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HomeMy WebLinkAboutResolutions - 2013.10.30 - 21091MISCELLANEOUS RESOLUTION 13284 October 30, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION - AFFIDAVIT OF CLARIFICATION OF FINANCIALRESPONSIBILITY FOR DAVISBURG DAM - SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland owns property located along Andersonville Road in Springfield Township known as Springfield Oaks County Park; and WHEREAS, a seven-acre portion of the property identified as the Davisburg Mill Pond site was conveyed by Quit Claim Deed to the Charter Township of Springfield on March 1, 1984; and WHEREAS, the Davisburg Mill Pond site included the Mill Pond Dam, which creates the primary east-west Davisburg Road connection; and WHEREAS, Oakland County Parks and Recreation has been responsible for the required inspection and maintenance of the dam since 2000, as required by the Michigan Department of Natural Resources; and WHEREAS, Parks staff, with the assistance of Oakland County Corporation Counsel and Oakland County Property Management, verified that the County of Oakland owns the property of the dam, however the deed language was interpreted to read that the Charter Township of Springfield and Springfield Township Parks and Recreation are financially obligated for the maintenance of the existing dam; and WHEREAS, on February 23, 1984, the Oakland County Board of Commissioners adopted Miscellaneous Resolution # 84037 stating the financial obligation for maintenance and repair of the dam shall be split based on the frontage of the Mill Pond; and WHEREAS, that split is calculated based on GiS data to be 55% Oakland County Parks and Recreation Commission and 45% Charter Township of Springfield; and WHEREAS, an Affidavit of Clarification was drafted by Oakland County Corporation Counsel clarifying the financial, maintenance, and repair obligations of the dam by the two agencies; and WHEREAS, maintenance of the dam supports Chapter 2.1.6 of the Parks Commission's 2008 Strategic Master Plan with direction to maintain and update the parks infrastructure; and WHEREAS, in collaboration with the Charter Township of Springfield, Parks staff will be working to identify and prioritize maintenance and repairs to the dam, as well as to research any funding opportunities; and WHEREAS, the Affidavit of Clarification of financial responsibility for the dam supports Chapter 2.1.7 of the Parks Commission's 2008 Strategic Master Plan with direction for partnering and sharing maintenance costs; and WHEREAS, the Charter Township of Springfield, at its July 11, 2013 Township Board Meeting, approved the Affidavit of Clarification, contingent upon approval by the Oakland County Parks and Recreation Commission and the Oakland County Board of Commissioners. WHEREAS, at the October 2, 2013, Commission Meeting the Oakland County Parks and Recreation Commission recommended that the Board of Commissioners accept the Affidavit of Clarification of financial responsibility, including maintenance and operational responsibility, to the 1984 Quit Claim Deed for the Davisburg Mill Pond Dam at Springfield Oaks County Park as drafted by the Oakland County Corporation Counsel and approved by the Charter Township of Springfield. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the acceptance of the Affidavit of Clarification of financial responsibility, including maintenance and operational responsibility, to the 1984 Quit Claim Deed for the Davisburg Mill Pond Dam at Springfield Oaks County Park as drafted by the Oakland County Corporation Counsel and approved by the Charter Township of Springfield. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its chairperson or his designee to execute the attached Affidavit of Clarification to the 1984 Quit Claim Deed for the Davisburg Mill Pond Dam at Springfield Oaks County Park. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE AFFIDAVIT TO CLARIFY QUIT CLAIM DEED This Affidavit is filed pursuant to MCL 565.451a, which permits affidavits, effecting real property, to be recorded in the Register of Deeds where the real property is located. Being sworn Michael J. Gingell, Chairperson, Oakland County Board of Commissioners and Collin W. Walls, Supervisor, Springfield Township, Michigan state and give record notice of the following 1. This Affidavit is made in connection with and is intended to clarify a portion of the Quit Claim Deed dated March-1, 1984 and recorded with the Oakland County Register of Deeds at Liber 8608, Page 12 ("Quit Claim Deed"). 2. The real property subject to the Quit Claim Deed is located in the County of Oakland, State of Michigan and is described in Paragraph 3 of this Affidavit. ("Property"). 