HomeMy WebLinkAboutResolutions - 2011.07.21 - 18646MISCELLANEOUS RESOLUTION #11136 July 6, 2011
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION
COMMISSION — REQUEST TO GRANT EASEMENT FOR UNDERGROUND GAS PIPELINE
TO CONSUMERS ENERGY COMPANY — ORION OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Orion Oaks County Park located in
Orion Township: and
WHEREAS, the Consumers Energy Company desires to connect the new Orion Township
Senior Center to their existing 8" high-pressure gas main pipeline located within the park, parallel
and adjacent to the Joslyn Road right-of-way, and has requested that the County of Oakland grant
a 12-ft. wide easement for this connection; and
WHEREAS, the Consumers Energy Company also informed the County of Oakland that
two parts of the underground gas pipeline have existed on the property outside of the Joslyn Road
right-of-way since approximately 1961 and has requested that the County of Oakland grant a 12-
ft. wide easement for these portions of the existing pipeline; and
WHEREAS, the Parks and Recreation Commission, Corporation Counsel, and Facilities
Management staff are actively working with Orion Township and Consumers Energy Company
to make the necessary connections; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes and approves the granting of the attached easement for an underground gas
pipeline connection at Orion Oaks County Park to the Consumers Energy Company for the sum
of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or designee to execute the attached easement for underground gas
pipeline and related appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Potts absent.
ORION OAKS
CONSUF IERS ENERGY EASEMENT
WHEREAS, Oakland County owns and the Parks and Recreation
Commission operates the Orion Oaks County Park, located at 2301 Clarkston
Road in Orion Township; and
WHEREAS, Consumers Energy Company owns and operates an 8-inch
high-pressure gas main located within the park parallel and adjacent to the
Joslyn Road Right-of-Way since 1961; and
WHEREAS, Consumers Energy Company desires to connect the new
Orion Township Senior Center to the existing gas main by June 1, 2011; and
WHEREAS, Oakland County Parks and Recreation, Corporation Counsel,
and Property Management staff are actively working with Orion Township and
Consumers Energy Company to make the necessary connections.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks
and Recreation Commission hereby requests that the Oakland County Board of
Commissioners authorize and approve the granting of the easement to
Consumers Energy Company to connect their existing high-pressure gas main at
Orion Oaks County Park to the Orion Township Senior Center.
BE IT FURTHER RESOLVED that the Oakland County Parks and
Recreation Commission hereby requests that the Oakland County Board of
Commissioners direct its Chairperson or designee to execute said easement.
Moved by: Mr. McGillivray
Supported by: Mr. VanderVeen
Date: June 1,2011
GRANT OF UNDERGROUND EASEMENT IN GROSS
FOR GAS PIPELINE
THIS EASEMENT IN GROSS located at Orion Oaks County Park, is granted this day of
2011 by the County of Oakland, a Michigan Constitutional Corporation, whose
address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, ("Grantor") to the Consumers Energy
Company, a Michigan Corporation, whose address is One Energy Plaza, Jackson, Michigan 49201
("Grantee").
INTRODUCTION
On December 19, 1980, Grantor purchased the properly which is now known as Orion Oaks
County Park and which is legally described in Exhibit A. At the time of the purchase, there was no
recorded easement with Grantee for an underground gas pipeline on the property. In April 2011, it was
brought to the attention of Grantor, via letter from Grantee that 2 parts of Grantee's underground gas
pipeline have existed on Grantor's property outside of the Joslyn Road right-of-way since approximately
1961. In addition, Grantee wishes to install a new underground gas pipeline running laterally from the
existing pipeline to provide service to the Orion Township Community Center.
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration [exempt from real estate transfer tax per MCL 207.505(t) and from state real estate
transfer tax per MCL 207.526(0], receipt of which is hereby acknowledged, and pursuant to the
conditions set forth herein, Grantor grants to the Grantee and the Grantee accepts an easement and the
right to construct, operate, inspect, maintain, improve, remove, enlarge, repair and/or replace an
underground gas pipeline as described herein.
