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HomeMy WebLinkAboutResolutions - 1970.08.20 - 16356August 20, 1970 RESOLUTION NO, 5457 BIG LAKE LEVEL CONTROL PROJECT BY; PUBLIC WORKS COMMITTEE- Mr. Horton TO THE OAKLAND COUNTY BOARD OF COMTSSIONERS MR, CHAIRMAN-, LADIES AND GENTLEMEN: 3, all legal requirements relative to the determination of the normal height and level of Big Lake, pursuant to the provisions o± Act 146 of the Public Acts of 1961, as amended, have been complied with; and WHEREAS, the County Board of Supervisors, by Miscellaneous Resolution. No 5000 adopted on February 14, 1969, authorized and approved all actions heretofore taken by the Drain Commissioner in connection therewith; and WHEREAS, the facilities and appurtenances necessary for the adequate control of the normal level of said Big Lake have been completed and are presently operational; and WHEREAS, the County of Oakland did acquire, by purchase, the title to a Darcel of property for the purpose of locating and con- structing thereon those control facilities and appurtenances necessary for the adequate regulation of the normal height and level of said Bin Lake and did further acquire a permanent right-of-way for the purposes of ingress and egress to such control facilities and tem- porary rights-of-way for construction purposes; and WHEREAS, an as built" inspection of the site encompassing the control devices indicates an error in survey of same and that such error is reflected in the description of the right-of-way ac- quisition and in the deed to said property; and 17,LT. WHEREAS, the owner of the property from whom the right-of-way was acquired and the control site purchased is aware of such error in description. and has indicated to the County of Oakland his will to have such error corrected. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1, That the Drain Commissioner be authorized to take such action as he may consider necessary to correct the description of the right-of-way acquired by the County of Oakland in regard to the Big Lake Level Control facilities. That the Drain Commissioner he authorized to take such action as he may consider necessary to correct the description of property acquired in fee by the County of Oakland and on which the present Bid Lake Control facilities are located. 3, That the County of Oakland, through its Board of County Commissioners quit claim to Harold H. Weine and Patricia Weine, his wife, and David M. Weine and Esther Weine, his wife, 17035 George Washington Street, Southfield, Michigan 48075, its interest in the original right-of-way acquired by the County of Oakland and described DESCRIPTION OF PROPERTY. S 1/2 of SW 1/4 of Section 28, Sprinofidd Township, T4N, R8E, Oakland. County, Michigan, except that part in "Hensel Subdivision No 1", also except Beginning at Southwest corner of Lot 47 of said subdivision, thence N 87" 33' W 200 feet, thence N 74 0 36' W 77.10 feet, thence N 13 ° 25 W 286.90 feet to shore of Bid Lake, thence Easterly along: shore 400 feet to Northwest corner of Lot 47, thence S 5 ° 53' 30" W 216 feet to beginning, also except that part platted into "Weine's Subdivision". PERMANENT EASEMENT GRANTED Beginning at a point distant N 89' 36' 00" E 735.81 ft along the South line of Section 28 from the East line (extended) of "Weine's Subdivision", said point being on the South line of Section 28, thence N 06 ° 56' 00" 343.00 ft, thence N 59' 04' 00" W 65.00 ft, thence N 30' 56' 00" E 40.00 ft, thence S 59' 04' 00" E. 47.19 ft, thence N 06 ° 56' 00" E 36,21 ft to a point (said point is approximately 60 ft North of Shoreline), thence S 83' 04 00" E 40.00 ft; thence S 06' 56' 00" W 110.00 ft; thence S 83 ° 04' 00" E 20.00 ft, thence S 06 ° 56' 00" W 20.00 ft, thence N 83' 04' 00" W 20.00 ft, thence, S 06° 56' 00" W 290.19 ft, thence S 89° 56' 00" 40.30 ft along the South line of Section 28 to the point of beginning, except a parcel described as: Beginning at a point distant N 89' 56' 00" E 735.81 ft along the South line of Section. 28 from the East line (extended) of "Weine's Subdivision" and N 06' 56' 00" E 353.00 ft, thence N 06 0 56' 00" E 35.00 ft, thence S 83" 04' 00" E 40.00 ft, thence S 06 0 56' 00" W 35.00 ft, thence N 83' 04' 00" W 40,00 ft to the point of beginning. TEMPORARY EASEMENT GRANTED A strip of land 60 ft wide (except the previously described permanent easement) the centerline of which is described as: Beginning at a point distant N 89" 55' 00" E 761.00 it along the south line of Section 28 from the East line (extended) of "Weine's Subdivision", said point being on the South line of Section 28, thence N 06' 56' 00"B 421.03 ft to the point of ending. (Said point of ending is approximately 6(3. ft North of Shoreline). TEMPORARY EASEMENT GRANTED A strip of land 60 feet wide (except the previously described permanent easement) the centerline of which is described as: Beginning at a point distant N. 89' 56' 00" E 761.00 ft along the South line of Section 28 from the East line (extended) of "Weine's Subdivision", and N 06 ° 56' 00" E 352.69 ft, thence N 59 0 04' W 83.47 if to the point of ending. 4. That the County of Oakland, through its Board of County Commissioners, quit claim to Harold H. Weine and Patricia Heine, his wife, and David M. Weine and Esther Heine, his wife, 17035 George Washington Street, Southfield, Michigan, its interest in the property acquired in fee by the County, and on which the present Big Lake control facilities should have been located, and which is described as: Part of the S 1/2 of the SW 1/4 of Section 28, Springfield Township, T 4 N, R 8 E, Oakland County, Michigan, described as Beginning at a point distant N 89 °56'00" 8 735.81 It along the South line of Section 28 from the East line (extended) of "Weine's Subdivision" and N 06 ° 56' 00" E 353.00 ft, thence N 06' 56' 00" E 35.00 ft, thence 5 83" 04' 00" 17", 40.00 ft., thence S 06' 56' 00" W 35.00 ft, thence N 33' 04' 00" W 4000 ft to the point of beginning. Containing 0.03 acres. on, Chairman BE IT FURTHER RESOLVED that the Oakland County Drain. Commissioner be directed to obtain a new conveyance of a. xight-of-way for ingress and egress to the as built" structure and a new conveyance of fee title to the property upon which the structure is presently located. CHAIRMAN, on behalf of the Public Works Committee, I. move the adoption of the foregoing resolution. PUBLIC WORKS COMM TTEE, . . Ihs O'Do:rog1ue Jsilar1:d.cha..tds ' #5457 Moved by Horton supported by O'Donoghue the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted.