HomeMy WebLinkAboutResolutions - 2013.02.07 - 20692MISCELLANEOUS RESOLUTION #13011 January 23, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION - REQUEST FOR
NON-EXCLUSIVE UNDERGROUND EASEMENT FOR ELECTRICAL UTILITY SERVICE TO THE
DETROIT EDISON COMPANY - CATALPA OAKS COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Catalpa Oaks County Park located in the City of
Southfield; and
WHEREAS, The Detroit Edison Company completed the installation of electrical utility service to the
Catalpa Oaks County Park for the Phase I Development Project; and
WHEREAS, the electrical utility requires a 10-ft. wide non-exclusive underground easement to permit
construction, installation, operation, maintenance, replacement and removal of underground electric utility
line facilities and related appurtenances; and
WHEREAS, the Oakland County Parks and Recreation Commission staff and The Detroit Edison
Company have agreed upon a route for the said underground electrical utility service, which is necessary
for the new facilities at Catalpa Oaks County Park; 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, and
WHEREAS, it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners authorize and
approve the granting of the attached easement for underground non-exclusive electrical utility service and
related appurtenances to The Detroit Edison Company for the sum of one dollar.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the granting of the attached easement for underground non-exclusive electrical
utility service and related appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached easement for underground, non-exclusive electrical
utility service and related appurtenances, and all other related documents between the County of Oakland
and The Detroit Edison Company, which may be required.
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 Woodward absent.
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No 35075426)
THIS EASEMENT IN GROSS is granted this day of
by the County of Oakland, a Michigan constitutional corporation, whose address is 1200 N.
Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as "Grantor") to The Detroit
Edison Company, a Michigan corporation, whose address is One Energy Plaza, Detroit,
Michigan 48226 (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth
herein, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept the right
to construct, operate, maintain, repair and/or replace underground electric utility line facilities
and related appurtenances, and to provide the Grantee with access to the parcels described in
paragraph #1. and Exhibit A, for the limited purpose of maintaining said underground electric
utility line facilities and related appurtenances:
1. Parcel Number(s): 24-13-426-003 and 24-13-426-004
2, Grantor's Land is located in the City of Southfield, Oakland County, Michigan and
Is described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject
to Section 7), non-exclusive Easement in Gross to permit construction, installation,
operation, maintenance, replacement and removal of underground electric utility line
facilities and related appurtenances, consisting of guys, anchors, wires, manholes,
conduits, pipes, cables, transformers and accessories. Under no circumstances can the
easement be used for any other purpose than underground electric utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property
to access the easement area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said underground electric utility line facilities and
related appurtenances. However, Grantee shall not perform any maintenance and/or
construction activities, including but not limited to work on guys, anchors, wires,
manhole, conduits, pipes, cables, transformers and accessories without using diligent,
good faith efforts to obtain prior approval from Grantor, except for emergency repairs.
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 10-ft.
wide permanent (subject to Section 7), non-exclusive Easement in Gross as described in
the attached Exhibit A (the "Right of Way Area") for the construction, operation,
maintenance, replacement and removal of said underground electric utility line facilities
and related appurtenances, as shown on the attached drawing. The centerline of the
2004007.0112,446799
Right of Way Area shall be established as the as-built location of the Centerline of
Grantee's facilities.
6. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down,
remove or otherwise control any trees, bushes, branches and roots in the easement
area that Grantee reasonably believes could interfere with the safe and reliable
construction, operation and maintenance of Grantee's facilities. No trees, structures or
fences can be planted, grown or installed within eight (8) feet of the front door and within
two (2) feet of the sides of transformers and switching cabinet enclosures. No buildings
will be installed in the Right of Way Area without Grantee's written approval.
