HomeMy WebLinkAboutResolutions - 1977.05.19 - 13300Miscellaneous Resolution 7963 May 5, 1977
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairman
IN RE: CONSUMERS POWER'S EASEMENT AGREEMENT AT 196 OAKLAND AVE., PONTIAC, MICH.
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland has property at 196 Oakland Avenue,
the City of Pontiac; and
WHEREAS the Consumers Power Company furnishes power to the facilities
on Oakland Avenue; and
WHEREAS the Consumers Power Company requires an easement for their
cables to furnish such powers.
NOW THEREFORE BE IT RESOLVED that the County of Oakland Board of
Commissioners authorizes the Chairman of the Board of Commissioners to execute
an easement agreement with Consumers Power Company in consideration of
ONE ($1.00) DOLLAR for an easement for the purpose of running necessary
electricial cables to furnish power to the Oakland Avenue office building.
The Planning and Building Committee by Richard R. Wilcox, Chairman,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairman
EASEMENT
Grantor, in consideration of One and no/100
Dollazs ) to li"iiii-a-hand paid by CONSUMERS POWER COMPANY, a Michigan corporation, 212 W .r.:.st Michigan
Avenue, Jacirson, Michigan, Grantee, the receipt of which is hereby aelmowledged, Conveys and Warrants to Grantee, its succes-
sors and assigns, Forever, the easement and right to lay, construct, maintain, repair, remove, patrol, improve and enlarge under-
ground cables, conduits, wires, conductors, surface-mounted pedestals, subsurface junction vaults, subsurface transformer vaults
and transformers, together with concrete pads or other supports therefor, and other fixtures and appurtenances for the purpose of
1:Transmitting and distributing electricity and/or conducting a communication business on, in, under, over, through and across the
following described parcel of land, including all public highways upon or adjacent to said land, which land is situate in the
0 -7 1.7 of Pontiac ,lyrity of Oakland
and Sta-r:e- of -Michigan, to —
A parcel of land located in the NE 5-1- of Section 29, T31f, R10E, City of Pontiac, Oakland
County, ,!lichigan, and being more particularly described as follows: Commencing at the
Northwesterly corner of Oakland Avenue (width varies) and Clark Avenue (50 feet wide),
at the Southeasterly corner of Lot 1 of "Assessor's Plat No. 32" (Liber IA of Plats,
Pane 32, Oakland County Records), proceeding thence N 44 degrees 35' 16" W59 .,o feet
to the Point of beginning; thence continuing N 44 degrees 35' 16" W 101.35 feet along
the Northerly line of said Oakland Avenue; thence N 22 degrees 32' 06" E 489.07 feet
along said Easterly right of way line of the Grand Trunk -Western Railroad. (50 feet wide);
thence N 80 degrees 23' 12" E 351.91 feet to a point on the Westerly line of Stockwell
Avenue (width varies); thence S 00 degrees 10' 03" Vi 125.00 feet along said Westerly line
of Stockwell Avenue; thence N 89 degrees 49' .52" W 135 feet; thence S 00 degrees 10' 08"W
169.67 feet: thence N 88 degrees 24' 28" W 34.92 feet ; thence S 45 degrees 58' 28" W
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&i?f- 77-no-re -spree.; fe,-1,1ews:
70.29 feet; thence S 45 degrees 15' 31" W 269.55 feet; thence s 44 degrees. 49' 27" W
71,60 feet to P.O.B.
The route to be taken by said underground cables, conduits,. wires and conductors on, in,
under, over, through and across said land being more specifically described as follows:
Commencing at the Northwesterly corner of Oakland Avenue and Clark Avenue, at the.
