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HomeMy WebLinkAboutResolutions - 1988.03.10 - 17524March 10, 1988 Miscellaneous Resolution 88048. By: PLANNING & BUILDING COMMITTEE - Anne M. Hobart, Chairperson • DEPT OF CENTRAL SERVICES/Parks and Recreation -Waterford Oaks County Park Detroit Edison Electric Easement Agreement To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland has property at 2800 Watkins Lake Road, Waterford Township, Michigan, known as the Waterford Oaks County Park; and WHEREAS the Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan, is requesting an easement on County property at Waterford Oaks County Park for the purpose of installing, operating and maintaining electric service to the Administration Complex at said park; and WHEREAS the Oakland County Parks and Recreation Commission has reviewed and approved the easement request; NOW THEREFORE BE IT RESOLVED that the County of Oakland Board of Commissioners authorizes the Chairperson of the Board of Commissioners to execute an easement agreement with the Detroit Edison Company for the purpose of installation, operation and maintenance of electric service. Mr.. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE HEREBY A7PC.',A.T THE FC.)17.E.GOING RESOLUTtON ti Daniél T. Mufti this 10th day of 19 88 ALLEN County Clerk/Register of Deeds Marc March 10, 1988 Misc. Resol. No. 88048 Moved by Hobart supported by Crake the resolution be adopted. AYES: Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Lanni, Luxon, McConnell, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Oaks, Page, Pernick, Rewold, Rowland, Skarritt, Aaron. (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 and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on March .10, 1988 • with the orginial record thereof now remaining 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 Acidress 0 Detroit Edison Real Estate and ;,rgh•ts o f Way Underground Residential Distribution Right of Way Agreement ,19 8e For good and valuable consideration of system betterment, the undersigned hereby grant and convey to THE DETROIT EDiSON COMPANY, a Michigan corporation of 2000 Second Avenue, Detroit, N'ochioan hereinafter referred to as "EDISON", the right to erect, lay, maintain, reconstruct, adci to and replace underground facilities consisting of wires, cables, conduitS, fixtures and appurtenances including the necessary above ground equipment, connections, poles and accessones required to provide electric service in, under, upon, over and across me property located in the Toimshi p of Waterford , County of On-I- anr1 State of Michigan, and more particularly described on tne attached Appenoix "A"; with the full rant to EDisoN of ingress and egress upon said property for the purposes of this grant, and the further right to trim, cut down or otherwise control brush and trees within the right of way herein described. Said right of way shall be siy (6) feet in width unless otherwise indicated and the route is described as fellows: A strip of land 6 ft. in width, 3 ft. on either side of the following described center- line, located in the S.W.k- of the S.W.32-, of Section 13, and the N.W. ,1/4 of the N.W. of Section 24, T3N, P.9E, Waterford '11,7. Oakland County, Michigan, described as follows: Beginning at a point located S. 89°52'16°' E. 968.83 ft. and due N. 109.87 ft from the S.W. corner of Section 13, 13N, R9E, thence from said point of beginning of centerline of 6 ft. wide utility easement N. 81°0346" W. 33.74 ft., thence S. 01°06'06" 'V. 408.88 ft., thence S. 65 0 03'35" E. 227.02 ft., thence S. 16°52'00" W. 422.30 ft., thence S. 31°58'48" E. 86.03 ft. to the terminus of said centerline, as shown on the attached drawing which is made a part hereof. in order to provide for the proper maintenance and protection of EDISON, the undersigned covenant and agree that: 1. The right of way will be graded TO WirCr'Or': 'Four TnCne5 of fine; oracle before EDISON lines are Tnstailed and this ground elevation must be maintained alter tnstallat!on of utihties to avoid the Doohno of v,aier in on or around EDISON'S above ground equiprhent. " 2. No •buildings or structures other than EDISO1\T eouorne.nt are to be placed within The right of way herein granted. No excavation is to be perrrutted vvithIn said right of way without approval of ED'SON 3. No shrubs Or foliage shall be planted or brown v ,v,ithin eight feet of the front door 0 4 transformers or switching cabinet enclosures. EDISON shall not be responsible to owners fc- damages to or removal of Trees Or /plant hte planted in front of said door or within the right of way causing an interference with maintenance of ED SON equipment. 