1. Description of Easement and Burdened Property: Grantor's real property is located in
Township of Orion, Oakland County Michigan with a parcel number of 09-17-200-003 ("property")
and is specifically described in Exhibit A. The description and depiction of the easement area is
set forth in Exhibit A ("Easement Area").
2. Purpose/Access: The purpose of this easement is to permit the construction, operation,
maintenance, replacement and removal of an underground gas pipeline, consisting of pipes with
valves, connections and accessories for transmitting and distributing gas ("the pipeline") and to
provide Grantee with access to the Easement Area. Under no circumstances can the easement
be used for any other purpose than an underground gas pipeline. Except in emergency
situations, the Grantee shall provide Grantor with five (5) business days written notice of its intent
to perform work on the pipeline, so as not to interfere with Grantor's use of its property.
3. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a permanent
easement located as described in Exhibit A for the construction, operation, inspection,
maintenance, improvement, removal, enlargement, repair and/or replacement of an underground
gas pipeline.
4. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots within the Easement Area. Except for
the existing improvements or structures on or in the Easement Area, no other buildings,
structures, or improvements shall be installed in the Easement Area without Grantee's written
approval.
5. Interest in Realty: This grant and conveyance of an easement shall be binding upon and inure to
the benefit of the Grantor and Grantee, their, representatives, successors and assigns, and the
covenants and grants contained herein and shall only extend to the use of the easement for the
underground gas pipeline. In the event that Grantee, its representatives, successors and assigns
shall no longer require the use of the easement for the purposes described herein, the easement
shall be considered abandoned and the easement shall automatically terminate and be
extinguished. Then, the land, which was previously the easement, shall revert back to Grantor,
its representatives, successors or assigns with no interest remaining in Grantee. In the event the
easement is terminated and/or extinguished, upon written request to the Grantee, the Grantor
and Grantee shall enter into a mutually agreeable Release of Easement. If no Release of
Easement is provided to Grantor within thirty (30) days of the written notice, the Grantor may file
an Abandonment of Easement with 'the Oakland County Register of Deeds, which shall act in
place of the Release of Easement required by the Grantee. If the Easement is abandoned,
terminated or extinguished, then upon the request of Grantor, the Grantee shall abandon the
underground gas pipeline in place and, at Grantee's option, either remove the gas pipeline or fill-
in the gas pipeline.
6. Damage to and Restoration of Property: Grantee, at its sole cost, shall restore within fourteen
(14) calendar days or in a timely manner if fourteen (14) calendar days is not possible, any portion
of the property which is damaged or disturbed by Grantee's exercise of the easement. Such
property shall be resorted to its immediate prior condition which shall be satisfactory to Grantor.
Any damage or claim of damage (including but not limited to environmental damage), to person or
property, including property of Grantor, resulting from the use of the easement or the construction,
operation, maintenance, and/or replacement of the pipeline by Grantee shall be the sole
responsibility of Grantee.
7. Indemnification: Grantee shall indemnify the Grantor, its elected officials, officers, employees
and/or agents against, and shall hold them harmless from any and all losses, liability, actions,
claims, demands, costs, expenses, injuries or damages of any kind, including attorney fees, which
may be brought or made, and which are caused by or arise out of any act or omission or willful
misconduct of Grantee its, officers, employees, and agents arising out of the use of the easement
or while coming upon the property.
8. Permits: Grantee shall obtain the required permits, if applicable, from any other municipal or
governmental agency.
9. Easement Runs with Land: This easement shall be for the benefit of Grantee and shall run with
the land described herein.
10. Duty to Inspect and Maintain: Grantee shall inspect and maintain the underground gas pipeline in
a safe condition and shall promptly repair any defects in the pipeline.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
BY:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day of 2011, by
Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/5/2014
Acting in Oakland County
Grantee: Consumers Energy Company
By:
Its:
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of 2011,
by for and on behalf of the
Consumers Energy Company, One Energy Plaza, Jackson, Michigan, 49201.
