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HomeMy WebLinkAboutResolutions - 1987.10.08 - 18076October 8, 1987 87264 MISCELLANEOUS RESOLUTION BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF CORPORATION COUNSEL - REAL ESTATE SECTION - Easement for K Mart Coporation and Wolverine II Limited Partnership TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: WHEREAS the County is the owner of a parcel of property in the City of Pontiac, consisting of 9.45 acres (Sidwen # 14-19-351-004) which is vacant and is located south of the County Service Center; and WHEREAS said parcel abuts property presently being developed by K Mart Corporation and Wolverine II Limited Partnership into a shopping center; and WHEREAS K Mart Corporation and Wolverine II Limited Partnership have requested County approval for the construction of a landscaped berm, a 42 foot portion of which would be on County land; and WHEREAS the County would benefit from the construction of the proposed berm as it would provide an effective screen from viewing the rear of the Builder's Square Home Improvement Center which will be constructed north of the existing shopping center and further, the berm would be aesthetically pleasing and heavily landscaped; and WHEREAS the proposed berm has been reviewed and approved by Tom Lepping, and Donald Malinowski of the Department of Facilities and Operations; and WHEREAS the Planning Division concurs that the proposed berm would be compatible with the County Master Plan, and consistent with County efforts to replant and reforest selected campus areas; and WHEREAS this easement agreement will grant to the K Mart Corporation and Wolverine II Limited Partnership (Trammell Crow) the right to construct and maintain a berm in said easement area. r WHEREAS the County Executive recommends granting a 42 foot easement for the proposed berm to K Mart Corporation and Wolverine II Limited Partnership; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves granting a 42 foot easement, per the attached Agreement, to K Mart and Wolverine II Limited Partnership and directs its Chairperson to execute the attached Agreement and Grant of Easement upon approval of this Agreement by the K Mart Corporation and the Wolverine II Limited Partnership. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT (this "Agreement"), made this day of , 1987, by and between the County of Oakland, a Michigan Constitutional corporation, the address of which is 1200 North Telegraph Road, Pontiac, Michigan 48053 ("County" or "Grantor"); K Mart Corporation, a Michigan corporation, the address of which is 3100 West Big Beaver Road, Troy, Michigan 48084 ("K Mart"); and Wolverine II Limited Partnership, a Texas limited partnership, the address of which is One Pierce Place, West Tower, Suite 400, Itasca, Illinois 60143-2681 ("Wolverine"). WITNESSETH: WHEREAS, the County owns that certain parcel of land located in the City of Pontiac, Oakland County, Michigan more particularly described as: That part of the W 550.0 ft of the SW 1/4 of the SW 1/4 of Section 19 T3N, R.I.O.E., lying south of Assessor's Plat No. 1 except that part taken for road purposes, City of Pontiac, Oakland County, Michigan and otherwise known as Tax Parcel 14-19-351-004 on the City of Pontiac Tax Rolls, hereafter referred to as the "County Parcel" and also depicted and labelled "County Parcel" on the schematic drawing attached hereto as Exhibit A (the "Schematic Drawing"); and WHEREAS, K Mart owns that certain parcel of land located in the City of Pontiac, Oakland County, Michigan, more particularly described on attached Exhibit B-1 (the "K Mart Parcel") and also depicted and labelled "K Mart Parcel" on Exhibit A (the Schematic Drawing); and WHEREAS, Wolverine owns that certain parcel of land located in the City of Pontiac, Oakland County, Michigan, more particularly described in attached Exhibit B-2 (the "Wolverine Parcel") and also depicted and labelled "Wolverine Parcel" on Exhibit A (the Schematic Drawing); and WHEREAS, K Mart and Wolverine have entered into that certain Development Agreement dated as of June 25, 1987, under the terms and conditions of which Wolverine is obligated to prepare the K Mart Parcel for the construction by K Mart of a Builders Square retail sales facility, which obligation includes, without limitation, the construction of a landscaped berm along the north boundary line of the K Mart Parcel according to the two pages of plans and specifications attached hereto as Exhibit C (the "Berm Plans and Specifications"), including without limitation the installation of a fence; and WHEREAS, the construction