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HomeMy WebLinkAboutResolutions - 1985.04.18 - 11067MISCELLANEOUS RESOLUTION 05103 March 28, 1985 BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF SEWER, WATER & SOLID WASTE - Offer to Purchase Real Estate - Evergreen-Farmington Sewage Disposal System TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, this Board established the Evergreen-Farmington Sewage Disposal System, which includes a pumping station at 22430 W. Eight Mile Road, operated and maintained by the Department of Public Works; and WHEREAS, the Department of Public Works also maintains a water system maintenance building and storage area adjacent to the pumping - station site; and WHEREAS, this area will be reduced due to the proposed widening of Eight Mile Road and proposed improvements to the Evergreen-Farmington pumping station; and WHEREAS, this Board by Miscellaneous Resolution 484020, authorized the negotiation of a Purchase Agreement for -the purchase of Lot 22, Lockeman's Subdivision, WHEREAS, Lot 22 has been appraised at $18,750; and WHEREAS, it is necessary to provide moving, dislocation and relocation costs to the owners; and WHEREAS, the owner of said parcel will accept $19,000 purchase price and $7,800 moving, dislocation and relocation costs; and WHEREAS, Donald W. Ringler, Manager of the Department of Sewer, Water and Solid Waste, approves and recommends the purchase of said parcel from available project funds; and WHEREAS, the Department of Corporation Counsel has reviewed and approved the Offer to Purchase, NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the acquisition of Lot 22, Lockeman's Subdivision, Southfield, for use in conjunction with the Evergreen-Farmington SDS pumping station for the purchase price of $19,000 and moving, dislocation and relocation costs of $7,800. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said Offer to Purchase on behalf of the County. Mr, Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PURCHASE AGREEMENT WITNESS, this Agreement by and between JAMES P. FREAR and MARILYN E. FREAK, his wife, whose address is 20632 Mada Street, Southfield, Michigan 48075, hereinafter called "OWNER", and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053, hereinafter called "PURCHASER", as follows: 1. PROPERTY TO BE SOLD. The OWNER agrees to sell and PURCHASER agrees to buy, on the terms and conditions stated herein, real property located in the city of Southfield, Oakland County, Michigan, more particularly described as: Lot 22, Lockeman's Subdivision of part of the south half of the southeast quarter of Section 33, town 1 north, range 10 east, City of Southfield, Oakland County, Michigan, according to the plat thereof as recorded in Liber 22 of Plats, Page 12, Oakland County Records. Tax item No. 24-33-452-017. 2. PURCHASE PRICE AND TERMS. No deposit on execution of this Agreement shall be required. The purchase price for said real property shall be NINETEEN THOUSAND DOLLARS AND NO/100 ($19,000.00). Also, the PURCHASER agrees to pay the OWNER SEVEN THOUSAND EIGHT HUNDRED DOLLARS AND NO/100 ($7800.00) for all other cost - including but not limited to moving, dislocation, relocation and attorney fees. Purchase money shall be paid at closing with an Oakland County check. 3. PRESENT TITLE OWNER. The OWNER represents and warrants that it is the sole owner of said real property, free and clear from encumbrances. 4. TAXES. All taxes and assessments which have become a lien upon the land at the date of this Agreement shall be paid by OWNER. Current taxes shall be prorated and adjusted as of the date of closing in accordance with Fiscal Year basis of the municipality or taxing unit in which the property is located. 5. EVIDENCE OF TITLE. OWNER shall, at OWNER'S expense with thirty (30) days hereof, deliver a Title Commitment for an Owner's Policy of Title Insurance for the full purchase price to the PURCHASER agreeing to insure marketable title to the real property above-described, free and clear of encumbrances, other than easements and restrictions of record. 6. TRANSFER TAX. OWNER. shall be responsible at closing for payment of State of Michigan transfer tax. 2 2' Executed by PURCHASER on , 1985, in the COUNTY OF OAKLAND, through its DEPARTMENT OF SEWER, WATER & SOLID WASTE presence of: 7. CONVEYANCE. Conveyance shall be by Warranty Deed executed by OWNER to PURCHASER. 8. TIME FOR CLOSING AND POSSESSION. This sale shall be closed within sixty (60) calendar days after receipt by PURCHASER of the Title Commitment. Possession of said real property shall be 'delivered sixty (60) days after date of closing. 9. INSPECTION. PURCHASER acknowledges that it has examined the above- described real property and is satisfied with the condition thereof and purchases said property in an "as is" condition. 10. This offer is subject to the approval of the Oakland County Board of Commissioners. Donald W. Ringler Its Manager By: Executed and accepted by OWNER on 145 ,)7 7-"6/ , 1985, in the presence of: OWNERS By: Jamo P. Frear /- Mailyn E. Frear, his wife •rrnovEO AS TO FORM art,rnent of Corporation Counsel I Dgfed: c %7. kk_ ( FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDEr.. 7,, CHAIRPERSON IN RE: SEWER, WATER AND SOLID WASTE DE.PART -,..77 - OFFER TO PURCHASE REAL ESTATE - EVERGREEN - FARMINGTON Si WAGE DISPOSAL SY...777.71 - MISCELLANEOUS RESOLUTION #85103 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: uant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #85103 and finds: 1) This is a request to approve ac'-;.o of Lot 22, Lockerman's Subdivision, Southfield, for use in conjunction with the Evergreen - Farmington Sewage Disposal System, 2) Purchase price is $19,000 and moving, dislocation and relocation costs are $7,800, for a total project cost of $26,000, 3) Funding is available in the Department of Public Works - Water and Sewer Operation's fund (83200) and the Evergreen Farmington Sewage Disposal System Enterprise Fund (83275) within the Sewer, Water, Solid Waste Division 1985 Budget, and therefore no additional appropriation is required. 'CE COMMITTEE 18th day of 19 85 April ALLEN #85103 April 18, 1985 Moved by Hobart supported by Skarritt the resolution with Fiscal Note attached, be adopted. AYES: Page, Perinoff, Pernick, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherSon, Moffitt, Moore, Nelson, Olsen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution with Fiscal Note attached, 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 I have compared the annexed copy of Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on April 18, 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 County Clerk/Register of Deeds