Notary Public
Acting in , County
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Loretta Lester, EP7-456, Business Services, Consumers Energy Company, One Energy
Plaza, Jackson, MI 49201.
Mdh5/10/11
EXHIBIT A
Grantor's Land
That part of the East 1/2 of Section 16, T4N, R10E, Orion Township, Oakland County, Michigan, lying West of
Joslyn Road, except the North 60 feet of the West 426.82 feet thereof taken for Clarkston Road. Also, the North 75
feet of the Northwest 1/4 of Section 21, T4N, R10E, Orion Township, Oakland County, Michigan, lying West of
Joslyn Road. Part of Tax Parcel ID No. 09-17-3-200-003 (Orion Oaks Park).
Easement Area
Three 12-foot-wide strips of land in part of the East 1/2 of Section 16, T4N, R10E, Orion Township, Oakland
County, Michigan, the centerlines of which are described as follows:
1. Commence at the North 1/4 post of Section 16 and run thence N 87° 13' 18" E 692.10 feet, along the North
section line; thence S 02° 46' 42" E, perpendicular to the North section line, 2066.81 feet to a point on the Westerly
right-of-way line of Joslyn Road and the point of beginning of this description; thence, along the centerline of an
existing underground gas pipeline, the following 8 courses and distances:
1) S 00° 35' 45" E 82.00 feet;
2) S 01° 16' 47" E 183.55 feet;
3) S 05° 56' 40" E 344.42 feet;
4) S 01° 23' 08" E 122.07 feet, to "Point A";
5) S 04° 25' 16" E 57.74 feet;
6) along a curve concave to the left, the radius of which is 320.00 feet, the arc length of which is 159.56 feet, and
whose chord bears S 18° 42' 22" E 157.92;
7) S 32° 59' 27" E 125.51 feet; and
8) S 19° 24' 02" E 33.69 feet to a point on the Westerly right-of-way line of Joslyn Road and the point of ending of
this description.
2. Begin at "Point A" described above, being a point on the centerline of an existing gas distribution pipeline, and
run thence N 79° 12' 05" E 67.76 feet to a point on the Westerly right-of-way line of Joslyn Road and the point of
ending of this description.
3. Commence at the North 1/4 post of Section 16 and run thence N 87' 13' 18" E 564.47 feet, along the North
section line; thence S 02° 46' 42" E, perpendicular to the North section line, 4703.48 feet, to a point on the Westerly
right-of-way line of Joslyn Road and the point of beginning of this description; thence, along the centerline of an
existing underground gas pipeline, the following 9 courses and distances:
1) S 31° 56' 34" W 49.60 feet;
2) S 37° 26' 45" W 201.28 feet;
3) S 28° 40' 28" W 50.05 feet;
4) along a curve concave to the left, the radius of which is 350.00 feet, the arc length of which is 100.61 feet, and
whose chord bears S 20° 26' 22" W 100.26 feet;
5) S 12° 12' 17" W 109.53 feet;
6) S 09° 31' 08" W212.61 feet;
7) S 06° 35' 35" W 121.42 feet to a point on the Section line common to Sections 16 and 21 that is N 85° 38' 01" E
20.29 feet from the South 114 post of Section 16;
8) continuing S 06° 35' 35" W 64.41 feet; and
9) S 86° 15' 18" E 16.78 feet to a point on the Westerly right-of-way of Joslyn Road and the point of ending of this
description.
The sidelines of said strips shall be prolonged or shortened so as to begin or end at the Westerly right-of-way line
of Joslyn Road.
P.0.5. EASEMENT "A"
ORION TOWNSI-IIP COMMUNITY CENTEP,
PARCEL ID <Le- 10-200-003
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ORION TOWNSHIP
OAKILAND C,OLiNTY, MI
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SECTION I 6, N-R
ORION TOWNSHIP
OAKLAND COUNTY, MI
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EASEMENT 05"
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FOR DETAIL
Consumers Energi
, ROWE PROFESSIONAL
SERVICES COMPANY
ORION OAKS PARK
GAO FIPELINE EASEMENT
E 1/2, srorioN IC
NE 1/4, 5tCTION 21
T4N-R, I CE, OK1ON Tk/Vr.