7. Interest in Realty: This Grant and Conveyance of an Easement in Gross 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 shall not
benefit any appurtenant parcel of land, and shall only extend to the use of said
Easement in Gross for underground electric utility line facilities. In the event that
Grantee, its heirs, representatives, successors and assigns (hereinafter Grantee) shall
no longer require the use of said Easement in Gross for the purposes described herein
for more than one (1) year, said easement shall be considered abandoned, and the
Easement in Gross shall terminate and be extinguished and, the land shall revert back to
Grantor, its heirs, representatives, successors or assigns (hereinafter Grantor), with no
interest remaining in Grantee. If this should occur, then upon the written request of
Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no
Release of Easement in Gross is provided to the Grantor within a reasonable period of
time, the Grantor May file with the Oakland County Register of Deeds an Abandonment
of Easement in Gross which shall act in place of the Release of Easement in Gross,
required of the Grantee. If the Easement in Gross is abandoned, terminated or
extinguished, then upon the request of Grantor, the Grantee shall remove any structures
in the Easement in Gross as requested by Grantor, and restore the Easement in Gross
to the condition it was in prior to the removal.
8. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor's
Land while entering Grantor's Land for the purposes stated in this Easement, then Grantee
will restore Grantor's Land as nearly as can be to its original condition, except those items
which are prohibited by, or which Grantee is permitted to trim, cut down or remove pursuant
to, paragraph six (6) of this Easement.
9. Indemnification: Grantee shall also indemnify the Grantor, its elected officials, officers,
employees and/or agents against, and shall forever hold them harmless from any and all
losses, liability, actions, claims, demands, costs, expenses, injuries or damages of any kind
whatsoever which may be brought or made, and which shall be caused by or arise out of
any negligent act or omission or willful misconduct of Grantee, its officers, employees,
agents, guests, visitors, invitees, or licensees, arising out of the use of the Easement. In the
event that Grantor and Grantee are found responsible for the same losses, liabilities,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever
which may be brought or made, and which shall be caused by or arise out of any negligent
act or omission or willful misconduct of both of them, then the Grantee will indemnify
Grantor only to the extent of Grantee's proportional responsibility for the loss(es) and/or
costs associated with the loss(es).
2004007.0112.446799 - 2 -
10. Insurance: Grantee and its contractors, at their own expense, shall maintain the
following self insurance coverages:
$3,000,000 Combined Single Limit Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and employees and elected
and appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased
vehicles, and owned and non-owned autos No Fault coverage as required by law; and
General Certificates of Insurance.
12. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan constitutional corporation
BY:
Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND 1
The foregoing instrument was acknowledged before me this day of
, by , Chairperson,
Oakland County Board of Commissioners, Oakland County Michigan, a Michigan constitutional
corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
, Notary Public
Oakland County, Michigan
My Commission expires:
Acting in Oakland County
2004007.0112.446799 - 3 -
Grantee: The Detroit Edison Company
By:
Its:
STATE OF MICHIGAN )
}SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
,by
for and on behalf of The Detroit Edison Company.
, Notary Public
Acting in , County
My Commission Expires:
Drafted by and Return to: Kimberly A. Tassen, Detroit Edison Company, One Energy Plaza,
2016 WCB, Detroit, MI 48226
2004007.0112,446799 - 4 -
EXHIBIT A
See attached.
2004007.0112,446799 - 5-
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SKETCH OF DETROIT ED/SON EASEMENT
PART OF THE SOUTHEAST 1/4 OF SECTION 17 AND
77-1E SOUTHEAST 1,/4 OF SECTION 13, T-1--N., R.-10-Z,
SOUTHFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
—
DATE: 08/22/12 CHECK DBY DATE scAL.E. 1..,200.
' DRAWN: ALG 08/12
SHEET: 3 003 DESIGN:
SECTION: 3 JOE No: 4683440 3_ ...*
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SHEET: 2 01 3
SKETCH OF DETROIT ED/SON EASEMENT
PART OF THE SOUTHEAST 1/4 OF SECTION 17 AND
77-IE SOUTHEAST 1/4 OF SECT/ON 13, T-1—N., R.-10—E,
SOUTHFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
Giffels-Webster Engineers, Inc.
