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HomeMy WebLinkAboutResolutions - 1990.03.21 - 16736March 22, 1900 MISCELLANEOUS RESOLUTION 90061 BY: PLANNING AND BUILDING COMMITTEE, Larry Crake, Chairperson IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - Quit Claim Part of Permanent Easement for Sanitary Sewer which was incorrectly described on Lot 37, Supervisor's Plat #16 in the City of Auburn Hills (formerly Pontiac Township) for C.O.S.D.S., Pontiac Township Extension. TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, The County of Oakland acquired certain easements necessary for the construction and maintenance of the C.O.S.D.S. Pontiac Township Extensions; and WHEREAS, a easement was granted across part of lots 37 and 41 of Supervisor's Plat #16, Pontiac Township, Oakland County, Michigan; and WHEREAS, the easement described as being the easterly 20.0 ft of Lot 37, Supervisor's Plat #16, recorded in Liber 5544, Pages 71 and 72 of Oakland County Records was incorrectly described; and WHEREAS, the property owner, through Gerald B. Sweetland, P.E., Operations Engineer of the Water and Sewer Division of the Department of Public Works, is requesting that necessary steps be taken to correct this easement as described as the easterly 20.0 ft of part of Lot 37, Supervisor's Plat #16; and WHEREAS, the Office of Corporation Counsel recommends the County of Oakland Quit Claim to the owners of record, Richard G. Hamilton and Joan G. Hamilton, his wife, and Adams/Auburn Development Company, that portion of the easement on Lot 37 of Supervisor's Plat #16 as being the easterly 20.0 ft thereof. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the quit claim of the easements described PLANNING /AND VIEDING 59MMITTEE /, as the easterly 20.0 ft of part of Lot 37 of Supervisor's Plat #16 from the County of Oakland to Richard G. Hamilton and Joan G. Hamilton, his wife, and Adams/Auburn Development Company. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it chairperson to execute the necessary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. OrZ vat PHILIP R. SEA VER TITLE COMPANY, Inc. La,. 19411 .i-,6./r7Z MS A. 26.042 day of 19 Corporation on behalf of the raid corporation. Eltniness Addros* Inntruencot Dr4fted by Pa tr trk Campbell 1200 North Telegraph Road 2700 N. Woodward / Oloornfisidlig, Micnioen 48013 / (3131 847-2171 —1313) 338-7135 KNOW ALL MN BY TligSlt PRESENTS: Th. The County of Oakland, a Michigan Constitutional Corporation 114.11.1MWPM 4 1200 N. Telegraph Road, Pontiac, Michigan 48053 chie.„,te Richard G. Hamilton and Joan G. Hamilton, his wife, and Adams/Auburn Development Company wh.00 addraini hi 4086 Rochester Road, TrOy, Michigan 48048 the foltowing descrili,ed prone... situated le the Township of Pontiac County of Oakland aod State of Michigan, t.-entt To quit claim a permanent easement described as being the easterly 20.0 ft of tot 37, of Supervisors Plat 416. Said easement being over and across the following described property. Lot 37 of Supervisor's Plat No. 16, of the East y of the Southeast 4 of Section 25 and part of the East y of the Northeast 4 of Section 36, T3N, $10E, Pontiac Township, Oakland County, Michigan, recorded in Liber 28 of Plats, Page 46, Oakland County Records. Tax Sidwell No. 14-25-478-017 for the fun 'consideration 0 One (51.00) Dollar Doted Otte day of 12 Witnesseri Signost and Sealed: THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation By Roy Rewold, h. Chairperson, Board of Commissioners COUNTY OF Ito The foregoing instrument we. etknorrledged before rna thia (11 by Roy Rewold 12) Chairperson (3/ d Oakland County Board of Commissioners (4). Michigan Constitutional My coromiation torpitet Notary Public County. Michigan Not.: Insert at II) narne(a) of officer(e) (2) gidc(a) of officart(r) (3) name of corporation (4) date of incorporation STAT8 OF MICH! AN STAT8 OF MICH! AN Portrlar, 4pn.,1 RecordiingFer When recorded return to State Trao4rr Toe Send autwrguent tor bill. to Tas Parcel It 14-25-478-011 FORM 7 _ > 7,> —r vodc " a. 4.8 On9 ,k, Y 7 IrrOb1) if v....u. ,..