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Home My WebLink AboutResolutions - 1987.05.14 - 17868MISCELLANEOUS RESOLUTION 87127 BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF CORPORATION COUNSEL - REAL ESTATE SECTION - Sale of Outlet "A" Drake Farm Sub., Tax Sidwell No 23-09-102-003, located in the City of Farmington Hills TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is owner of vacant land described as Outlot "A" of Drake Farm Sub and otherwise known as Tax Sidwell No. 23-09-102-003 on the City of Farmington Hills Tax Rolls. WHEREAS, this property was previously used as a community well and pump station site; and WHEREAS, the use was discontinued after installation of city water throughout the subdivision, and; WHEREAS, Milton W. Hand orf, Director of Public Works, recommends the disposal and sale of this property; and WHEREAS, this property was appraised by Mr. James Fuller at $10,000.00 and by Mr. Robert H. Scott at $7,000,00; and WHEREAS, Mr. Fuller and Mr. Scott recommend the splitting and sale of this property to the abutting property owners, as they considered it unbuildable and landlocked, thus having the greatest utility and value to the abutting owners; and WHEREAS, an Offer to Purchase has been received on the easterly portion of said outlet by John D. Trafelet and Claire A. Carmichael, his wife, in the amount of $2,800.00 and an Offer to Purchase in the amount of $4,510.00 on the westerly portion by Mr. and Mrs. James A. Wood s; and WHEREAS, any monies realized from the sale of this property, after cost of sale has been deducted, shall be deposited in the "Sewer and Water Reserve for General Operating Fund No. 83200, Account No. 305-011; and WHEREAS, the Department of Corporation Counsel recommends acceptance of the above described Offer to t..PPROVE THE F-OREGOING RESOLUTION Purchase. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Offer to Purchase from John D. Trafelet and Clair A. Carmichael, his wife, in the amount of $2,800.00 and from Mr. and Mrs. James A. Woods in the amount of $4510.00 for the easterly and westerly portions of Outlot A, Drake Farm Sub., Farmington Hills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it Chairperson to execute the necessary documents to effect this sale. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (7L-1„4„..2)77 /446-671-7 (I) ft) OFFER, TO T'URCHASE (1) THE UNDERSIGNED hereby offers and agrees to purchase the following described property: 3 Sidwell No. - , - .t, "C •••••• N.,. ':•°-.. (..;„•-•-frf-i--• e, i-i-e--t r. --:•f- 4- t... {',,-"". ' i i ,1, ft", .• e .•-•,, , . • .. , ,.., / . ,' .. ' , '.1 ..- .. .. (.. \ - . '-- ........./ ..."n., '''''' ' (I -.' ,..- • "---........../. ... , , „//e for the sum of f 17, • '( ) - (2) CASH SALE: The sale is to be conummeted 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) LAND CONTRACTS: (A) Payable in full; years. (B) Down Payment; Minimum 10% of offer $ (C) Rate of Interest Per Annum on Unpaid Balance (D) Monthly Payment $ (E) Delivery of usual Quitclaim Deed upon fulfillment of land contract. (4) GENERAL CONDITIONS of sale are incorporated and made a part hereof. This is a legal document and the Seller 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 WILL BE CERTIFIED AND MADE PAYABLE TO PURCHASER. (B) As evidence of title, Seller agrees to furnish Purchaser as soon as possible a policy of title insurance in an amount not less than the purchase price, bearing date later than the acceptance hereof and guaranteeing the title in the condition required for performance of this offer. If this offer is accepted by the Seller and if title can be conveyed in the condition required hereunder, the Purchaser agrees to complete the sale within ten (10) days after delivery of the Commitment of Title Insurance from a title company licensed to do business in the State of Michigan and acceptable to the Purchaser. In the event of default by the Purchaser hereunder, the Seller may, at his option, elect to enforce the terms hereof or declare a forfeiture here- under and retain the deposit as liquidated damages. (D) in the event of default by the Seller hereunder, the Purchaser shall be entitled to an immediate refund of his entire deposit in full termination of this agreement. (E) If r)bjectioa to the title is made, based upon a vritten opin:;_on of Purchase-rs attorney that the title is not in the condition, requited for performance here- under, the Seller shall have thirty (30) days from the date he 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 tea (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 benefits of the executors, administrators, successors and assigns of the respective parties. (C) 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 Corporation Counsel's choice. (0 Purchaser has been extended an opportunity to review any or all records regarding referenced property, on file in the Real Estate Section Offices of Corporation Counsel, Executive Office Building, Room 100, 1200 North Telegraph Road, Pontiac, Michigan 48053, Purchaser understands that Seller does retain a permanent easement over the described property. Seller retains the right to assign this easement. Purchaser understands that the County does not warrant that this is a build - able lot. This offer is subject to approval by the OAKT..AND COUNTY BOARD OF corussIoNERs. (C) PURCHASER. TT1 1,)e- ( ' z N\ L) - • Addres s f-'" Telephone 7-? -OFFEE: TO PURCHASE Page 2 of 2 Pages (K) Purchaser acknowledges that he is aware that some of the mcrThers of the OAKrAND COUNTY BOARD OF COMMISSIONFFS are licensed real estate brokers and/or sales- persons. (L) This agreement supersedes any and all understandings and agreements and con- stitutes the entire agreement between the parties hereto, and no oral representations or statements shall be considered a part hereof. Purchaser uuderstands and acknowledges that he is purchasing in an as is" condition and that the Seller 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. WITNESSES: 7/17e y7.Ze2I-7(= (-Z4-e9-71(1 Dated; CORPORATION COUNSEL REAL ESTATE SECTION ACKNOWLEDGMENT OF DEPOSIT RECEIVED from the above named Purchaser(s) >IVA/ /3, Ti7 e al ,e41.. Add 4 whose address address is 35361 LE-49 YJdT. the sum of rit-sic /4 ,./4) 4/4-/- 6/1%7 '4F '5- ($)80, O`C.) ) by certified check, to be applied to the above Offer to Purchase as indicated in para- graphs (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 $ 80 r Unpaid Balance $ 4Lo 5-a . op CORPORATION COUNSEL REAL ESTATE SECTION Dated: BY: i4at-L-14--2 *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 OAKLAND COUNTY BOARD OF COMMISSIONERS The undersigned Purchaser hereby acknowledges this receipt of the Seller's signed acceptance of the foregoing Offer to Purchase. PURCHASER: Dated: :z 11/84 May 19 87 14th day o EN MISCELLANEOUS RESOLUTION # 87127 May 14, 1987 Moved by Hobart supported by Calandro the resolution be adopted. AYES: Susan Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Ruel McPherson, Moffitt, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Calandro, Crake, Gosling, Hobart, Richard Kuhn. (20) 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 meeting held on May 14, 1987 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, have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Counk Clerk/Register of Deeds this