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HomeMy WebLinkAboutResolutions - 1985.03.27 - 11068MISCELLANEOUS RESOLUTION 85104. March 28, 1985 1 HER17.-3Y APPROVE THE FOR riaWi iTioNs 3-28-05 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: PARKS AND RECREATION COMMISSION - Agreement for Joint Use of Water Retention Site TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Siegal/Tuomaala Associates Architects and Planners, Inc., have made and the Parks and Recreation Commission and the Board of Commissioners have accepted by Misc. Res. 84-209, an Offer to Purchase a parcel of property located upon Northwestern Highway, in Farmington Hills, Michigan for the sum of $2,390,000.00 of which $230,000.00 has been received as a deposit; and WHEREAS, Siegal/Tucmaala, in order to obtain a policy of title insurance and site plan approval must have a water retention site directly adjacent to said parcel for drainage and retention of surface and storm waters; and WHEREAS, the County owns parcels of property upon which such a retention site could be placed; and WHEREAS, the obtaining of this retention site from the County of Oakland by Siegal/Tuomaala is a condition precedent to closing upon the purchase of the land on Northwestern Highway; and WHEREAS, a retention site would serve as a pond upon the Glen Oaks Golf Course and would enhance the scenic environment of the golf course; and WHEREAS, Siegal/Tuomaala would construct and maintain said retention site/pond at its sole expenses; and WHEREAS, the Parks and Recreation Commission by resolution at its February 20, 1985 meeting did recommend and approve the Agreement for Joint Use of Water Retention Site; and WHEREAS, the Department of Corporation Counsel has reviewed and approved said Agreement and recommends its execution. NOW THEREFORE BE IT RESOLVED that the Board of Commissions approves the Agreements for Joint Use of Water Retention Site and authorizes its Chairperson to execute said Agreement on behalf of the County. Mr. Chairperson, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE AGREEMENT FOR JOINT USE OF WATER RETENTION SITE For good and valuable consideration, the County of Oakland, a Michigan Constitutional Corporation (Grantor), 1200 North Telegraph, Pontiac, Michigan 48053, grants to Siegal/Tuomaala Associates Architects and Planners, Inc., (Grantee), 31731 Northwestern Highway, Suite 261, Farmington Hills, Michigan 48018, its successors and assigns, a non-exclusive right of use for drainage of surface and storm water retention from a parcel of land described in Attachment "A", into and upon approximately 1.529 acres of land in the County of Oakland, State of Michigan, described in Attachment "B". Grantor grants to Grantee, its Successors, assign's, agents and employees the right to enter upon said parcel, as described in Attachment "8" for the purpose of constructing, maintaining and/or repairing a water retention site, at Grantee's sole expense. Grantor and Grantee agree that the City of Farmington Hills shall have the right to enter upon said parcel for the purpose of maintaining and/or repairing said water retention site, at its own expense. Grantee and Grantor shall have joint use of said water retention site for the purpose of drainage of surface and storm waters and retention of the same upon said retention site. Grantor agrees that no building or other structure will be placed or constructed upon said parcel. Grantee agrees that should it, its successors or assigns abandon or discontinue use of the water retention site, then in that event, sole use thereof shall revert to Grantor and all rights to use now granted to Grantee shall terminate. IN WITNESS WHEREOF, said Grantee and the County of Oakland, Michigan, by its Board of Commissioners, have each caused its name to be signed to this instrument by its duly authorized officer, this day of , 1985. COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: BY: Riohard R. Wilcox, Chairperson OAKLAND COUNTY BOARD OF COMMISSIONERS WITNESSES: Siegal/Tuomaala Associates Architects and Planners, Inc. BY: Leonard G. Siegel, President STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) On this day of , A.D., 1985, personally appeared RICHARD R. WILCOX, and did say that he is the Chairperson of the OAKLAND COUNTY BOARD OF COMMISSIONERS and as such has affixed his signature to the foregoing Agreement, and that said instrument was signed on behalf