3. The first paragraph of the Quit Claim Deed states the following: That the COUNTY OF OAKLAND, on behalf of its OAKLAND COUNTY PARKS AND RECREATION COMMISSION, Grantor whose address is 2800 Watkins Lake Road, Pontiac, Michigan 48504, for and in consideration of the sum of ONE and 00/100 ($1,00) DOLLAR, receipt of which is hereby acknowledged, and the performance of and compliance with the covenants, conditions and restrictions set forth hereafter, and the assumption of the financial obligation for repairs to the MILL POND DAM associated with the property hereby conveyed, by the TOWNSHIP OF SPRINGFIELD, Grantee, does hereby grant, convey, release, and quit-claim to said TOWNSHIP OF SPRINGFIELD, SPRINGFIELD TOWNSHIP PARKS AND RECREATION COMMISSION, Grantee, whose address is 650 Broadway, Davisburg, Michigan 48019, all the right, title, and interest of Grantor in and to all the premises, including building and improvements, which are situated in the Township of Springfield, County of Oakland, and State of Michigan, described as follows: Town 4 North, Range 8 East, Section 17, Lots 28 to 42, inclusive, of Major Mickey's Addition to Davisburg, and A parcel of land beginning at the Northwest corner of Lot 34 of Major Mickey's Addition to Davisburg, thence South 10 degrees 55 minutes 40 seconds West 377 feet, thence North 56 degrees 10 minutes 20 seconds West 64.5 feet; thence North 15 degrees 54 minutes 40 seconds East 65 feet; thence North 62 degrees 04 minutes 20 seconds West 78.94 feet; thence North 22 degrees 47 minutes 00 seconds West 247.53 feet; to the South line of Broadway Street, thence North 67 degrees 09 minutes 50 seconds East 106,34 feet to the Southerly line of Railroad, thence South 78 degrees 43 minutes 10 seconds East 178.18 feet to the point of beginning. This property is commonly known as "Mill Pond Park", located at 495 Broadway, Davisburg Michigan 48019. Parcel Identification Number—07-17-253-004 4. The Mill Pond Dam is also referred to as the Davisburg Dam or the Springfield Oaks Dam. 5. The language contained in the Quit Claim Deed regarding the financial obligations for repairs to the Mill Pond Dam needs to be clarified, because the Quit Claim Deed is vague regardingthe financial obligations. Based upon the meeting minutes of the Grantor and Grantee, in which the conveyance of the Property was approved and accepted, the Parties, through those minutes, stated that the financial obligations for the Mill Pond Dam be split between the Grantor and Grantee on a pro-rata basis of actual frontage of land, owned by the Grantor and Grantee on the Mill Pond, as determined by an actual engineering survey. At the time the Property was conveyed, there was not an actual engineering survey to determine the actual frontage on the Mill Pond owned by the Grantor and Grantee. 6. The Parties now desire to clarify the language related to the financial obligations for repairs of the Mill Pond Dam. The Grantor and Grantee agree to clarify the Quit Claim Deed as follows: (a) the Grantor shall be responsible for fifty-five percent (55%) of the costs associated with the repairs and maintenance of the Mill Pond Dam and the Grantee shall be responsible for forty-five percent (45%) of the costs associated with the repairs and maintenance of the Mill Pond Dam (these percentages are based upon a pro-rata percentage of land owned by each Party that fronts or abuts the Mill Pond); (b) the Parties shall enter into an interlocal agreement to set forth the duties and obligations of each Party for the actual repairs or maintenance to the Mill Pond Dam, (c) if third-party funds become available or are awarded to a Party to defray the costs associated with the repairs and maintenance of the Mill Pond Dam, then such funds shall be applied to reduce the total cost of the repairs and maintenance with the remaining sum to be divided between the Parties according to the percentages set forth herein; and (d) if, in the future, the Mill Pond Dam generates revenue, the profits and the costs, associated with such revenue, shall be divided between the Parties according to the percentages set forth herein. Except as stated in this Affidavit, the Quit Claim Deed, recorded at Liber 8608, Page 12, is unchanged. This Affidavit is effective as of September 12, 2013. COUNTY OF OAKLAND, GRANTOR: By: Michael J. Gingell, Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN ) OAKLAND COUNTY ) Signed and sworn to before me in Oakland County, Michigan on N Notary public, State of Michigan, County of Oakland. My commission expires . . Acting in the County of Oakland CHARTER TOWNSHIP OF SPRINGFIELD, GRANTEE: By: Collin W. Walls, Supervisor, Springfield Township, Michigan STATE OF MICHIGAN ) OAKLAND COUNTY ) Signed and sworn to before me in Oakland County, Michigan on i$i Notary public, State of Michigan, County of Oakland. My commission expires . Acting in the County of Oakland Drafted by and when recorded return to: OAKLAND COUNTY CORPORATION COUNSEL, Jody S. Hall 1200 North Telegraph Road, Department 419 Pontiac, Michigan 48341 Resolution #13284 October 30, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections.