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HomeMy WebLinkAboutResolutions - 1963.11.06 - 20309Misc. Resolution No. Recommended by the Board of Public Works. Re: FARMINGTON TOWNSHIP WATER SYSTEMS Submitted by Mr. Chairman, Ladies and Gentlemen: I offer the following resolution which was approved by the Oakland County Board of Public Works at a meeting of the Board, held on Monday, October 21, 1963. RESCLUT WHEREAS, by Miscellaneous Resolution 3431, adopted October 6, 1958, this Board of Supervisors authorized the Board of Public Works to acquire, operate and maintain, as a part of a county system therein referred to as the "Farmington Water and Sewer System", an existing water supply system located in and serving the Villa Capri Subdivision in Farmington Township, pursuant to which resolution lots numbered 298, 306 and 307 in said subdivision were, by warranty deed dated September 29, 1960 and recorded in Liber 4119, at page 79, of the records of the Oakland County Register of Deeds, conveyed to the Department of Public Works by the Greenfield Construction Company, Inc., there being located upon said lots two wells, an overhead storage tank, and certain other facilities of said system, and the Board of Public Works, without further conveyance or transfer to the county, did take over and is currently operating and maintaining the said system; and WHEREAS, by Miscellaneous Resolution 3618, adopted January 18, 1960, this Board of Supervisors authorized the Board of Public Works to acquire, operate and maintain, as a part of a county system therein referred to as the "Oakland County Water and Sewerage System", an existing water supply system located in and serving the Kimberly Subdivision in Farmington Township, and pursuant to said resolution the Board of Public Works, without f rmal conveyance or transfer thereof to the county, did take over and is currently operating and maintaining the said system; and _ WHEREAS, the Board of Public Works has heretofore taken over and is currently operating and maintaining, as a part of the county water supply system, a water supply system located in and serving Westlake Subdivision in Farmington Township there having been conveyed to the Department of Public Works by North Flint Plaza, Inc., by warranty deed dated December 28 1962 and recorded in Liber 4389, at page 16, of the records of the Oakland County Register of Deeds, the following described property upon which there are located two wells and other water supply facilities of said water supply system, to-wit: Commencing at S. 1/4 corner of Section 26, Tol N., R. 9 E., Farmington Township, Oakland County, Michigan; thence due east 606.00 feet along south line of Section 26 to the point of beginning; thence due north 283.00 feet; thence due east 200.00 feet; thence due south 283.00 feet; thence due west 200.00 feet to the point of beginning, excepting from the foregoing property the south 53.00 feet thereof; and there having also been conveyed to said Department by said North Flint Plaza, Inc., by instrument dated December 28, 1962 and recorded in Liber 4389, at pages 17 and 18, of the records of the Oakland County Register of Deeds, an easement to operate,.maintain, repair and/or replace a water main across and through certain land in Section 26 of said township described as that part of the West 1,200 feet of the S.E. 1/4 of Section 26, Ti N., R. 9 E., Farmington Township, Oakland County, Michigan, located between Nine Mile Road and Shiawassee Road, and to enter upon sufficient land adjacent to said water main for the purpose of the construction, operation, maintenance, repair and/or replacement thereof, said easement being 12 feet wide with a center line described as follows, to-wit: Commencing at the S.E, corner Section 26, T. 1 N., R. 9 E., Farmington Township, Oakland County, Michigan, thence S. 89 0 5921" W. 892.05 ft.; along south line of Section 26 to the intersection of the centerline of Shiawassee Road and the south line of said section; thence N. 64°03'59" W. 473.27 ft along the centerline of Shiawassee Road to the S.E. corner of "Westlake Subdivision"; thence N. 0 0 01'29" W. 47.82 ft,; thence N. 64°0440" W. 233.50 ft.; thence S, 25°55'20" W. 76.00 ft, to the point of beginning on the southerly line of Shiawassee Road RoO,W,; thence S. 74°53 °23" W. 377.00 ft. to a point of ending; said point of ending being 5.00 ft. outside the east wall of well house; or a each of which instruments of conveyance provides in substance that the property or interest therein conveyed shall revert to the grantor without formal reconveyance in the event that it is no longer needed to provide a water supply from underground sources; and WHEREAS, the Township of Farmington has now undertaken to provide its own integrated water transmission and distribution system known as "Water Supply System 'A", to serve a portion of the township known as "Water Supply District 'A t ", which district includes the three subdivisions above mentioned, and the County of Oakland, as authorized by Miscellaneous Resolution 4168, adopted April 30, 1963, has entered into a contract with the City of Detroit for the purchase of Detroit water for resale to the township, and the County of Oakland has also, as authorized by Miscellaneous Resolution 4147, adopted April 9, 1963, entered into a contract with the township by the terms of which the county will sell such Detroit water to the township to supply the reauirements of its Water Supply System "A" and will operate and maintain said system as agent of the township; and WHEREAS, when the township water supply system is completed and put into operation with a supply of Detroit water, the hereinbefore described lands in Villa Capri Subdivision and Westlake Subdivision