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.