HomeMy WebLinkAboutResolutions - 2012.11.01 - 20588MISCELLANEOUS RESOLUTION #12261 October 18, 2012
By: Planning and Building Committee, David W. Potts, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - FARMINGTON HILLS WATER SUPPLY
SYSTEM AND SANITARY SEWER SYSTEM TRANSFER AND ASSIGNMENT OF
COUNTY INTEREST IN EASEMENTS, RIGHTS-OF-WAY, WATER MAINS, LATERALS
AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN
THE CITY OF FARMINGTON HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County established and holds legal title to the Farmington Hills Water Supply
System and Sanitary Sewer System which consists of easements and right-of-way, transmissions mains,
distribution laterals and appurtenances necessary for the transportation and distribution of potable water,
and the sewer system mains, laterals and related equipment, facilities and improvements therein,
including an underground sewage retention facility, and excluding leads, and excepting therefrom the
interceptor system collectively referred to as the Evergreen — Farmington Sewage Disposal System; and,
WHEREAS, the City of Farmington Hills has requested that the County divest itself and transfer
title and interest in the Farmington Hills Water Supply System and Sanitary Sewer System; and,
WHEREAS, there is no outstanding debt or other indebtedness with respect to the finance,
design or construction of the System; and,
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, transmissions mains,
distribution laterals and appurtenances necessary for the transportation and distribution of potable water,
and the sewer system mains, laterals and related equipment, facilities and improvements therein,
including an underground sewage retention facility, excluding leads, and excepting therefrom the
interceptor system collectively referred to as the Evergreen — Farmington Sanitary Sewer System, serving
the City of Farmington Hills.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or designee to execute Quit Claim deeds in substantially the form attached hereto, in
favor of the City of Farmington Hills and any other necessary property transfer documents to effectuate
the transfer of the County's interest in water supply and sanitary sewer system easements relating to the
local water supply and sewage collection system serving the City of Farmington Hills.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMIMITI
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 FARMINGTON HILLS, a
Michigan Municipal Corporation, Grantee, whose address is 31555 West
Eleven Mile Road, Farmington Hills, Michigan 48336, 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, including an underground
sewage retention facility, excluding leads, and excepting therefrom the interceptor
system collectively referred to as the Evergreen — Farmington 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 Farmington 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
LJy.
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. 11- , and the said Chairperson acknowledged
the said instrument to be the free act and deed of the said Corporation.
Joseph W. Colaianne, Notary Public
State of Michigan, Livingston County
Acting in the County of Oakland
My Commission Expires: May 10, 2018
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."
Joseph W. Colaianne, Notary Public
State of Michigan, Livingston County
Acting in the County of Oakland
My Commission Expires: May 10, 2018
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
Resolution #12261 October 18, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R.12261) November 1, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER - FARMINGTON HILLS WATER SUPPLY SYSTEM
AND SANITARY SEWER SYSTEM TRANSFER AND ASSIGNMENT OF COUNTY INTEREST IN
EASEMENTS, RIGHT-OF-WAY, WATER MAINS,LATERALS AND RELATED EQUIPMENT,
FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF FARMINGTON 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, water mains, laterals
and related equipment, facilities and improvements of the
Farmington Hills Water Supply System and Sanitary Sewer System to
the City of Farmington Hills for the sum of $1.00.
2. The Water Supply System and Sanitary Sewer System have 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 Farmington Hills Water Supply System and
Sanitary Sewer System to the City of Farmington Hills will
relinquish Oakland County from any further liabilities to the
systems.
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.
Resolution #12261 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).
94,1461j
. AP1T THIS RESOLUTION
CHL EPOTY 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.
&LEE eLL,E,/
Bill Bullard Jr., Oakland County