HomeMy WebLinkAboutResolutions - 2012.11.01 - 20587MISCELLANEOUS RESOLUTION #12260
By: Planning and Building Committee, David W. Potts, Chairperson
October 18, 2012
IN RE: WATER RESOURCES COMMISSIONER - CITY OF AUBURN HILLS SANITARY
SEWER SYSTEM - TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN
EASEMENTS, RIGHTS-OF-WAY, SANITARY SEWER SYSTEM MAINS, LATERALS
AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN
THE CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County holds legal title to certain sanitary sewer easements serving the City of
Auburn Hills which consists of easements and right-of-way, sewer system mains, laterals and related
equipment, facilities and improvements, excluding leads, and excepting therefrom the interceptor system
collectively referred to as the Clinton-Oakland Sewage Disposal System; and,
WHEREAS, the City of Auburn Hills has requested that the County divest itself and transfer all
title and interest in the local sewage collection system serving the City of Auburn Hills (local sewage
collection system); and,
WHEREAS, there is no outstanding debt or other indebtedness with respect to the finance,
design or construction of said system that would otherwise prohibit the transfer of said property interests.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
transfers and assigns all County interest in easements and right-of-way, and the sewer system mains,
laterals and related equipment, facilities and improvements, excluding leads relating to the local sewage
collection system serving the City of Auburn Hills but excepting therefrom the interceptor system
collectively referred to as the Clinton-Oakland Sewage Disposal System.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or designee to execute a Quit Claim deed in substantially the form attached hereto, in
favor of the City of Auburn Hills and any other necessary property transfer documents to effectuate the
transfer of the County's interest in sewer system easements relating to the local sewage collection system
serving the City of Auburn Hills.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Runestad absent.
QUIT CLAIM CONVEYANCE OF EASEMENTS, RIGHT-OF-WAY
AND SANITARY SEWER SYSTEM FACILITIES AND IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF
OAKLAND, a Michigan Constitutional Corporation, whose address is 1200
North Telegraph, Pontiac, Michigan 48341, and the OAKLAND COUNTY
WATER RESOURCES COMMISSIONER, in his capacity as "County
Agency" whose address is the Office of the OAKLAND COUNTY WATER
RESOURCES COMMISSIONER, One Public Works Drive, Bldg. 95 West,
Waterford, Michigan 48328-1907, Grantors, for and in consideration of the sum
of ONE DOLLAR AND 00/CENTS ($1.00) receipt of which is hereby
acknowledged, paid to them by the CITY OF AUBURN HILLS, a Michigan
Municipal Corporation, Grantee, whose address is 1827 North Squirrel Road,
Auburn Hills, Michigan 48326-2753, do hereby convey and Quit Claim to Grantee
all rights, title and interests Grantors may posses, but only to the extent of its
interest, including any adverse possessory interest which may ripen in the future
into full possessory interest, in the property described in Attachment A, including
easements and right-of-way, and the sewer system mains, laterals and related
equipment, facilities and improvements therein, excluding leads, and excepting
there-from the interceptor system collectively referred to as the Clinton -
Oakland Sewage Disposal System, located within the easement and/or right-of-
way areas described on the attached and incorporated in Attachment A.
Grantors convey to Grantee all easements and right-of-way and sanitary sewer
system improvements, including the right to construct, operate, maintain, repair
and/or replace a sanitary sewer system across and through the following described
lands situated in the City of Auburn Hills, Oakland County, Michigan. The
conveyance of the system(s) and improvements is "as-is" and Grantors make no
warranties as to the condition or fitness for a purpose, said warranties being
expressly disclaimed.
PROPERTY DESCRIPTIONS:
SEE ATTACHMENT "A"
Grantee agrees to and acknowledges that it shall be responsible for all
restrictions and conditions as set forth in the easements and right-of-way set forth
in Attachment A.
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 have hereunto affixed their
signature(s) on the dates indicated below.
WITNESSES: COUNTY OF OAKLAND,
a Michigan Constitutional Corporation
By:
Michael J. Gingell
Its: Chairperson
OAKLAND COUNTY WATER
RESOURCES COMMISSIONER
By:
John P. McCulloch
As: "County Agency"
ACKNOWLEDGMENT
STATE OF MICHIGAN )
COUNTY OF OAKLAND)
On this day of , 2012, before me, a
Notary Public, personally appeared Michael J. Gingell , to me personally known,
who being by me duly sworn did say that he is the Chairperson of the Board of
Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, a corporation created and existing under the laws of the State of
Michigan, and that the said Quit Claim Conveyance was signed and sealed in
behalf of said corporation by authority of its Board of Commissioners pursuant to
Miscellaneous Resolution No. 12- , and the said Chairperson acknowledged
the said instrument to be the free act and deed of the said Corporation.
T lNULctIy F
State of Michigan. County
Acting in the County of Oakland
My Commission Expires:
SS.
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) ss:
COUNTY OF OAKLAND)
On this day of , 2012, before me, a Notary
Public, personally appeared John P. McCulloch, to me personally known, who
being by me duly sworn did say that he is the Oakland County Water Resources
Commissioner and the "County Agency" for the County of Oakland, a
Michigan Constitutional Corporation, and that said Quit Claim Conveyance
was signed and sealed by John P. McCulloch in his capacity as "County
Agency."
, Notary Public
State of Michigan, County
Acting in the County of Oakland
My Commission Expires:
This instrument drafted by:
Paul E. Dove, Right of Way Supervisor, Office of the
Oakland County Water Resources Commissioner
One Public Works Drive
Bldg. 95 West
Waterford, Michigan 48328-1907
\Projects \ 2912 projects \CVTesmt Transfers \auburr hilis 9-19-12
Resolution #12260 October 18, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. 12260) November 1, 2012
BY: FINHINUC, COMMi.iiaa, TOM MIDDLETuIN, l_;rifilltYhXJ0iN
IN RE: WATER RESOURCES COMMISSIONER - CITY OF AUBURN HILLS SANITARY SEWER
SYSTEM - TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS,
RIGHT-OF-WAY, SANITARY SEWER SYSTEM MAINS,LATERALS AND RELATED EQUIPMENT,
FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF AUBURN HILLS
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. This resolution approves the conveyance of Oakland County's
interest in the easements, right-of-way, sanitary sewer system
mains, laterals and related equipment, facilities and
improvements of the local sewage collection system serving the
City of Auburn Hills to the City of Auburn Hills for the sum of
$1.00.
2. The sewer system has no outstanding debt or other indebtedness
with respect to the finance, design or construction that would
otherwise prohibit the transfer of title.
3. The conveyance of the sewer system to the City of Auburn Hills
will relinquish Oakland County from any further liabilities to
the system.
4. There are no fiscal implications and therefore no budget
amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
A
Resolution #12260 November 1,2012
Moved by Hoffman supported by Jackson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic, Covey. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I THIS F.OLUTION
Ci +LF DE 'ITY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 November
1, 2012, 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 1 st day of November, 2012.
F_La
Bill Bullard Jr., Oakland County