ERCIREERS LAND SURVEYORS PL.111WERS LANZ/SCAN' ARCHITECTS 06 W. ARIUS. SUITS 1200. ASTRO1T, MICHIGAN 40220
(313) 9131-4442
DATE: 08172/12 El= DATE
DRAWN: AT.G MIS 08/12
SHEET: 30F3 DESIGN:
SECTION: 13 11111111111111.1111 JOB No. 15234Q
PROPERTY DESCRIP770N
(TAX ID NO.: 24-13-426-003)
BEING PART OF SECTION 13, T-1-N, R-TO-E, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, BEING ALL OF
LOTS 1 THROUGH 22, LOTS 202 THROUGH 210, LOTS 220 THROUGH 228, LOTS 300 THROUGH 308, LOTS 317
THROUGH 325, LOTS 397 THROUGH 422, AND LOTS 494 THROUGH 519, ALSO BEING PART OF
LOTS 23, 60 THROUGH 84, 211, 219, AND 313 THROUGH 316 OF OAKLAND GARDENS SUBDIVISION AS RECORDED
IN USER 34, PAGE 8 OF PLATS, OAKLAND COUNTY RECORDS; BEING ALSO THE EAST 1/2 OF LOT 133 AND ALL
OF LOTS 134 THROUGH 158 AND LOTS 219 THROUGH 231 OF WOODLANDS PARK SUBDIVISION AS RECORDED IN
LIBER 37, PAGE 40 OF PLATS, OAKLAND COUNTY RECORDS, INCLUDING ALL VACATED STREETS AND ALLEYS
WITHIN THE FOLLOWING MORE PARTICULARLY DESCRIBED PARCEL:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 84 OF SAID OAKLAND GARDENS SUBDIVISION, ALSO BEING THE
INTERSECTION OF 'ME NORTH RIGHT OF WAY LINE OF SAN QUENTIN AVENUE (50' FEET WIDE) AND THE WEST
RIGHT OF WAY LINE OF GREENFIELD ROAD (53 FT. HALF-WIDTH AS PLATTED); THENCE S.89•55'00 -W, 7,00 FEET
ALONG THE NORTH RIGHT CF WAY LINE OF SAID SAN QUENTIN AVENUE TO THE POINT OF BEGINNING; THENCE
THE FOLLOWING THREE COURSES ALONG DIE NORTH RIGHT OF WAY UNE OF SAID SAN QUENTIN AVENUE: (1)
S.89'55'00-111, 1243.34 FEET TO THE SOUTHWEST CORNER OF LOT 519 OF SAID OAKLAND GARDENS SUBDIVISION,
AND (2) N.1 .03'47°W, 5.00 FEET ALONG THE WEST LINE OF SAID LOT 519 TO THE SOUTHEAST CORNER OF LOT
158 OF WOODLANDS PARK SUBDIVISION, AND (3) S,89455'00W, 330.04 FEET TO THE SOUTHWEST CORNER OF
LOT 219 OF WOODLANDS PARK SUBDIVISION; THENCE N.1'03'47W, 773.09 FEET ALONG THE WESTERLY LOT LINES
OF LOTS 219 THROUGH 231 INCLUSIVE AND THE WESTERLY UNE OF THE EAST 1/2 OF LOT 133 OF SAID
WOODLANDS PARK SUB TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF CATALPA DRIVE (VARIABLE WIDTH);
THENCE THE FOLLOWING TWO COURSES ALONG SAID SOUTH RIGHT OF WAY LINE (1) 14,89'19'00'E, 330.00 FEET
TO THE NORTHEAST CORNER OF LOT 145 OF SAID WOODLANDS PARK SUBDIVISION, BEING ALSO THE NOFRIHMST
CORNER OF OAKLAND GARDENS SUBDIVISION, AND (2) N.88'13'00‘E, 591.00 FEET; THENCE S.1 .03'00°E, 330.04
FEET; THENCE NM/3'13'00"E, 658.44 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE ON GREENFIELD ROAD
(60 FL HALF-WIDTH, AS WIDENED), SAID POINT ALSO BEING S 8813'00"W, 7.00 FEET AND 8.1 .03'00E, 330.04
FEET FROM THE NORTHEAST CORNER OF LOT 44 OF OAKLAND GARDENS SUBDIVISION; THENCE S.1'03'00-E,
485.57 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 23.827
ACRES.
