HomeMy WebLinkAboutResolutions - 2016.03.30 - 22245MISCELLANEOUS RESOLUTION#16063 March 30, 2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: FACILITIES MANAGEMENT/WATER RESOURCES COMMISSIONER - TRANSFER OF
WATER SYSTEM ASSETS FOR THE VILLAGE RAVINES CONDOMINIUMS WATER SYSTEM,
FRANKLIN MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS owning and operating private water systems is not part of the Oakland County Water
Resources Commissioners (WRC) current business model; and
WHEREAS WRC has identified smaller water systems, such as those operated for condominium
complexes, throughout Oakland County to transfer back to the user for operational efficiencies; and
WHEREAS it is in the best interest of the County, the condominiums, and their residents served by the
systems to take ownership of them; and
WHEREAS the WRC would like to transfer ownership of the private water system and related real
property to The Village Ravines Condominiums (a 14 unit condominium complex) in Franklin, Michigan;
and
WHEREAS the Village Ravines Condominiums can hire a third party contractor to operate and maintain
the system, therefore allowing a third party to make a profit; and
WHEREAS the County has owned and maintained the Village Ravines water system since 1971; and
WHEREAS the County has recently upgraded the system to ensure its proper operation and has
adequate reserve money to transfer the system to the condominium; and
WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached documents to transfer assets between the County and the Village
Ravines Condominiums.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his
Designee to execute the attached Purchase Agreement and all other related documents between the
County and The Village Ravines Condominiums (a 14 unit condominium complex) in Franklin, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
\.1
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jackson absent.
RELEASE OF EASEMENT
RE: VILLAGE RAVINES CONDOMINIUM
WATER SUPPLY SYSEM
The COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341("County"), as Grantee,
under an Easement dated March 26, 1974 and recorded in Liber 6281, Pages 036 and
037, Oakland County Records, a copy of which is attached hereto as Exhibit "A" and
made a part hereof (the "Easement Agreement") releases and vacates, in its entirety,
any and all interests, easements or other rights it may have had under the Easement
Agreement, including without limitation the following two easements (the
"Easements"):
(1) The easement granted to the COUNTY for the construction, operation,
maintenance, repair and/or replacement of a water supply system and related
appurtenances in, over and across the following described property located in the
Village of Franklin, Oakland County, Michigan:
A parcel of land being part of Lots 21 and 22 of "Supervisor's Plat No. 8",
a subdivision of part of the Northeast 1/4 of Section 6 and part of the
Northwest 1/4 of Section 5, T.1N., R.10E., Village of Franklin, Oakland
County, Michigan, as recorded in Liber 46 of Plats on Page 25, Oakland
County Records, more particularly described as: Beginning at the
northwest corner of said Lot 21; thence N. 00°3000W., 28.00 ft. along the
west line of said Lot 22; thence S. 87°18'00"E., 200.00 ft.; thence N.
00°30'00"W., 110.00 ft. to a point on the north line of said Lot 22; thence
along the said north line S. 87°21'45"E., 196.17 ft.; thence S. 01°02'00"E.,
81.35 ft.; thence S. 88°25'00"E., 92.04 ft. to a point on the east line of said
Lots 21 and 22; thence along said east line S. 19°57'00"E., 266.28 ft.;
thence S. 00°11'00"W., 52.30 ft. to the southeast corner of said Lot 21;
thence N. 88°22'00"W., 57.80 ft.; thence N. 83°28'00"W., 175.54 ft.;
1
thence N. 86°46'08"W., 98.76 ft.; thence N. 00°30'00"W., 228.42 ft. to the
north line of said Lot 21; thence along said north line N. 87°18'00"W.,
246.38 ft. to the Point of Beginning. Containing 109,841 square feet or
2.522 acres of land.
Sidwell No. 24-06-226-000 Ent.
(2) The well site easement granted to the County and described as follows:
The Point of Beginning being S. 87°18'00"E., 200.21 ft. from the northwest
corner of said Lot 22; thence S. 87°18'00"E., 115.00 ft. along the north line
of Lot 22; thence S. 00°30'00"W., 138.00 ft. to a point on the south line of
Lot 22; thence along said south line N. 87°18'00"W., 115.00 ft.; thence N.
00°30'00"W., 138.00 ft. to the Point of Beginning. Condition of this
easement being that no structure from which a contaminant to the well
supply could possibly emanate be built within the bounds of this permanent
well site easement. Determination of allowable structures within the bounds
of this easement is to be made by the Department of Public Works, with
exception of existing garages for Condominium Units No's. 12, 13 and 14.
These Easements are no longer needed because the County, through the Oakland County
Water Resources Commissioner, will no longer operate, maintain, repair and/or replace
the water supply system for the Village Ravines Condominiums. This RELEASE OF
EASEMENT is signed this day of , 2016.
