HomeMy WebLinkAboutResolutions - 1988.03.10 - 17525IHEREBYAPPROVETHEFOREGOINGRESOLUTION C- )
PLANNING & BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION 88049
BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart,
Chairperson
IN RE: DEPARTMENT OF CORPORATION COUNSEL - REAL ESTATE
SECTION - Easements for Pontiac Creek Extensions
Drain Drainage District (across County parcels
13-13-451-001, 13-13-452-001, 14-18-352-006 & 007).
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
WHEREAS, the Pontiac Creek Extension Drain Drainage
District, through George Kuhn, Oakland County Drain
Commissioner, is proposing to enlarge and relocate the Pontiac
Creek Drain; and
WHEREAS, the Pontiac Creek Drain is located on portions
of County owned property described as Tax Sidwell Nos.
13-13-451-001, 13-13-452-001, 14-18-352-006 & 007; and
WHEREAS, the Drain Commissioner is requesting permanent
and temporary construction easements for the improvement of
this Drain across County owned property; and
WHEREAS, Mr. Joseph Figa, Chief of Design and
Development for Oakland County Parks and Recreation,
recommends the granting of this easement as it relates to
County owned property identified as Waterford Oaks; and
WHEREAS, Mr. Tom Lepping, Chief of Grounds Operations,
Facilities and Maintenance, also recommends the granting of
these easements; and
WHEREAS, the improvement of the Pontiac Creek Drain
will benefit the County and enhance the subject property it
crosses.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the signing of the necessary
easements across Sidwell Nos. 13-13-451-001, 13-13-452-001,
14-18-352-006 & 007, and further directs its Chairperson to
execute the necessary documents to affect the same.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
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Parcel No. 19
RIGHT OFWAY
KNOW ALL MEN BY THESE PRESENTS, that County of Oakland
1200 North Telegraph Road, Pontiac, Mihcigan 43053
PARTIES OF THE FIRST PART, for and in consideration of the sum
of ONE DOLLAR ($1.00) -------
receipt ,of. which j. he' ackn.owllged, paid to :them by GEORGE
VI- KUHN, County -Drain . Comnissioner for the County of Oakland,
State of Michigan, do herebygrant and convey td the PONTIAC
CREEK EXTENSION DRAIN DRAINAGE DISTRICT, whose address is No. 1
Public Works Drive, Pontiac, Michigan 48054, PARTY OF THE SECOND
PART, the right-of-way for the purpose of relocating, construct-
ing, operating, maintaining, repairing and/or replacing a portion
of the PONTIAC CREEK EXTENSION DRAIN and related appurtenances,
across and through the following described parcel of land:
Part of the SW 1/4 of Section 18 and part of the
NW 4 of Section 19, T3N, R10E, City of Pontiac,
Oakland County, Michigan, (also part of vacated
"Woodward Gardens" Subdivision) described as:
Beginning at the intersection of the northwesterly
line of the Grand Trunk Railway and the southwesterly
line of Oakland Ave. (120.0 ft wide), said point
of beginning also being located S 01 °50'30" E, 389.12
ft and N 87°33'30" E, 618.63 ft and N 43°30'20" E,
414.17 ft from the NW corner of Section 19; thence S
43 0 30'20" W, 414.17 ft along the northwesterly line
of Grand Trunk Railway; thence S 87°3330" W, 6.73
ft; thence N 46°2940" W, 520.32 ft; thence N 43°30'
20" E, 119.0 ft; thence N 46°2940" W, 125.0 ft;
thence N 43 0 30 1 20" E, 300.0 ft; thence S 46 0 29 1 40" E,
650,0 ft, along the southwesterly line of Oakland Ave.
to the point of beginning.
Sidwell No. 14-18-352-007.
A PERMANENT EASEMENT DESCRI3ED AS FOLLOWS:
Beginning at the most northerly northwest corner of
the above described parcel; thence S 46 0 29 1 40" 5,
53,50 ft;- thence S 43'30'20" W, 37.50 ft; thence
N 71'0701" W, 58.35 ft to a point on the west parcel
line; thence N 43'3020" E, 62.02 ft to the point of
beginning.
