HomeMy WebLinkAboutResolutions - 2013.03.21 - 20746MISCELLANEOUS RESOLUTION #13047 March 6, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — REQUEST FOR NON-EXCLUSIVE
UNDERGROUND EASEMENT FOR ELECTRICAL UTILITY SERVICE TO THE DETROIT EDISON
COMPANY - SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park located in the
Township of Springfield; and
WHEREAS, The Detroit Edison Company completed the installation of a new transformer for
upgraded electrical utility service to the Springfield Oaks County Park; and
WHEREAS, the electrical utility requires a 10-foot wide non-exclusive underground easement to
permit construction, installation, operation, maintenance, replacement and removal of underground
electrical 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 Springfield 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, the Oakland County Parks and Recreation Commission hereby requests 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
authorizes and approves 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 directs its
Chairperson or his designee to execute said easement on behalf of the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
01 A KIIAIIK10, 0 MI 1111 MIMI" r- -r r• 1-/11111111/3 Ot 1....oalvilvai I I cm Vt.) i E.
Motion carried unanimously on a roll call vote.
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
DTE Electric Company (Right of Way No. 32936895-32936898)
THIS EASEMENT IN GROSS is granted this day of 2013
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 DTE
Electric 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): 07-17-400-006 and 07-20-201-016
2. Grantor's Land is located in the Township of Springfield, Oakland County,
Michigan and is known as Springfield Oaks, 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 poles, 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 poles, 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
2004007.0051.416713 -1
and related appurtenances, as shown on the attached drawing. The centerline of the
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 in
Gross 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
(2) feet of the sides of transformers and switching cabinet enclosures. No buildings will
be installed in the Easement in Gross 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 (herein Grantee) shall no
longer require the use of said Easement 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 donw 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).
2004007.0051.416713 - 2 -
10. Insurance: Grantee and its contractors, at their own expense, shall maintain the
following self insurance coverage's:
$3,000,000 Combined Single Limit Commercial General Liability Broad Form
Endorsement/or the following as minimum requirement:
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 are required by law; and
General Certificates of Insurance.
11. 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
The foregoing instrument was acknowledged before me this day of
2013, 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
County
2004007.0051.416713 - 3-
Grantee: Detroit Edison Company
By:
Its:
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
2013, by for and on behalf
of the Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226.
Notary Public
Acting in , County
Prepared by and return to: Darcy Stein, Detroit Edison Company, NW Planning & Design 37849
Interchange Dr., Farmington Hills, MI. 48335.
2004007.0051.416713 -4 -
EXHIBIT A
T4N, R8E, SEC 17 SE 1/4, ALSO THAT PART OF SE 1/4 OF NE 1/4 LYING SLY OF GTW RR RNV
169.14 A SIDWELL #07-17-400-006
AND
T4N, R8E, SEC 20 W 1/2 OF NE 1/4, ALSO THAT PART OF W 30 ACRES OF N 50 ACRES OF E 1/2
OF NE 1/4 LYING SWLY OF ANDERSONVILLE RD 107 A SIDWELL #07-20-201-016
2004007.0051.416713 - 5 -
EAST 1/4 CORNER
OF SECTION 17,
SOOT LINE OF SECTION 17 CLARK ROAD
NORTH LINE OF SECTION 20
0
SOUTHEAST CORNER
OF SECTION 17 ac
NORTHEAST CORNER ss;;;N1/4‘ 0" SECTION 20
Z`h.
\ SPRINGFIELD TWP.,
\ OAKLAND COUNTY,
\ MICHIGAN
12451 ANDERSONVILLE ROAD
TAX ID NO.: 07-20-201-016 C"
°
CENTER OF
SECTION 20,
T.-4—N., R.-8—E.,
SPRINGFIELD TWP.,
OAKLAND COUNTY,
MICHIGAN SCALE: 1"-=-- 600'
EXHIBIT A
SPRINGFIELD TWP.,
OAKLAND COUNTY,
MICHIGAN NORTH-SOUTH 1/4 LINO OF SECTIO Li
V),
Lii
12450 ANDERSONVILLE ROAD
TAX ID NO.: 07-17-400-006
POINT OF
COMMENCEMENT
SOUTH 1/4 CORNER
OF SECTION 17 &
NORTH 1/4 CORNER
OF SECTION 20
SPRINGFIELD TWR.,
OAKLAND COUNTY,
MICHIGAN
---...
--... ---...1 ---- ---- ‘.- ,hic. 040
CENTERLINE OF 10'
WIDE DETROIT
EDISON EASEMENT
SEE SHEET 2
300' 600'
1200'
SKETCH OF DETROIT ED/SON EASEMENT
PART OF THE SOUTHEAST 1/4 OF SECTION 17 AND
THE NORTHEAST 7/4 OF SECTION 20, T-4—N., R.-8—E.,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
42
INF IMF
NNW
Giffels-Webster Engineers, Inc.
17,'Y H I I LI \ P,C1fhP T, 28 ,h ; prTkozr.
(.1 .2) hr,:z 111,2
DATE, 08/17,12 CHECKED BY DATTI SCALE: 1"=600'
DRAWN: ALG JNR 08/12
SHEET, 1 OF 2 DESIGN
SECTION: 17 dc 20 I JOB No, 16834.39
1060.18'
POINT OF
ENDING
EXHIBIT A
-
44/°4-4,s0A,
12450 ANDERSONVILLE ROAD
TAX ID NO.: 07-17-400-006
SCALE: 1"= 100'
POINT OF BEGINNING OF
50' 100' 200 CENTERLINE OF EASEMENT, ALSO
BEING REFERENCE POINT "A"
N8833'10E
POINT OF
COMMENCEMENT
SOUTH 1/4 CORNER OF
SECTION 17 8c
NORTH 1/4 CORNER
OR SECTION 20
T.-4—N., R.-6—E,
SPRINGFIELD TWP,
OAKLAND COUNTY,
MICHIGAN
12451 ANDERSONVILLE ROAD
TAX ID NO.: 07-20-201-016
PROPERTY DESCRIPTION
TAX ID NO, 07-17- 4C0- 006
(PER TAX DESCRIPTION)
TOWN 4 NORTH, RANGE 8 EAST, SECTION 17, SOUTHEAST 1/4, ALSO THAT PART OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 LYING SOUTHERLY OF THE GRAND TRUNK WESTERN RAILROAD RIGHT OF WAY.
TAX ID NO. 07-20-201-016
(PER TAX DESCRIPTION)
TOWN 4 NORTH, RANGE 8 EAST, SECTION 20, THE WEST 1/2 OF THE NORTHEAST 1/4, ALSO THAT PART OF THE WEST 30 ACRES OF THE NORTH 50 ACRES OF THE EAST 1/2 OF THE NORTHEAST 1/4 LYING SOUTHWESTERLY OF
ANDERSONV1LLE ROAD.
DESCRIPTION OF THE CENTERLINE OF A 10' WIDE
DETROIT EDISON EASEMENT
PART OF TAX ID NO. 07-17-400-005 & 07-20-201-016
A PART OF THE SOUTHEAST 1/4 OF SECTION 17 AND THE NORTHEAST 1/4 OF SECTION 20, TOWN 4 NORTH,
RANGE 8 EAST, SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 17 ALSO BEING THE NORTH 1/4 CORNER OF SECTION
20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 17 N88'33'10"E, 1060.18 FEET TO A REFERENCE POINT "A",
ALSO BEING THE POINT OF BEGINNING ; THENCE N15'27'40"E, 185.53 FEET TO THE POINT OF ENDING ; THENCE FROM REFERENCE POINT "A", S16'27'40"W, 69.79 FEET: THENCE 512-27'39"W, 94,12 FEET TO THE POINT OF ENDING.
SKETCH OF DETROIT EDISON EASEMENT
PART OF THE SOUTHEAST 1/4 OF SECTION 17 AND
THE NORTHEAST 1/4 OF SECTION 20, T-4-N., R.-8-E.,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
Giffels-Webster Engineers, Inc.
i' vr, r vfi +. A • I .t 10 `,1 RI 'Ir )0P, Pl. IV 17:72 s 1,, , 1),( 01, 4AI ilny,( 7,
28 I. 4 //4,1/.,,. ,1 171, I . e 06 DETROIT 4/1( Ph; 12 1112/0
DATE: 05/17/12 CHECKED BY DATE SCALE: 1"=100I
DRAWN: ALG INN 08/12
SEIE.ET 2 OF 2 DESIGN:
SECTION: 17& 20 )0B No: 16814.39
I ,N
I ,C.)
I I f')
A‘
I /
1
POINT OF
ENDING
NOTE: BEARINGS BASED ON STATE
PLANE COORDINATE SYSTEM — NAD83
r
03° r
Resolution #13047 March 6, 2013
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
CRIVIMITTEE
i i
FISCAL NOTE (MISC. #13047) March 21, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — REQUEST FOR NON-EXCLUSIVE
UNDERGROUND EASEMENT FOR ELECTRICAL UTILITY SERVICE TO THE DETROIT EDISON
COMPANY — SPRINGFIELD 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 Springfield Oaks County Park.
2. The Detroit Edison Company upgraded electrical utility service to the Springfield Oaks County
Park.
3. The electrical utility requires a 10-foot wide non-exclusive underground easement to permit
construction, installation, operation, maintenance, replacement and removal of underground
electrical utility line facilities and related appurtenances for the sum of one dollar.
4. The Departments of Facilities Management and Corporation Counsel have prepared and
reviewed all necessary documents related to the granting of the easement.
5. A budget amendment is not required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott absent.
Resolution #13047 March 21, 2013
Moved by Hoffman supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack,
Bosnic, Crawford. (21)
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 HERELY
ACTING
DVE THIS RESOLUTION
COUNTY EXECUTIVE
V' TO WICL. 45.559A (7)
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 March 21,
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 21 st day of March, 2013.
X-Pg-et/
Lisa Brown, Oakland County