„=7::, . - -1 F--,-) all_ H ' c Pr ' 1.1'.. .7=;FIZEDIU172:41,s_.ls 4" , LOrt...""' n' udi M-11711.'t: n,A,74 , ‘ iLila',M;f1.--. `_..1_11..„1. -'''`I ' ''''' • L'.f....i'LL.._1, 7_7, 71. SMALL VAVE R - p ASSESSOR'S PLAT* 43 L,-kL,+rk Ail 7 • ,...,... Zy, r , ...• ey.-7, Z. (2.17CL Cd. ) 7 ,, ,,,,frforl... _____. .1 0 0 r•n c> :r .4. CA : - In presence of VI. J. ..lipS-awfu STATE 971.1fCHIGAN./ ) COUNTY OF Osi.: On this 5t h day of MY and for said county, personally appeared tag 5344 rAfi EASEMENT KNOW ALL MEN BY THESE PRESENTS, That Richard G. Hamilton 3161 Woodcrest, Auburn Heights, Michigan 413057 hereinafter called the Grantor, for and in consideration of the sum of O ) paid to by the County of Oakland ,a Michi- gan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road • Pontiac, Michigan, dow hereby grant to the County the right to construct, operate, maintain, repair and/or replace a sanitary sewer across and through the following described land situated in the Township of Pontiac, Oakland County, Michigan to-wit: The East 230.0 ft of Lot 41, except the South 10.0 ft and the East 100.0 ft of Lot 37 of Supervisor's Plat No. 16, of the East I of the Southeast of Section 25 and part of the East of the Northeast of Section 36, T3N, R10E, Pontiac Township, Oakland County, Michigan, recorded in Liber 23 of Plats, Page 46, Oakland County Records. The permanent easement shall consist of the Easterly 20.0 ft of the above described property. :a 0 r` I " 4S9€6 --,.. ,:,--,. 4 REAL ESTATE * 1\hfr, "14-11V .,AN(T-,-...,'ElT2ANSFER TAX* *. *- ''' taxation" Sr ... --------------en.Issa And further, the Grantor does hereby grant-a temporary construction easement to the County consisting of the West 10.0 ft of the Easterly 30.0 ft of the above described property. Said temporary construction easement shall terminate upon the completion date of construction. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. IN WITNESS WHEREOF, the undersigned ...."1.1.. .hereunto affixed /f.e.a_signatury?c this 10th day of duly , A. D. 1970. thhard () ( 13.; Hamilton (L. S. ) A. D. 19 70 , before me, a Notary Public in Richard G, Hamilton C7 . I me known to be the same person_ described in and who executed the within instrument, who then acknowledged the same to he „,,,!,,,',./ free act and.• eed. (-. il A-, JOSFill F. RFIrr Mot ari-P/ iblic )9,1k,k,,y ).,A.n, 0.10.04 / .1") M[chlg.in. MY CoynY111..1.. EY.p1f Y. 7714F-4, 1Y . My commission expires 7/3/70 - bg. This instrument drafted by: W. I. Hardenburg, Jr. 550 S. Telegraph Road Pontiac, Michigan 48053 PT-9-229 Cont. 4 PONTIAC TWP. S. PT. E.1 /2 S.E.V4 SEC. 25 T3N. R.I0E -C.(16 IF • VA..I • OPPL ...04',11..,•.1 ARO.: 1 990 Resol. # 90061 March 22, 1990 Moved by Crake supported by Bishop the resolution be adopted. AYES: Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks. (26) 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, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 22, 1990 with the original record theraof now remaining in my office. In Testimony Whereof, I have .hereunto set my hand and affi4gd the seal of the County of Oakland at Pontiac, Michigan this 22nd daYIP A:A yn9fD. Allen, County Clerk