HomeMy WebLinkAboutResolutions - 1988.09.22 - 17672MISCELLANEOUS RESOLUTION 88227 •-• September 8, 1988
BY: PLANNING AND BUILDING COMMITTEE, Anne M. Hobart, Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - Sale of
Vacant Property, City of Pontiac-Sidwell 14-18-226-001
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr, Chairperson, Ladies & Gentlemen:
WHEREAS, the County of Oakland is the owner of vacant
land located in the City of Pontiac, and;
WHEREAS, the Property was appraised by Robert H. Scott
at $85,000.00 and Pontiac Appraisal Servide submitted an
appraisal of $74,500.00, and;
WHEREAS, Corporation Counsel, Real Estate Section has
advertised this parcel for sale pursuant to Miscellaneous
Resolution No. 87176 and 88068, and;
WHEREAS, no offers were submitted through advertising of
this Parcel, and;
WHEREAS, the Department of Corporation Counsel, Real
Estate Section has received an offer of $50,000.00 from the Hole
Family Trust, and;
WHEREAS, the Department of Corporation Counsel, Real
Estate Section recommends the acceptance of this offer.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners accepts this offer in the amount of
$50,000.00 from the Hole Family Trust.
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
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THE/FOREGOING RESOLUTION
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FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WITLIAM CADDELL, CHAIRPERSON
IN RE: CORPORATION COUNSEL - REAL ESTA1E SECTION - SALE OF VACANT
PROPERTY, CITY OF PONTIAC - SIDWELL 14-18-226-001
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mt. (hairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #88 and finds:
1) The County acquired land located in the City of Pontiac in 1942
by forfeiture due to unpaid taxes;
2) The County has received an offer of $50,000;
3) The County will realize a gain on sale of land of $50,000;
4) The 1988 revenue budget should be amended to recognize $50,000 as
a gain on sale of property in the Land Sales Fund (account
#3-26000-115-10-00-2162);
5) The 1988 expenditure budget should be amended to increase general
fund contingency to correspond (account #4-10100-909-01-00-9900).
FIANCE COMMITTEE
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OFFER TO PURCHASE
1. THE UNDERSIGNED hereby offers and agrees to purchase
the following described property:
Sidwell No. 14-18-226-001
for the sum of
( $50,000.00 ).
Fifty Thousand Dollars
2. CASH SALE: The sale is to be consummated by delivery
of the usual Quitclaim Deed conveying title. DEPOSIT
CHECKS MUST BE MADE PAYABLE TO PURCHASER; CLOSING
CHECKS MUST BE MADE PAYABLE TO COUNTY OF OAKLAND; (ONLY
CERTIFIED CHECKS WILL BE ACCEPTED).
3. GENERAL CONDITIONS of sale as listed below, are a part
of this offer. This is a legal document and the County
recommends that all parties to this agreement retain an
attorney to protect their interest in this transaction.
A. Ten percent (10%) deposit shall accompany all
offers to purchase. CHECKS MUST BE CERTIFIED AND
MADE PAYABLE TO PURCHASER.
B. As evidence of title, the County agrees to
furnish Purchaser a policy of title insurance in
an amount not less than the purchase price,
bearing date later than the acceptance hereof and-
guaranteeing marketable title.
C. If this offer is accepted by the Seller and if
title can be conveyed in the condition required,
the County agrees to complete the sale within ten
(10) days after delivery of the Commitment of
Title insurance. In the event of default by the
Purchaser, the County may, at its option, elect
to enforce the terms hereof or declare a
forfeiture and retain the deposit as liquidated
damages.
D. In the event of default by the County, the
Purchaser shall be entitled to an immediate
refund of his entire deposit in full termination
of this agreement.
E. If objection to the title is made, based upon a
written opinion of Purchaser's attorney that the
title is not in the condition required for
performance hereunder, the County shall have
thirty (30) days from the date it is notified in
writing of the particular defects claimed, either
(1) to remedy the title, or (2) to obtain title
.insurance as required above, or (3) to refund
deposit in full termination of this agreement if
unable to remedy the title or obtain title
insurance. If the Seller remedies the title or
shall obtain such title policy within the time
specified, the Purchaser agrees to complete the
sale within ten (10) days of written notification
thereof. If the Seller is unable to remedy the
title or obtain title insurance within the time
specified, the deposit shall be refunded
. forthwith in full termination of this agreement.
F. The covenants herein shall bind and inure to the
WITNESSES:
Dated: July 22, 1988
benefit of the executors, administrators,
personal representatives, successors and assigns
of the respective parties.
G. The closing of this sale shall take place at the
office of OAKLAND COUNTY CORPORATION COUNSEL,
1200 North Telegraph Road, Courthouse Tower,
Pontiac, Michigan 48053, or a place of the
County's choice.
H. Purchaser has been extended an opportunity to
review any or all records regarding referenced
property, on file in the RealEstate Section
Offices of Corporation Counsel, Executive Office
Building, Room 100, 1200 North Telegraph Road,
Pontiac, Michigan 48053.
a perma . easement over to- oescribed
property. The Coun '-e right to assign
this easement that the
c - b e
J. This offer is subject to approval by the OAKLAND
COUNTY BOARD OF COMMISSIONERS.
K. Purchaser acknowledges that he is aware that some
of the members of the OAKLAND COUNTY BOARD OF
COMMISSIONERS are licensed real estate brokers
and/or salespersons.
L. This agreement supersedes any and all
understandings and agreements and constitutes the
entire agreement between the parties hereto, and
no oral representations or statements shall be
considered a part hereof. Purchaser understands
and acknowledges that he is purchasing in an "as
is" condition and that the County makes no
warranties as to the land and structure purchased
or the conditions thereof. Purchaser
acknowledges that he has inspected the premises
covered hereby and that he is satisfied with its
condition. Purchaser acknowledges the receipt of
a copy of this offer.