A TEMPORARY EASEMENT DESCRr3ED AS FOLLOWS:
A strip of land 20.0 ft wide parallel to and adjoining
the southerly edges of the above described permanent
easement.
Said temporary easement(s) shall terminate upon the
completion date of construction or no later than
It is understood that the PONTIAC CREEK EXTENSION DRAIN
DRAINAGE DISTRICT shall have the right to sell, assign, transfer
or convey this right ,-of-way to any other: :Tnvernmental unit and
that the said Drainage District c7',.its•sl:ctessr in title 7ay
enter. upon the above clescribed premise :or the purpose of re-
pairing, installing, and maintaining drainage facilities.
The PARTY OF THE FIRST PART herewith agrees not to build
or convey to otherspermission to build any permanent structures
on the above described right-of-way.
This instrument shall be binding upon and inure to the
benefit of the parties hereto, their heirs, representatives,
successors and assigns.
A map of the above property is attached hereto and made
a part hereof.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has
caused its signature to be affixed hereto this day
of , 19
/ITNESSES: COMITY OF OAKLAND
By
By
On this day of , A.D. 19
ACYNOTJLED=ENT
STATE .OF
COUNTY OF
before me, a Notary Public in and for said county, personally
appeared and
J to me TDersonallv known, who being by me severally duly sworn,
j
did say that they are respectively the and
of the County of Oakland
a corporation created and existing under the laws of the State
of Michigan, and that the said Easement Grant was signed
h and sealed in behalf of said corporation by authority of its
Board of Directors; and the said
acknowledged the said instrument to be the
free act and deed of the said County of Oakland.
and
County, MI Notary Public,
My commission expires
This instrument drafted by:
James W. Isaacs, Office of
Oakland County Drain Commissioner
No 1 Public Works Drive
,Pontiac, Michigan 43054
,/cc
OAKLAND COUNTY DRAIN COMMISSION RIGHT - OF- WAY ER AR TM ENT
PRO%;ECT
PERMANENT EASEMENT EASEMENT PARCEL NO. DRAWING / OF /
TEMPCRAR y EASEMENT StOwELL NO
Parcel No. 20
RICHT OFWAY
KNOW ALL MEN BY THESE PRESENTS, that County of Oakland
1200 North Telegraph Road, Pontiac, Michigan 48053
PARTIES OF THE FIRST PART, for and in consideration of the sum
•Of •C N-JW1 (51.,00)
receipt of which is hereby acknolgp, paid to them bv CE072
W. KUHN, County Drain Commissioner for the County • of Oakland,
State of Michigan, do hereby grant and convey to the PONTIAC
CREEK EXTENSION DRAIN DRAINAGE DISTRICT, whose address is No. 1 '
Public Works Drive, Pontiac, Michigan 48054, PARTY OF THE SECOND
PART, the right-of-way for the purpose of relocating, construct-
ing, operating, maintaining, repairing and/or replacing a portion
of the PONTIAC CREEK EXTENSION DRAIN and related appurtenances,
across and through the following described parcel of land:
Part of the SW 4 of Section 18 and part of the
NW 4 of Section 19, T3N, R10E, City of Pontiac,
Oakland County, Michigan, described as: Beginning
at the NW corner of said Section 19; thence S 01 0
5030" E, 389.12 ft, along the west line of said
Section 19; thence N 87'3330" E, 611.90 ft; thence
N 46 0 2940" W, 520.32 ft; thence N 43°3020" E,
119.0 ft; thence N 46°2940" W, 125.0 ft; thence N
43°30'20" E, 300.0 ft to the southwesterly line of
Oakland Ave.-; -thence N 46°29'40" W, along said
southwesterly line, to the west line of said Sec-
tion 18; thence S 01°52'03" E, along said west line
to the point of beginning, except the west 30.0 ft
thereof in West Road.
Sidwell No. 14-13-352-006.