OAKLAND CO., MIC1-11GAN
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sheet I
NORTH I/4 CORNER
SECTION 6, T.414-R ICE —,
CRiON TOWNSHIP
OAKIAND. COUNTY, MI
EASEMENT SKETCH
NORTH sEC1
N87° 13' 18" E 60.10' L
- —
NORTHEAST CORNER 1
SECTION I C, T4 N-R I OE
ORION TOWNSHIP
'OAKLAND COUNTY, MI
PROPOSED 12 POOT WIDE GAS PIPELINE EASEMENT "A"
A I 2 FOOT WOE E.A5EME ,:T INCBE PART OF THE EAST
SECTION I C. 142-RIOT, ORION TOWN3HiP,
0A1LLANC COUNT', MICHIGAN, .MORL l'ARTiCUIARLN
DESCRIBED AS COMMENCING AT THE NORTH I /4
CORNER OF SAID SECTION I C.- THENCE N57° I 3' I SE
602. I 0 FEET ALONG THE NORTH LINE OF SAID
SECTION, THENCE 502°4642E, PERPENDICULAR TO
SAID SECTION LINE, 2066.81 FEET TO THE POINT OF
BEGINNING BEING THE INTERSECTION OF THE WESTERLY POINT OF RIGHT OF WAY LINE OF JOSLYN ROAD AND THE
CENTERLINE OF AN EXISTING 5' GAS DISTRIBUTION
LINE, SAID EASEMENT 6 FEET EASTERLY AND G
FEET WESTERLY OF THE FC.Y.IOWING DESCRIBED
CENTERLINE THE FOLLOWING EIGHT (6) COURSES AND
O STANCES: I) 500'35'4 5''E•52.00 FEET 2)
50 ° I 6'47"E 133.55 FEET; 3) S05°5640"E S 35° 45" E
FEET: 4) 50 °23'03-E 1 2207. FEET TO PONT r,Novos: 82.00'
AS "A"; 5) 50,025'16E 57.74 FEET; 6) ALONG A
CURVE CONCAVE TO THE LEFT, RAD'US CF 320.00
FEET, ARC LENGTH OF I 59-.56" FEET, CHORD SEARS
515°42'22'E 57.52 FEET; 7) 532'59'27"f 1 25.5 I
FEET; 6) 5 t 9°24'02"E 33.69 FEET TO THE
INTERSECTION OF SAID WESTERLY RIGHT OF WAY LINE
OF JOSLYN ROAD AND TERMINUS OF THIS PORTON OF
THE EASEMENT;
AND ALSO,
BEGINNING AT POINT "A" ON THE EXISTING CEN7ERLII4E
OF AN 5" GAS DISTRIBUTION LINE AS DESCRIBED
ABOVE, SAID EASEMENT LIES A FOOT NORTHERLY AND
FOOT SOUTHERLY OF PROPOSED CENTERLINE
DESCRIBED BY THE FOLLOWING COURSE: 270' I 2'05"E
67.76 FEET TC THE INTERSECTION OF SAID WESTERLY
RIGHT OF WAY LINE OF JOSLYN ROAD AND POINT OF
TERM ML'S FOR THIS DESCRIPTION.
THE SIDELINES OF THIS STRIP SHOULD BE PROLONGED
OR SHORTENED SO AS TO BEGIN OR END AS THE
WESTERLY RIGHT OF WAY LINE OF SAID ROAD. LIMITS
OF EASEMENT CONTAINS I 0323. I 4 SO. FT. (0.24
ACRES), MORE OR LESS. GAS PIPELNE mAsr,ER. (Th.r.)