of the proposed berm is necessary to comply with existing zoning requirements which is a prerequisite of the proposed utilization of the K Mart Parcel (Exhibit B-1) and the proposed operation and utilization of the Wolverine Parcel (Exhibit B-2) as a retail shopping center in accordance with that certain Operation and Easement Agreement (Liber 9481, Page 465, Oakland County Register of Deeds) whereby Wolverine has easements and maintenance responsibilities for common shopping center areas; and WHEREAS, K Mart and Wolverine desire to locate a portion of the berm on a portion of the County Parcel more particularly described as being the south 42 feet of the above described County Parcel, hereafter referred to as the "Easement Area" and also depicted and labelled "Easement Area" on Exhibit A (the Schematic Drawing) for the purpose of complying with applicable zoning requirements in the development and operation of the K Mart and Wolverine Parcels; and WHEREAS, the County desires to grant an easement for the construction, installation and location of the berm over, under, across, within and upon the Easement Area, but only upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easement (a) The County, subject to the terms, conditions, and covenants contained in this Agreement, hereby grants to each Wolverine and K Mart (hereinafter collectively referred to as the "Grantees") an easement (The "Easement") over, under, and across the south 42 feet of the County Parcel, as herein described, (also described herein as the Easement Area) expressly and exclusively for the purpose of constructing , maintaining, and repairing a berm as described in Exhibit C (the Berm Plans and Specifications). (b) In connection with the above grant, for the sole purpose of constructing, maintaining, or repairing the berm in the Easement Area, the County agrees that, upon reasonable prior notice from Grantees, Grantees shall be allowed reasonable rights of ingress and egress across the south 80 feet of the County Parcel, as described herein (i.e., an additional 38 feet beyond the Easement Area). (c) Grantees shall construct and maintain the berm in a first class workmanlike manner, in accordance with the Berm Plans and Specifications (Exhibit C) and using only those materials described therein. Grantees also agree to install a low fence on and along the length of the property line between the County and K Mart Parcels. Any material changes from the Berm Plans and Specifications (Exhibit C) shall be approved by the Oakland County Board of Commissioners (the "Commissioners"); provided, however, that if within 60 days after the submission by Grantees to the Commissioners of a proposed change the Commissioners have not responded to Grantees, the proposed change shall be deemed approved. The Commissioners specifically reserve the right to reject any proposed material changes and insist upon performance in accord with the terms of this Agreement. (d) The County acknowledges that it has received, reviewed and approved the Berm Plans and Specifications (Exhibit C). (e) Grantees shall complete the construction, installation and landscaping of the berm on or before October 31, 1988 (the "Completion Date"); provided, however, that the Completion Date may be extended by a written modification of this Agreement, executed by the parties hereto and recorded in the office of the Oakland County Register of Deeds. (f) In the event that Grantees fail to complete the construction, installation and landscaping of the berm in accordance with the Berm Plans and Specifications (Exhibit C) by the above Completion Date, the County may treat this failure to complete as a default under this Agreement and may exercise any rights upon default, in accord with Paragraph 6, granted under this Agreement. (g) This Easement shall be appurtenant to and for the benefit of the Grantees' Parcels as described in Exhibits B-1 and B-2 and for the use of K Mart, Wolverine and their respective agents, employees, representatives, successors and assigns. 