A PERMANENT EASEMENT DESCRIBED AS FOLLOWS:
Beginning at the most northerly northeast corner
of the above described parcel; thence S 43°20'20"
W, 62.02 ft; thence N 71 0 0701" W, 177.37 ft;
thence S 33°5102" W, 215.12 ft to a point on the
west parcel line; thence N 01 0 5203" W, 70.0 ft;
thence S 33°3720" E, 233.36 ft; thence S 70°45'
22" E, 105.95 ft; thence M 36 0 04'41" E, 52.52 ft
to a point on the northeast parcel line; thence S
46°29'43" E, 50.0 ft to the point of hegann ,--
A TEMPORARY EASEMENT DESCRIBED AS FOLLOWS:
A strip of land 100.0 ft wide parallel to and
adjoining the northerly edge of the above described
permanent easement.
of e —9
A TE1PO7ARv EAg771FT".1 DESCRI3ED AS FOLLOWS:
A strip of land 20.0 ft wide parallel to and
adjoining the southerly edge of the above described
permanent easement.
Said temporary easement(s) shall terminate upon the
completion date of construction or no later than
It is understood tht the Fon lAO. t.'1777
DRAINAGE. DISTRICT shallThave - the right to sell, assign, transfer
'or Convey -this right-of-way to any other governmental unit and
that the said Drainage District or its successor in title may
I enter upon the above described premises for the purpose of re-
pairing, installing, and maintaining drainage facilities.
The PARTY OF THE FIRST PART herewith agrees not to build
or convey to others permission to build any permanent structures
on the above described right-of-way.
This instrument shall be binding upon and inure to the
benefit of the parties hereto, their heirs, representatives,
successors and assigns.
A map of the above property is attached hereto and made
H a part hereof. H
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has
icaused its signature to be affixed hereto this day
WITNESSES: f-OTT:TTv OF OAKLA771
By
By
On this day of , A.D. 19
ArKNOWLEDCE=NT
STATE OF
COUNTY OF
before me, a Notary Public. in and for said county, personally
aTcoa -r-ed and
to me personally known w1.7,7., being by me severally duly sworn,
did say that they are respectively the and
of the County of Oakland
a corporation created and existing under the laws of the State
of Michigan, 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 County of Oakland.
Notary Public, County, MI
My commission expires 1
This instrument drafted by
James W. Isaacs, Office of
Oakland County Drain Commissioner
No 1 Public Works Drive
Pontiac, Michigan 48054
RI OAKLAND CCUNTY DRAIN COMMISSION I- OF- WAY DEP ARTMENT
PROJECT
PERMANENT EASEMENT ---1=1 EASEMENT PARCEL NO. DRAWING Z. OF /
TEMPCRARY EASEMENT -------rr/////// =WELL NO.
Parcel No. 297
H RIGHT OFWAY
KNOW ALL MEN BY THESE PRESENTS, that County of Oakland
1200 N. Telegraph Rd., Pontiac, Michigan 48053
PARTIES OF THE FIRST PAnT, for and in consideration of the sum
of ONE DOLLAR ($1.00)
receipt of which is hereby acknowledged, paid to them by C7ORCE
W. KUHN,- County Drain Commissioner for the County of Oakland,
State of Michigan, do hereby" grant and convey to the PONTIAC
CREEK EXTENSION DRAIN DRAINAGE DISTRICT, whose address is No. 1
Public Works Drive, Pontiac, Michigan 48054, PARTY OF THE SECOND
rPART, the right-of-way for the purpose of relocating, construct-
ing,.operating, maintaining, repairing and/or replacing a portion
of the PONTIAC CREEK EXTENSION DRAIN and related appurtenances,
across and through the following described parcel of land:
That part of the southeast 4 of Section 13, T3N,
R9E, Waterford Township, Oakland County, Michigan,
lying easterly of Telegraph Road and southerly of
Grand Trunk Western Railroad.
Sidwell No. 13-13-452-001.
A PE7MANET1T EASEMENT DESCRIBED AS FOLLOWS:
Beginning at a point on the northeast line of the
above described parcel located S 46 0 15 1 15" E, 273.62
ft, along said northeast line, from the most north-
erly corner of said parcel; thence N 88 0 06 1 52" W,
86.45 ft; thence N 68°44'58" W, 96.57 ft; thence N
30 0 08 1 29" W, 39.62 ft; thence N 43 0 12 1 51" W, 33.28 ft
to a point on the northwest line of said parcel;
thence S 43 0 10 1 01" W, 95.0 ft along said northwest
parcel line; thence S 48 0 01 1 19" E, 171.89 ft; thence
S 81 0 01 1 39" E, 192.35 ft; thence S 53 0 40 1 55" E, 112.04
ft; thence N 43 0 4445" E, 33.50 ft to said northeast
parcel line; thence N 46 3 15 1 15" W, 168.94 ft to the
point of beginning.
