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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