HomeMy WebLinkAboutResolutions - 1974.12.05 - 15004December 5, 1974
MISC. RES. 6901
BY: BUILDINGS & GROUNDS COMMITTEE, Patrick M. Nowak, Chairman
IN RE: ACCEPTANCE OF OFFER TO PURCHASE COUNTY PROPERTY,
Lot 447 Assessors Plat 135
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the County of Oakland has received an offer from Carmen Lemos and
Felipe Lemos, his wife, to purchase County-owned property located at 105 Augusta,
Pontiac, Michigan, legal description: Lot #47 Assessors Plat 135, a replat of Steinbough
Court, and
WHEREAS, the terms of the offer are:
PRICE: $9,750.00
DOWN PAYMENT: 975.00 (Deposit $100)
BALANCE: 8,775.00 @ 8 1/2%
MONTHLY PAYMENT: $125.00 (payable within 5 years or before)
WHEREAS, your Committee recommends acceptance of the offer to purchase the
above described County-owned property.
NOW THEREFORE BE IT RESOLVED that the offer of Carmen Lemos and Felipa Lemos,
his wife, to purchase the above described County-owned property be and is hereby accepted.
BE IT FURTHER RESOLVED that the Chairman of the Board be and he is hereby authorized
to execute the necessary documents to effect said offer acceptance.
Mr. Chairman, the Buildings & Grounds Committee, by Patrick M. Nowak, Chairman,
moves the adoption of the foregoirgresolution.
BUILDINGS & GROUNDS
,
Patrick M. Nowak, Chairman
#6901
Moved by Nowak supported by Button the resolution be adopted,
AYES: Houghten, Kasper, Lennon, Moffitt, Montante, Nowak, Olson,
Fatnales, Perinoff, Pernick, Richardson, Walker, Wilcox, Berman, Coy,
Dearborn, Dunleavy, Gabler, Hobart. (19) -
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
...resolution #6901. adopted.by.the.Boarg . of . Commissioners P.11.91c.m.99tin
held on December 5, 1974 •••a 60 • a•••••sa ••ep ea Pee. .......... e • • ..... ..pemae pee 00 00 PP. • 00..0 P 00.00
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
6th ... ...... day of ..December
Lynn D. Allen ...... „... ...... ......Clerk
By ..... .......... ...... Deputy Clerk
WITH ALI-ERNA:LE Atin 'INSURANCE PROVRiii)NS • UPTON
ABSTRACT & TITLE COMPART
January day of . . , 19 75
FORM 11.5• 11 1,1..•
kg1 (V flT Made this
Description
of Premises
Terms of
P riymeni.
Seller's
Duty to
Cerrecy
To ftimich
Title -
Zeiderice
Purchaser's
Duties
To Pay Taxes
and keep
Premises
Insoied
Alterrlate
Payment
Method
Insert amount,
if advance
monthly
installment
method
of tares and
ineurance
to he adopted
Accepe.arice
of Title and
Premieee
Peruse
betw„„ COUNTY OF OAKLAND, a Mfchjuan ConslJtutional Corporation,
hereinafter referred to as the "Seller,"
whoseaddressis 1200 N. Telegraph Road, Pontiac, Michigan 48053,
and CARMEN LEMOS and TELMA LEMOS, his wife,
hereinafter referred to AS the "Purchaser,"
whose address ------173 Augusta, Pontiac, Michigan 48053, is
iilithieEM 04:
1. 'THE SELLER AGREES AS FOLLOWS: A5N-gu< xxisxmml,
(a) To sad and convey to the Purchaser land in the City of. Pontiac
On k Land .County, Michigan, described as: -
Lot #47, Assessorls .Plat 135, a repiat of Steinbau.gh,Ceurt
and Lots 139 to 149 inclusive, 197 to•220.inclusive, 258 to . _
264 inclusive, 270 to, 273Tile_iulme„.. 291 ______ __________
• and parts of Lots 265 to 269 inclusive, Sanderson and
Johnsion's Addition, part of the northwest 1/4 and part of
the southwest 1/4 of Section 29 1. City of POntiac, Oakland
- County, Michigan, as recorded in Liber 44 of Plats, Page 43,
Oakland County Records.
