HomeMy WebLinkAboutResolutions - 1980.03.26 - 12046Miscellaneous Resolution 9367 March 27, 1980
BY: PLANNING AND BUILDING COMMITTEE
IN RE: ORION AIRPORT PROPERTY - OPTION TO PURCHASE BY GENERAL MOTORS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owns approximately 440 acres of property
in Section 34 of Orion Township known as the Orion Airport; and
WHEREAS the General Motors Corporation has expressed an interest in
purchasing said property for the purpose of constructing an automotive
assembly plant.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is hereby authorized to execute an option for the
purchase of said property by General Motors.
BE IT FURTHER RESOLVED that the option is for $5,000 and with the
condition that the said property will be rezoned for heavy industry.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
E FOREGOING RESOWTION _
2:13/-0.
OPTION •
TN CONSTDER,kTION OF $ 5 , ° 0 of which is her-by O f Oakland, a is,'ijobia.:7-22:1_acillap- E", 1
or_ 1200 North Telec,rai.)h P nt—Hr- "Hci , , •._
l'-erair,lAf'er referred t_o "Optionc.lr", the owner of the prarnixet folIowN:
Approximately 440.66 acres of land situated in Section 34 of
Orion Township, commonly known as the Oakland-Orion Airpol -t,
to he more fully described in the attached Exhibit "A" anf4 by
a metes and bounds survey to be obtained by Optionee at Optionee's
expense .
General Motors Corporation, a Delaware Corpora .!-ion larrel3y yrants to
or hi oritAne e,nf 3044 West Grand I • 11 1 •-yrd, net' rnit
hereinafter referred to aa the ''Optiom-e", the exclusive op-Son to p_urchaNe said px-ernisen, including all
improvements and fixture-a thereon, for a thtal purchase price of 000 0 • 0 0
This Option shall expire. on 6 _months t 11:00 RM. nleas prior thereto the Optionee •
notifies Optionor by telegram, by written notice, or by registered mail of Optionat's eleYnion to plinCh:15E',.
Opticnee'e e..-..-„er6.Ne of this Option ahall be deemed delivered to Optionor when such notice is deposited in
any United States Post Office or in any telegraph office, prepaid for tranarnittai to Optionor and addressed
to Op'donor at the aforesaid address, or when left at 4aid address If the expiration date of this Option
cocturs on a Sunday, holiday or other non.business da .y, thia Option shall automatically be e_z..t.ended r,o as
to expire at 11:00 P.M. on the next ensuing business day.
• After the notice exercising the Option has he-en give.n, the Optionee shall have srea,7_,onble time to
the title and if sathined with the condi tion of title, the closing shall take pl a ce within a
time thereafter at a time :_knd place designat_ed by Optionee, who hall then pay or caus-e to be paid the hal-
anot of the purcha74e price, upon delivery of a full covenant and warranty deed exe-ou. t-z-d by the Optioncr, in
proper foui for -recording, with all neece...sary transfer taxes paid by Optionor. The deed shall convey an
wane-neural-pert& Ini:irlstabls title in fee simple and the precis-es shall be delivered fret of all clairro„
c-ecl.:pancies, tenancies and leases.
The aurn of $.5.Q_CT—CLO,_ paid for this Option shall be credited on the purchase price.. If Optionyee does
not eerc-ise this Option as provided, the said sun, of 4b , 0 (In OS) may he retained by the OpLionor and
neither party shall have any obligation or claim against the other. If in the opinion of Optionee the Op.
tioncr's title is not sa tisfactory, the Opt.ionee may elect not to purchaa-e. the_pro:.s ,.erty described herein,
whereupon the amount paid for this Option shall be „refunded to Optione.e, and neither party shall have any
further obligation or claim whata.oever against the other,
This Option . and all rights hereunder shall he freely assignable by the aptionee before or after
srzerrising the Option. If the Option is exercised the purchase shall he on the following terms:
(a) Tames and water charges shall be apportioned (if such is the local custom) according to
local custom as of the date of closing.
(b) The deed shall convey all easennts and appurter.ance.a to said -premises and all strips and
gores of land within and adjoining the premises described and claimed by Op(ionar, together
with ell right, title and interest, if any, of Option.or to land lying in the bed of any street,
road, avenue or alley, open or proposed or vacated, adjoining the p:crnises.
(o) of violation of law or ordinance.a cured or complied with . . by the Optioocr and the premises shall be conveyed free from all viola ',ions,
(d) The Optionee shall obtain a title insurance cornmitmer,t from a title company of OpLionee's
choir.t. Optionor agrees. upon request of such title company, to furnish documents of title or
such other evidence as may be required. Upon dosing, a Policy of Title Insurance in the
arnouot of the purchase price will be issued to Optionee at Optionor',K e.xl ,,--,ense. In lieu thereof
Optionor may furnish Optione..a. , at Op'Sonor'e expene..4 with a complete abstract of title vz32,
tax search certified to it date subsequent to the e_aerci.e of this Option,
The risk of loss, damage cm- destruction of the property or any part there-of by Ere or other-
wise prior r, delivery of the deed al-n ,l1 be assumed and b-cm-ne by Optionor. In the event of
any roch Ices, damage or dEt3171.1(:-tiD". which Optionee regards as sub-4=..a,..e.tial, therm the Op-
tiormee shall have the right to either terrrArtate the contract neaulting from this Option or to
kn.-rooted with the closing of s.am.e...
