HomeMy WebLinkAboutResolutions - 1989.11.30 - 17104November 30, 1989 MISCELLANEOUS RESOLUTION
BY: PLANNING AND BUILDING COMMITTEE, Anne M. Hobart,
Chairperson.
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION. -
Second Quit Claim of Permanent Easement, Keego
Harbor, S.D.S.
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS, the County of Oakland obtained a permanent
- easement across part of Lot 3 and all of Lots 5 & 6 of
Supervisors Plat #11, being part of Sections 1 & 2, West
Bloomfield Township, City of Keego Harbor, for the purpose of
constructing and maintaining a sewage disposal system in the
City of Keego Harbor; and
WHEREAS, the Burger King Corporation has purchased the
subject property for the development of a Burger King
Restaurant; and
WHEREAS, with the development of this area, the
existing sanitary sewer location would not be consistent with
or suitable for development of a Burger King Restaurant; and
WHEREAS, Burger King Corporation has agreed to remove
and relocate this sewer and also dedicate a new permanent
easement at its expense in exchange for the Quit Claim of the
existing easement; and
WHEREAS, this permanent easement serves no purpose for
the County of Oakland; and
WHEREAS, James Porter, Chief, Water and Sewer
Operations, recommends the quit claim of the existing
easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the quit claim of a permanent
easement to Burger King Corporation which is recorded in Liber
4124, page 592, Oakland County Records, and being over part of
Lot 3 and all of Lots 5 and 6 of Supervisors Plat #11, being
part of Sections 1 & 2, West Bloomfield Township, City of
Keego Harbor in exchange for a new permanent easement and the
removal of the abandoned sewer and relocation of the new
sanitary sewer, all at Burger King's expense.
BE IT FURTHER RESOLVED that the Oakland. County Board of
Commissioners directs its 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.
PLANNING .AND BUILDING COMMITTEE
RESOLUTM
Dated this day of 19
QUITCLAIMDEED-CORPORATION-StatutoryForm
C.L. 1948, 565.15 M.S.A. 26.572
.4.0 PHILIP R. SEAVER 'TITLE COMPANY, Inc.
2700 N. Woodward / Bloomfieid [-tills, Michigan 48013 / (313) 647-2171 — (313) 338-7135
KNOW ALL MEN By THESE PRESENTS : That The County of Oakland, a Michigan Constitutional
Corporation
who:* address is 1200 North Telegraph Road, Pontiac, Michigan 48053
Quit Claims to
whose address is
Burger King Corporation, a Foreign Corporation
17777 Old Cutler road, Miami, Florida 33157
the following described premises situated in the City of Keego Harbor
County of Oakland and State of Michigan, to-wit: a Permanent Easement as recorded in
Liber 4124, Page 592, Oakland County Records and descibred as follows: The west 30.0 ft
of-the hereinafter described pLoperty-and-atso -the-norlh 20.0 -f-wet of-the-east 1-86.-55 ft
of the west 216.55 ft of the hereinafter described property.
Part of Lot 3, Supervisor's Plat No. 11, being part of the SW 4 of Section 1 and part
of the S.E.4 of Section 2, T2N, R9E, West Bloomfield Township, Oakland County, Michigan,
beginning at S.E. lot corner, thence N 1°13' W along east lot line 29.24 feet, thence
N 84°52' W 296.55 feet to westerly lot line, thence southwesterly along lake shore to
point distant S 19'55' W 36.20 feet from last mentioned point, thence S 84°52' E 228.86
feet, thence N 22 °43' W 10.51 feet, thence N 66°53' E 11.50 feet, thence S 23°07' E
3.50 feet, thence N 66 °53' E 10.59 feet, thence S 83'10 E 46.90 feet, thence S 3°01'
B 13.90 feet, thence S 31°40' W 1.69 feet, thence S 84°52' E 5.90 feet to southerly
lot line, thence N 64°14' E 11.60 feet to beginning. Being part of Tax Parcel
18-02-435-035, City of Keego Harbor Tax Rolls.
for the full consideration of
Witnesses: Signed and Sealed:
THE COUNTY OF OAKLAND
a Michigan Constitutional Corporat6ca )
By Roy Rewold
us Chairperson, Board of Commissioners
COUNTY OF Oakland ss.
Its
The foregoing instrument was acknowledged before me this day of 19
(1) by Roy Rewold
(2) Chairperson
(3) of Oakland County Board of Commissioners
(4)a Michigan Constitutional Corporation on behalf of the said corporation.