WITNESSES: THE COUNTY OF OAKLAND,
a Michigan Constitutional Corporation
By:
(L. S.)
Michael J. Gingell
Its: Chairperson
2
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) SS:
COUNTY OF OAKLAND )
On this day of , 2016, before me, a Notary Public,
personally appeared Michael J. Gingen, Chairperson of the Oakland County Board of
Commissioners, a Michigan Constitutional Corporation, and that the RELEASE OF EASEMENT
was signed on behalf of the County by authority of its Board of Commissioners pursuant to
Miscellaneous Resolution No.
Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in County of
This instrument drafted by:
Jeffrey S. Parrott, Right of Way Supervisor
Office of the Oakland County Water Resources Commissioner
Building 95 West
One Public Works Drive
Waterford, MI 48328-1907
When recorded please return to:
Kelsey Cooke, WRC Senior Attorney
Office of the Oakland County Water Resources Commissioner
Building 95 West
One Public Works Drive
Waterford, MI 48328-1907
3
EXHIB
usti6281 to; 36 28979
EASEMENT
KNOW All MEN BY THESE PRESENTS, That VILLAGE RAVINES CONDOMINIUM ASSOC-
IATION, a Michigan non-profit anaciation, whoa address is 1900 Hitler Building, Dittoit, Michigan,
48202, hereinafter callod the Grantor, for and in consIderotion of the KIM of on DOLLAR 01.00)
($ 1.00 ) dollars, paid to it by the County of Oakland, a Michigan Conititutional Corporation, hereinafter coiled the, Canty, who
oddross is 1200 North Telegraph Road, Pcntioc, Michigan, does hereby grant so the County the right
to Construct, operate, maintain, repair and/or replace a water supply system across ond through the
following described land situated in tho Village of Franklin, Oakland County, Michigan.
The permanent losamont tholl consist of a strip of land 12 fact wide whoa' centerline is coincidentol
to all water limil that ore part of the public water distribution system serving the hereinoftor
ductIbmi properly.
Alio a permanent well site •ceement it described as follows' The point of beginning boing South
870 18'00" lot, 200.21 foot from the Northwest corner of said Lot 22; thence South 87° 18'00" East,
115.00 foot along the North line of Lot 22; thence South 00 ° 300012" West, 138.00 feat to apoint on the South lifts of Lot 22; Phenol' along told South line North sr 18103" West, 115.00 feet; thrinco North 00° 30'00" West 138.00 foot to the point of beginning, Condition of this saiement being that
no structure from which a contaminant to the well supply could posilbly eminato be built within the
bounds or this permanent well site easement, Detormination of allowable structures within the baunck
of this easement is to bo made by rho Deportment of Public Works, with exception of Braising garages far Condominium Units No's, 12, 13 and 14.
Said moments being over and action tho following described property'
A parcel of land being port of Lots 21 and 22 of "Supervisors Plot No. 8" a lubdiviiion of part of the Nortiloost 1/4 of Section 6 and part of the Northwest 1/4 of Section 5, 1.1N,, R. 10E., V 11680 of Franklin, Oakland County, Michigan at rocorded in Libor 46 of Plats on Page 25, Oakland
County Rocords, more particularly described as beginning at the Northwest comer of sold Lot 21; thence
N. 000 30' 00" W.,20.00 feet along the Welt line of sold Lot 22; thence 5. 87 ° 18' 00" E. 200.00 feet; thymus N. 00'30' 00"W, 110.00 feet to a point on the N8rth line of old Lot 22; thence , along the sold North line 5, 87921'45" 196.17 feet; thine* S. 01 02 100" E. 81.35 fast ; thence 5, 88° 25'00" E. 92.04 real too point on the Cost lino of sold Lots 21 and 22, thanes along said East line 5,
19°57'00" 8, 266,28 feet; thence S. 00°11'00W. 52,30 feet to the Southeast corner of said lot 21;
thence N, 88°22100'W, 57.80 Noll thine* N. 53°28'00" W. 175.54 feet, thence No. 86046'08" W. 98,76 foots thence N, 00°30'00" W, 220.42 foot to the North line of sold Lot 21; thence micog said
North line N, 07'1800"W. 246,38 feet to the point of beginning, Containing 109,841 square feet or
2.522 adios of land. Reserving eosomonti and right of ways of record.
The promises so ciiiturbod by ration of the smirch. of any of the foregoing powor 41 e r restored to its original condition by the County. " ;VP C 7111, instrument kill be binding upon and Inure to the benefit of the portico' horoto o representatives, succouori t and OW!"
*try
VILLAGE RAVINES CONDOMINIUM ASSOCIATION,
o Michigan non.profit aisociation
Dateri ciSitatfi
WITNESSES,
Cm!
--‘
Mork Chadwick
By
By
d T, Mita
.67411.41,
245-74 hc
This instrument drafted by!
