HomeMy WebLinkAboutResolutions - 2012.12.13 - 20646MISCELLANEOUS RESOLUTION #12330 December 13, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION - CSX LETTER OF
INTENT TO ELIMINATE RAILROAD GRADE CROSSING IN ROSE OAKS COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland owns 640 acres in Rose Township known as Rose Oaks County
Park; and
WHEREAS, the CSX Railroad follows the eastern boundary of Rose Oaks between its northernmost
boundary near Rattalee Lake Road and the intersection of Davisburg and Buckhorn Lake roads; and
WHEREAS, as part of a system-wide initiative, CSX Transport Inc. is eliminating all private grade
crossings, one of which crosses Rose Oaks; and
WHEREAS, through negotiations between CSX Transport, Inc. and Oakland County Corporation
Counsel, CSX Transport Inc. has offered a one-time payment of $10,000 as compensation for the
elimination of the grade crossing in Rose Oaks County Park.
WHEREAS, the Oakland County Parks and Recreation Commission recommends the Oakland County
Board of Commissioners approve to accept the one-time payment of $10,000 from CSX Transport, Inc.
as compensation for the elimination of the grade crossing in Rose Oaks County Park and execute the
Letter of Intent to Eliminate Railroad Grade Crossing dated September 21, 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the attached Letter of Intent for the acceptance of a one-time payment of $10,000 from CSX
Transport, Inc. as compensation for the elimination of the grade crossing in Rose Oaks County Park; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Letter of Intent to Eliminate Railroad Grade Crossing
dated September 21, 2012, and all other related documents between the County of Oakland and CSX
Transport, Inc., which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDII\n COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roil call vote with Nash absent.
MOTION FOR DIRECT REFERRAL TO FINANCE:
Motion carried unanimously on a roll call vote with Nash absent.
6737 Soutlipoint Drive South, J180
Jacksonville, FL 32216
Date: September 21, 2012
Division Chicago
Subdivision Saginaw
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Letter of Intent to Eliminate Railroad Grade Crossing
This letter will serve as a follow up to our conversation, September 20, 2012 regarding
the private crossing located in Oakland County, MI at DOT Number 232321X Milepost ,
Location CC 52.35 which currently provides access to property located at:
W. Rattal.ee Rd, Holly, MT
As discussed, CSX Transportation, Inc. (CSXT) is in the process of reviewing public and
private grade crossings across its system. An on-site investigation revealed that the
alternate access exist to the property via Buckhorn Lake Rd.
In our conversation the County of Oakland agreed to have CSXT permanently remove
the crossing described above. CSXT agrees to pay the County of Oakland the lump sum
of $10,000.00 in consideration for the permanent closure and removal of the
aforementioned crossing, provided that; (I) the County of Oakland provides of a copy of
the deed to the property verifying the County of Oakland's ownership of the same, and
(2) the County of Oakland extinguish all contractual, statutory, deeded, common law, and
other rights to the above crossing and all future crossings at this location to CSXT's sole
satisfaction. CSXT will not disburse payment to the County of Oakland until all
necessary documentation is fully executed and returned to CSXT.
CSXT acknowledges the continued use of the crossing may be necessary for a short
period of time not to exceed 10 months from the execution of this letter of intent. Any
extensions must be approved by CSXT in writing.
This offer will be withdrawn October 30, 2012, and the terms of this letter agreement will
have no further effect.
Please sign below to indicate the County of Oakland acceptance of these terms.
Printed Name
Signed Dated
Offered By: Sherry Millard
CSX Transportation, Inc.
In order to process the disbursement of funds connected with the closure of the following
crossing, please fill out the following items completely.
Payee Name
Street Address
P.O. Box
City
State
ZIP
Work Phone (
Home Phone (
Cell Phone (
FAX( )
E-mail address
Preferred communication method (Circle one)
Phone USPS E-mail Fax
Business or Individual? (Circle one)
Type of Business (Circle one)
Sole Proprietor/Individual. Corporation LLC Non-Profit Partnership
Is the Payee related to a CSXT employee? Yes No
If yes, employee name
important: Once this information is entered into the CSXT system, the payee will be
contacted by a CSXT Representative via preferred communication method above and
will be asked to provide a completed W-9. This information is required for payment.
FISCAL NOTE (MIK #12330) December 13, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — CSX LETTER OF
INTENT TO ELIMINATE RAILORAD GRADE CROSSING IN ROSE 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 County of Oakland is owner of 640 acres in Rose Township known as Rose Oaks
County Park.
2. Parks and Recreation received correspondence from CSX Transport, Inc. expressing their
desire to eliminate the grade crossing in Rose Oaks Park.
3. Negotiations between Parks and Recreation, Corporation Counsel and representatives from
CSX resulted in a Letter of Intent to Eliminate Railroad Grade Crossing dated September 21,
2012 and CSX offered Parks and Recreation $10,000 as compensation.
4. The FY2013 budget is amended, as shown below.
Parks and Recreation Fund 50800
5060760-160000-650104 Contributions Operating
5060201-160900-665882 Planned Use of Fund Balance
FY2013
$10,000
$10,000)
$ - 0 -
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12330 December 13, 2012
Moved by Crawford supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingeil, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (24)
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).
HEREBY APPROVE THIS RESOLLMON
CHIEF DEPUTY COUNT''' EXECUTIvV-.
ACTING PURSUANT TO MCI_ 45.556A (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 December
13, 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 13th day of December, 2012.
Bill Bullard Jr., Oakland County