The covenants herein shall bind and inure to the benefits of the executor s ,
adMinistrators, successors and assigns of the respective parties.
The closing of this sale shall take place at the office of OAKLAND COUNTY -
CORPORATION COUNSEL, 1200 North Telegraph Road, Courthouse Tower, Pontiac
Miehigan 48053, or a place of Corporation Counsel's choice.
(H) Purchaser has been extended an opportunity to review any or all records
regarding referenced property, on file in the Real Estate Section Offices
ofiCorporation Counsel, Executive Office Building, Room 100, 1200 North
Telegraph Road, Pontiac, Michigan 48053.
(1) Purchaser understands that Seller does retain a permanent easement over the
described property. Seller retains the right to assign this easement.
Purchaser understands that the Count y does not warrant that this is a build-
able lot.
). ThkS offer is subject to approval by the OAKLAND COUNTY BOARD OF CMUSSIONERS.
* *
(G)
4,61
This agreement is subject to purchasers inspection and approval of a current
"Perc" test to be supplied at purchasers expense within 14 days from sellers
acceptance of this agreement...
(.
.Z42-eV „LZ± /
niel R. Ellsworth 7rcibert E. Shé-II
1,(Le.,r)1,,e1ALA
r /
PURCNASE4 TIXSSES:
C
.
Dated: By: -
UVI.T.,1--z.
2" of 3 -PL'iges
(E) Purchaser acknowledges that he is <.::“nre that so :!LE. of the members of the (.1 .KLAND
COUNTY OF COnMTSSIORS are licensed real estate brokers and/or sales-7
persons.
This agreement supersedes any and all understandings and agreements and con-
stitutes the entire agreement hatueea the part ins hereto, and no oral
representations or statements shall be considered a part hereof. Purchser
understnnds arid no iowicdgos that he is porch. itig in an "as is" condition and
that the Seiler makes no warranties as to the land and structure purchased or
the conditions thereof. Purchaser acknowledges that he has inspected the
premises covered hereby and that he is satisfied with its condition. Purchaser
acknowledges the receipt of a copy of this offer.
Dated: November 13, 1984
Kay' M. Shell (wife)
Address 3150 Sashabaw Rd.
Drayton Plains, Mi. 48020
Telephone 673-6370
CORPORATION COUNSEL
REAL ESTATE SECTION
ACKNOWLEDGMENT OF DEPOSIT
RECEIVED from the above named Purchaser(s), Robert E. Shell and Kay M. Shell
whose address i s 3150 Sashabaw Road, Drayton Plains, Michigan 48020
the sum of Two Thousand and no/I00 Dollars ($2,000.00 )
by certified check, to be applied to the above Offer to Purchase as indicated in para-
graphs (3(A) and (3(B), or will be returned forthwith after tender if the foregoing
offer and deposit is declined.*
Total Amount of Offer $ 8 500.00
Less Deposit $ 2 ,000,00
Unpaid Balance $ 6,500.00
CORPORATION COUNSEL
REAL ESTATE SECTION
*THIS ACKNOWLEDGMENT IS FOR THE DEPOSIT ONLY AND DOES NOT CONSTITUTE ACCEPTANCE OF THE
ABOVE OFFER TO PURCHASE, DEPOSIT CHECKS MUST BE MADE PAYABLE TO PURCHASER.
ACCEPTANCE BY SELLER
. The Foregoing offer is accepted by Seller, COUNTY OF OAKLAND, in accordance with
the terms stated above.
SELLER:
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
Dated: By:
,Chairperson
OAKLAND COUNTY BOARD OF COMMISSIONERS
The undersigned Purchaser hereby acknowledges this receipt of the Seller's signed
acceptance of the foregoing Offer to Purchase.
PURCHASER:
Dated:
14th day of X.garY 19 85
ALLEN
Counly Clerk/Register of Deeds
#85019
Moved by Rewold supported by Moore the resolution be adopted.
AYES: Rewold, Skarritt, Wilcox, Caddell, CaIandro, Doyon, Fortino, Gosling,
Hassberger, R. Kuhn, Lanni, Law, Moffitt, Moore, Nelson, Pernick, Price. (17)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that 1 have compared the annexed copy of
Miscellaneous Resolution 85019 adopted by the Oakland County Board of Commissioners
at their meeting held on February 14, 1985
with the orginial 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
this