—
together with ell tenements, hereditsments, improvements and appurtenances, includin g all lighting fixtures, plumbing fixtures,
shades, VenFt;17 blinds, curtain rods, storm windows, storm doors, screens, awnin gs, if any, and _____________________ _____ .__________
now on the premises,
and stitject to all applicable buildin g and use restrictions, end easements, if any, affectin g the premises.
(b) That the cans4demtion for the sale of the above described premises to the Purchaser is:
NINE THOUSAND SEVEN HUNDRED FIFTY and 00/100 ($ 9750.00 )
of which the sum of NINE HUNDRED SEVENTY FIVE and 00/100 :- ($ 975.00 )
has heretofore been paid to the Seller, the receipt of which is hereby acknowled ged, and the balance of
EIGHT THOUSAND SEYEN :HUNDRED SEVENTY F VE an_d_00/10.0 7 _ Q _____ DOLLARS,
is to be paid to the Seller, with interest on an y part thereof at any time unpaid at the rate ofe ight on alf
per" cent. per annum while the Purchaser is not in default, and at the rate of e i_g_ht _ one— 8 %) per cent
per annum when and as often as the Purchaser is in default. This balance of purchase rnon.Vdnd interest shall be paid
in monthly installments of
ONE HUNDRED TWENTY F 1V E...._arld Q0/100 — (s_ 125 .00 _) DOLLARS
nVOCh, Or MOTO at Dirchaser's option, an the day of each month,
beginning 19 ; said payments to be applied
first upon interest and the balance on principal ; PROVI , the entire purchase money and interest shall be full y paid within
., 75
five (5) years from the date hereof, an ything herein to the contrary notwithstandin g.
(c) Upon receiving payment in 'full of all sums owin g herein, less the amount then due on any existing mort gage or
mortgages, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Purchaser's
assigns, a good and sufficient Warrant y Deed conveying title to said land, subject to aforesaid restrictions and easements
and subject to any then existing mortgage or mortgages, and free from all other encumbrances, except such as ma y be herein
Set forth, and except such encumbrances as shall have accrued or attached since the date hereof throu gh the acts or omis-
sions of persons other than the Seller or his assi gns.
(d) To deliver to the Purchaser as evidence of title, at the Seller's option, either a Policy of Title Insurance or
Abstract of Title, the effective date of the policy or certification date of Abstract to he approximatel y the date of this con-
tract, end issued by the BURTON ARSTRACT AND TITLE COMPANY of Detroit. The Seller shall have the ri ght to retain posses-
sion of this evidence of title durin g the life of this contract and upon demand, shall lend it to Purchaser upon the pled g -
ing of a reasonable securit y.
2. THE PURCHASER AGREES AS FOLLOWS:
(a) To purchase said land end pa y the Seller the sum aforesaid, with the interest thereon as above provided.
(b) To use, maintain and occup y said premises in accordance with an y and all restrictions thereon.
(c) To keep the pzernises in accordance with all police, sanitar y and other re gulations imposed by any governmental
authority.
(d) To pay all taxes and assessments hereafter levied On said premises before an y penalty for non-payment attaches
thereto, and submit receipts to Seller upon request, as evidence of payment thereof-also at all times to keep the buildin gs
now or hereafter on the premises insured a gainst loss and damage, in manner and to an amount approved b y the Seller, and
to deliver the policies as issued to the Seller with the premiums full y paid.
- 11 the amount of the—TSTirTirTie ry—cc-7.—st. of Taxes, Assessments and Instrr uce is inserted in the folicn-05,.—ii-4:23-tiTt;:----.
graph 2 (e), then the method of the payment of these items as therein indicated shall be adopted. If this .arttnt is not
then Paragraph 2(e) shall be of no effect and the method of payment provided in the eeecEng Paragraph 2(d)
shall be affective.
