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HomeMy WebLinkAboutResolutions - 1983.09.07 - 11771L'ept.,.n her 7th, 1983 Miscellaneous Resolution 832 PLANNING AND BUILDING COMMITTEE Anne NI. Hobart, Chairperson. IN RE: Purchase Offer - Lot 42 and the South 30 Feet of Lot 43, "Bloomfield Sites Subdivisice- Bloomfield Hills - Property Management Division TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen.; WHEREAS the County of Oakland acquired the following described property in March, 1963 for use as a. community well site; Lot. 42 and the South. 30 feet of Lot. 43, "Bloomfield Sites Subdivision," being a. part of the Southeast quarter of Section 11, Town 2 North, Range 10 East, City of Bloomfield Hills, Oakland County, Michigan, according to the Plat thereof as recorded in Liber 71 of Plats, Page 21, Oakland County Records. Sidwell No, 19-11-402-028. WHEREAS the shove described property is no longer used as a community well site and is excess to the. County of Oakland's needs and should be sold and returned to the tax rolls; and WHEREAS on May 18, 1983 the Property Management Division received an Offer to Purchase said property from Mr. Wayne Golquitt in "As Is" condition for $5,000.00 cash; and WHEREAS this offer was rejected and Property Management was instructed by the Board of Commissioner's ReseIution No. 83198, dated July 14, 1983 to make a. counter-offer of $20,000.00 conditioned on purchaser's acceptance of the property in its present condition; said counter-offer was mailed to Mx. Colquitt on July 22, 1983; and WHEREAS on August 1, 1983 Property Management received another offer from Mr. Colquitt in the amount of S10,000.00 cash. in "As is" condition; and WHEREAS due to the appraised value of said property in the amount of $30,000.00 and *30,500.00, the Property Management Division does not recommend the sale of said property for $10,000.00. NOW THEREFORE BE IT RESOLVED that the Planning and Building Committee. hereby recommends that the offer of $10,000.00 cash be rejected and that the County Executive's Property Management Division. notify Mr. Colquitt of the Oakland County Board of Commissioner's decision. BEIT FURTHER RESOLVED that the Oakland County Board of Commissioners rescind the counter-offer of $20,000.00 pursuant to Miscellaneous Resolution No. 83193 of July 14, 1983. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDENG Ca':4N1 'FITE BY: AGREEMENT OF SAFI' - First American I nic Insurance Company of Mid-., 47-044-023 Ica Bloomfield Sites Subdivision, T 2 N, R 10 E Sec. #11. Tax Item No, 12-19-11-402-028 Otherwise Known as 2307 Eastways Rd. including all lighting fixturesesr}omçtliap, )00,4, startaqi., r#4‘,,pior gas conversion unit and permit and to pay therefor the sum of -1-1-1L)U.D.C4101 subject to the exi FiliTinents, and coning ordinances, if any, upon the fouowing conditions; Larsacraseilv on the premises, Dollars, being known as together with all improvements and appurtenances, and storm clouts, screens, awnings, TV antenna, THE SALE TO BE CONSUMMATED BY: (Fill in one or the four following paragraphs, and strike out the romeinder,l VVAYNE W COLQUITT, REALTOR 4302 N. WIL.L.13WAY ESTATES CT BLOOMFIELD HILLS, 'MICH. 4E1013 OFFER TO PUR7HASE REAL ESTATE 1. THE UNDERSIGNED hereby offers and agrees to purchase the following land situated in the ( City Tovostatisita of Wiese Bloomfield Hills , Oakland County, Michigan, described as follows. Lot #42 & South 30 ft. of lot #43 FIRST AMERICAN TITLE INSURANCE COMPANY OF MID-AMERICA - BURTON ABSTRACT DIVISION - SERVING YOU SINCE 1866 Cash Sale Geek4rrie iirriedr-New IMO Snek-to- MoNgete Lama 6400lkovret -1444.4.ing Lund Evidence of Title Time of Closing Purchaser's. Default Seller's Default Title Objections Possession MAKE YOUR REAL ESTATE TRANSFERS SAFE BY USING FIRST AMERICAN TITLE INSURANCE COMPANY OF MID-AMERICA A. Delivery of the usual Warranty Deed conveying a marketable title. Payment of puri..hase money is to be made in cash or certified check . ISNEMBRIMMIRIDEAPA B. Delivery of the usual Warranty Deed conveying a marketable title. Payment of purchase money is to he made in cash or certified check. Purchaser agrees that he will immediately apply for a mortgage in the amount of b , and pay S down plus mortgage costs, prepaid items and adjustments in cash. Purchaser agiees to execute the mortgage as soon as the mortgage application is approved, a closing date obtained from the lending institution, and, if applicable, final inspection of the property ap- proved by the Veterans Administration or 1 II , A. C. Delivery of the usual Warranty Deed conveying a marketable title, subject to mortgage to he deducted from the pur- chase price. Payment of the purchase money is to be made in cash or certified check less the amount owing upon an existing mortgage now on the premises, with accrued interest to date of consummation, held by upon which there is unpaid the sum of approximately Dollars, with interest at per cent, which mortgage requires payments