HomeMy WebLinkAboutResolutions - 1982.12.02 - 13440December 2, 7982
Miscellaneous Resolution #82,376
BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: WATERFORD TOWNSHIP EASEMENT AGREEMENT AT OAKLAND/PONTIAC AIRPORT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has property at 6500 Highland Road,
Waterford Township, Michigan, known as the Oakland/Pontiac Airport; and
WHEREAS the Charter Township of Waterford, 5200 Civic Center Drive,
Drayton Plains, is requesting an easement on County property at the Oakland/
Pontiac Airport for the purpose of installing, operating and maintaining a
sanitary sewer line; and
WHEREAS the Airport Committee has reviewed and approved the easement
request.
NOW THEREFORE BE IT RESOLVED that the County of Oakland Board of
Commissioners authorizes the Chairperson of the Board of Commissioners to
execute an easement agreement with Waterford Township in consideration of
One Dollar ($1.00) for an easement for the purpose of sanitary sewer installa-
tion, operation and maintenance. •
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
EASEMENT AGREEMENT
THIS INDENTURE, made this day of
A.D., 1982, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Party of the First Part, whose --
address is 1200 North Telegraph Road, Pontiac, Michigan 48053, .
and CHARTER TOWNSHIP OF WATERFORD, a Municipal Corporation, Party
of the Second Part, whose address is 5200 Civic Center Drive,
Drayton Plains, Michigan 48020.
WITNESSETH:
That the said Party of the First Part, for and in con-
sideration of the sum of One Dollar ($1.00) and other valuable
consideration to it paid by the said Party of the Second Part,
the receipt whereof is hereby confessed and acknowledged, does by
these presents grant unto the said Party of the Second Part, its
heirs, successors and assigns, an easement for the installation
of sanitary sewer under and through certain parcels of land in
the Township of Waterford, Oakland County, Michigan, situated and
described as follows, to-wit:
The South 20' of Parcel 13-17-351-001 adjacent
to the North R.O.W. line of Highland Road and
shown on the attached Exhibit "A".
• which easement shall be for the purpose of installing at the ex-
pense of said Party of the Second Part an eight-inch sanitary
.sewer line beneath the surface of the ground, and which easement
includes the right of access in the said Party of the Second
Part or its assigns to go upon the land of the said Party of the
First Part for the purpose of installing, repairing and maintain-
ing said sanitary sewer facility; provided, that the granting of
the above easement does not vest in the Party of the Second Part
authority to use any portion of the land for purposes other than
herein designated.
IT IS FURTHER AGREED by and between the parties hereto
that, after installation of the above-described sanitary sewer,
and after any maintenance performed on said sanitary sewer by the
Party of the Second Part, the ground surface over said easement
will be restored by the Party of the Second Part to the condi-
tion which existed prior to the installation or maintenance of
the sewer, including replacement of damaged or disturbed vegeta-
tion, including ornamental vegetation, removal of debris and
surplus dirt created by the above-described installation, and .
compacting the backfill to prevent future settling, or interrup-
tion of the natural flow of surface water.
IT IS FURTHER AGREED by and between the parties hereto, .
and in consideration of this Agreement, the following terms and
conditions obtain:
l. Party of the Second Part shall locate all
underground utility services prior to ex-
cavation, by means of existing records, for
the purpose of avoiding accidental inter-
ruption of such services. Party of the
Part shall be given 24-hour notice should
interruption of such services be required
for the proper installation of the sewer
line. Interrupted services shall be re-
turned to the previously existing condition.
2. All excavation and related activities shall
take place within the boundaries of the
easement. Any damage to items beyond the
boundaries of the easement shall be repaired
and returned to their previously existing
condition.
This Agreement shall be binding upon, and inure to the
benefit of the parties hereto, their successors, assigns, heirs
and personal representatives.
-2-
/ / 't/
IN WITNESS WHEREOF, the said Party of the First Part
signed these presents the day and year first above written.
IN THE PRESENCE OF: COUNTY OF OAKLAND
_ -- By:
RICHARD R. WILCOX, Chairman
Oakland County Board of
Commissioners
STATE OF MICHIGAN)
) SS.
COUNTY OF OAKLAND)
The foregoing instrument was acknowledged before me
this day of , A.D., 1982, by RICHARD R.
WILCOX, Chairman of the Oakland County Board of Commissioners,
a Michigan Constitutional Corporation, on behalf of the said
corporation.
, Notary Public
Oakland County, Michigan
My Commission Expires:
_
_
-(551 V-11 _
• 15.7.11 " L._7717.1
.i.
1
-
this 2nd day of Dr/mber
Lynn D. Allen, County Clerk/
Register of Deeds -
, 1982 #82376 December
- Moved by Hobart supported by Peterson the resolution be adopted.
AYES: Aaron, Caddell, Calandro, DiGiovanni, Doyon, Fortino, Geary, Gosling,
Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Olsen, Page,
Pattecson, Perino'ff, Pernick, Peterson, Price, Wilcox. (24)
NAYS: None. (0)
A sufficient majority having voted therefor., the resolution was adopted.
STATE OF WMAN1
COUNTY OF OAKLAND)
f, 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 #82376 adopted by the Oakland County Board of
Commissioners at their meeting held on December 2, 1982
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, f have hereunto set my- hand a.nd affixed
the seal of said County at Pontiac, Michigan