(e) To pay monthly in addition to the monthl y payments herein beftipfirs-le:Cthe sum of
Dor.t„Aaa-r-hich is an estimate a the monthly cost of the taxes, —
assessments and insurance premiums for said prerniseswhictrchall be credited by the Seller on the unpaid principal balance
due on the contract. If the Purchaser is not in.a de_1_,.uIrfinder the terms of this contract, the Seller shall pay for the Purchaser's
account, the tapes, assessments and ins yatsce—premioras mentioned in Para graph 2 (d) above when due and before any
penalty attaches, and submit rec therefor to the Purchaser upon demand. The amounts so paid shall be added to the
principal balance of this ,co- act. The amount of the estimated monthl y payment, under this para graph, may be adjusted
from time to ti g__srs--tfi—aq the amount received shall approximate the total sem re quired annually for taxes, assessments and
adjustment shall be made on demand of either of the parties and an y deficiencies shall be paid by the
1....ipon the Seller's demand.
(0 That he has examined' a Title Insurance Polic y dated December 5 1974 at 8:00 A.M. • fi YO.540çit0,:af>T4trè< C4-kciIiiK3<t6
covering, the above described premises, end is satisfied with the marketability of the title shown thereby, and has examined
the above described premises and is satisfied with the physical condition of an y structures thereon.
DOLLARS,
DOLLARS,
Jact<-
i) •
nernad ne Twar-op
COUNTY OF OAKLAND, a Mich igan
Cons t I tlit i ona 1 C9,rpo,9-Iti on .
_ ff. l i
B I : 1/./4' L ' --'", \_.._ Li. L.,-_,..,.., II ..:, „.„,
- . ...___...
Richard R., NH COX Chairman
en?•
ton' CARMEN L.E1.10S
Maintenance
Prami,e1
Mortgage by
Seller
Encumbrances
on Seller's
Title
Non-p,n,rnent
of races or
asuratce
Assignment
by Purchaser
Possession
Rlghe to
Forfeit
Acceleration
Clause
Notice to
Purchaser
A drfflionsf
Clauses
(g) To keep and maintain the premises and the buildings thereon in as good condition as they are at the date hereof
and not to commit waste., remove or demolish any improvements thereon, Or other:wise diminish the value of the Seller's
security, without the written consent of the Seller.
3. THE SELLER AND PURCHASER MUTUALLY AGREE AS FOLLOWS:
(a) That the Seller may, at any time during the continuance of this contract encorriber said land by mortgage or mort-
gages to secure not more than the unpaid brioce of this contract at the time such mortgage or mortgages are executed,
Such mortgage or mortgages shalt be payable‘,1.1 not less than three (3) years from date of execution thereof end shall pro-
vide for payment of principal end interest in monthly installments which do not exceed such installments provided for in
this contract; or on such other terms as may be agreed upon by the Seller and Purchaser, and shall be a first lien upon
the land superior to the rights of the Purchaser herein; provided notice of the execution of said mortgage or mortgages
containing the name and address of the mortgagee or his agent, the amount of such mortgage or mortgages, the rate
of interest and maturity of the principal and interest shell be sent to the Purchaser by registt,red mail promptly after
execution thereof. Purchaser will, on demand, execute any instruments demanded by the Seller, necessary or requisite
to subordinate the rights of the Purchaser hereunder to the lien of any such mortgage or mortgages. In event soid Purchaser
shall refuse to execute any instruments demanded by said Seller and shall refuse to accept such registered mail hereinbcfore
provided, or said registered mail shall be returned unclaimed, then the Seller may post such notice in two conspicuous places
On said premises, and upon making affidavit duly sworn to of such posting, this proceeding shall operate the sense as if said
Purchaser had consented to the execution of said mortgage or mortgages, and Purchaser's rights shell be subordinate to said
mortgage or mortgages as hereinbefore provided. The consent obtained, or subordination as otherwise herein provided, under
or by virtue of the foregoing power, shall extend to any and all renewals or extensions or amendments of said mortgage or
mortgages, after Seller has given notice to the Purchaser as above provided for giving notice of the execution of said mortgage
or mortgages.