My commission expires
Notary Public County, Michigan
Note: Insert at (1) name(s) of officer(s) (2) title(s) of officers(s) (3) name of corporation (4) state of incorporation
Business usiness 1200 North Telegraph Road Patrick D. Campbell Drafted by Address
Pontiac, Michiaan 48053
STATE OF WCHIGAN STATE OF MICHIGAN
Recording Fee
State Transfer Tax
TIM Parcel # pt - 18 -02 -435 -035
When recorded return to
Send subsequent tax bills
to
FORM 7
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That BURGER KING
CORPORATION, 17777 OLD CUTLER ROAD, MIAMI, FLORIDA 33157
hereinafter called the Grantor, for and in consideration of the sum of
ONE DOLLAR ($1.00) paid to THEM by the County of Oakland, a Michigan
Constitutional Corporation, hereinafter called the County, whose address
is 1200 North Telegraph Road, Pontiac, Michigan, does hereby grant to the
County the right to construct, operate, maintain, repair and/or replace a
water supply system across and through the following described land
situated in the CITY OF KEEGO HARBOR, OAKLAND COUNTY, MICHIGAN
SEE ATTACHMENT "A"
Grantee, its employees, agents or independent contractors, shall have a
right of access and use over and across adjoining lands of Grantor.
Reasonable caution shall be observed by Grantee, its employees, agents and
independent contractors, for the protection of trees, shrubs, fences and
other improvements belonging to Grantor.
The Grantee agrees that it shall not unreasonably interfere with the
operation of the business of Grantor, or said property in exercising its
rights hereunder.
Grantor hereby reserves the right to use the Easement Parcel for ingress
and egress and parking of vehicles, driveways, asphalt paving, landscaping
and to construct, repair, replace and maintain within the Easement Parcel
any utilities necessary or incidental to the use of the Property by
Grantor in the operation of its business, provided that the use of such
Easement Parcel by the Grantor shall not unreasonably interfere with,
obstruct or damage said Water Supply System.
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.
Dated:
WITNESSES:
By
By
STATE OF MICHIGAN
COUNTY OF
On this day of , A.D., 19 , before me a
Notary Public in and for said county, personally appeared
and to me personally known,
who being by me severally sworn, did say that they are respectively
the and of
the , a corporation created and existing
under the laws of the State of , and that the said
Easement Grant was signed and sealed in behalf of said corporation by
authority of its Board of Directors; and the said
and acknowledged the said
instrument to be the free act and deed of the said
This instrument drafted by:
Patrick D. Campbell
O.C. Corporation Counsel
1200 N. Telegraph Road
Pontiac, Michigan 48053
Notary Public, , County
Michigan.
My Commission Expires:
Return to:
ATTACHMENT "A"
Part of Lot 3 and all of Lot 5 and 6 of Supervisor's Plat No.
11 being part of the SW 1/4 of Section 1 and part of the SE
1/4 of Section 2, T2N, R9E, West Bloomfield Township (now City
of Keego Harbor), Oakland County, Michigan, as recorded in
Liber 54 of Plats, Page 4, Oakland County Records and being
more particularly described as:
Beginning at the Southeast corner of said Lot 3; thence N 01
degrees 12'50" W 273.40 feet along the East line of said Lots
3 and 6, said line also being the West line of Cass Lake Road
(West 1/2 = 24 feet wide) to the Northeast corner of said Lot
6; thence S 84 degrees 0630" W 374.00 feet along the North
line of said Lot 6; thence along a meander line along Dollar
Lake the following three (3) bearings and distances, S 36
degrees 23'08" E 82.59 feet, S 16 degrees 1440" E 117.39 feet
and S 19 deg 5500" W 36.20 feet; thence S 84 degrees 52'00" E
158.85 feet to the Northwesterly corner of said Lot 5; thence
S 25 degrees 23'46" E 72.00 feet along the Westerly line of
said Lot 5 to the Northerly right of way line of Orchard Lake
Avenue; and thence N 64 degrees 14'10" E 132.38 feet along
said Northerly right of way line to the Point of Beginning.
Containing 1.9 acres of land, more or less. Subject to any
and all easements or rights of way of record, if any. Tax
Sidwell Nos. 18-02-435-033, 048, 049, 038, 046, 036.
A 20 foot wide permanent easement described as commencing at
the southeast corner of said Lot 3; thence N 01 deg 12'50" W
115.40 feet along the westerly right of way line of Cass Lake
Road (as platted) the POINT OF BEGINNING; thence S 88 deg
47'10" W 70 feet; thence N 01 deg 12'50" W 20 feet; thence N
88 deg 47'10" E 70 feet; and thence S 01 deg 12' 50" E 20 feet
along said westerly right of way to the POINT OF BEGINNING,
said easement being over and across the above described
property.
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That BURGER KING
CORPORATION, 17777 OLD CUTLER ROAD, MIAMI, FLORIDA 33157
hereinafter called the Grantor, for and in consideration of the sum of
ONE DOLLAR ($1.00) paid to THEM by the County of Oakland, a Michigan
Constitutional Corporation, hereinafter called the County, whose address
is 1200 North Telegraph Road, Pontiac, Michigan, does hereby grant to the
County the right to construct, operate, maintain, repair and/or replace a
sanitary sewer system across and through the following described land
situated in the CITY OF KEEGO HARBOR, OAKLAND COUNTY, MICHIGAN
SEE ATTACHMENT "A"
Grantee, its employees, agents or independent contractors, shall have a
right of access and use over and across adjoining lands of Grantor.