(e)
(h)
)
t"
rent Opuiorroe• *hail pay and A..6,0;.ant a.ny k..nd 1.31 fE.E4a =le e-ny c±a.iii-ed st.ny
road *state brokers, or agents, actirig for or on behalf of 0-ptioncr, in connecnon with th e
• axeclition of this Option, CZ in aottlennint of purchase hereunder, and shall indemnify and
bold Optionee harmless from.and against any and all fses, ocnInrnissions, claims and suits,
whether Law or in aquity, of any and all such reel *state brokers or agents. This provi-
• irion shall remain terlannti vs arid survive tilt cicvaing of title.
(g) The Optionee h.ill h.tyt the right and license civring the tx-rvn of this
Option, at the Optionee's own risk end expense, to enter upon the optioned
premises to wake all necessary survey s, s.oil test borings „ envirownental
tests and inspections which the Optionet dee-ms necessary, and heve the
right to require a survey description to be use4 in the deed of conveyance.
D./ring the term of this Option, the Optionee may, et its expense attempt to
rezone the subject property to It heavy industrial zoning classificetion.
The Optionor s9re-es to join Optionte in the ese-cution and filing of any appli-
cition for rtzoning or approvals required to effectuste this reroningn
Optionee Key at its option by providing potionor with written notice on or
tvefore6 months and upon p.ay-rent to Optionor of $ 5,000.0 as additional
e*tion c-onsideretion obtain a further extension of this option so as to expire
-
. .
SEE EXHIBIT B ATTACHED •
This Option includes all of the agreements, repre-eentations and underatandings of and -made by the
parties hereto, br on their behalf. No changes, alterations or amendments hereto, nor further agreements
ahall be binding upon the partiels unless Each is in writing and executed by the parties hereto or their re-
epect've heirs, successors or assign.
This agreement shall apply to and bind the heirs, executors, administrators, succ,ssors and assigns
of the Optionor, and shall run for the benefit of the successors and saaigns of the Optionee.
IN WITNESS WHEREOF, the Optionor has si gned and s-ealed this instrument this day of
In the presence of
STATE OF
COUNTY OF
On this day of I9_, before me, the subscriber, personally appeared
to me pere.onally known and known to me to be the same person_described in and who executed the within
instnument, and duly acknowledged to me that_ executed the same.
Notary Public, County of,
State of
PARCEL
EXHIBIT'
All these parcels of land located in Orion Township, Oakland County,
Michigan and described as follows:
PARCELS 1 & 2
East one-half of the Northwest one-quarter, and the East one-'half of the
Southwest one-quarter, of Section 34, Town 4 North, Range 10 East, except-
ing therefrom easements for a pole line and for a high voltage line here-
tofore granted to the Detroit Edison Company and recorded in Liber 3666,
page 258, and in Liber-3818, page 627. .
PARCEL
Part of the southeast one-quarter 'of Section 34, Town 4 North, Range 10 East
Orion Township, Oakland County, Michigan, described as: Beginning at a
point at the South one-quarter corner of Section 34 which is the intersec-
tion of Giddings Road and Brown Road; thence South 89 degrees 49 minutes
10 seconds East 2,724.24 feet to the East section line; thence North 0 degre
39 minutes 20 seconds East 1,321.78 feet. along the East section line to
the South line of the Michigan Gas Storage Company easement; thence North
89 degrees 55 minutes 05 seconds West 2,178.84 feet along the South line .
of said easement; thence' South 2 degrees 4 minutes 10 seconds west 933.15
feet; thence North 87.degrees 32 minutes 0 seconds **
Part of the Southeast quarter of Section 34, Town 4 North, Range 10 East,
Orion Township, Oakland County, Michigan, described as beginning at a point
on the north and south quarter line of Section 34 located North 1317.03 feet
from the South quarter corner of Section 34, which is the intersection of
Giddings Road ..and Brown Road; thence North 26.53 feet along the North and
SoUth quarter line to the North line of Michigan Gas Storage Co. easement,
thence continuing North 639.81 feet along the Northand South quarter line,
thence South 89" 35' 40" East. 2743.95 feet to the East line of Section 34;
thence South 0D023 30" West 584.69 feet along the East section line to the
North line of easement; thence continuing South 00' 23' 30" West 66.01 feet;
to the South line of easement; thence North 89' 55' 05" West 2574.44 feet
along the South line of easement;- thence continuing North 89° 55' 05"
West 164.91 feet to the point of beginning, containing 41.453 acres more
PARCELS 9 & 10 . .
The West half (W1/2) of the Northeast quarter (NE1/4) of Section Thirty
four (34), Orion Township, Oakland County, Michigan, excepting therefrom
the Northerly thirty (30) acres thereof; Also the North part of the Southeas
quarter (SE1/4) of said Section thirty four (34), Orion Township, Oakland .