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9 #09- '7-200-003 (
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LINE INFORMATION -
PROPOSED LATERAL LOCATION
ON NOTES: 79° 12' 05" E 67.76'
I) EXISTING PIPELINE SOWN AS
LOCATED BY ROWE PSC, UTILIZING
R54000 LOCATOR ON MAY 20,
2011
2) PROPOSED LATERAL LOCATION
PROVIDED B1/ CONSUMERS
ENERGY STAFF
BEGINNING
GAS PIPELINE
EASEMENT "A"
S1 ° 16' 47" E
183.55'
S 5° 56' 40" E
34.42'
S 1° 23' 08" E
122.07' —
POINT "A"
S4°25' 16"E
57.74'
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R 320.00'
L= 159.56'
Ch= 157.92'
Ch. Brg.= S 18° 42' 22" E
C/L 12' WIDE PROPOSED
GAS PIPELINE EASEMENT "A"
S 32° 59' 27" E TYPiCAL EASEMENT LAYG.JT
125.51'
r S 19° 24' 02" E
33.69'
`51`8 I
1 y 2' I I I I I
0'5 TERMINUS POINT OF GAS
PIPELINE EASEMENT "A"
Consumers Energi
• ROWE PROFESSIONAL
SERVICES COMPANY
ORION OAKS F'ARK
GAS PIPELINE EASEMENT
E I/2, SECTION IC
T4N-R I OE, ORION TM'.
OAKLAND CO., MICHIGAN
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Date: 5/23/1 I
Scale: I " = I CO'
Sheet 2
EASLNIENT S
7 3' 1.8" E
POINT OF
BEGINNING
GAS PIPELINE
EASEMENT "6"
S 31° 56 34" W
49.60'
S 37° 26° 45" VV
201.28'
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GAS PIPELINE EASEMENT "B"
= 16' 28' 11"
R = 350.00'
L= 100.61'
Ch = 100 26'
Ch. Brg.= S 20° 26' 22"
S 12° 12' 17"W
109.53'
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li- fL S 6° 35' 35" W
64.41' 0 v
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S 86°15'18"E
16.78° —
NO-. ••.
) :••• P:PELINE SHOWN AS
LOCATED Pr' ROWE PSC, UTILIZING
R.D4000 LOCATOR ON MAY 20,
2011
2) CALCULATED SECTION LINES
SHOWN PER RECORDED
REMONUMENTATION
BOUThi 1/4 CORAI=F,
`,;.,E,CTION G, 4NJ OF
ORION TOWNSI-IT N 34: ! "
C4E:1AND COUNTY, MI 2(129'
SOUTtleRLY PROrtRTY !IINt
CALCULATED
5505ON 2 I
CA.LOULATILL)
SOUTH 5EC7ION LINE
TERMINUS POINT
OF GAS PIPELINE
EASEMENT "B"
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212,61'
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SERVICES COMPANY
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T4N-R I OE, ORION TV/P,
OAKLAND CO., MICNICAN
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Resolution #11136 July 6, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11136) July 21, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND
RECREATION COMMISSION — REQUEST TO GRANT EASEMENT FOR
UNDERGROUND GAS PIPELINE TO CONSUMERS ENERGY COMPANY ORION
OAKS COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution approves the execution of the attached easement for underground
gas pipeline and related appurtenances to connect the new Orion Township
Senior Center to an existing Consumers Energy Company 8" high-pressure gas
main pipeline.
2. Granting of a 12-ft wide easement to Consumers Energy Company is required as
the high-pressure pipeline lies within the County owned Orion Oaks County Park.
3. The Departments of Facilities Management and Corporation Counsel have
reviewed all necessary documents related to the granting of the easement.
4. There are no fiscal responsibilities to the County, and a budget amendment is not
required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel absent.
Resolution #11136 July 21, 2011
Moved by Runestad supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nluccio, Potts, Quarles, Runestad, Scott, Weipert, Woodward, Zack,
Bosnic, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
111.11EBi APPROVE HE F 1IN6 RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 21,
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, i have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 21 st day of July, 2011.
Bill Bullard Jr., Oakland County