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HomeMy WebLinkAboutResolutions - 2015.04.02 - 21784i?n I\ID BUILDING OE Philip VVeipert, Chairperson MISCELLANEOUS RESOLUTION #15095 April 2, 2015 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT / OAKLAND COUNTY INTERNATIONAL AIRPORT — RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY BY THE OAKLAND COUNTY INTERNATIONAL AIRPORT TO TAX PARCEL NO. 13-17-400-003 (More commonly known as: 6849 S Service Drive, Waterford, MI) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in Waterford Township; and WHEREAS Lessee IFL Corporation has constructed a new storage building facility at 6849 S Service Drive, Waterford, Ml on leased property at the Oakland County International Airport; and WHEREAS as a condition of providing underground electric service to the project site, the Detroit Edison Company has requested that the County of Oakland grant a permanent easement for underground electric service and related appurtenances over a portion of the airport property; and WHEREAS the airport staff and the Detroit Edison Company have agreed upon an underground route (see attached) for the said underground electric service which will provide power to the project area; 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric 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 designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS DIE Electric Company (Right of Way No 41531918-41531938) THIS EASEMENT IN GROSS is granted this day of 2015 by the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, ("Grantor") to the DTE Electric Company, a Michigan Corporation, whose address is One Energy Plaza, Detroit, Michigan 48226 ("Grantee"). IN CONSIDERATION of One Dollar ($1.00), receipt of which is acknowledged and pursuant to the conditions set forth herein, Grantor grants to Grantee and Grantee accepts the following: 1. Grantor's Land: is located in the Township of Waterford, County of Oakland, State of Michigan with a tax identification number of 13-17-400-003, commonly known as 6849 S. Service Drive and specifically described in Exhibit A. Exhibit A is incorporated into this Easement. 2. Purpose: The purpose of this Easement is to construct, reconstruct, modify, add to, repair, replace, inspect, operate and maintain underground utility line facilities consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables, transformers, and accessories. 3. Grant of Easement in Gross: Grantor grants and conveys to Grantee a permanent (subject to paragraph 8), non-exclusive fifteen (15) foot wide Easement in Gross, which is depicted and described in Exhibit B (the "Right of Way Area"). Exhibit B is incorporated into this Easement. The centerline of the Right of Way Area shall be established as the as-built location of the centerline of Grantee's facilities. Access: Grantee has the right of pedestrian and vehicular ingress and egress to and from the Right of Way Area over and across Grantor's Land. However, Grantee shall not perform any maintenance and/or construction activities in the Right of Way Area without using diligent, good faith efforts to obtain prior approval from Grantor, except for emergency repairs. 5. Excavation: Pursuant to 2013 Public Act 174, MISS DIG must be called before any excavation in the Right of Way Area may proceed. 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 Right of Way Area that Grantee reasonably believes could interfere with the safe and reliable - 1 - construction, operation and maintenance of Grantee's facilities. Grantor shall not plant, grow, or install trees, structures or fences within eight (8) feet of the front door and within (2) feet of the sides of transformers and switching cabinet enclosures. Grantor shall not construct or install buildings or other structures within the Right of Way Area without Grantee's written approval. 7. Restoration: lf Grantee's employees, contractors, agents or their vehicles or equipment damage Grantor's Land, then Grantee will restore Grantor's Land as near to its original condition as possible, except for 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. 8. Interest in Realty/Successors: This Easement shall be binding upon and inure to the benefit of Grantor and Grantee, its representatives, successors and assigns. The covenants and grants contained herein shall not benefit any appurtenant parcel of land and shall only be for underground utilities. In the event that Grantee, its heirs, representatives, successors and assigns shall no longer require the use of this Easement for more than one (1) year, the Easement shall be considered abandoned, and the Easement shall terminate and be extinguished. The Right of Way Area shall revert back to Grantor, its heirs, representatives, successors or assigns with no interest remaining in Grantee. If this should occur, then upon the written request of Grantor, Grantee shall provide a Release of Easement to Grantor. If no Release of is provided to Grantor within a reasonable period of time, Grantor may file with the Oakland County Register of Deeds an Abandonment of Easement, which shall act in place of the Release of Easement. If the Easement is abandoned, terminated or extinguished, then upon the request of Grantor, Grantee shall remove any structures in the Right of Way Area as requested by Grantor, and restore the Right of Way Area to the condition it was in prior to the removal. 