HomeMy WebLinkAboutResolutions - 1985.03.27 - 11068MISCELLANEOUS RESOLUTION 85104.
March 28, 1985
1 HER17.-3Y APPROVE THE FOR
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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
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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) .
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NOTE
WiTg DRAWING AND ATTACHED
LEGAL DESCRIPTION ARE BA.S:ED
ON BOUJDARY SURVEY BY PROFES;;TONAL
AsGnc., ( JOB N). 79- 127) .
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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.
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/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