A TEMPORARY EASEMENT DESCRIBED AS FOLLOWS:
Beginning at the most northerly corner of the above
described parcel; thence S 46 3 15 1 15" E, 525.53 ft
along the northeast line of said parcel; thence S
43 0 44 1 45' W, 212.53 ft; thence M 46 0 15 1 15" W,
to a point on the northwest line of said oarcel;
also the southeast ROW line of Telegraph Road) said
point being located 212.58 ft southwest of the said
most northerly property corner; thence northeasterly
along the said northwest parcel line a distance of
212.58 ft to the point of beginning, except that
portion covered by the above described permanent
easement.
SEE ATTACHMENT "A"
of
Said temporary easement(s) shall terminate upon the
completion date of construction.
It is understood that the PONTIAC CREEK EXTENSION DRAIN
DRAINAGE DISTRICT shall have the right to sell, assign, transfer
or convey .this • right-of -way.. to any other governmental unit and
that„theHsaid Drainage District or its successo -in title may
enter upon the above described premises for the purpose of re-
pairing, installing, and maintaining drainage facilities.
The PARTY OF THE FIRST PART herewith agrees not to build
or convey to others permission to build any permanent structures
on the above described right-of-way.
This instrument shall be binding upon and inure to the
benefit of the parties hereto, their heirs, representatives,
successors and assigns.
A map of the above property is attached hereto and made
a part hereof.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has
caused its signature to be affixed hereto this day
•, 19 . .
WITNESSES: COUNTY OF OAKLAND
By
By
On this day of A.O. lq
ACKNOWL7DGENT
STATE OF
COUNTY OF
before me, a Notary Public in and for said count, -=cnallv
appeared and
to me personally known, who being by me severally duly sworn,
did say that they are respectively the and
of the County of Oakland
a corporation created and existing under the laws of the State
of Michigan , 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
acknowledged the said instrument to be the
free act and deed of the said County of Oakland.
Notary Public,
My commission expires
This instrument drafted by:
James W. Isaacs, Office of
'Oakland County Drain Commissioner
No. 1 Public Works Drive
Pontiac, Michigan 48054
and
County, MI
WATERFORD TOWNSHIP PARCEL 28R
, PONTIAC CREEK DRAIN 13-13-452-001
ATTACHMENT "A"
1. A temporary snow fence shall be erected by the Contractor prior
to beginning construction over the subject property along the
northeasterly property linedf.the subject parcel and along the
. . southwesterly limit of the temporary construction easement.
2..
Upon completion of construction the subject property shall be
re-sidded by the Contractor with a "wild flower" seed mix.
PROJECT
- TEMPORARY EASEMENT SIDWELL NO.
/ /
OAKLAND COUNTY DRAIN COMMISSION RIGHT- OF-WAY EPARTMENT
r
altatir PERMANENT EASEMENT EASEMENT PARCEL NO. 2c±:3 DRAWING / OF /
Parcel No, 29R
IGHT OFWAY
KNOW ALL MEN BY THESE PRESENTS, that County of Oakland
1200 N. Telegraph Rd., Pontiac, Michigan 48053
1
PARTIES OF ITTE FIRST PART, for and in consideration of the sum
1 of One Dollar ($1A0)
receipt of which is hereby acknowl_ed(je, paid to them by GEOTZ•Z
i W. KUHN, County Drain Commissioner for the County of Oakland,
State of Michigan, do hereby grant and convey to the PONTIAC
, CREEK EXTENSION DRAIN DRAINAGE DISTRICT, whose address is No. 1
Public Works Drive, Pontiac, Michigan 43054, PARTY OF THE SECOND
I PART, the right-of-way for the purpose of relocating, construct-
!
ing, operating, maintaining, repairing and/or replacing a portion
of the PONTIAC CREEK EXTENSION DRAIN and related appurtenances,
across and through the following described parcel of land:
That part of the west xi of the southeast 14 of -
Section 13, T3N, R9E, Waterford Township, Oakland
County, Michigan, lying westerly of Telegraph Rd.,
and southerly of the Grand Trunk Western Railroad.