and the facilities thereon, as well as the hereinbefore described easement, will no longer be needed for water supply purposes and may properly be relinquished by the county; and WHEREAS, the three water supply systems located in the three sub- divisions above mentioned may no longer properly be included as parts of any county water supply system but must necessarily (except for the above mentioned lands and the facilities thereon and the above-mentioned easement, all of which are used and useful only in providing a supply of water from wells) constitute parts of said township water supply system and be operated and maintained by the Board of Public Works only as agent of the township as provided in the above-mentioned contract between the county and the township; THEREOFRE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That, notwithstanding the provisions of any resolutions hereto- fore adopted by this Board of Supervisors, the aforementioned water supply systems located in and serving Villa Capri Subdivision, Kimberly Subdivision and Westlake Subdivision, all in Farmington Township, shall no longer be considered AS included in any county system but are hereby withdrawn and removed from the respective county systems within which they have heretofore been included. The said three water supply systems, except for the properties hereinafter mentioned, shall be deemed to be parts of the Farmington Township Water Supply System "A" and shall be operated and maintained by the Board of Public Works only as agent for the township as provided in the above-mentioned contract between the county and the township. 2. That, when the Farmington Township Water Supply System "A" is completed and put into operation with a supply of Detroit water, the Board of Public Works shall take the necessary action to remove and dispose of all water supply, storage and related facilities located on lots numbered 298, 306 and 307 in Villa Capri Subdivision in said township and to place the said lots in marketable condition and to sell the same; that, upon the sale of said lots and receipt of the purchase price therefor, the County of Oakland by the Chairman of its Board of Supervisors and its County Clerk and the Department of Public Works by the Chairman and the Secretary of the Board of Public Works shall execute and deliver a proper conveyance of said lots to the purchaser thereof; and that the proceeds of such sale, after deducting all expenses of removing and disposing of the water facilities located on said lots and placing said lots in marketable condition and also all expenses of such sale, shall be deposited into the Department of Public Works "General Operating Reserve Fund". 3. That, when the Farmington Township Water Supply System "A" is completed and put into operation with a supply of Detroit water, the County of Oakland by the Chairman of its Board of Supervisors and its County Clerk and the Department of Public Works by the Chairman and the Secretary of the Board of Public Works shall execute and deliver to North Flint Plaza, Inc., a proper conveyance of the premises herein- before described which were conveyed to the Department of Public Works by North Flint Plaza, Inc., by deed dated December 28, 1962, together with the water supply and related facilities located thereon, and also a proper conveyance or release of the easement hereinbefore described which was granted to the Department of Public Works by North Flint Plaza, Inc., by instrument dated December 28, 1962, said conveyances being for the purpose of confirming the reverter of the said premises and easement to North Flint Plaza, Inc., and thus clearing the title to the respective lands. 5 Date , 1963. D&n:i el Clerk, Oakland County, Michigan Mr'. Chairman, I move the adoption of the foregoing resolution. Supported by Adopted by the following vote: - Yeas: Nays: Absent: STATE OF MICHIGAN ) SS: COUNTY OF OAKLAND ) I, the undersigned, duly and acting County Clerk of the County of Oakland, Michigan, do hereby certify that the foregoing is a true and complete copy of Miscellaneous Resolution No. (In Re: Farmington Township Water Systems) and of the proceedings pertaining thereto duly adopted and taken by the Board of Supervisors of said County at a meeting held on the day cf 1963, the originals of which are on file in my office. (SEAL) Mr. Chairman, I move the adoption of the foregoing resolution. Supported by Mr. Miller Adopted by the following vote: Yeas: Allerton, Aiward, Bachert, Bloe, Brickner, Calhoun, James Carey, John Carey,.Case,Charteris, Cheyz, Clarkson, Cooley, Cummings, Davids, Davis, Demote, Dewan, Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Ewart, Forbes, Fouts, Goodspeed, Hagstrom, Hall, Hand in, Heacock, Hoard, Horton, Huber, Wm. Hudson, Hursfall, Ingraham, Jackson, Kennedy, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Michrina, Miller, Mitchell, Moore, OlDonoghue, Oldenburg, Osgood, Perinoff, Potthoff, Potter, Rehard, Remer, Rhinevault, Seeterlin, Slavens, Smith, Solley, Stephenson, Tapp, Taylor, Tiley, Tinsman, Turner, Val, Wagner, Webber, Wood, Yockey. (Si) Nays: None. (0) Absent: Beecher, Campbell, Wallace Hudson, Alward. (4) STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND ) I, the undersigned, duly and acting County Clerk of the County of Oakland, Michigan, do hereby certify that the foregoing is a true and complete copy of Miscellaneous Resolution No.4242 (In Re: Farmington Township Water Systems) and ,of the proceedings pertaining thereto duly adopted and taken by the Board of Supervisors of said County at a regular meeting held on the 6th day'd November 1963, the originals of which are on file in my office. Date November 6 , 1963. Acting County Clerk, Oakland County, Michigan (SEAL)