of Dollars on the day of each and every month, which payments DO, DO NOT include prepaid taxes and insur- ance. If the Seller has any accumulated funds held in escrow fot she payment for any prepaid items, the Purchaser agrees to reimburse the Seller upon proper assignment of same. The Purchaser agrees to assume and pay said mortgage according to the terms thereof, 0. Payment of the sum of Dollars in cash or certified check, and the execution of a land Contract upon the FIRST AMERICAN Tun INSURANCE COMPANY OF MID-AMERICA torn acknowledging poy mem of that sum and calling for the payment of the remainder of the purchase money within years from the date of Contract in monthly payments of not less than Dollars each, which include interest payments at the rate of percent per annum, and which DO, DO NOT include prepaid taxes and insurance. If the Seller's title to said land is evidenced by an existing land contract with unperformed terms and conditions sub- stantially as above set forth and the cash payment to lie made by the undersigned on consummation hereof will pay out the equity, an assignment and conveyance of the vendee's interest in the land contract, with an agreement by the undersigned to assume the balance owing thereon, will be accepted in lieu of the contract proposed in the preceding paragraph. If the Seller has any accumulated funds held in escrow for the payment of prepaid taxes or insurance, the Purchaser agrees to reimburse the Seller upon the prime; assignment of same. 2. As evidence of Idle, Seller agrees to furnish Purchaser is soon as possible, a ,a commitment or and Policy of rule Insurance tssUed by said Corporation in an amount not less than the purchase price, hearing dote later than the acceptance hereof and guaranteeing the title in the condition required for performance of this agreement. will be accepted. 3. 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 30 days alter delivery of the abstract or commitment for title insurance; however, if the sale is to be consummated in accorilariee with paragraph B, then the closing will be governed by the time there specified for obtaining a mortgage. In the event ot default by the Purchaser hereunder, the Seller may, at his option, elect to enforce the terms hereof or declare a forfeiture hereunder and retain the deposit as Liquidated damages. 4. In the event of default by the Seller hereunder, Ihirt haser may, at his option, elect to enforce the terms hereof Of demand, and be entitled to, an immediate refund of Ith entire deposit in full termination of this agreement. 5. If objection to the title is made, based upon a written spiiiion of Purchaser's attorney that the title is not in the con- dition required for performance hereunder, the Seller dial! have 30 days from the date he is notified in writing of the particular defects claimed, either (I) to remedy the title, or 12) to obtain title insurance as requited above, or (3) to refund the deposit in full termination of this agieement If unaltle to remedy the title or obtain title insurance. If the Seller rem- edies the title or shall obtain such commitment for it title policy within the time specified, the Purchaser agrees to com- plete the sale within 10 days of written notification thereof. If he setter is unable to remedy the title or obtain title insurance within the time specified, the deposit shall he refunded forthwith in lull termination of this agreement, 6. The Seller shall deliver and the Put, ildser shall 0 LI,111 pOSSCSSik, of said property, subject to rights of the following tenants; If the Seller occupies the property, it shall he vacated on 01 before at time of closing and del Warranty Deed. 1Yer as security for unused portion as and delivery of From the date of closing to the date of vacating properly au agreed, SELLER SHALL PAY the sum of 5 day. THE BROKER SHALL RETAIN from the Amnon! due Seller as closing the sum said occupancy charge, paying to the Purchaser the amount due him and returning to the Seller the determined by date property is vacated and keys surrendered to Broker. . 7. All taxes and assessments which have become a lien Seller. Current taxes, if any, shall he prorated and tIolr (Insert one: "Fiscal Year -1-)111- Pare unit in which the property is octcrL Interest. Tt'lliM and 8. In conaideration of the Broker's effort to ()loam to five (51 days from the date hereof, and if not ar epied with to the Purchaser_ If the offer is accepted by the eel within the (line indicated in Paragraph 3. 