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HomeMy WebLinkAboutResolutions - 1985.11.07 - 11280(f7,1 - Dale 85320 Miscellaneous Resolution # BY: PLANNING & BUILDING COMMITTEE - Anne M. Hobart, Chairperson RE: Drain Office MAINLAND DRAIN RIGHT-OF-WAY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Mainland Drain under Chapter 20 of Act 40 of the Public Acts of 1956 is charged with the construction of the Mainland Drain; and WHEREAS the Mainland Drain is to be located upon property owned by the County of Oakland; and WHEREAS it is necessary that the County of Oakland grant a right of way to the Mainland Drainage District for the construction, operation, maintenance, repair and/or replacement of the Drain. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and the same is hereby authorized and directed to execute an agreement granting a right of way for the Mainland Drain. Mr. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resblution. PLANNING & BUILDING COMMITTEE RIGHT OFWAY KNOW ALL MEN BY THESE PRESENTS, that County of Oakland. 1200 North Telegraph Road, Pontiac, Michigan 48053 PARTIES OF THE FIRST PART, for and in consideration of the sum of receipt of which is hereby acknowledged paid to them by the Mainland Drain Drainage District, acting through the Drainage Board for the Mainland Drain under Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended., PARTY OF THE SECOND PART, whose address is No. 1 Public Works Drive, Pontiac, Michigan, 48054, do hereby grant to the said Party of the.Second Part the right to construct, perate, maintain, repair and/or replace a portion of the Mainland rain across and through the following described parcel of land situated in the Township of Waterford Township, and City of Pontiac akland County, Michigan to-wit: All that part of the E 1/2 of Section 24,T3N, R9E, Waterford Township, Oakland County, Michigan, lying Northerly & Easterly of Telegraph Road, (U.S.10) and lying Southerly of the Grand Trunk Railroad R.O.W. Sidwell No. 13-24-227-001. All that part of the NW h of Section 19, TIN, R9E, City of Pontiac, Oakland County, Michigan, lying Southwesterly of the Grand Trunk Railroad R.O.W. Sidwell No. 14-19-151-001. A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A strip of Tad 20.0 ft wide having a centerline described as: Beginning at a point distant N 00" 0018" W, 1647.68 ft, along the West section line, and S 89°59'42" W, 29.41 ft from the West ki corner of Section 19, City of Pontiac, thence N 82'07 1 41" E, 10.65 ft; thence S 00'02'57" E, 32.0 ft; thence N 87"2'37" E, 24,,O ft; thence S 43'1626" E, 84.64 t11 -7 F 49 -47.? ft; 171--F,, S 37'03' 51' E, 2.2 ft, tothe t of endin7 is distant N 00'0018 W, 1880.74 ft along the West 0 49'43" 7, 146..26 ft, along the SW R.O.W. line of the Grand Trunk Railroad and S 46°10'17" W, 72.23 ft from the West 1/4 corner of Section 19, City of Pontiac. 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. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. 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 enter said premises. Dated: COUNTY OF OAKLAND WITNESSES: By By Ilk ,V8 '07 '.;z/ /C7, "<f)Z ,92. 0 / 011*Iik /Y,fg 7 '&5 /3 7 06 /04 4' ct, 4(5 7 tçy c= Z58. C / tk L N 1'0 \f) \N\, eo' N c:),4" \,) If\) 1- /7.1///44/%42 ,04,9}/,/ #85320 November 7, 1985 this 7th day of November 19 85 _ALLEN County Clerk/Register of Deeds Moved by Hobart supported by Hassberger the resolution be adopted. Moved by Hobart supported by Susan Kuhn the agenda be corrected by changing the title from "Department of Central Services-Facilities Engineering Division - Mainland Drain ROW" to read.."Drain Office - MAINLAND DRAIN RIGHT-OF-WAY" This change will more correctly identify the department handling the resolution. There were no objections to the correction. Vote on resolution: AYES: Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R, Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell. (25) 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 the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on November 7, 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