2. Maintenance and Repair. Grantees shall be and remain responsible for the continuing maintenance and repair of the berm. Grantees shall maintain the berm in first class condition, including without limitation the prompt removal of all paper, debris, filth or refuse from the berm and the repair of sprinkler systems and waterlines, if any. Grantees shall at all times keep the Easement Area free and clear of all signs, advertisements, pavement, vehicles, buildings, sheds, refuse containers, dumpsters and any other structures, materials, fixtures or containers not specifically included or described in the Berm Plans and Specifications (Exhibit C). Grantees shall at all times practice accepted horticultural methods to maintain the trees and landscaping materials located upon the berm in a healthy and viable condition so as to perpetuate desired and valuable trees and the succession of plants in the Easement Area. All repairs to the berm and any replacement of plants or materials shall be made with apparatus, facilities, plants or materials of quality at least equal to the quality of the apparatus, facilities, plants or materials being repaired or replaced. If in connection with the maintenance and repair hereunder required, Grantees deem it necessary to maintain or repair the berm in a manner substantially dissimilar from the Berm Plans and Specifications (Exhibit C), Grantees shall submit the proposed alteration to the Commissioners for their approval. If within 60 days after its receipt of any proposed alteration the Commissioners have not responded to Grantees, the proposed change shall be deemed approved. The Commissioners reserve the right to reject any proposed material changes or alterations from the attached Berm Plans and Specifications (Exhibit C) and insist upon performance in accordance with the terms of this Agreement. 3. Termination (a) The County grants this Easement subject to the following conditions: (i) That if any time hereafter the City of Pontiac shall no longer require that a berm, as described in the Berm Plans and Specifications (Exhibit C), exist as a condition to the continued use and operation of Grantees' Parcels, then, 30 days after written notice to the other parties to this Agreement, and upon the filing of the memorandum referred to in Paragraph 3(a)(iv) below, this Easement and any and all Grantees' property interests in the Easement Area as described in this Agreement shall become null and void and any and all Grantees' property interest in the Easement Area shall automatically and otherwise unconditionally revert to the Grantor. Under the following circumstance only: that if at any time prior to such a change occuring in the City of Pontiac's zoning requirements, any other governmental authority having the power to regulate the land use of the Grantees' Parcels (Exhibits B-1 and B-2) or the Easement Area shall specifically require that a berm, as described in the Berm Plans and Specifications (Exhibit C), continues to exist as a condition to the continued use and operation of Grantees' Parcels, the automatic reversion described in the preceding paragraph shall be temporarily delayed in effect and shall not apply for so long as such circumstance may continue. Upon any termination of such circumstance as described in this paragraph, the automatic reversion described in the preceding paragraph shall be given full and immediate effect. (ii) That if any time hereafter, the proposed developments on Grantees' Parcels (Exhibit B-1, and Exhibit B-2,) shall not be used primarily for retail shopping purposes or if the purposes of this development should change from that contemplated at the time of this grant, then 30 days after written notice by the County to the Grantees, and upon the filing of the memorandum referred to in Paragraph 3(a)(iv) below, this Easement and any and all Grantees' property interests in the Easement Area as described in this Agreement shall become null and void and any and all Grantees' property interest in the Easement Area shall automatically and otherwise unconditionally revert to the Grantor. (iii) That the property described in the Easement Area shall be used solely and exclusively for the purpose of a landscaped berm as described in the Berm Plans and Specifications (Exhibit C). Should Grantees breach this condition by using this property in a manner inconsistent with this express purpose and intent or in a manner different from that specifically described and contemplated in Exhibit C, (the Berm Plans and Specifications), then 30 days after written notice by the County to the Grantees, and upon the filing of the memorandum referred to in Paragraph 3(a)(iv) below, this Easement and any and all Grantees' property interests in the Easement Area as described in this Agreement shall become null and void and any and all Grantees' property interest in the Easement Area shall automatically and otherwise unconditionally revert to the Grantor. (iv) The occurrence of any of the above express conditions ("Events of Termination") shall be evidenced by a written memorandum together with any appropriate or necessary supporting documents and the Easement shall not terminate until such memorandum has been filed with the Oakland County Register of Deeds by the Grantor. (v) Any Event of Termination, as described in this section, shall terminate any or all Grantees' property interests in the Easement Area, but shall not extinguish, waive or otherwise limit the County's rights or recovery for any default or breach of this Agreement occurring prior to the Event of Termination. In addition, any Event of Termination shall not extinguish, limit or waive Grantees' obligations described in the following subparagraphs (b), (c) and (d). (b) If an Event of Termination occurs prior to the Grantees' completion of the construction, landscaping, or installation of the berm in accordance with the Berm Plans and Specifications (Exhibit C), the Grantees, at their sole cost and expense, agree to complete the construction, landscaping and installation of the berm in accordance with the specifications contained in Exhibit C. (c) At any time after the recordation of the written memorandum, as described in subparagraph (a) (iv) above, the County shall have the option to require Grantees to remove the berm from the Easement Area and to restore the Easement Area to a condition as close as possible to that condition of the Easement Area which existed prior to the construction and installation of the berm; provided, however, that in no event shall the County require that the berm be removed prior to November 1, 1989. Grantees shall be solely responsible for the cost and installation of adequate measures, which may include the installation of a retaining wall, to provide lateral support for the K Mart Parcel after the berm is removed by Grantees. Grantees' responsibilities for, and means of providing lateral support for the K Mart Parcel in the event of removal of the berm by Grantees, shall not otherwise diminish, limit, or interfere with the County's right to complete restoration of the Easement Area as provided in this paragraph. (d) Subject to the provisions of subparagraph (c), above, to remove the berm and restore the Easement Area; upon the occurrence of an Event of Termination, the County shall thereafter at its sole cost and expense maintain, repair, modify or otherwise utilize the Easement Area in any manner that the County determines to be in its best interest, consistent with the legal rights and obligations of owners of property, including lateral support. Furthermore, in this regard, the County may, with reasonable prior notice to Grantees, utilize those portions of the Grantees' Parcels as are reasonably necessary for ingress and egress to and from the Easement Area; provided, however, that the County shall conduct its work in an expeditious manner so as to minimize interference with the use of the Grantees' Parcels, as the case may be. 4. Public Liability Insurance. From and after the date of this Agreement, Grantees shall maintain public liability insurance for the Easement Area against risks of bodily injury, property damage and personal injury liability with a limit of not less than $1,000,000 for each occurrence, coverage to be in a comprehensive general liability form. The insurance policies required hereunder shall name the County as an additional insured party and shall contain a specific provision requiring 30 day written notice to the County prior to any amendments, endorsements, cancellations, or any other policy changes that may effect the insurance coverage or County's rights to indemnification. Grantees may carry the insurance required hereunder as part of a blanket policy of insurance. 5. Restoration. If the construction, operation, maintenance, replacement or repair of the berm shall result in damage or destruction to either the surface of or any foliage upon the County Parcel or to any improvement now or hereafter located upon the County Parcel, Grantees shall at their sole cost and expense restore the County Parcel and any damaged improvements to the condition which existed prior to the infliction of any damage or destruction to the County Parcel or any improvements located upon the County Parcel. 