Sidwell No. 13-13-451-001.
A PERMANENT EASEMENT DESCRIBED AS FOLLOWS:
Beginning at a point on the easterly line of the
above described parcel located S 43 0 10°01" W, 120.0
ft from the northeast corner of said parcel; thence
S 43°1001" W, 58.66 ft; thence along a curve to the
left (radius = 1612.83 ft, central angle = 00 0 5609"
chord bears S 42 0 41'56" W, 26.34 ft) an arc distance
of 26.34 ft; thence N 45 0 3003" W, 130.72 ft; thence
N 23 0 3638" W, 123.30 ft; thence N 534017" E, 67.32
ft; thence S 31 0 45'34" E, 123.49 ft; thence S 49'57'
39" E, 162.48 ft to the point of beginning.
A TEMPORARY EAT-1'17.,NT DESCRIBED AS FOLLOWS:
Beginning at the northeast corner of the above des-
cribed parcel; thence southwesterly along the southeast
parcel line (northwest R.O.W. line of Telegraph Rd.)
a distance of 225 ft to a point; thence N 46''15'15"
359.98 ft; thence N44 ,1',1" r, 224.93 ft to a no'n -: on
the northeast line of said parcel; "lens?. 4 15'15"
355.0 ft to the point of beqinnin(7, exce-)c that ,Dorti.„7,n
covered by the above described permanent ease-,t.
_
SEE ATTACHMENT "A"
Said temporary easement(s) shall terminate upon the
completion date of construction.
It is understood that the PONTIAC CREEK EXTENSION DRAIN
DRAINAGE DISTRICT-shallHh-avethe right to sell, assign, transfer
1 or-convev this right-of-way to anyother governmental unit and
that the said Drainage District or its successor in title may
enter- upon the above described premises for the purpose of re-
pairing, installing, and maintaining drainage facilities.
1
The PARTY OF THE FIRST PART herewith agrees not to build
or convey to others permission to build any permanent structures
1 on the above described right-of-way.
This instrument shall be binding upon and inure to the 1
benefit of the parties hereto, their heirs, representatives,
successors and assigns.
A map of the above property is attached hereto and made
1 a part hereof.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has
caused its signature to be affixed hereto this clay
of , 19
WITNESSES: 0U NT? OF CAI:LA.,,,TD
By
By
ACYNOULT7 DGrMENT
STATE OF
COUNTY OF
On this day of , A.D. lq
before me, a Notary Public in and for said county, personally
appearc,d and
to me personally known, who being by me severally duly sworn,
did say that they are respectively the and
of the County of Oakland
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 County of Oakland.
Notary Public, County, MI
My commission expires
This instrument drafted by:
James W. Isaacs, Office of
Oakland County Drain Commissioner
-No. 1 Public Works Drive
Pontiac, Michigan 43054
WATERFORD TOWNSHIP PARCEL 29R
PONTIAC CREEK DRAIN 13-13-451-001
ATTACHMENT "A"
I. A temporary snow fence shall be erected by the Contractor prior
to beginning construction over the subject property along the
northeasterly property line of. the subject parcel and along the
scuthwestorly•limit of the temporary construction easement,
2. Upon completion of construction the subject property shall be
re-seeded by the Contractor with a 'wild flower" seed mix.
PERMANENT EASEMENT
TEMPORARY EASEMENT
DRAWING / OF /
OAKLAND COUNTY DRAIN COMMISSION RIGHT-OF-WAY DEPARTMENT
PROJECT
EASEMENT PARCEL NO,
SIDWELL NO.
this 10th day of // ) March_ 19 88
Courly Clerk/Register of Deeds
LLEN
March 10, 1988
Misc. Resol. No. 88049
Moved by Hobart supported by Skarritt the resolution be adopted.
AYES: 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, Bishop. (23)
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
this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meetinc held o March 0, 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 hard and affixed the
seal of said County at Pontiac, Michigan