ALSO;
(TAX ID NO,: 24-13-426-004)
BEING PART OF SECTION 13, T-1-N, R-10-E, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, BEING ALL OF
LOTS 24 THROUGH 43, LOTS 212 THROUGH 218, AND LOTS 309 THROUGH 312, ALSO BEING PART OF LOTS 23,
44 THROUGH 60, 211, 219 AND LOTS 313 THROUGH 316 OF OAKLAND GARDENS SUBDIVISION AS RECORDED IN
LIBER 34, PAGE 8 OF PLATS, OAKLAND COUNTY RECORDS, INCLUDING ALL VACATED STREETS AND ALLEYS WITHIN
THE FOLLOWING MORE PARTICULARLY DESCRIBED PARCEL:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 84 OF SAID OAKLAND GARDENS SUBDIVISION, ALSO BEING THE
INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SAN QUENTIN AVENUE (50 FT. FEET WOE) AND THE
WEST RIGHT OF WAY LINE OF GREENFIELD ROAD (53 FT. HALF-W1DTH AS PLATTED); THENCE N.1'03'00"W, 488.78
FEET ALONG THE WEST UNE OF SAID GREENFIELD ROAD AS PLAI /ED; THENCE S.88'13'00W, 7.011 FEET
TO THE POINT OF BEGINNING ON THE WEST RIGHT OF WAY LINE OF GREENFIELD ROAD AS WIDENED; THENCE
658.44 FEET; THENCE N.1"03'00''W, 330.04 FEET TO A POINT ON THE SOUTH RIGHT
OF WAY LINE OF CATALPA DRIVE (VARIABLE WIDTH); THENCE 14,88'13'00E, 658.44 FEET ALONG SAID SOUTH
RIGHT OF WAY LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF GREENFIELD ROAD (60 FT. HALF-WIDTH,
AS WIDENED), SAID POINT BEING 7.00 FEET WEST OF THE NORTHEAST CORNER OF LOT 44; THENCE S,1'03'00'E,
330.04 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING AND CONTAINING
4.988 ACRES.
BEING SUBJECT TO A HIGHWAY EASEMENT AS DESCRIBED IN USER 6795,
PAGE 492 OF OAKLAND COUNTY RECORDS.
DESCRIPTION OF THE CENTERLINE OF A 10' ME
DETROIT ED/SON EASEMENT
PART OF TAX ID NO 24-13-426-003 & 24-13-426-004
A PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWN 1 NORTH, RANGE 10 EAST, SOUTHFIELD TOWNSHIP,
OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 84 OF SAID OAKLAND GARDENS SUBDIVISION, ALSO BEING THE
INTERSECTION OF THE NORTH RIGHT OF WAY UNE OF SAN QUENTIN AVENUE (50 FT. FEET WOE) AND THE
WEST RIGHT OF WAY UNE OF GREENFIELD ROAD (53 FT. HALF-WIDTH AS PLAT TED); THENCE N,1'03'00W, 488,78
FEET ALONG THE WEST LINE OF SAID GREENFIELD ROAD AS PLATTED; THENCE s,8813'00"IY, 547,75 FEET TO A
REFERENCE POINT "A, ALSO BEING THE POINT OF BEGINNING; THENCE N63'25'47”E, 83,83 FEET TO THE POINT
OF ENDING; THENCE FROM REFERENCE POINT "A", S63'25'47W, 194.79 FEET; THENCE 389'13'11"E, 190.75 FEET;
THENCE NCR:1'50'48"W, 165.65 FEET; THENCE N26'23'46E, 74.17 FEET TO THE POINT OF ENDING.
Resolution #13011 January 23, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
, •
FISCAL NOTE (MR. #13011) February 7,2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — REQUEST
FOR NON-EXCLUSIVE UNDERGROUND EASEMENT FOR ELECTRICAL UTILITY SERVICE
TO THE DETROIT EDISON COMPNAY — CATALPA 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 the owner of Catalpa Oaks County Park located in the
City of Southfield.
2. The Detroit Edison Company requires a 10-foot wide non-exclusive underground
easement to permit construction, installation, operation, maintenance,
replacement and removal of underground electric utility line facilities and related
appurtenances.
3. The Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the
easement.
4. Resolution authorizes the Oakland County Board of Commissioners to approve
the granting of the easement for underground non-exclusive electrical utility
service and related appurtenances to the Detroit Edison company for the sum of
one dollar.
5. A budget amendment is not required.
--FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Quarles absent.
Resolution #13011 February 7, 2013
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THE FOREING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 February 7,
2013, 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 7 th day of February, 2013.
44044/
Lisa Brown, Oakland County