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Home My WebLink AboutResolutions - 1972.06.15 - 15817The Planning and Building Committee, Charlie J. Harrison, g Chairman, reports Miscellaneous by June 15, 1972 REPORT By Mr. Harrison IN RE: RESOLUTION #6027 - AUTHORIZING BOARD OF AUDITORS TO SIGN LICENSE AGREEMENT WITH GRAND TRUNK WESTERN RAILROAD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Resolution No. 6027 with the recommendation that the resolution be adopted. PLANNING AND BUILDING COMMITTEE Charlie J. Harrison, Jr„ Chairman -2 - Miscellaneous Resolution 6027 BY: PLANNING & BUILDING COMMITTEE - Ch May 18, 1972 rile J. Harrison, Jr. , Chairman IN RE: AUTHORIZING BOARD OF AUDITORS TO SIGN LICENSE AGREEMENT WITH GRAND TRUNK WESTERN RAILROAD TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS it is necessary to cross the right-of-way of the Grand Trunk Western Railroad Company in order to install a power line to service the County Pontiac Office (Social Services) Building; and WHEREAS a license agreement must be executed between the County of Oakland and the Grand Trunk Western Railroad Company for permission to cross the railroad right- of-way and your Committee so recommends; NOW THEREFORE BE IT RESOLVED that the Board of Auditors be and they are hereby authorized, on behalf of the County of Oakland, to execute an agreement with the Grand Trunk Western Railroad Company, form attached hereto, for the crossing of railroad right-of-way to install a power line to the County Pontiac Office (Social Services) Building at a cost to the County for the first 10-year period or fraction thereof of $110.00 and thereafter a sum of $10.00 for each ten-year period or fraction thereof. The Planning & Building Committee, by Charlie J. Harrison, Jr. „ Chairman, moves the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE Mr. Harrison requested that the resolution be referred to the Finance Committee. There were no objections. • r7"'"""''' ,//,`,2, 4/ //,,h I f II 1. ;// / r/- 7 hic r10 6 /70! GRAND TRUNK WESTERN RAILROAD COMPANY DIVISION SUBDIV7SION 7,:\T:i) CDUDD O1 PLAN NO. SCALE_ — FILE NO BOUNDARIES OF G. T. W. R. R. CO. . • quemateseere* ii 6 ID . r. nd Constwction OVERHEAD WIRES L-159-42I For In G. T. R. 3077 THIS LICENSE, effective the 12th day of, E April , 19.72— WITNESSETH: That the GRAND TRUNK lilESTKiN RAILROAD CULPAN/10 a Michigan CorpQration — ...... . .. . ,hereinafter called the "Licensor," licenses and permits the OAKLAND COUNTY BOARD OF AUDITORS One Public Worke. 0._Michigan 48054 , hereinafter called the "Licensee," to install, maintain and use a power line consisting of 34100 4 AcSkil ao o-voit wires and 1—_No. ACSR Neutral Wire with supporting poles, towers, and appurtenances, overhead, Upon, along and (or) across the right of way and tracks of the Licensor at Pontiac (Mile Post 0p43) 1 in the County of Oakland State of Michigan the particular character and location of said facilities hereby liOnsed being indicated on the attache. , which is hereby made a part hereof. P n L..22-72 This license is granted upon the following terms, assent to which is signified by the signature of the Licensee, through its duly authorized officials. 1. The Licensor shall be put to no expense whatever in installing, maintaining, repairing, renewing or remov- ing the said power to be borne by the Licensee, line and the other facilities hereby licensed. All expense thereof is 2. Said. power line shall be installed, erected and at all times maintained at an elevation of not less than 46 . _feet above the top of the rails of the Licensor's tracks, and no pole, anchor, or any structure whatever shall be installed, erected or maintained with less than a lateral clearance of 10 feet from the nearest rail of any track of the Licensor, and each and all of the said power line, poles and towers and their appurfenanees connected therewith, shall be installed, erected and thereafter maintained at all times in perfect condition of repair and in a manner satisfactory to and subject to the approval and inspection of the Licensor's Chief Engineer and the Lieensor's Superintendent of Railway Telegraph Service, and also in a manner and according to the specifications and approval of the public authorities having State and Local jurisdiction over such lines in said State of Niohigaa. 