HomeMy WebLinkAboutResolutions - 2017.05.10 - 22899MISCELLANEOUS RESOLUTION #17090 March 26, 2017
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — HISTORIC PRESERVATION EASEMENT —
ELLIS BARN AT SPRINGFIELD OAKS COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS in August 2002, the Oakland County Board of Commissioners, via MR#02192, approved the
acceptance of a Michigan Department of Transportation, Transportation Enhancement Project (TEP)
grant funding the relocation of the Ellis Barn to Springfield Oaks County Park; and
WHEREAS in October 2004, the Oakland County Board of Commissioners, via MR#04289, authorized
the Oakland County Parks and Recreation Commission to accept the donation of the Ellis Barn; and
WHEREAS the contract for the TEP grant required that the owner of the Ellis Barn execute a Historic
Preservation Easement for the purpose of insuring that the historic property will be preserved; and
WHEREAS the easement has been negotiated with the Michigan State Housing Development Authority,
acting through the State Historic Preservation Office, and has been reviewed by Corporation Counsel;
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission that the
Oakland County Board of Commissioners authorizes and approves the Historic Preservation Easement
for the Ellis Barn at Springfield Oaks County Park.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the attached Historic Preservation Easement for the Ellis Barn at Springfield
Oaks County Park.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby
requests the Oakland County Board of Commissioners direct it's Chairperson or designee to execute said
Historic Preservation Agreement on behalf of Oakland County.
Chairperson, on behalf of the Planning and Building Codiaapittee, ',prove the adoption of the foregoing
resolution.
Corn
Chair
ssioner Philip
rson, Planni
eipert, District #8
& Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
HISTORIC PRESERVATION EASEMENT
This Historic Preservation Easement (Easement) is made between OAKLAND COUNTY,
through its statutory agent the Oakland County Parks and Recreation Commission, whose address
is 2800 Watkins Lake Road, Waterford, Michigan 48328 (Grantor), and the STATE OF
MICHIGAN, MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY, a principal state
department acting through its STATE HISTORIC PRESERVATION OFFICE (SHP0), whose
address is 702 W. Kalamazoo Street, Lansing, Michigan 48909-8240 (Grantee). Consideration for
this Easement is a Grant Award totaling Six Hundred Thousand and No/100 Dollars ($600,000.00)
awarded by the MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT), MDOT
Contract No, 04-5108, responsible for administering the transportation grant pursuant to the
Transportation Equity Act for the 21s t Century (TEA-21), 23 USC 101 el seq. MDOT passes TEA-
21 enhancement funds through to state and local agencies for qualified projects intended for
rehabilitation and adaptive re-use of the certain property, pursuant to the teims and conditions
contained within this Easement.
This Easement is executed consistent with Subpart 11 of Part 21 of Article 1, Conservation
and Historic Preservation Easements of the Michigan Environmental Protection Act, MCL
324,2140 et seq., and is executed subject to the following terms and conditions:
1. The property that is the subject of this Easement is comprised of the historic Ellis Barn and
the real property upon which the Ellis Barn is located (Property), a significant historic
structure representing an important period in Michigan's agricultural and transportation
history. Originally constructed in 1884, the Property is located in Springfield Oaks County
Park and is in Springfield Township, Oakland County, Michigan, specifically described as:
Commencing at the northeast corner of said Section 20; thence S88° 33' 07"W,
2667,34 feet along the north line of Section 20 to the north 'A corner; thence
502° 22' 12"E, 1424.50 feet along the north-south 'A line (Hall Road); thence
N87' 44' 59"E, 194.06 feet to the point of beginning being at the southwest
corner of said Ellis Barn; thence NO2° 15' 01"W, 55,53 feet; thence S83° 18'
59"W, 42.06 feet; thence NO2° 15' 01"W, 23.69 feet; thence S88° 33' 34"E,
42.02 feet; thence NO2° 15' 01"W, 55.00 feet; thence S87° 44' 59"..W, 26.43
feet; thence NO2° 15 01"W, 17,36 feet; thence N87° 44' 59"E, 27.63 feet;
thence S02° 15' 01"E, 17.48 feet; thence N87° 44' 59"E, 17.92 feet; thence
N05° 25' 10"W, 57,20 feet; thence N87° 44' 59"E, 24,58 feet; thence 501° 36'
00"W, 57.24 feet; thence N87° 44' 59"E, 19.60 feet; thence 502° 15' 01"E,,
128.14 feet; thence S87° 44' 59"W, 56.29 feet to the point of beginning and
containing 9,765 square feet.
2. Grantor grants a 38-year easement to Grantee, effective from the date on which this
easement is recorded.
3. Grantor assumes all costs necessary to preserve the historic integrity of the features,
materials, appearance, workmanship and environment of the Property pursuant to the U.S.
Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR 67-
68, provided that, Grantor, in its sole discretion, shall be able to prioritize projects associated
with the preservations obligations contained herein. Grantor's prioritization may take into
account any reasonable factors, in Grantor's discretion, including the timing, importance,
and cost of a project, the impact a project might have on other programs of Grantor, or the
length of a project. Nothing in this Easement prohibits Grantor from seeking financial
assistance from any other source (including Historic Preservation Fund Development
grants) for additional preservation efforts.