9. The Broker is hereby authorized to make this orbit shall be held by him under Act No 112, P. A. of 1'160 summated. Taxes and Prorated Items Broker's Author- ization Address Phone IN PRESENCE OF: L, S. 47-044-023 upon the land at the date of this agreement shall he paid by the as if the da rt of closing in accordance with due date left blank. rivrol Year applies) basis of the municipality or taxing water hills shall he prorated and adjusted as of the date of dosing. seuer's approval, it is understood that this offer is irrevocable for by the Seller within that time, the deposit shall he returned forth- Ihr Purchaser agrees to complete the purchaseeof said property Cashiers Check $1,000.00 and the deposit of Dollar% SVf a 13, it) and applied on the purchase price if the sale is con. 10. APPLICABLE TO F.H.A. SALES ONLY: It is eapressly agreed that, notwithstanding any other prmisiiiiis if this contract, the Purchaser shall not be obligated to complete the purchase of the property described herein or to incur any pererhy is forfriiiire of t'al -nc.,1 money deposits or otherwise unless the Seller has delivered to the Purchaser a written statement issued liv the federal Housing aaimmissioner setting forth the appraised value of the property for mortgage insurance pitrposes of not less iIran $ , which statement the Seller hereby agrees to deliver to the Purchaser promptly alter such appraised value statement is made available to the Seller. The Purchaser shall, however, have the privilege and option of psi: reeding with the d(illtiUmilliotoik of this eontract without regard to the amount of the appraised valuation made by the Federal Housing l'ornmissioner. It is further understood between Niel:mac' and Seller that the additional personal property listed herein has a value of $ I I,The covenants herein shall hind and inure to the benefit of the executors, adininistrators, successors and assigns of the respective parties. By the execution of this instrument the Purchaser acknowledges THAT HE HAS EXAMINED THE ABOVE ditaeribed premises and is satisfied with the physical condition of stractrires thereon and acknowledges the receipt of a copy of this offer. The closing of this sale shall take place at the office of Burton Abstract Division. 1650 W. Big Beaver Rd., Troy, MT However, if a new mortgage is being applied for, Pur- chasers will execute said mortgage at the hank or mortgage company from which the mortgage is being obtained. Additionalconditions, if an: NOTle Buyer agrees to nurchase the Property in y "AS IS" condition. /1 Seller acknowledges that the Buyer is) Regstered Real Estate Broker. Couitt IN PRESENCE OF: Wayn IS n.ted May/' , LS. Purchaser 4302 N. Willowav Estates Ct., Bloomfield Hills, I 48013 646 1.650 BROKER'S ACKNOWt.tDGMENT OF DEPOSIT Received from the above named Purchaser the deposit money above mentioned, which will be applied as indicated in Paragraphs 8 and 9 above, or will be returned forthwith after tender if the foregoing offer and deposit is declined. Address Broker Phone By This is a co--operative sale on a basis with ACCEPTANCE OF OFFER TO THE ABO VE NAMED PURCHASER AND BROKER - The foregoing offer is accepted in accordance with the terms slated, and upon consummation Seller hereby agrees to pay the Broker for services rendered a commission of ( pollasa )r None .per cent of the sale price), which shall be due and payable at the time set in said offer for the consummation of the sale, or if unconsummated, at the time of Seller's election to refund the deposit, or of Seller's or Purchaser's failure, inability or refusal to perform the eonditions of this offer, provided, however, that if the deposit is forfeited under Ow terms of said offer, the Seller igrites that one-half of such deposit (hut not in excess of the amount of the full commission) shalt be paid to or retained hy the Broker rn frill payment for services rendered. By the execution of this instrument, the Seller acknowledges !he receipt of a copy of this agreement. COUNTY OF OAKLAND L.S. Seller mmmn Pontiac f_ MI 48053 Dated ?none PURCHASEWSRECEWTOFACCEPTEDOFFER The undersigned Purchaser hereby acknowledges the receipt of the Seller's signed acceptance of the foregoing Offer to Purchase. LS. Purchaser Dated hirnlshed by .First :neck: : rde - (nrMilleAfTrietreir • / / / , 0' / - / / . . , 0 ii --- 1 i A.°7,47 //)/ \ p -Z- \ \ < • / ' ° „cr) 4i iA 6' L\'-"?.. –...•-•,. 'ILL.' .!I.' 3 ., . . . - ., 4 -1 ! .--. --I t 1 , ----_—,` — • 1,.. I. I ., --- - 0 I' I I cm (S4 O lk- /' N., wt. / / n . ,..., \.• ,,•;- -,i .,.. n.; I `. \ .1 CS 0 c.) 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L.-. ...., (,..4. 1 . e"2.3 \-7 / r.s cti , (N.4 Nj , 3,333 --",' s •,.... \ -. - `V 0 0 7: 7_ 5 • 9 ./ 73 q .1 ) , '79 n /11 /5 f• /-5 6- r• e.FI. ' -N,,,.(i e 1, . - \ 4 r A •,..,,, 0) q t • , 3, \. , t,,,, ,,,,\-,,••-, 9,..r, \ \NI, '0 0 _.."\......„." C) i'• BLOOMFIELD TWP. E. 1 /2 SE. /4 SEG. H T.2N. #83254 September 7, 1983 Moved by Hobart supported by Foley the resolution be adopted. Discussion followed. AYES: Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Olsen, Page, Pernick, Rewold. (22) NAYS: Perinoff. (1) A sufficient majority haVing voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 #83254 adopted by the Oakland County Board of Commissioners at their meeting held on September 7, 1983 with the original 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 7th day of September 199 3 LYNN D/I ALLEN, County Cicrk/Register of p;T..c