of said COUNTY OF OAKLAND, by authority of its Miscellaneous Resolution No. , dated the day of , 1985, and acknowledges said instrument to be the free act and deed of said COUNTY OF OAKLAND. Notary Public, Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN ) ) ss COUNTY OF OAKLAND On this day of , 1985, before me appeared Leonard 04 Siegel to. me personally known, who being by me sworn, did say that he is the President of the corporation named in and which executed the within instrument, and that said instrument was signed on behalf of said corporation by authority of its board of directors; and said Leonard G. Siegel acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Oakland County, Michigan My Commission Expires: ATTACHMENT "A" Land in part of the.Southwest quarter of the Northeast quarter of Section 2, Town 1 North, Range 9 East, City of Farmington Hills, Oakland County, Michigan, described as commencing at the South quarter corner of said section thence along the North and South quarter line North 0 04 10" East, 2636.23' to the Point of Beginning: Thence continuing along the North and South quarter line North 0 11' 03" East, 1103.27' to the southerly line of Northwestern Highway (204' wide); thence along the southerly right-of-way line South 53 32' 52" East, 799.60'; thence South 0 10' 18" West, 637.90' to the East and West quarter line; thence along the quarter line North 89 08' 12" West, 644.87' to the Point of Beginning, containing 12.885 Acres. T7Z-FA, EASEMENT FOR RETENTION AREA SHEET 1 of 2 I ‘A N ‘n‘14 I A n ICS Oj /it‘A 0.4 dli\ 04) cl A part of Lots 23, 29, and 30 of "Glen Acres' a part of the NW, .4;-; of Section 2, T1N-R9E, City of Farmington Hills, Oakland County, MI, as recorded in Libor 57, Pnge 13, of Oakland County Records ( see sheet 2 of 2 for legal description) . ./87 /4 (":,:z .4 Zarei. 49.3 ) 41' Lib rp orTA Y "0 / x/e5i0 1%W.-40-0(64 5 ;4?-4 *3S. \t} 0 N\ • 60 6 a a ° .sr 0 - 9 3.9z 93. 9z NOTE WiTg DRAWING AND ATTACHED LEGAL DESCRIPTION ARE BA.S:ED ON BOUJDARY SURVEY BY PROFES;;TONAL AsGnc., ( JOB N). 79- 127) . 40. \ t). iiicege.saatorn.** ce-tirEte z. 7iJ -9 Scale: / Date: /Z-Z7- 13 4 Job No. 84-26Z NIILLETICS AND tSSOCIATES 28000 MiddlebeR Road Farminpion Hills !T 48018 (313) 661-8990 or (313) 855-4010 Land Surveying (04.ketfr: peo. ot,.4 rep 9.8o pool?) ATTACHMENT " B" 'MICHAEL L MILLETICS LICENSED LAND SURVEYOR # 29249. LASF.M:4'1 FUR RiTE6TION AREA SHEET 2 - LEGAL DESCRIPTION A part of Lots 23,29. and 30 of "Glen. Acres", a subdivision of part of the Nortlwest of section 2, T1N-R9E, City of Farmington Hills, Oakland County, Michigan, as recorded in Liber 57, Page 13 of Oakland County Records; more particularly described as commencing at the Center of said section 2 the Southeast corner of said Lot 29; thence N 0 °11'03 1 T, 122.94 feet, along the Easterly line of said Lot 29, to the point of beginning; thence N 0°11 1 03"E, 33600 feet,along the Easterly line of said - Lot 29 and 30, to the Northeast Corner of said Lot 30; thence 14.330 06'10W, 55.00 feet, along the NOrtherly line of said Lot 30; thence S 33°53'42"W, 237.00 feet; thence S 50°25 1 50"W, -156.00 feet; thence S 66 °40'47E, 231.42 feet, to -a .point on the Solithwesterly line of said Lot 29 (said pOirit. 'being N 37°11'43"W, 1 -54.71 feet, from the , Southeast corner of said Lot 29 ); thence S 39 0 43'57"E, 93.22 feet, to the point of beginning. All of the above containing 1.529 Acres. All of the above being subject to easements, restrictions, and right-of-ways of record. otti il tHi/1/4 \\‘‘‘ fa /** •nn%. "!... • • • ' •Zi's • /MICHAEL L.', MiLLETICS — LAND SURVEYOR E * ' No. iAct- . 29249 e 0.66 *0* L AND 0,0 : NOTE THIS LEGAL DESCRIPTION AND ATTACHED DRAWING .ARE BASED SOLELY ON BOUNDARY SURVEY BY PROFESSIONAL ENGINEERING ASSOC.,( JOB NO. 79-127). Land Surveying 4ILLETICS AND 1SSOCIATES 28000 Mtddle,belt Roan f Farmington Hins, MI 48018 (313) 661-8990 or 0131 855 ,4010 this 2 8 t h day of arch 19 85 ALLEN Resolution #85104 March 28, 1985 Moved by Hobart supported by Richard Kuhn the resolution be adopted. AYES: Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro. (23) 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 I have compared the annexed copy of Miscellaneous Resolution #85104 adopted by the Oakland County Board of Commissioners at their meeting held on March 28, 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 Couniy Clerk/Register of Deeds