9. Indemnification: Grantee shall indemnify 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 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). 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 - 2 - 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. Other Permits: Grantee shall obtain the required permits, if applicable, from any other municipal or governmental agency. 12. Exemption: This Easement is exempt from transfer tax pursuant to MCL 207.505a and MCL 207.562(a). 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 201 , 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 Grantee: DIE Electric Company By: Its: STATE OF MICHIGAN )SS COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this day of 201 , by for and on behalf of the Notary Public Acting in , County Prepared by and return to: DTE Electric Company, Karen Green, 37849 Interchange Dr., Farmington Hills, MI 48335 EXIs BIT 'A" T3N, R9E, SECS 17 & 18 PART OF SEC 17 1/2 OF NE 114, ALSO SE 114 EXC 860 FT OF E 418,10 FT & E 60 •FT OF S 500 FT THEREOF, ALL OF N112 OF SW 114, ALSO PART OF 1/2 OF SW1/4 BEG AT PT 01ST N 00- 16-10 E 48.98 FT FROM S 1/4 CUR, TH N 00-16-10 E 1311,21 FT, TRW 1340,52 FT, TH S 004740 W 1316.84 FL TH N 8945-34 E100 FT, TH N 00-1740 E 720,32 FT, TH E 875.69 FT, TH S 004640 W 716.64 FT, TH N 89-45-34 E 365 FT TO BEG; ALSO PART OF SW 114 OF SW 114 BEG AT SW SEC COR, TH N 00-06-10 E 1339.82 FT, TH N 89-38-30 E 963.08 FT, TH S 00-18-00 W1139:38 FT, TH S 89-43-20W 149.46 FT, TH S 00-18.00W 204.19 FT, TH S 89-53-10W 551.03 FT, TH N 00-06-10 E 400 FT, TN S 89-5340 W 225 FT, TH S 00-06-10 W 400 FT, TH S 89-53-10 W 33 FT TO BEG, ALSO THAT PART OF E 1/2 OF NW 114 LYING S OF 'LAKE WILLIAMS' & 'LAKE WILLIAMS GARDENS',ALSO THAT PART OF W 1/2 OF NW 1/4 LYING W OF W LINE OF 'SUPERVISOR'S PLAT OF PAULSEN CIRCLE SUB1 S OF S LINE OF LOT 6 OF SD 'SUB', ALSO LOTS 29, 30 & LOTS 5910 88 INCL OF 'SUPERVISOR'S PLAT OF PAULSEN CIRCLE SUB', ALSO OF 'PAULSEN CIRCLE ANNEX' LOTS 810 13 INCL, ALSO OF 'ELWOOD FARMS SUB NO 1' LOTS 6 TO 19 INCL, ALSO PART OF SEC 18 THAT PART OF .W 112 OF NE114 LYING SLY OF OEN LINE OF HATCHERY RD & E OF 'ASTROPARK NO 1', ALSO THAT PART OF El/2 OF NE114 LYING SLY OF CEN LINE OF HATCHERY RD EXC THAT PART OF RD PLATTED IN 'WILLIAMS LAKE GROVE', ALSO EXC LOTS 1106 INCL OPSUPERVISOR'S PLAT OF PAULSEN CIRCLE SUB', ALSO N 1/2 OF SE 1/4 EXC THAT PART TAKEN FOR WILLIAMS LAKE RD 12-16-96 FR 11-152-01l& 012, 154-001, 016, 018 & 019, 155413, 014 & 01910 023INCL 026, 027 & 029, ALSO 17E-001, ALSO 351-009, ALSO 376-006 TO nu INC & 05. ALSO 400-002. ALSO 13-18-277-002, 004, 007, 009 & 401-026 EXHIBIT "B" CERTIFICATE OF SURVEY GRAPHIC SCALE ( IN FRET ) Inch Y. 60 2 SERVICE DRIVE 60 FEET WIDE S8944'31"W 324.93' 7.50 42.50' 1-- SW. CDR. SEC. 17 T.3N., WATERFORD TWP L21119 P.665 Ic HIGHLAND ROAD (M-59) 100 FEET WOE 25E1,00' Tt ' 1189-56'41"E 376.09' SOUTH LINE OF SEC. 17 N89.56'41"E BEARINGS BASED ON S. LINE SEC. 17 PER PARCEL DESC. FASEM ENT DESCRIPTION A 15 FOOT WIDE DETROIT EDISON EASEMENT OVER PART OF ThIE SW 1/4 OF SECTION 17, 1.3N., R.9E., WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN, 'THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT DISTANT N89'56'41"E, ALONG THE SOUTH LINE OF SAID SECTION 17, 634.09' FEET AND N0015.24nE, 204,09' FEET, AND SEI9'44'31"W, 42.50' FEET FROM THE SW CORNER OF SAID SECTION 17, AND RUNNING THENCE S0015'24'W, 35.00' FEET TO THE POINT OF ENDING. FOR: DETROIT EDISON CO. I HERESY CERTIFY that I have surveyed end mapped tha above described land on the dote stated below; that there are no encroachments except es shown; the error of closure is 1 in 5000 +, which Is within the accuracy of survey as required In Act No. 288 of Public Acts of 1967. This survey complies with the requirements of Sec. 3, Public Act 132 of 1970. as amended. DEKEYSER SURVEYING 6035 NORTHRUP ST. WATERFORD, MICHIGAN 48329 PHONE (248)623-1515 FAX (248)623-3078 0.01tointIoub, Of' Alf% ........ DONALD 4' • Elcir H• * DEKEYSER E• LAND suNvoroN : oogio A.4 N.„-.4-KDDIOW; "01/27//212212,0". JOB NO.: SCALE: DATE: 5456 1"=60' 12-04-14 - 6 - Resolution #15095 April 2, 2015 The Chairperson referred the resolution to the Finance Committee. There were no objections.