HomeMy WebLinkAboutResolutions - 1987.10.08 - 18078October 8, 1987 MISCELLANEOUS RESOLUTION 87266
BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart,
Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION -
Clinton-Oakland Sewage Disposal System -
Independence Township Extensions - Chestnut Hills
Farms No. 1 Subdivision - Quit Claim of Easement
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, a permanent sanitary sewer easement was
acquired through condemnation across a large parcel of land
now known as Chestnut Hills Farms No. 1 Subdivision for
construction of the Clinton Oakland Sewage Disposal System -
Independence Township Extensions; and
WHEREAS, the Township issued building permits
throughout the subdivision; and
WHEREAS, a house was constructed on Lot 24 of Chestnut
Hill Farms No. 1, and said house was found to be encroaching
on the permanent easement for the sanitary sewer; and
WHEREAS, the builder/owner of said house, through
negotiation with Independence Township and the Oakland County
Corporation Counsel's office, has reached agreements
concerning the easement encroachment and the protection of the
Township, the County and all subsequent owners of said Lot 24;
and
WHEREAS, it will be in the best interest of all parties
for Oakland County to release the existing easement to the
builder/owner and simultaneously obtain new easements.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the quit claiming of the
permanent sanitary sewer easement now extant across Lot 24,
Chestnut Hills Farms No. 1 Subdivision to the current title
holders of said LA.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners directs it Chairperson to execute said Quit
Claim Deed.
BE IT FURTHER RESOLVED that Oakland County, its
successors and assigns, shall be held harmless by all present
and future owners of said Lot 24; and
BE IT FURTHER RESOLVED that Oakland County obtain
simultaneously with the release of the existing easement new
easements to provide for maintenance of the existing sewer
and/or construction of a replacement sewer.
Mr. Chairperson, on behalf of the Planning and Building
Ccormittee, I move the adoption of the foregoing . resolution.
PLANNING & BUILDING COMMITTEE
'CALE:e =20'
I
MORTGAGE URVEY
57/0 '
Bloomfield Mortgage Co.
24700 Northwestern Hwy. Southfjeld 1 MT. 48075
Legal Description:. Lot 24 of "Chestnut Hill Farms No. -1" a
of Part of the S.W.* of Sec., 28, TAN., R.9E., Independence
County-, Michigan as recorded in Liber 177, Pages 21, 22 ec 23
County • records. •
I s '\ Wooditribk Exterior
IN/Basement
529 A
THOMAS M. SMITH
1290 Linville
Pontiac, MI. 48054
SURVEY FOR
ADDRESS
Bruce A. Burskey
(New Home) PHONE 674-4736
DATE 11-7-86
JoB No 86-11-12
Subdivision
Twp., Oakland
of Oakland
\\ \\ New Home
4.,ng1.e Story s
New 20.0 ft.
Permanent
Easement to be
Signed by
Mr. Burskey
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WE HEREBY CERTIFY that we have surveyeu tne property herein described;
that the buildings and improvements are located entirely as—bhown,
photograph of which was taken and of which a print is attached hereto;
and that said buildings and improvements are within the property lines
and that •there are no existing eneroaclunents upon the lands clad property
described, unless otherwise shown above.
NOTE: This survey is for mortgage purposes only and no property co/Aer
stakes were set. Do not use this for establishing 1ence -1-141
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AGREEMENT REGARDING SEWER LINE
AGREEMENT made this day of ,• 1987
between the following parties:
Charter Township of Independence, a Michigan municipal
corporation, 90 N. Main Street, Clarkston, Michigan 43016.
Bruce A. Burskey, d/b/a Done-Rite Construction, 2891
Dixie Highway, Suite 203, Pontiac, Michigan 48055.
COUNTY OF OAKLAND, a Michigan Constitutional Corporation
1200 N. Telegraph Road, Pontiac, Michigan 48053
RECITALS:
There is a municipal underground sewer line which runs
through and across Lot 24, Chestnut Hill Farms No. 1
Subdivision, independence Township, Oakland County, Michigan,
as recorded in Liber 177, page 21, et seq., Oakland County
Records (the "property"),
A residence has been constructed on the property
Bruce A. Burskey, d/b/a Done-Rite Construction.
The residence was constructed so as to encroach upon
the easement for the sewer line.
There is a concern that, in the event of a breakage,
leak, or the like, in the sewer line adjacent to the residence,
an attempt to repair or replace the line might threaten the
foundation and/or lateral support of the residence.
The parties desire to enter into an agreement whereby
it shall not be necessary to move the residence, a means shall
be provided for the repair and/or replacement of the sewer line
if needed, and the Township of Independence and County of
Oakland are protected.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
=(1) The owners of the property shall fully release
and hold harmless, defend and indemnify the Charter Township of
Independence, the County of Oakland, and all of their
respective officers, officials and employees, with respect to
all claims, losses, damages, causes of action, judgments, costs
and expenses, including reasonable attorneys fees, whether or
not the same are now known, liquidated, discovered,
discoverable and/or justifiable, which may be asserted, brought
or rendered against, incurred or suffered by, and/or imposed
upon, the Township, County, and/or officials, officers and/or
employees, by reason of, arising out of, or in relation to, the
presence of a sewer line in the location close to the residence
as now situated on the property. Without any limitation
whatsoever, the Charter Township of Independence and County of
Oakland, and their respective officers, officials and/or
employees shall be protected under this Agreement relative to
problems involving health, foundation and lateral support.
(2) In the event of leakage, breakage, or the like, of
the sewer line situated on the property in a location such that
repair of the sewer line would likely jeopardize the intergrity
of the support or foundation of the residence now situated on
the property, the Charter Township of Independence shall be
obligated, at no cost to the owner of the property, upon due
notice and an opportunity to complete arrangements, obtain
contractors and materials, and the like, to cause the sewer line
to be moved and redirected through a new easement on the
property recorded concurrently with this Agreement, with the
view that a portion of the sewer line immediately adjacent to
the residence would be abandoned.
(3) Bruce A. Burskey shall pay to the Township of
Independence, upon execution of this Agreement, the sum of
$6,000, which shall be received and deposited by the Charter
Township of Independence without condition or further obligation
on the part of the Township except to carry out it's contingent
obligation under this Agreement.
(4) This Agreement shall be binding upon, and shall
inure to the benefit of, the parties to this Agreement, as well
as their respective successors, assigns and transferees.
WITNESSES: TOWNSHIP OF INDEPENDENCE
By:
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
Bruce Ts,
STATE OF MICHIGAN)
) SS
COUNTY OF OAKLAND)
The foregoing instrument was acknowledged before me this
day of , 1987,
(1) by
(2)
(3) of
(4) a
behalf of the said corporation.
My commission expires
Corporation on
Notary Public,
County, Michigan
STATE OF MICHIGAN)
) SS
COUNTY OF OAKLAND)
The foregoing instrument was acknowledged before me this
day of , 1987,
(1) by
(2)
(3) of
(4) a
behalf of the said corporation.
My commission expires
Corporation on
Notary Public,
County, Michigan
STATE OF MICHIGAN)
) SS
COUNTY OF OAKLAND)
On this day of , A.D., 19 , before me, a
Notary Public in and for said County, personally appeared BRUCE
A. BURSKEY to me known to be the same person descrisbed in and
who executed the within instrument, who then acknowledged the
same to be his free act and deed.
Notary Public,
County, Micar.
My Commission
AFFIDAVIT OF BRUCE A. BURSKEY
STATE OF MICHIGAN )
) $s.
COUNTY OF OAKLAND )
Bruce A. Burskey, being first duly sworn, deposes and says
as follows:
1. That he is a residential builder doing business as ;
Done-Rite Construction.
2. That he has constructed a residence on Lot 24, 1
,Chestnut Hills Farm, No. 1 Subdivision, Independence Township.
3. That the residence as constructed encroaches upon an :
. easement for sewer line.
4. That he desires to enter into an agreement concerning
1
7Jot 24 whereby the rights of all interested parties are
That in furtherance of his desire to protect the i
:rights of all interested parties, he has caused a mortgage survey
to be filed with the County of Oakland, as requested.
6. That he has further endeavored to satisfy in full the
Affidavit of Claim and Interest concerning Lot 24, as recorded in i
Liber 9733, Page 161, Oakland County Records.
7. That he seeks to enter into agreement with the County
of Oakland whereby the current easement is discharged and new 1
easement is executed concerning Lot 24.
8. That upon execution of easement agreements with the
LAW OFFICES
MPRELL. KEENAN & HARRY County of Oakland concerning Lot 24, Affiant will execute the
CLARXSTON MILLS. SUITE I
20 WEST WASHINGTON ST.
:LARKSTON. MICH. 48016
(313) 525-0500
.protected.
5.
proposed agreement regarding sewer line and faithfl and fully 1
Further, Affiant sayeth not.
comply with all terms contained therein.
Bruce A. Burskey
Subscribed and sworn to before
me this 11th day of May, 1987.
e A. Doe, Notary Public
Oakland County, Michigan
My commission expires: 1/5/91
LAW OFFICES
MPBELL, KEENAN & HARR'?'
oLARKSTON MILLS, SUITE I
:0 WEST WASHINGTON ST.
:LARKSTON, MICH, 48016
(313) 825-0800
Dated this day of 19
55.
STATE OF MICHIGAN
COUNTY OF OAKLAND Its
Send subsequent tax bill.
to
QUITCLAIMDEED -CORPORATION- Sttut. ,
CI, 1948, 555.152
.4 PHILIP R. SEAVER TITLE COMPANY, Inc.
2700 N. Woodward / Bloomfield Hdls, "vfichigan 48013 / (313) 647-2171 --- (313) 338-7135
KNOW ALL MEN BY THESE PRESENTS: That
whose address is
Quit Claims to
whose address is
COUNTY OF OAKLAND, a Michigan Constitutional
Corporation
1200 N. Telegraph Road, Pontiac, Michigan 48053
BRUCE A. BURSKEY
1766 Briarcliff, Sylvan Lake, Michigan 48053
Independence the following described premises situated in the Township of
County of Oakland and State of Michigan, to-wit:
That portion of a certain easement IT3 — SW 28-7-360
Recorded in Liber 5330, Page 560, Oakland County Records
that crosses Lot 24 "Chestnut Hills Farms No. 1" a subdivision
of the SW1/4 of Sec. 28, T4N, R9E, Independence Township,
Oakland County, Michigan, as recorded, fiber 177 of Plats,
Pages 21, 22 and 23 of Oakland County Records.
Tax I.D. No. 03-28-351-015
for the full Consideration of
Witnesses: Signed and Sealed:
County of Oakland, a Michigan
Constitutional Corporation
By
Roy Rewold
pt, Chairperson, Board of Commissioners
(LSO
The foregoing instrument was acknowledged before me this day of 19
(1) by Roy Rewold
(2) Chairperson, Board of Commissioners
(3) of
(4j a
County of Oakland
Michigan Constitutional Corporation Corporation on behalf of the said corporation.
My commission expires
Notary Public County, Michigan
Note: Insert at (1) name(s) of officer(s) (2) title(s) of officers(s) (3) name of corporation (4) state of incorporation
Instrument -
DraftecDy Address Gordon R. Wylle 120 0 N. Telegraph Rd., Pontiac, MI 48053
Recording Fee When recorded return to
State Transfer Tax
Tax Parcel #
FORM 7
In presence of:
Bruce A. Burskey
(L.S.)
(L. S.)
(L.S.)
(L.S.)
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That
Bruce A. Burskey
1766 Briarcliff, Sylvan Lake, Michigan 48053
hereinafter called the Grantor, for and in consideration of the
sum of One and no/100 Dollar $1.00
paid to him by the County of Oakland, a Michigan
Constitutional Corporation, hereinafter called the County, whose
address is 1200 North Telegraph Road, Pontiac, Michigan, do
hereby grant to the County the right to construct, operate,
maintain, repair and/or replace a sanitary sewer system across
and through the following described land situated in the
Subdivision known as Chestnut Hills Farms No. 1, a
subdivision of the SW 1/4 of Sec. 28, T4N, R9E,
Independence Township, Oakland County, Michigan, as
recorded, Liber 177 of Plats, Pages 21, 22 and 23
of Oakland County Records. Tax I.D. No. 08-28-351-0
Easement A: The S 20 feet of Lot 24 in said Subdivision
Easement B: The N 20 feet of S 57.10 feet of Lot 24 in
said Subdivision.
This instrument shall be binding upon and inure to the -
benefit of the parties hereto, their heirs, representatives,
successors, and assigns.
IN WITNESS WHEREOF, the undersigned
affixed signatures this day o
19 .
hereunto
STATE OF MICHIGAN)
COUNTY OF 1
On this day of , A.D., 19_, before me, a
Notary Public in and for said County, personally appeared
to me known to be the same person described in and who
executed the within instrument, who then acknowledged the same
to be free act and deed.
This instrument drafted by:
Gordon R. Wyllie, Esq.
1200 N. Telegraph Road
Pontiac, MI 48053 Notary Public,
My Commission Expires:
# 87266
October 8, 1987
Moved by Hobart supported by Skarritt the resolution be adopted.
AYES: Jensen, R, Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald,
A. McPherson, R. McPherson, Moffitt, Page, Pernick, Price, Rewold, Skarritt, Wilcox,
Aaron, Caddell, Crake, Doyon, Gosling, Hobart. (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 t,
do hereby certify that I have compared the annexed copy of
this Miscellaneous Resolution adoEted 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,,
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
seal of said County at Pontiac, Michigan
8th day of / ) October 19 87
tne
this
ALLEN
Counity Clerk/Register of Deeds