3. In case of any inductive interference with the telegraph or telephone wires of the Licensor, or in case of any interference in any way with the maintenance, operation or use by the Licensor of its right of way, tracks, struc- tures ; or other property, or property in its care, resulting from the power tine, poles or towers and their appurtenances hereby licensed, then in that case the Licensee, at its own expense, agrees to take any.steps necessary to eliminate such interference 4. The Licensee hereby indemnifies and agrees to save and keep the Licensor harmless from any loss to property of the Licensor, Licensee or third parties, or from having to pay any money to persons whether employees of the Licensor, Licensee, employees of Licensee or third parties, based upon the proof or allegation that any person or property has been injured or damaged by reason of the installation, maintenance, repair, renewal or removal of the facilities hereby licensed, or by reason of the sagging or breaking of said power line, or by reason of the condition of said power line and other facilities hereby licensed, or by reason of said power line and other facilities', being over, along, across or on the right of way of the Licensor, no matter how caused. This indemnity shall include liability for injury and damage to persons or property arising under the common law, or State or Federal statutes, and shall be in force and effect regardless of any negligence of employees of the Licensor in the premises. The Licensee undertakes and agrees that in case claim is made or suit is instituted against the Licensor for said injury Or damage the Licensee will, upon notice from the Licensor, settle, adjust or defend the same at its sole cost and expense and without expense to the Licensor and will pay any judgment rendered therein together with costs of court. 5. This license is given for the period of one year and thereafter from year to year, but at all times the same hiy (30) trt may be revoked by the Licensor, or cancelled by the Licensee, npori days' previous written notice of such intention, any notice to be given to the Licensor hereunder to be addressed only to its Property and Tax Commissioner, at Detroit., Michigan, who, it is understood, constitutes its agent for such purpose, and provided, further, that the Licensor may at any time designate!, another agent for such purpose. 6. On the cancellation or revocation hereof, the Licensee, at its own expense, agrees to remove the said power line, and its other facilities hereby licensed, from the land of the Licensor, leaving the Licensor' s premises in a neat, clean and level condition. If the Licensee shall fail so to do within twenty (20) days after the cancellation or revocation hereof, then the Licensor May do the work specified and the expense thereof will be repaid to the Licensor by the Licensee within thirty (30) days after bill for same is rendered. Signed, sealed and delivered in the presence of: GRAND TRUNK WESTERN RAILROAD COMPANY, a Michigan Corporation - w X1 Previously approved by LEGAL DEPT. the Law Department, AS TO FORM / CHIEF ENCR, 14EAL-E-STAfE1 TAX DEPT. G. 7'. W. APPROvALS 0 E-4 first ten. • 7 -P9r the priyileges herein", contained the Licensee agrees to pay the Licensor, in advance, for thelfrr, "nenLed 9f. 1:1-a,:ti9n thereof sum of TT HUNDRED T ($110,00) DOLLARS and p:::!riod or fraction thereof thereafter&r.—.1-77-.:fra ,.,11-n,rrer7 the sum of TEN (yOsX9). p.oLLARa__. 8. This license shall inure to the benefit of and be binding upon the successors, heirs and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed the within license r effective as of the day and year first above written. BY Its . Manager of Real Estate & Tax OAKLAND COUNTY BOARD OF AUDITORS BYX Its - CI 4) al REPORT BY: FINANCE COMMITTEE Alexander C. June 15, 1972 Perinoff, Chairman IN RE: MISC. RES. #6027 - AUTHORIZING BOARD OF AUDITORS TO SIGN LICENSE AGREEMENT WITH GRAND TRUNK WESTERN RAILROAD TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule 11,C, the Finance Committee reports that funds are available in the current departmental budget to cover costs referred to in Miscellaneous Resolution #6027 and therefore it is not necessary for a fiscal note to be attached to said resolution. FINANCE COMMITTEE • #6027 6," Moved by Harrison supported by Gabler that Resolution #6027 be adopted. 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 Resolution #6027 adopted by the Oakland County Board of Commissioners 0.0011-••••••••••••••••••n 00•••••• 040•••••••••••••••••••00•81n 2•••••••••••••••••• at their June 15, 1972 meeting 00•6••n ••n••PDP“••••."•.••••••••n ••••••••••••••••••••n••••••n••.•ve.se•¢0..eeee• .17 e with the original record -thereof now remaining in my office, and that it is aitrue 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 16th •• •„1 nf June Lynn D, Alle des, o'regoa •B• v • • "ce*.seitec....Clerk „.„,„„„,.....Deputy Clerk