(b) That if the Seller's interest be that of land contract, or SICPW or hereafter be encumbered by mortgage, the Seller
shaft meet the payments of principal end interest thereon as they mature and pro-duce evidenca thereof to the Purr-baser on
demand, and in default of the Seller said Purchaser may pay the same. Such payments by Purchaser shall be credited on
the sums matured or first maturing hereon, with interest at seven per cent, per annum on payments so made. If proceedings
are commenced to recover possession or to enforce the payment of such contract or mortgage because of the Seller's default,
the Purchaser may at any time thereafter, while such proceedings are pending, encumber said land by mortgage, securing such
sum as can be obtained, upon such terms as may be required, and with the proceeds pay and discharge such mortgage, or
purchase money lien. Any mortgage so given shall be a first lien upon the land superior to the rights of the Seller therein,
and thereafter the Purchaser shall pay the principal and interest on such mortgage so given as they mature, -which payments
shall be credited on the sums matured or first maturing hereon. When the sum owing hereon is reduced to the amount
owing upon such contract or mortgage or owing on any mortgage executed under either of the powers in this contract con-
tained, a conveyance shall be made -in the form above provided containing a covenant by the grantee to assume and agree
to pay the same,
(o) That if default is made by the Purchaser in the payment of any taxes, assessments or insurance premiums, or in
the payment of the sums provided for in Paragraph 2 (e), or in the delivery of any policy as hereinbefore provided, the
Seller may pay such taxes or premiums or procure such insurance and pay the premium or premiums thereon, and any sum
or sums so paid shall be a further lien on the land and premises, payable by the Purchaser to the Seller forthwith with
interest at the rate applicable during Purchaser's default as set: forth in Paragraph l (b) hereof.
(d) No assignment or conveyanOe by the Purchaser shall create any liability whatsoever against the Seller until a dup-
licate thereof, duly witnessed and acknowledged, together with the residence address of such assignee, shall be dolivereel to
the Seller. Purchaser's liability hereunder shall not be released or effected in any way by delivery of such assignment, tar
by Seller's endorsement of receipt and/or acceptance thereon,
(a) The Purchaser shall have the right to possession of the premises from and after the date heroof, unless otherwise
herein provided, 4nci be entitled to retain possession thereof only as long as there is no default on his part in carrying out
the terms and conditions hereof. In the event the premises hereinahrive described ere vacant or unimnitn,-ed, the Purchaser
shall be deemed to be in constructive possession only, which possessory right shall cease and terminate after service of a
notice of forfeiture of this contract. Erection of signs by Purchaser on vacant or unimproved property shall not constitute
actual possession by him.
• (f) If the PurchaSer shall fail to perform this contract or any part thereof, the Seller immediately after such dastilt
shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improve-
ments that may have been made upon the premises, together with additions end accretions thereto, end consider and treat
the Purchaser as his tenant holding over without permission and. may take immediate possession of the premises, and the
Purchaser and each and every other occupant remove end put out. In all cases where a notice of forfeiture is relied upon
by the Seller to terminate rights hereunder o service of such notice shall be preceded by a notice of intent to forfeit the
contract-served at least ten days prior thereto.
(g) If default is made by the Purchaser and such default continues for a perind of forty-five days or more, and the
Seller desires to foreclose this contract in equity, then the Seller shall have at his option the right to declare the entire unpaid
balance hereunder to be due and payable forthwith, notwithstanding anything heroin contained to the Contrary.
(h) The wife of the Seller, for a valuable consideration, joins herein and agrees to join in the execution of the deed
to be made in fulfillment hereof,
(1) Time shall be deemed to be of the essence of this contract.