PURCHASER:
Hole Family Trust
/./
/1-17
Marvin Hole, Trustee
Address 244 W. Sheffield
Pontiac, MT 48055
Telephone (313) 338-4422
Addendum to this offer As follows:
10% down payment and $45,000 balance to be paid in equal monthly
payments of $1,500.00 each in accordance with the attached
payment schedule.
PAYMENT SCHEDULE
Term -35 months
Interest - 10% simple
Monthly Payment - $1500.00
Principal Payment Interest Principal Balance
- $45,000.00
1. $1125.00 $47500 ,,,... - 43,875.00
2. 1134.38 365.62 42,740.62
3. 1143.83 356.17 41,506.79 ,. .,
4. 1153,36 346,64 ' 40,443,43
5. 1162.97 337.02 39,280.46
6. 1172.66 327.34 38,107.80
7. 1182.44 317,56 36,925,36
8. 1192.29 307,71 35,733.07
9. 1202.23 297.77 34,530.84
10. 1212.24 287.76 33,318.60
11. 1222.35 277.65 32,096.25
12. 1232.53 267.47 30,863,72
13, 1242.80 257.20 29,620,92
14. 1253.16 246.84 28,367.76
15. 1263.60 236.40 27,104.16
16. 1274.13 225.87 25,830.03
17. 1284,75 215.25 24,545.28
18. 1295.46 204.54 23,249.32
19. 1306.25 193.75 21,943.57
20. 1317.14 182.86 20,626.43
21. 1328.11 171.87 19,298.32
22. 1339.18 160.82 17,959,14
23. 1350.34 149,66 16,608.80
24. 1361.59 138.41 15,247,21
25. 1372.94 127.06 13,874.27
26. 1384.38 115.62 12,489.39
27. 1395.92 104.08 11,093.97
28. 1407.55 92.45 9,686,42
29. 1419.28 80.72 8,267.14
30. 1431.11 68.89 6,836.03
31, 1443,03 56.97 5,393,00
32. 1455.06 44.94 3,937.94
33. 1467.18 32.82 2,470.76
34. 1479.41 20.59 991.35
35. 991.35 8.26 - 0 -
CORPORATION COUNSEL
REAL ESTATE SECTION
ACKNOWLEDGEMENT OF DEPOSIT
RECEIVED from the above named Purchaser(s)
whose address is
the sum of
by certified check, to be applied to the above Offer to
Purchase as indicated in paragraphs (3(A) and (3(B), or will
be returned forthwith after tender if the foregoing offer and
deposit is declined.*
Total Amount of Offer $
Less Deposit
Unpaid Balance
CORPORATION COUNSEL
REAL ESTATE SECTION
Dated: By:
*THIS ACKNOWLEDGMENT IS FOR THE DEPOSIT ONLY AND DOES NOT
CONSTITUTE ACCEPTANCE OF THE ABOVE OFFER TO PURCHASE. DEPOSIT
CHECKS MUST BE MADE PAYABLE TO PURCHASER.
ACCEPTANCE BY SELLER
The Foregoing offer is accepted by Seller, COUNTY OF
OAKLAND, in accordance with the terms stated above.
SELLER:
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
Dated: By:
Chairperson
COUNTY BOARD OF
COMMISSIONERS
OAKLAND
The undersigned Purchaser hereby acknowledges this
receipt of the Seller's signed acceptance of the foregoing
Offer to Purchase.
PURCHASER:
Dated:
a
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SURVEYOR'S CERTIFICATE
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CERTFICATE OF SURVEY ,.
Land in the northeast 1/4 of Section 18; T3N, RIDE, City of Pontiac,
Oakland County, Michigan, described as comniencing at the East 1/4
corner of said section; th along the section line N 1'32'35" ;--4, 1702.29 1 ;
th S 88°00'37" W, 43.00' to the northeast corner of Lot 1,"Schlee Woods
Subdivision" (L. 86, P. 39, 0.C.R.) and the Point of Beginning:
Th along the north line of said subdivision S 88"00!37" W. 718.17' to
the northwest corner of said subdivision; th S 87 0 53 1 36" W, 554.99';
th N 154 1 20" W, 154.25' to the southerly right-of-way line of the
G.T.W.R.R.; th along said right-of-way line the following courses:
N 42'08'24" E. 55.69'; th 434.89 along a curve to the right, radius
602.96', chord N 67'48'09" E, 425.53 1 ; th N 8827'54" E, 834,08' to the
west right-of-way line of Stanley Avenue; th along said right-of-way line
S 1 0 32'36" E, 329.94' to the Point of Beginning, containing 9.210 Acres.
lea juther_In Registered Lana Surveyor in the Stare DI Michigan!
II have surveyed the parte(%) of land hereoa described; that there are no encroachments
lown; that the field error of cloturt 'ii 1 part 'm 14 .45E_
aye complIed with th survey reptiments oh Pubric At, 132 of 1970.
I this property it requited to rperttr4 this iry'r?ortirnt at the time of safe.
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ALLEN, County Clerk/Register of De
,- .Resolution # 88227 September 221988
Moved by Hobart supported by Rowland the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Hobart supported by Angus McPherson the resolution be adopted.
AYES: Pernick, Rewold, Rowland, Skarritt, Aaron, Caddell, Calandro, Crake,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McDonald, A. McPherson,
R. McPherson, Moffitt, Page. (21)
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 an_ •Seotember22, 1988
with the original 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
this