HomeMy WebLinkAboutResolutions - 2016.04.21 - 22290MISCELLANEOUS 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
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 'A 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. 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.;
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. 8T18'00"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. 8T18'00"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. Gin gel!
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
Mark Chadwick
417,fes0 ,..*14../24)
,r111•7,
Sy
51
EXH tr-A
uni6281. mi 36 74 28979
EASEMENT
kNOW ALL MEN BY THESE PRESENTS, That VILLAGE RAVINES CONDOMINIUM ASSOC-
IATION, a Michigan non-profit association, whose address Is 1900 Fisher iding, Detroit, Michigan,
48202, hereinafter collod thg Grantor, for and in consideration of tho sum of On DOWN (11.0n)
1.00 ) dollars, paid to it by the County of Oakland, a Michigan Constitutional Corporation, hereinafter callod tho Coen1y, whose
addross to 1200 North Telograph Road, PoiHoc, Michlgon, dogs hereby grant to the County the right
to Construct, *pints, maintain, ropair and/or replace a water supply system across and through the
following described land situated in tho Village of Franklin, Oakland County, Michigan.
The permanont eosomont shall consist of a strip of land 12 feet wide wham centerline Is coincidental
to all water linis that we part of this public water distribution systom serving tho horeinorter
described property.
Also a permanent well site easement Is described as follows, The paint of beginning being South
87° 18'00" East, 200.21 fist from the Northwest cornor of sold Lot 22, thence South 87° 1800" East, 115.00 feet along the North line of Lot NI thence South 00° 30'09" West, 138.00 feet to a point on the South line of Lot 221 thence along sold South line North sr 18'00" West, 115,00 foot, thence North 00°30'00" Wen 138.00 foot to the point of beginning, Condition of this easement bring that
no ottucture From which a contaminant to the well supply could possibly eminate be built within the
bounds of this ponscesent well site *moment, Determination of allowable structures within the bounds
of this easement Ti to bo mod, by the Deportment of Public Works, with exception of oohing garages
ref Condominium Units No's. 12, 13 and 14.
Sold Rosemont/ being over and owes this following described properryt
A parcel of land being part of Lott 21 and 22 of "Supervisors Pict No. 8" a subdivision of part of the
Northeast 1/4 of Section 6 and part of the Northwest 1/4 of Sootion 5, LIN., R. 10E., Village of
Franklin, Oakland County, Michigan as recorded In Libor 46 of Plats on Page 23, Oakland
County Records, mons particularly described as beginning at the Northwest corner of said Lot 21, thonco
N. 000 30' 00" W.,„28,00 feet along the West line of told Lot 22, Atone* S. 87° 18 4 00" E. 200.00 foot, thence N. 00'30' 00"W„ 110.00 feet to a point cm the North iino of said LW 22, thence along
the said North line S. 87°21 145" E. 196,17 few, thence 5, 01 °02'00" 0, 81.35 (sit; thence S. 88° 2500" E. 92.04 feel too point on the &sot lino of said Lott 21 and 22, thence along said East line S.
19°57'00" C, 266,28 feet, thence 5, 00°11'00"W, 52,30 feet to the Southeast corner of said lot 21,
thence N. 88°22100"W, 57,80 feet; thence N. 83°28'00" W. 175.54 feet, thence No, 86°008" W.
98,76 fees thong" N. 00030'00" W. 228.42 feet to the North line of sold 1.ot 21; thence clang said
North line N. 87184000W. 246,38 foot to the point of beginning, Containing 109,841 square feet oe
2.522 acres of land. Reserving emononts and right of ways of record. 1,, ....1 n
,.. . The preen's** to disturbed by reason of the exercise of any of tho foregoing powas go le del
restored to its original condition by the County. ,o -1 " i ,
This instrument shall be binding upon and Inure to the benefit of the parties hereto, 41iir heirs, 1.1, ,,.. representatives, successors, and assigns.
Datotli2add i
.1••
VILLAGE RAVINES CONDOMINIUM ASSOCIATION,
a Michigan non-prof It nuoclotion
WITNESSES,
77. ---notaz 64,01
d TMI;
On this 20th ,cloy or March Notary Public in an For said county, peTs;nria y
and Harold T, Mitch
severally sworn, did uty !hot they are respective'
of village Ravines Condominium Assoc
the said Ecainsent Grant was signed and sealed in
of Directors; and the told Sigmund ilium
the sold instrument to be the free act and deod of
, A,D., 1974, before me, a
oPP•eno Sigmund Blum
to me personally known, who being by me
y the President and Secretary
tenon, a Michigan nan•profft association, and that behalf of said corporation by authority af Its Beard
and Harold T. Mitch acknowledged
the said Villave Rovines Condominium AssoclotIon
County•
,Pluson M, Petttpren
Notary Public, Macomb
Acting In Wayne County,
Michigan
My Commission Expires 4/I1 ten
2-2544 he
This instrument drafted by
W, J. Hardinsburg, Jr,
No, 1 Public Works Drive
Pontiac, Michigan 48054
witRevitions by H. T. Mitch
BIT A
STATE OF MICHIGAN )
COUNTY OF WAYNE
))11
ucE16281 rom 37
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, TAN., 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.
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.; 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.
FISCAL NOTE (MISC #16063) April 21, 2016
BY: Finance Committee, Tom Middleton, 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. This resolution approves the transfer of all title and interest Oakland County holds on The
Village Ravines Condominium water system and related property located in Franklin,
Michigan to The Village Ravines Condominium for the cost of $1.00.
2. The water system has no outstanding debt or other indebtedness with respect to the finance,
design or construction that would otherwise prohibit the transfer of title.
3. The conveyance of the water system and related property to The Village Ravines
Condominium will relinquish Oakland County from any further liabilities to the property.
4. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #16063 April 21, 2016
Moved by Kochenderfer supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCI. 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 21, 2016,
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 April, 2016,
Lisa Brown, Oakland County