(j) The individual parties hereto represent themselves to be of full age, and the corporate parties hereto represent
themselves to he valid existing corporations with their charters in full force and effect,
(it) Any declarations, notices or papers necessary or proper to terminate, accelerate or enforce this contract shall be
presumed conclusively to have been served upon the Purchaser if such instrument is. .enclosedin an envelope with postage
fully prepaid, if said envelope is addressed to the Purchaser at the address set forth in the heading of this contract or at
the latest other address which may have been specified by the Purchaser and raceipted for in writing by the Seller, and if
said envelope is deposited in a United States Post Office Flax,
( 1) Purchaserar a -es to purchase property i D .s en n its ret cond. t ion (I) ....... ____ _ .F
The pronouns and relative words herein used are written in the mescaline arid singular only. If more than one join in
the execution hereof as Seller or Purchaser, or either be of the feminine sex or a corporation, such words shall be read as if
written in plural, feminine or neuter, respectively. The covenants hcrein shrill bind the heirs, devisees, legatees, assigns and
successors of the respective parties.
'flMittil.efi tr4irrrrti, the parties hereto have executed this contract in duplicate the day and year first above
written.
Use thi3
Ack.rw,tv 1.d 4-
raen t Form
for
CorporaCiens
My Commi7.7ion aspires 9-19-75
Bernadine Twarog
Oakland N°1.- tCYlzbl ic,
County, Michigan
Act
Form
'or
f
STA.Ti;
COUN TY 're
OH thiS_____:Z._.._.. . day of January in the year One Thousand Nine I/undred_Seventy7F i ye
before roe, the subscriber, a Notary Public in and for said County, app-eared
CARMEN LIMO'S and FELIPA LEMOS, his wife
to me known to be the persen_Sdescribeci in and who executed the foregoing instrument end respectively at,r4ledged the
. Th I r e]:ecution thereof to be... e free act and deed, and who hav.e-Nworn that they are overWyears of age.
•
7
My commission 9/18/78
JWCR-C-. flays
Ohki and
C.
___
Notary Public,
County, Michigan
STATE OF MICIfiCiAN
Oakland
COUNTY _____________
On ____________ __ day of December in the year One Thousand Nine fiundred5OVUTI -F.C"--1,1-
before sire, tha subscriber, a Notary Public in and for said County, personally appeared __
Richard R, Wilcox
and__ _______ _ _____ _________ to ma personally icnovvn, who being by me duly sworn did say that they are
Chairman f e, County of Oakland _ and ___________ e
, and that the seal affix&..1 to said instrument is the corporate seal of said corporation,
and that said instrument was s igned and sealed in behalf of said corporation, by authority of its board of directors, and
Richard R. WilcQx and
acknowledged said instrument. to be the free act and deed of said corporation,
Drafted b-Y: tack C, Hays Business address: 1200 N. Telegraph Road
Pontiac, Michigan 48053
PAYMENT SCHEDULE
PAY-A.71LE Oakland County Reimbursement Division AT
1200 N, Telegraph Road Pontiac, Michigan 450-53 Unles,s ri6tified by Seller in writing to the contrary.
INTEREST PRINCTEAL riAtAncnOE PAYING DAM PAYMENTS SIGNATURE PAYMENTS PATINCIPAL iNTEREST TO IZste R I — By
6...„775 00
_
_
_
_
....
SepArate plyrnent n.chedrerl will be furnished upon request by the BURTON ABSTRACT A.741D TITLE CO.
967)0(act
WITH ALTERNATE TAX AND INSURANCE
PROWSIONS
..
2/
L :.:._,„.:,:,,...,....„.„..: ,..„.
ABSTI1ACT A 'NILE COMPANY
ABSTRACT TITLE COMPANY
DETROIT AREA OFFICES
WAYNE COUNTY
350 Congress St., East
DETROIT 48226
Phone 9(14-5000
(Ares Code 313)
DOWNTOWN
751 Griswold St.
DETROIT 48226
Phone 964-5000
(Area Code 313)
Dr:ARS-301w
23520 Michigan Ave.
DEARBORN, MIcIl, 48128
Phone 562-7017
(Area Code 313)
.EAST SIDE
1.0440 Whittier Ave.
DETROIT 48224
Phone 527-7323
(Area Code 313)
WEST SIDE
19260 Grand River
DETROIT 46223
Phone 537-1900
(Area Code 313)
MICHIGAN REGIONAL OFFICES
CALHOUN COUNTY
15 2/2 Capital Avenue, N.E. BATTLE CREEK, MICHIGAN 49014
Phone 965-2313 (Area Code 616)
GENESEE COUNTY
1221 Beach Street
FLINT, MICHIGAN 48503 Phone 239.4646 (Area Code 313)
KENT COUNTY
One The Trust Bldg.