Southeasterly corner of Lot I . of "Assessor's Plat No. 32" (Liber IA, Page 32, Oakland
County Records), proceeding IT 44 degrees 16" H along the Northerly line. of Oakland
Avenue, a distance of 59.86 feet; thence N 44 degrees 49' 27" E, a distance of 71_60
feet; thence N 45 degrees 15' 31" E, a distance of 269.55 feet; thence N 45 degrees
53 , 23" E 42.29 feet to point, of beffinning; proceeding - thence N 45 degrees 53' 28" E,
•:1stanee of 28 feet; thence S 88 dP0,-,-ees 24' 28" E, a distance of 34.92 feat; thence
N 00 decrees 10' 08" E, a distance of 6 feet; thence N 88 degrees 24 28" W, a distance
of 46.09 feet; thence S 45 degrees 58' 28" W, a distance of 23.81 feet; thence S 44
0:1 ' 32" E, a distance of 12 feet to point of beginning.
Sajlef'in-rt'ace-mounted pedestals, subsimface junction vaults, subsurface transformer vaults, transformers, transformer pads or other
suonorts, and other fixtures and appurtenances shall be constructed at such locations along said route as may be required.
Also conveying the right to trim, remove, destroy, or otherwise control any trees, roots, brush - or other vegetation whic
may, in the opinion of Grantee, interfere or threaten to interfere with or be hazardous to the construction, operation and mainte-
nance of said facilities.
Grantor hereby agrees that no buildings or other structures will be placed over said facilities and that no buildings or
other structures will be placed within such close proximity to any of said facilities a,s to interfere with or, in the opinion of Grz.nto
threaten to interfere with the construction, operation or maintenance of said electrical and/or communication facilities,
Grantor covenants and agrees that the average ground elevation within 6 feet of any such cable, conduit, wire, conduct
or other underground facility will be Maintained at a level not to exceed 12 inches above or 6 inches below the level established
the "thne of installation of said underground facilities. Grantor further covenants and agrees to maintain the E,:t.o73n€1 eicvati
in an area 4 feet wide around any transformer pad, subsurface transformer, junction vault or other support at an elevation of not Is
than 8 inches and not more than 6 inches below the base of any transformer mounted on a pad or other support and not more than
6 inches below the top of any subsurface transformer or junction vault. It is further agreed that nonuse or a limited use of the ease.
meet hefein granted shall not prevent Grantee from later malsing use of this easement to the full extent herein 'authorized..
Wri-en applicable, pronouns and relative words used herein shall be read as plural, feminine or neuter.
IN WITNESS WHEREOF, Grantor has executed this instrument or has caused this instrument to be executed by its
President, and its corporate seal to be hereunto affixed and attested by its
Seorrerr,ry day of •
Sr.
L
(INDIVIDUAL ACKNOWLEDGMENT)
STATE OF MICHIGAN , )
) ss.
County of )
On this day of - • 19 , 'before me, a Notary Public of 7
Michigan, acting in County, personally appeared
to. me. known to be the person described in and who executed the foregoing instrorry-ut and acknowleded that
executed the same as — free act and deed_
County, •
Notary Public,
My commission expires
• (CORPORATE ACKNOWLEDGMENT)
County. Michigan
STATE OF MICHIGAN
• ? County of
On this day of 19 , before me, a Notary Public in and for
County, acting in County, personally appeared >.
to me personally known, who being by me duly sworn, did say that he is President of
, the corporation named in and which executed the within instrument, and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said cor-
poration by authority of its Board of Directors; and said acknowledged said in- -
strument to be the free act and deed of said corporation.
Notary Public, County, Michigan
My commission expires
9,1_1153
ogsnorit
1/4 10
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#7963 May 19, 1977
Moved by McConnell supported by Roth that Resolution #7963 be adopted.
AYES: Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Patterson,
Peterson, Price, Roth, Simson, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline,
Hoot, Kelly, (20)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #7963 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 #7963 adopted by the Oakland County Board of
OP.OW OOOOO
. Commissioners at their meeting held . on May . 19,.1977 ......... .....
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
19th 19 77 this............ ......... day of May
Lynn D. Allen.... ...... ----Clerk
By... Deputy Clerk
HERB( APPROVE.THE FOREGOING RESOLUTION
„elf r
1.