HomeMy WebLinkAboutResolutions - 1988.10.27 - 17626ANNING AND BUILDING COMMITTEE
Y APPROVE THE FOREGOING RESOLUTION
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Miscellaneous Resolution 88289 October 27, 1988
BY: Planning and Building Committee, Anne M. Hobart, Chairperson
IN RE: CORPORATION COUNSEL-REAL ESTATE SECTION-Quit Claim of
Permanent Easement, North Evergreen Interceptor, Ext. No. 1,
Sewage Disposal System, City of Bloomfield Hills, Tax Parcel 19-22-151-018
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland, through its Department of Public
Works, is the owner-operator of the North Evergreen Interceptor,
Extension No. 1, Sewage Disposal System, located in the City of Bloomfield
Hills; and
WHEREAS, through periodic inspection of this System, it was found
that a portion of the residence located at 740 Lone Pine Road, Bloomfield
Hills, Michigan 48013, and identified on the tax rolls as Parcel
19-22-151-018 is located over the interceptor sewer owned by the County;
and
WHEREAS, the parties agreed that the situation, as it is now, is
dangerous to the health, safety and welfare of the residents of Oakland
County and property owner; and
WHEREAS, the parties are desirous of correcting the SituaitOn; and
WHEREAS, the County has agreed with the present property owner
to Quit Claim the existing easement in exchange for a new easement
covering the relocation of this sewer.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners agrees to Quit Claim the present easement located across Tax
Parcel 19-22-151-018 in exchange for a new easement covering the
relocation of this sewer.
BE IT FURTHER RESOLVED that the attached Agreement(s) hereby
become a part of this resolution.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners directs its Chairperson to execute the necessary easements
to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
AGREEMENT
THIS AGREEMENT made this day of , 1988,
by and between the County of Oakland (hereinafter referred to as
"County") acting through its Department of Public Works, and
Beverely Wagner (hereinafter referred to as "Owner"), title
holder of certain property described as Tax Sidwell No.
19-22-151-018, commonly known as 740 Lone Pine Road, Bloomfield
Hills, Michigan 48013;
WHEREAS it has come to the attention of the parties to
this Agreement that Owner's residence and appurtenances are
currently located over an interceptor sewer owned by the County
constructed within an easement granted by the property owner's
predecessor in title, commonly known as the North Evergreen
Interceptor Extension No. 1, and
WHEREAS the parties agree that the situation as it is now
is dangerous to the health, safety and welfare of the residents
of Oakland County and property owner, and
WHEREAS the parties are desirous of correcting the
situation,
NOW THEREFORE, it is agreed as follows:
1. That the County will relocate the sewer according to the
plans and specifications prepared by Seiber-Keast Associates,
Inc., Consulting Engineers,
2. That the County will do, or cause to be done, all work
attendant to the relocation of the sewer line including, but not
limited to, construction, inspection, engineering, clean up,
restoration and whatever else is necessary to reasonably restore
owner's property to its original condition,
3. That in addition to the work described in the plans and
specifications, the abandoned section of the sewer shall be
filled in in order to protect against subsidence,
4. That the estimated cost of the project is $30,000.00,
5. That the parties agree to share all costs relative to
the relocation and abandonment of the existing sewer on a 50-50
basis, the County's funds to be obtained from the Construction
Fund of the North Evergreen Interceptor rather than the County
General Fund,
6. That the County agrees to use its best efforts to
minimize the cost of relocation and abandonment,
7. That the County agrees to proceed with the relocation
and abandonment at its own cost,
8. That Owner agrees to contribute her share after all work
is completed,
9. That Owner agrees to provide the County with the
necessary easements for the relocation,
10. That the County agrees to quit claim the easement area
encompassing the abandoned easement upon placement of the
relocated sewer in service,
11. That the County agrees not to begin construction until
Owner vacates the premises for the winter,
12. That the County agrees that time is of the essence and
the County will make its best effort to relocate and abandon the
existing sewer and restore Owner's property by the next growing
season from the beginning of construction.
Signed the day and year first above written.
Witnesses:
Beverly Wagner
Milton W. Handorf, Director
Oakland County Public Works
Department
RESOLUTION # 88289 October 27, 1988
Moved by Hobart supported by McConnell the resolution be adopted.
AYES: A. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland,
Skarritt, Aaron, Caddell, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn,
Lanni, Luxon, McConnell, McDonald. (22)
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 October 27 $ 19 88 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 27th day of October , 1988
• LYNN D. ALLEN, County Clerk
Register of Deeds
Deputy Clerk