W• J. Hardenburg, Jr,
No. 1 Public Works Drive
Pontiac, Michigan 480S4
w/Revisions by 11. T. Mitch
/loan M. Petitpren
Notary Public, Macomb
County,
Acting In Wayne County,
Michigan
My COMMIIIICM Estpires 4/11/77
re;
1
1
aaappappl....re -
14 •
EXHIBIT A
STATE OF MICHIGAN )
COUNTY Of WAYNE
))"
0162131 to 37
On this 26th riay of March , A ,D„ 1974, before me, a Notary Public In orrarfar said county, persona)ry appeared- Sigm'und Slum and Harold T , Mitch to me personally known, who being by me severally sworn, did say that they on respectively the ft•sIdent and Secretary of Village Ravines Condominium Assaciatice, a Michigan non-profit association, and that
the sold Easement Grant was signed and sealed in behalf of paid caparation by authority of its Board
of Directors; and the told Sigmund Blum and Harold T. Mitch acknowledged the said instrument to 6w the free act and deed of the said Villave Ravines Condominium Association
BILL OF SALE
This Bill Of Sale, is executed and delivered as of , 2016, by the
County of Oakland, a Michigan Municipal and Constitutional Corporation, with its offices
located at 1200 North Telegraph Road, Pontiac, Michigan 48341 (the "Seller"), to and in favor
of the Village Ravines Condominium Association (the "Buyer"). Seller transfers and conveys
to Buyer all of the personal property identified on Exhibit "A" attached hereto and incorporated
herein by this reference (collectively the "Property"). The Buyer shall pay consideration in the
amount of One ($1.00) Dollar for the Property transferred and conveyed pursuant to this Bill of
Sale. The Property is being transferred and conveyed to Buyer, because Seller will no longer
operate Buyer's water supply system. Simultaneously with the execution of this Bill of Sale,
Seller will execute and record a Release of Easement. This easement allowed the Oakland
County Water Resources Commissioner to entry Buyer's real property to operate the water
supply system.
Sellers represent and warrant to Buyer that: (1) Seller are the owners of the Property; (2)
the Property is free and clear of all liens, charges, and encumbrances; and (3) the Sellers have the
full right, power, and authority to sell the Property and to deliver this Bill Of Sale, THE
PROPERTY COVERED BY THIS BILL OF SALE HAS BEEN PURCHASED BY THE
BUYER "AS IS", "WHERE IS" AND "WITH ALL FAULTS," AND BUYER THEREFORE
ACKNOWLEDGES THAT, WITH THE EXCEPTION OF THE FOREGOING WARRANTIES
OF TITLE, NO WARRANTIES OF ANY NATURE ARE BEING PROVIDED BY THE
SELLERS TO THE BUYER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
The Property is presently located upon the real property described in Exhibit "B"
attached hereto and incorporated herein by this reference.
SELLER: BUYER:
The County of Oakland, Village Ravines Condominium
a Michigan municipal and Association
Constitutional Corporation
By: By:
Its: Its:
Exhibit "A"
A well water supply system including wells, pumps, water mains and
appurtenances that exist to provide water service to the Village Ravines
Condominiums located in the Village of Franklin.
Exhibit "B"
A parcel of land being part of Lots 21 and 22 of "Supervisor's Plat No. 8", a
subdivision of part of the Northeast 1/4 of Section 6 and part of the Northwest 1/4 of
Section 5, T.1N., R.10E., Village of Franklin, Oakland County, Michigan, as
recorded in Liber 46 of Plats on Page 25, Oakland County Records, more
particularly described as: Beginning at the northwest corner of said Lot 21;
thence N. 00°30'00"W., 28.00 ft. along the west line of said Lot 22; thence S.
8718'00"E., 200.00 ft.; thence N. 00°30'00"W., 110.00 ft to a point on the north
line of said Lot 22; thence along the said north line S. 87°21'45"E., 196.17 ft.;
thence S. 01°02'00"E., 81.35 ft.; thence S. 88°25'00"E., 92.04 ft. to a point on the
east line of said Lots 21 and 22; thence along said east line S. 19°57'00"E.,
266.28 ft.; thence S. 00°11'00"W., 52.30 ft. to the southeast corner of said Lot 21;
thence N. 88°22'00"W., 57.80 ft.; thence N. 83°28'00"W., 175.54 ft.; thence N.
86°46'08"W., 98.76 ft.; thence N. 00°30'00"W., 228.42 ft. to the north line of said
Lot 21; thence along said north line N. 87°18'00"W., 246.38 ft. to the Point of
Beginning. Containing 109,841 square feet or 2.522 acres of land.
Sidwell No. 24-06-226-000 Ent.
Resolution #16063 March 30, 2016
The Chairperson referred the resolution to the Finance Committee. There were no objections,