HomeMy WebLinkAboutResolutions - 2015.04.23 - 21798AND BUILDING OMMITTEE
Philfp Weipert, 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, MI 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
DTE 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
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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: If 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
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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: DTE 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
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BIT 'A"
T3N, ROE, SECS 17 & 18 PART OF SEC 17 112 OF NE114, ALSO SE 1/4 EXC S 60 FT OF E 418,10 FT & E 60
FT OF S 500 FT THEREOF, ALL OF N 112 OF SW114, ALSO PART OF S 1/2 OF SW 114 BEG AT PT DIST N 00.
1640 E 48.98 FT FROM S1/4 COR, TH N 00.1610 E 1311.21 FT, TH W 1340,52 FT, TN S 0047-10W 1316.84 FT,
TN N 89.45.34 E 100 FT, TH N 001740 E 720,32 FT, THE 875,69 FT, TH S 001640 W 716,64 FT, TB N 894544
E 365 FT TO BEG; ALSO PART OF SW 114 OF SW 1/4 BEG AT SW SEC COR, TH N 00-0640 E 1339.82 FT, TH
N 89-38-30 E 963.08 FT, TN S 00.18.00 W 1139:38 FT, TH S 89-43-20 W 149.46 FT, TN S 0048-00 W 204.19 FT,
TN S 89.5340 W 551.03 FT, TN N 00.0610 E 400 FT, TN S 89.53.10 W225 FT, TI4 S 00-06-10W 400 FT, TN S
89-53-10 W 33 FT TO BEG, ALSO THAT PART OF E 1/2 OF NW 1/4 LYING S OF 'LAKE WILLIAMS & 'LAKE
WILLIAMS GARDENS',ALSO THAT PART OF W 1/2 OF NW 114 LYING W OF W LINE OF 'SUPERVISOR'S PLAT
OF PAULSEN CIRCLE SUB% 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 NE 1/4 LYING SLY OF CEN LINE OF HATCHERY RD & E OF 'ASTROPARK NO 1', ALSO THAT PART OF
El/2 OF NE 1/4 LYING SLY OF CM LINE OF HATCHERY RD EXC THAT PART OF RD PLATTED IN 'WILLIAMS
LAKE GROVE', ALSO EXC LOTS 1 TO 6 INCL OF 'SUPERVISOR'S PLAT OF PAULSEN CIRCLE SUB`, ALSO N
1/2 OF 5E114 EXC THAT PART TAKEN FOR WILLIAMS LAKE RD 1246-96 FR 17-152-011& 012,154-001, 016,
018 & 019, 155,013, 014 & 01910 023INCL 026, 027 & 029, ALSO 176.001, ALSO 351-009, ALSO 376-006 TO
nii 1NCL & 0-35. ALSO 400-002. ALSO 1348-277.00Z 004, 007, 009 & 401-026
z
50.00'
EXHIBIT "F
CERTIFICATE OF SURVEY
GRAPHIC SCALE
80 20 60 120 240
( IN 88lrT )
1nch6O f t-
SW. CDR.
SEC. 17
T.3N., R.9E..
WATERFORD TWP
L21119 P.585 lo
288.00' et-
Ni3g-56'44"E
HIGHLAND ROAD (M-59)
100 FEET WIDE
376.09'
NE1050.41"E
SOUTH LINE OF SEC. 17
BEARINGS BASED ON S. LINE
SEC. 17 PER PARCEL DEM
EASEMENT DESCRIPTION
A 15' FOOT WIDE DETROIT EDISON EASEMENT OVER PART OF THE SW 1/4 OF
SECTION 17, T.3N., R.9E., WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN,
THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS BEGINNING
AT A POINT DISTANT 1\189'56'41"E, ALONG THE SOUTH LINE OF SAID SECTION
17, 634.09' FEET AND NO015'24tE, 204.09' FEET, AND S89'44'31"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 HEREBY CERTIFY that I have surveyed arid mapped the above described lard Oil
the date stated below; that there are no encroachments except as shown; the
error of closure is 1 in 5000 d-, which is within the accuracy of survey as
required In Act No. 288 of Public Acts of 1957.
This survey complies with the requirements of Sec. 3. Public Act 132 of 1970.. as
amended.
DEKEYSER SURVEYING
6038 NORTHRUP St
WATERFORD, MICHIGAN 48329
PHONE (248)623-1518 FAX (248)623-3078
,0,0111101Ialibroie_
* g : DEKEYSER
LAND ayoRz :
t surn sat
....... .* 44'
sio1.11.1".N
144Yinfluifinata
JOB NO.:
5456
SCALE: DATE:
1"=60' 12-04-14
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Resolution #16095 April 2, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #15095) April 23, 2015
BY: Finance Committee, Tom Middleton, 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:
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 the Oakland County International Airport.
2. A new storage building facility has been constructed on a portion of the airport property.
3. In order to provide power to the project area, the Detroit Edison Company has requested that
Oakland County grant a permanent easement for underground electric service 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
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #15095 April 23, 2015
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompany reports being accepted).
tt`(2- Y(1
HEREBY APPROVE THIS RESOLUTIOkn,
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 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 April 23, 2015,
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 23rd day of April 2015.
Lisa Brown, Oakland County