4. if EDlSON lines Or facilities are damaged by the acts of owners, their agents, employes or contractors, repairs shall be made by EDISON at the Cost and expense of owners. Owners are defined as those persons owning the property at the time the damage occurred. THIS GRANT is declared to be binding upon the heirs, successors, lessees, licensees and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have here u nto set their hand(s) On date o'thIs agreement Witnesses: Grantors: Prepared 4m3r V. Racine Thc Detroit Edison Company Tele.7ranh Rd.. Suite 264 Birmingham, MI 48010 3.59 3. iDf -ORD! State of Michigan ) SS: County of Oakland On this day of , 1988, before Me the " subscriber, a Notary Public in and for said County appeared to me personally known, who being by me duly sworn did say that he is Chairman of The Board of Commissioners of Oakland County, a Michigan Constitutional Corporation, created and existing under the law of the State of Michigan and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of commissioners and the said Chairman acknowledged said instrument to be the free act and deed of said corporation. My Commission Expires: Notary Public, Oakland County, Michigan Appendix "A" Part of the S.W. z of the S.E. 1,-, of Section 13, and the N.W. of Section 24, T3N, ROE, Waterford Township, Oakland County, Michigan, described as beginning at a point on the West line of Section 13, being the centerline of Scott Lake .Road, located N. 00 0 0056" E. 535.00 ft. from the S.W. corner of Section 13, T3N, R9E, thence N. 00 0 0056" E. 953.12 ft. along said West line of Section 13 and the centerline of Scott Lake Road, thence S. 89 0 38'12" E. 1119.57 ft. (recorded as 1120.74 ft.), thence N. 00'20'11" E. 650.62 ft., thence S. B404'00 - E. 1544.05 ft. (recorded as 1546.53 ft.) to the Southwesterly right-of-way line of the G.T.W. Railroad, thence S. 43 0 50'56" E. 1524.84 ft. along said Tight-of-way line to the Westerly right-of-way line of Telegraph Road, thence S. 4522'40" W. 188.46 ft. along said right-of-way line, thence on a curve to the left (R=1594.20 ft., delta = 31 0 18 1 24, LC = S. 29°43'28" W. 860.28 ft.) an arc distance of 871.08 ft., continuing along the Northwesterly line of Telegraph Road to the South line of Section 13, thence N. 89 0 5216" W. 1664.32 ft. along said South line, thence S. 00°02'56" W. 376.66 ft. (recorded as 375.15 ft.), thence S. 44°55'52" E. 398.22 ft._ (recorded as 398.96 ft.), thence S. 45 0 0408" W. 898.37 ft. to the centerline of Watkins Lake Road, thence N. 43 0 3310" W. 466.05 ft. along said centerline, thence N. 24 0 5605" E. 245.00 ft., thence N. 43°33'10" W. 91.68 ft., thence N. 24 0 5605" E. 9.63 ft., thence N. 37 0 5800" W. 159.35 ft., thence S. 24°56'05" W. 271.30 ft. to the centerline of Watkins Lake Road, thence N. 43 03310" W. 25.00 ft. along said centerline, thence N. 24 0 56'05" E. 245.00 ft., thence N. 43 0 3210" W. 89.41 ft., thence N. 24°56'05" E. 38.80 ft., thence N. 37 0 58'00" W. 135.84 ft., thence N. 24'59'45" E. 366.97 ft. to the South line of Section 13, thence N. 89°52'16" W. 206.9., ft. along said South line, thence N. 00 0 0056" E. 495.00 ft., thence N. 89 0 5216" W., 368.69 ft., thence N. 00°00'56" E. 40.00 ft., thence N. 89 0 5216" U. 183.00 ft. to the point of beginning. Containing 152.80 acres. Reserving the Easterly 60 ft. of Scott Lake Road and the Northeasterly 33 ft. of Watkins Lake Road for public roadway. Subject to all easements and restrictions of record.