Ga.ANo RAPIDS, MICHIGAN 49502
Phone 451-2591 (Area Code 616)
MACOMB COUNTY
118 Cass Avenue
MT. CLEMENS, MICHIGAN 48043
Phone 463-8623 (Area Code 313)
8242 East 12 Mile
WARREN, MICHIGAN 48093
Phone 757-1640 (Area Code 313)
SAGINAW COUNTY
406 First Savings & Loan Bldg. SAGINAW, MICHIGAN 48607
Phone 755-7704 (Area Code 517)
CHEBOYGAN COUNTY
318 Main Street CHEBOYGAN, MICHIGAN 49721 Phone 627-7181 (Area Code 616)
INGHAM COUNTY
Suite 5A Southland Complex 633 E. Jolly Road, LANSING, MICH, 48911)
Phone 393-8000 (Area Code 517)
LAPEER COUNTY
270 North Court LAPEER, MICHIGAN 48446
Phone 664-8547 (Area Code 313)
IvIUSKEGON COUNTY
1042 Terrace Street
IvlusanooN, MICHIGAN 49443
Phorse 772-1121 (Area Code 616)
WASHTENAW COUNTY
116 North Fourth Avenue
ANN ARBOR, MICHIGAN 48108 Phone 663-9395 (Area Code 313)
CLINTON COUNTY
119 N. Clinton Street ST. JOHI,S, MICHIGAN 48879 Phone 224-3294 (Area Code,517)
JACKSON COUNTY
414 South iaason Street JACKSON, MICHIGAN 4920.1
Phone 789-6113 (Area Code 517)
LENAWEE COUNTY
118 West Maple Avenue AantAix, MiCHISAN 49221 Phone 265-6104 (Arta Code 313)
OAKLAND COUNTY
1550 North Woodward Avenue BIRMINGHAM, MICHIGAN 48011
Phone 647-2100 (Area Code 313)
4626 W. Walton Blvd, DRAYTON PLAINS, MICHIGAN 48020 Phone 674-4147 (Area Code 313)
C.>
1A-1—j
irk
CITY OF DETROIT TAXES become a lien
Ott July 15th and are payable from that date
to August 3Ist without penalty. This tax
may be paid in two parts, without interest,
if one-half is paid on or before August 15th,
and the second half paid on or before Janti-
ary 15th. The fiscal tax year is July 1st to
June 301h.
WAYNE COUNTY TAXES become a lien
on December 1st and are payable from that date to January. 15th without penalty. The
fiscal tax year is December 1st to November 30th.
• THE -
ALTERNATE TAX AND INSURANCE
PAYMENT METHOD
A choice of methods for payment of
taxes and insurance is provided by this
contract.
METHOD—Direct payment by
Purchaser
H the purchaser is to pay taxes and
insurance, the blank space in Paragraph
2 (a) should be left blank.
SECOND METHOD—Installment Pay-
ment M Seller
If the purchaser is to pay taxes and
insurance to the Seller in installments, the
estimated monthly installment should be
entered on the blank space in Paragraph
2 (e).
Accounting: Such installments should
be included with principal payments and
deducted from the unpaid principal when
paid. When the Seller pays taxes or insur-
ance, the amount paid should be added to
the unpaid principal, and a note of the item
paid should be made in the margin.
If this Second Method is used, it may
be desirable for the Purchaser, at the time
of closing, to advance enough money for
taxes and insurance, so that said advance-
ment plus installments to become due will
be sufficient to cover the first year's taxes
and insurance.
t.4.1
Rnag^r
TiTLE INSU RANCE
A BST RA 07-5
ESCROws,