County, Michigan, described as beginning at the South 1/4 corner being the
intersection of Brown and Giddings'Roads, thence north nineteen hundred, ,
1
BY L.S.
& 10 (Continued)
eighty three and thirty three hundredths (1983.33) feet along the center-
line of Giddings Road to the point of beginning, thence East 2744.74 feet
to the east line of said Section 34, thence north 615.26 feet along the
said east section line to the East 1/4 corner of said section, thence West
along the East & West 1/4 line to the center of said Section 34, thence
South along the centerline of Giddings Road to the place of beginning,
excepting therefrom a certain parcel of land within the Northwest quarter
(NW 1/4) of the Southeast quarter (SE 1/4) of said Section 34, Town four
(4) North Range ten (10) East bounded by aline beginning at a point on the
North & South 1/4 line of said section 1983.33 feet North of the South 1/4
corner of said section, thence running North along said 1/4 line one hundred
(100) -feet, thence S 89°37 30"E one hundred thirty three (133) feet,
thence South one hundred (100) feet, thence N 69 0 37' 30" W one hundred
thirty-three (133) feet to the point Ofbeginning all subject to easement
for highway as located and established along and upon the North & South 1/4
line of said Section 34.
PARCEL 13
A part of the Northeast 1/4 of Sec. 34 and a part of the Northwest 1/4 of
Section 35, T4 N, R 10 E, Michigan, described as commencing at a point
on the North line of said Sec. 35, 27.1 feet East of the N.W. corner of
said Section; thence N. 86* 17'. West along the North line of said Sections,
1328.85 feet to a point; thence S. 4°, 31' 20" West along-existing fence
line, 2637.87 feet to a point in the East and West quarter Section line of
said Sec. 34, thence S. 85*, 51' East along said quarter'section line and
the continuation of the same, running along existing fence line, 1322.30
feet to a point which is 1 foot East of the East quarter post of Sec. 34;
thence N. 4 °, 33' East along existing fence line, 2647.90 feet to the point
of beginning, containing 80.2663 acres of land, more or less.
• . _ .
'COUNTY OF OAKLAND .°
A MICHIGAN CONSTITUTIONAL CORPORATION
IN THE PRESENCE OF
L.S.
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EXHIBIT
• That in no event shall.the Optionee exercise its Option
prior to June 1, 1980. That immediately upon the Optionee's
exercise of this Option the Optionee shall have complete posses—.
sion of the described premises.
Optionee shall and does indemnify and save harmless the
Optionor from any and all loss or damage to property or injury or
death of any and all persons or from any suits, claims, liability
or demands in conjunction therewith, how ever caused, resulting
directly or indirectly by reason of the Optionee's use of the
described premises, except such suits, claims, liability or
demands due solely to the negligence of the Optionor
EXHiitITn
That i 1. 1 „ r
n no ever, 4. sno2, eAe: „Ise ,:s pner :e J une 1930 .
That immediately upon the Optionee's exercise of this Option the Optionee shall have
complete possession of the described premi se s .
Optionee shall and does indemnify and save harmless the Optioner from any
and all loss or damage to property or injury or death of any and oil persons or from any
suits, claims, liability or demands in conjunction therewith, however cause, resulting
directly or indirectly by reason of the Optionee's use of the described premises, except
such suits, claims, liability or demands due solely to the negligence of the Optionor,.
The Optionee agrees that if it shall abandon the property and re-convey the
property to the Optionor, except for the failure of the Optionor to deliver marketable
sy title as set forth in the terms of this Option, the Optionee shall remove all personal
property and all debris and repair or replace as may be required, any landscaping,
fences and other improvements located on the property so that the dE.::scribed prem ises
will be restored at no expense to the Optional-, as. near as may be possible„ to a condition
as existed prior to the exercise of this Option.
Further, the Optionee agrees that upon the delivery of a Deed, it shall pay to
the Optioner the sum of Five Hundred Thousand Cs}500,000.00) Dollars for the cost of re-
locating aircraft presently on the described premises, and/or other equipment incidental
to the operation of an airport.
U the Optionee., at its option, does not elect to construct a manufacturing
facility on the premises, it shall reconvey to the County of Oakland the premises upon
the payment by the County of Oakland of the purchase price, including the sum of
Ontionee Five Hundred Thousand ($500,00,00) Dolic.ffs heretofore paid by ft-FP for reloca t ion
purposes,
#93 67 ,March 27, 1980
Moved by Wilcox supported by Perinoff the resolution be adopted.
AYES: Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand,
McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick,
Peterson, Price, Wilcox, Aaron, Caddell, DiGiovanni. (25)
NAYS: None, (0)
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 I have compared the annexed copy of
___ Miscellaneous Resolution #9367 adopted by the Oakland County Board of
Commissioners at their meeting held on March 27, 1980 .......... .••.......••.•••••••"00.4,000e•P••••"00.“•••••••0••••n .....4.
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
27th March 80 this day of 19....
Lynn D. Allen Clerk
By Deputy Clerk