Reasonable caution shall be observed by Grantee, its employees, agents and
indepen dentcontractors, for the protection of trees,-shrubs-T -f-ens and
other improvements belonging to Grantor.
The Grantee agrees that it shall not unreasonably interfere with the
operation of the business of Grantor, or said property in exercising its
rights hereunder.
Grantor hereby reserves the right to use the Easement Parcel for ingress
and egress and parking of vehicles, driveways, asphalt paving, landscaping
and to construct, repair, replace and maintain within the Easement Parcel
any utilities necessary or incidental to the use of the Property by
Grantor in the operation of its business, provided that the use of such
Easement Parcel by the Grantor shall not unreasonably interfere with,
obstruct or damage said Sanitary Sewer System.
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.
Dated:
WITNESSES:
By
By
STATE OF MICHIGAN
COUNTY OF
On this day of , A.D., 19 , before me a
Notary Public in and for said county, personally appeared
and to me personally known,
who being by me severally sworn, did say that they are respectively
the and of
the , a corporation created and existing
under the laws of the State of , and that the said
Easement Grant was signed and sealed in behalf of said corporation by
authority of its Board of Directors; and the said
and acknowledged the said
instrument to be the free act and deed of the said
This instrument drafted by:
Patrick D. Campbell
O.C. Corporation Counsel
1200 N. Telegraph Road
Pontiac, Michigan 48053
Notary Public, , County
Michigan.
My Commission Expires:
Return to:
ATTACHMENT
Part of Lot 3 and all of Lot 5 and 6 of Supervisor's Plat No.
11 being part of the SW 1/4 of Section 1 and part of the SE
1/4 of Section 2, T2N, R9E, West Bloomfield Township (now City
of Keego Harbor), Oakland County, Michigan, as recorded in
Liber 54 of Plats, Page 4, Oakland County Records and being
more particularly described as:
Beginning at the Southeast corner of said Lot 3; thence N 01
degrees 1250" W 273.40 feet along the East line of said Lots
3 and 6, said line also being the West line of Cass Lake Road
(West 1/2 = 24 feet wide) to the Northeast corner of said Lot
6; thence S 84 degrees 06'30" W 374.00 feet along the North
line of said Lot 6; thence along a meander line along Dollar
Lake the following three (3) bearings and distances, S 36
degrees 23'08" E 82.59 feet, S 16 degrees 14'40" E 117.39 feet
and S 19 deg 5500" W 36.20 feet; thence S 84 degrees 52'00" E
158.85 feet to the Northwesterly corner of said Lot 5; thence
S 25 degrees 23'46" E 72.00 feet along the Westerly line of
said Lot 5 to the Northerly right of way line of Orchard Lake
Avenue; and thence N 64 degrees 14'10" E 132.38 feet along
said Northerly right of way line to the Point of Beginning.
Containing 1.9 acres of land, more or less. Subject to any
and all easements or rights of way of record, if any. Tax
Sidwell Nos. 18-02-435-033, 048, 049, 038, 046, 036.
Said permanent easement being described as commencing at the
Southeast corner of said Lot 3; thence S 64 degrees 14'10" W
132.38 feet along the Northerly right of way line of Orchard
Lake Avenue; thence N 25 degrees 23'46" W 72.00 feet; thence N
84 degrees 52'00" W 158.85 feet; thence N 19 degrees 55 1 00" E
7.10 feet to the Point of Beginning; thence N 19 degrees
55'00" E 20.90 feet; thence S 86 degrees 54'55" E 125.00 feet;
thence S 03 degrees 05'04" W 20.00 feet; thence N 86 degrees
54'55" W 131.05 feet to the Point of Beginning. Said easement
being over that part of Lot 3, described as Tax Sidwell No.
18-02-435-038.
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misc Resolution November 30, 1989
'day of__ November 1989
ALLEN, County Clerk/Register of LYW
Moved by Hobart supported by Moffitt the resoluttWbe adopted._
AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Chester, Crake,
Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (24) -
NAYS: None, (0)
A sufficient majority having voted therefor., the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
' I, Lynn D. Alien, Clerk of the County of Oakland aridhaving a seal,
do hereby certify that 1 have compared the annexed copy of the attached
misce1laueous-resolution adopted by the Oakland County Board of Commissioners ...._
at their meeting held on November 30 1989 —,__
- with the ori9inal record thereof now remaining in my office, and
. that it is a true and correct transcript therefrom, and of the
whole threof.
In Testiuony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 30th