6. Rights Upon Default (a) In the event that Grantees fail to perform, or otherwise default upon their covenants under this Agreement, for a period of 30 days after written notice to each Grantee from the County, any covenant required by this Agreement to be performed by Grantees at Grantees' cost and expense, the County, upon the expiration of such 30 day period may, but shall not be obligated to, enter upon the Grantees' property and perform such obligations of Grantees, charging the Grantees the reasonable cost and expense thereof, and Grantees agree to pay the County such charges; provided, however, that if Grantees' failure to perform any such obligation adversely affects or endangers the health or safety of the public or the County's employees, or significantly endangers the County's property and if the County so states in its notice to Grantees, the County may, but shall not be obligated to perform such obligations of the Grantees at any time after giving such notice and without awaiting the expiration of the 30 day period above. The County shall charge and Grantees agree to pay, as above, the reasonable costs and expenses of such performance by the County. (b) All costs and expenses reasonably incurred by County to cure a default, together with all costs and expenses of any proceedings at law or in equity, including reasonable attorneys' fees awarded by an order of a court of competent jurisdiction, shall be assessed against and paid by Grantees. (c) Any unpaid costs and expenses accruing against Grantees under this Agreement shall constitute liens against the Grantees' Parcels. The liens shall attach and take effect only upon the recordation of a claim of lien in the office of the Register of Deeds of Oakland County, Michigan. The claim of lien shall include the following: (i) The name of the lien claimant; (ii) A statement concerning the basis for the claim of the lien and identifying the lien claimant as the curing party; (iii) An identification of the owner or reputed owner of the parcel; (iv) A description of the parcel against which the lien is claimed; (v) A description of the work performed , which has given rise to the claim of lien and a statement itemizing the amount thereof; and (vi) A statement that the lien is claimed pursuant to the provisions of this Agreement, reciting the date and the liber and page where this Agreement is recorded. The notice shall be duly verified and acknowledged and have attached to it a proof of service that a copy thereof has been served (i) the parties against whom the lien is claimed and (ii) the Office of the Treasurer of Oakland County, Michigan. The lien shall attach from the date of recordation and may be enforced in any manner allowed by law, including without limitation suit in the nature of a suit to foreclose a mortgage or construction lien under applicable provisions of the laws of Michigan. 7. Mineral Rights. The County excepts from the Easements granted hereunder and reserves unto itself all coal, oil, gas and other mineral rights (except sand, gravel, clay and other nonmetallic minerals) lying and being upon, within or under the Easement Area. 8. Indemnity. Grantees hereto shall indemnify and hold the County harmless from and against any and all liabilities, obligations, assessments, suits, Worker Compensation Claims, damages for business interruption, actions, proceedings, claims or demands, including reasonable attorney's fees, asserted against or incurred by the County, its successors and assigns and arising out of or in Connection with the obligations of Grantees under this Agreement; provided, however, Grantees hereto shall not have an obligation to indemnify and hold the County harmless from liabilities arising out of the negligent acts of the County, its agents or employees. 9. Grantees' Joint and Several Liability. Grantees (K Mart and Wolverine) agree for themselves, their successors and assigns, that any disputes as to liability for damages, breach, costs, default, and other expenses or performance obligations under this Agreement between the Grantees shall be resolved solely between Grantees and that the County shall not be made a party to any such dispute and shall otherwise be held harmless by the Grantees, their successors and assigns. Grantees acknowledge that it is the intent of the parties to this Agreement and grant that Grantees shall be jointly and severally obligated. Grantees (K Mart and Wolverine) for each themselves and for each other and for their successors and assigns hereby jointly and severally covenant and agree to be liable or obligated to the County, its successors or assigns, for any damage, breach, cost, default or other expense or performance obligation under this Agreement. 