HomeMy WebLinkAboutResolutions - 1989.07.20 - 17281MISCELLANEOUS RESOLUTION 89180 July 20, 1989
BY: PLANNING AND BUILDING COMMITTEE, Anne M. Hobart,
Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - Quit
Claim of Permanent Easement, Keoge 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, James Porter, Chief, Water and Sewer
Operations, recommends the quit claim of the existing easement
in exchange for a. new permanent easement and relocation of the
sanitary sewer at Burger King Corporation's expense.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the quit claim of a permanent
easement to Burger King Corporation over 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 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 Corporation'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 & BUU,DING COMMITTEE
/
-
for the full consideration of
Dated this
Witnesses:
STATE OF MICHIGAN
COUNTY OF
as.
Its
FORM 7
QUIT CLAIM DEED - CORPORATION - Statutory Form
1948, 565.152 M.S.A, 26,572
Ort,
N. PHILIP R. SEAVER TITLE COMPANY, Inc.
2700 N. Woodward / Bloomfield Hills, Michigan 48013 / (313) 647-2171 —1313) 338-7135
KNOW ALL MEN By THESE PRESENTS: That The County of Oakland, A Michigan Constitutional
Corporation
whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48053
Quit Claims to Burger King Corporation, a Foreign Corporation
whose address is 17777 Old Cutler Road, Miami, Florida 33157
the following described premises situated in the Ci ty Keego Harbor
County of Oakland end State of Michigan, to-wit: A permanent easement as recorded in
Liber 4216, Page 19, Oakland County Records: The west 220 feet of the following described
parcel: Part of Lot 3, Supervisor's Plat No. 11, being part of the SW1/4 of Section 1 and
part of the SE1/4 of Section 2, T2N 5 R9E, West Bloomfield Township, Oakland County, Michigan,
beginning at the SE lot corner, thence N 1 deg 13'W along east lot line 29.24 ft; thence
N 85 deg 52' W 296.55 ft to westerly lot line; thence southwesterly along Lake Shore to
point distant S 19 deg 55' W 36.20 ft from last mentioned point; thence S 34 deg 52' E
228.86 ft; thence N 22 deg 43' W 10.51 ft; thence N 66 deg 53' E 11.50 ft; thence S
23 deg 07' E 3.50 ft; thence N 66 deg 53' E 10.59; thence S 83 deg 10' E 46.90 ft; thence
S 3 deg 01' E 13.90 ft; thence S 31 deg 40' W 1.69 ft; thence S 84 deg 52' E 5.90 feet
to southerly lot line; thence N 64 deg 14' E 11.60 ft to the Point of Beginning. As
recorded in Liber 4124, Page 592, and Liber 4216, Page 19, Oakland County Records,
being part of Tax Sixwell No. 18-02-435-038.
day of 19
Signed and Sealed:
The County of Oakland, A Michigan
Constitutional Corporation (Ls.)
By
Roy Rewold
Chairperson, Oakland County its Board of Commissioners
day of 19 The foregoing instrument was acknowledged before me this
(1) by Roy Rewold
(2) Chairperson
(3) of Oakland County Board of Commissioners
(4)0 Michigan Constitutional
My commission expires
Corporation on behalf of the said corporation.
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
Instrument Patrick D. Campbell Business 1200 N. Telegraph Road Drafted by Address Pontiac, KiTh'i-ffiT-47053
Recording Fee
State Transfer Tax
18-02-435-038
Tax Parcel #
When recorded return to
Send subsequent tax bills
to
By
By
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 ($ ) paid to
by the County of Oakland, a Michigan Constitutional Corporation,
hereinafter called the County, whose address is 1200 North Telegraph Road,
Pontiac, Michigan, do 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.
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:
STATE OF MICHIGAN
COUNTY OF
On this day of f 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 Notary Public, , County
O.C. Corporation Counsel Michigan.
1200 N. Telegraph Road My Commission Expires:
Pontiac, Michigan 48053
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 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 14 1 40" E 117.39 feet
and S 19 deg 55 °00" 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 2346" W 72.00 feet; thence N
84 degrees 52'00" W 158.85 feet; thence N 19 degrees 5500" 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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RESOLUTION # 89180 July 20, 1989
Moved by Hobart supported by Crake the resolution be adopted.
AYES: Gosling, Hobart, Jensen, Johnson, S. Kuhn, Law, Luxon, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold,
Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens. (25)
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 and having a seal, do
hereby certify that I have compared the annexed copy of the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on July 20 , 1989 with the original record thereof now remaining
on file in my office, and that it is a true 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 this 20th day of July • 1989
LYA D. ALLEN, County Clerk
Register of Deeds