10. Title. Upon the termination of the Easements, granted in this Agreement, all rights, title and interests of the Grantees in and to the materials comprising the berm, as described in Exhibit C (the Berm Plans and Specifications), including without limitation any plants, trees or shrubs, shall without the requirement of any further act be vested in the County; provided, however, that if the County elects to require Grantees to remove the berm as provided in Paragraph 3(c), above, Grantees shall have the right to salvage for their own use any and all materials comprising the berm as they may in their sole discretion desire. Upon the termination of this Agreement, in the event that any claims of lien are filed against the property or materials comprising the berm or located in the Easement Area, Grantees agree to remove the same within 90 days after they may be filed, or to provide the County with a bond in a sufficient amount and upon terms acceptable to the County guaranteeing the removal of any such liens. 11. Covenants Running with the Land. The terms, conditions and rights herein granted shall be deemed to be covenants running with the land. This Agreement shall be recorded against the County Parcel for the benefit of the Grantees Parcels (Exhibit B-1 and B-2) and against the Wolverine Parcel for the benefit of the K Mart Parcel. 12. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. 13. Governmental Requirements. In connection with the performance of their obligations hereunder Grantees shall comply with the requirements of all applicable laws, statutes, ordinance, rules and regulations of governmental agencies having jurisdiction over the Easement Area. 14. No Waiver. Absent an express written waiver, failure of the County to pursue any right upon default granted under this Agreement or the Grantees' right to insist upon notice as required by this Agreement, shall not be deemed a waiver of those rights in regards to any existing or subsequent default under this Agreement. 15. Entire Agreement. This Agreement and the Exhibits attached hereto and incorporated herein by this reference contain the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. All prior understandings, terms or conditions are being merged into this Agreement. This Agreement shall not be changed or supplemented orally. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. In the Presence of: COUNTY OF OAKLAND, a Michigan constitutional corporation By Its K MART CORPORATION, a Michigan corporation By Its WOLVERINE II LIMITED PARTNERSHIP, a Texas limited partnership By Its State of Michigan ) ss County of Oakland ) This Agreement and Grant of Easement was acknowledged before me this day of , 1987, by , the of the County of Oakland, a Michigan constitutional corporation, on behalf of the Corporation. Notary Public, County, Michigan. My Commission Expires: State of Michigan ) ) ss County of Oakland ) This Agreement and Grant of Easement was acknowledged before me this day of , 1987, by , a vice-president of the K Mart Corporation, a Michigan corporation, on behalf of the Corporation. Notary Public, County, Michigan. My Commission Expires: State of ) ss County of This Agreement and Grant of Easement was acknowledged before me this day of , 1987, by , a Managing General Partner of Wolverine II Limited Partnership, a Texas limited partnership, on behalf of the Limited Partnership. Notary Public, County, Michigan. My Commission Expires: Drafted by and when recorded, return to: Michael Blaszczak Assistant Corporation Counsel Oakland County Corporation Counsel 1200 N. Telegraph Road Pontiac, Michigan 48053 I '&L p do SCALE. c'R --,--- ! I . . I1 42' Easemen t Centerline of fence 1---on Property Line COUNTY PARCEL -614 545 Area / /X k I Pirorr PARCEL 5 EXHIBIT A SCHEMATIC DRAWING WOLVEkINa. PARCEL k I 't k ksij• Ns N- - - - -• 1 ‘, 1 1 I, 1 1 I 1 L' 1 — "i-L 7 ---e-i4 -249 £0. — EXHIBIT B-1 K-MART PARCEL Land in the Northwest 1/4 of Section 30, T3N, R10E, City of Pontiac, Oakland County, Michigan, described as commencing at the Southwest corner of Section 19, South 89 degrees 15 minutes 33 seconds East 50.00 feet to the point of beginning and proceeding thence South 89 degrees 15 minutes 33 seconds East 450.00 feet; thence South 00 degrees 13 minutes 24 seconds East 416.00 feet; thence North 89 degrees 15 minutes 33 seconds West 450.00 feet; thence North 00 degrees 13 minutes 24 seconds West 416.00 feet to the point of beginning. Containing 4.2975 acres. Subject to easements of record. EXHIBIT B-2 WOLVERINE PARCEL City of Pontiac Land in the Northwest 1/4 of Section 30, Town 3 North, Range 10 East, City of Pontiac, Oakland County, Michigan, described as commencing at the Southwest Corner of Section 19; thence South 89 degrees 15 minutes 33 second East, 50.00 feet; thence South 0 degrees 13 minutes 24 seconds East, 416.00 feet to the point of beginning; thence South 89 degrees 15 minutes 33 seconds East 450.00 feet; thence South 0 degrees 13 minutes 24 seconds East, 784.00 feet; thence South 89 degrees 15 minutes 33 seconds East, 887.40 feet; thence South 0 degrees 13 minutes 24 seconds East, 1264.98 feet; thence South 79 degrees 21 minutes 30 seconds West 293.00 feet; thence South 89 degrees 38 minutes 48 seconds West, 624,29 feet; thence North 0 degrees 20 minutes 43 seconds West, 180.03 feet; thence North 45 degrees 16 minutes 48 seconds West 246.32 feet; thence South 89 degrees 46 minutes 37 seconds West, 200 feet; thence North 33 degrees 55 minutes 01 second West, 90.15 feet; thence North 0 degrees 13 minutes 24 seconds West, 1696.85 feet to the Point of Beginning. Part of Tax Parcel 14-19-351-005 EXCEPTING a parcel of land described as follows: City of Pontiac - Land in the Northwest 1/4 of Section 30, Town 3 North, Range 10 East, City of Pontiac, Oakland County, Michigan described as: commencing at the Southwest corner of Section 19; thence south 89 degrees 15 minutes 33 seconds east, 50.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 1447.86 feet to the point of beginning; thence south 89 degrees 15 minutes 33 seconds east, 203.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 53.00 feet; thence south 89 degrees 15 minutes 33 seconds east, 83.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 252.00 feet; thence south 89 degrees 15 minutes 33 seconds east, 48.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 24.00 feet; thence south 89 degrees 15 minutes 33 seconds east, 143.50 feet; thence south 0 degrees 13 minutes 24 seconds east, 402.96 feet; thence south 89 degrees 46 minutes 37 seconds west, 427.42 feet; thence north 33 degrees 55 minutes 01 second west, 90.15 feet; thence north 0 degrees 13 minutes 24 seconds west, 664.99 feet to the point of beginning. Part of 14-19-351-005. AND ALSO EXCEPTING land in the Northwest 1/4 of Section 30, Town 3 North, Range 10 East, City of Pontiac, Oakland County, Michigan described as: commencing at the Northwest corner of Section 30, thence south 89 degrees 15 minutes 33 seconds east, 50.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 2118.27 feet; thence north 89 degrees 46 minutes 36 seconds east, 493.00 feet to the point of beginning; thence north 89 degrees 46 minutes 36 seconds east, 320.00 feet; thence south 0 degrees 13 minutes 24 seconds east, 10.00 feet; thence north 89 degrees 46 minutes 36 seconds east 180.00 feet; thence north 0 degrees 13 minutes 24 seconds west, 75.00 feet; thence north 89 degrees 46 minutes 36 seconds east, 170.00 feet; thence south 15 degrees 20 minutes 12 seconds east, 141.91 feet; thence south 0 degrees 13 minutes 24 seconds east, 240.00 feet; thence south 10 degrees 21 minutes 23 seconds east, 81.08 feet; thence south 79 degrees 21 minutes 30 seconds west, 168.00 feet; thence south 89 degrees 38 minutes 48 seconds west, 556.04 feet; thence north 0 degrees 13 minutes 24 seconds west, 423.46 feet to the point of beginning. Part of 14-19-351-005. Propel Oakland Pointe TRAMMELL, CROW COMPANY Ikon r Evwgriten -Trees I HI. and Under, I Blake with Ital.Cedar_Stakel, rr"pw Trite r' PovifrHI.. I Dr IF SO Tree IOW leer Semi lielallon To Mel elide As k Bore To Proviso(* tirade Builders Square Landscape Sclierne uy ore IS-411 It Tweed) Guy Toast Negev To hours Rubber Rasa Drawn Checked Dale SOUCIlf AtOtifld Trlie From Orsde TO Trunk Of TM Remove Wino From Too tro Of Tree Cal Rota -- welititilite Under 4* Cal. Guy Trees over. Rubber Hose III #12 Cialv..Wint.troletedi 3' Oat,. Turnbuckle Approved Tree Wrap Irthil Cedar Stake Deep Shredded Bark Mulch Mounded Earth Saucer relleillie Guying Stake tenting Mixture Remove Burlap Front Top Rib of Earth Ball a' Mulch 0 Ilinele Mkt," ,....j. As Specifkd •....1, Scarify Bottom 01 Pit To s'Llool Moses To Si lit' Below Tree cm h Undeseebed wound Makes IS' Below Tree Pit VA)i; In Undisturbed Sol Compacted Setting led north Typical Planting, Guying & Staking Det 1 Decid ous Trees ZEI:1111 MEP BU1LDEFIS SQUARE Oakland Pointe Landscape Plantings Berm Schemes STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having 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 October 8_, 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, I have hereunto set my hand and affixed the .: seal of said County at Pontiac, Michigan 8th day of ) October 19 this VILU.4.1_ALLEN County Clerk/Register of Deeds # 87264 October 8, 1987 Moved by Hobart supported by Crake the resolution be adopted. AYES: Gosling, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, Luxon,'McDonald, A. McPherson, Page, Price, Rewold, Wilcox, Caddell, Calandro, Crake. (16) NAYS: Jensen, R. McPherson, Moffitt, Pernick, Skarritt, Aaron, Doyon. (7) A sufficient majority having voted therefor, the resolution was adopted.