4. Grantor assumes the cost of the continued maintenance and repair of the Property so as to
keep it in a sound state of repair, prevent deterioration and preserve the architectural
historical integrity of the Property, provided that, Grantor, in its sole discretion, shall be
able to prioritize projects associated with its maintenance and repair obligations contained
herein. Grantor's prioritization may take into account any reasonable factors, in Grantor's
discretion, including the timing, importance, and cost of a project, the impact a project might
have on other programs of Grantor, or the length of a project.
5. Grantor shall maintain and preserve the Property in accordance with the recommended
approaches in the U.S. Secretary of the Interior's Standards for the Treatment of Historic
Properties, 36 CFR 67-68, in order to preserve the distinctive materials, features and spaces,
provided that, Grantor, in its sole discretion, shall be able to prioritize projects associated
with the maintenance and preservations obligations contained herein. Grantor's
prioritization may take into account any reasonable factors, in Grantor's discretion,
including the timing, importance, and cost of a project, the impact a project might have on
other programs of Grantor, or the length of a project. Grantor acknowledges that no visual
or structural alterations affecting the historic integrity of the Property will be made to the
Property without prior written permission from Grantee, its successors or assigns.
Notwithstanding any other provision of this Easement, given that this Easement is for
historic preservation, Grantor's affirmative obligation to maintain and preserve the Property
does not include rebuilding or reconstructing the Property if it is damaged beyond
reasonable repair (in Grantor's opinion) or if the Property is destroyed.
6. If Grantor intends to undertake work, outside the scope of this Easement, that may affect
the Property, Grantor shall give prior written notice to Grantee, through the SHP() or the
SHPO's successors or assigns. Grantor shall notify Grantee in writing of any action or
undertaking proposed by another governmental agency upon becoming aware of the
proposed action or undertaking.
7. Grantor will permit Grantee, its agents, officers, employees, subcontractors or designees to
enter onto the Property at all reasonable times to inspect and ascertain compliance with the
conditions of this Easement.
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8. Grantor will provide interior public access to the Property no less than twelve (12) days
each calendar year so that the general public can view the grant-assisted work and
investment of public funds on the Property. The days the Property is available to the public
will be equitably spaced. As used in this paragraph, the phrase "equitably spaced" does not
necessarily require access once a month. Grantor may take into account seasonal and other
factors that will most effectively afford public access while implementing the purpose and
intent of the Grant Award. Grantor will also provide access to the Property by appointment
or rental. Nothing in this Easement shall restrict Grantor's use of the Property.
9. Grantor and Grantee acknowledge that as long as the grant-assisted work is clearly visible
from a public right-of-way or remains located within a public park, interior public access to
the Property as set forth in Section 8 is not required. Public access is also not required when
interior development work such as electrical or plumbing repairs would not be visible if
general access to the Property were to be provided.
10. Grantor may charge a reasonable nondiscriminatory admission fee to the public that is
comparable to fees charged at similar facilities in the area. Grantor will not discourage
public visitation of the Property.
11. Grantor shall comply with the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq., the
Persons with Disabilities Civil Rights Act, MCL 37,1101 et seq., and all other state, federal
and local fair employment practices and equal opportunity laws and covenants that it shall
not discriminate against any employee or applicant for employment, to be employed in the
performance of this Easement with respect to his or her hire, tenure, terms, conditions, or
privileges of employment, or any other matter directly or indirectly related to employment,
because of his or her race, religion, color, national origin, age, sex, height, weight, marital
status, or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position. Grantor agrees to include in every subcontract entered into for
the performance of its obligations under this Easement this same covenant not to
discriminate in employment.
12, Grantor must comply with the Americans with Disabilities Act and with Section 504 of the
Rehabilitation Act when interior public access is required at least twelve (12) days per
calendar year and at other times by appointment or rental. Grantor is not required to make
every part of the Property accessible to and useable by disabled persons by means of
physical alterations. During public access periods, videos, slide presentations and/or other
audio-visual media should be used to depict otherwise inaccessible areas or features, The
intent of this paragraph is to communicate that the preservation/accessibility issue must be
addressed and that the solution is to take careful steps to determine what can be done to
improve access without sacrificing historic fabric.
13. Upon receipt of a written request from Grantee, Grantor shall promptly furnish Grantee with
written certification that to the best of Grantor's knowledge, Grantor is in compliance with
the terms and conditions of this Easement.
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14, This Easement runs with the land and is binding on Grantor, its successors and assigns.
Grantor shall provide notice of this easement in any deed or other legal instrument in which
it divests itself of either fee simple title or some other lesser estate in the Property.
15. If Grantor plans to sell the Property or enter into a long-term lease for the Property during
the term of this Easement, Grantor shall first offer the Property to Grantee for purchase or
lease, at the same price and on the same terms of the intended sale or lease. If Grantor
proposes a conveyance other than a sale or long-term lease, Grantor, before completing the
conveyance, shall first offer the Property to Grantee at a price based on the fair market value
of the land, structures and improvements thereon. Grantee has thirty (30) days from receipt
of the offer to accept or reject it in writing.
16. If Grantor leases the Property, Grantor covenants to incorporate into the lease all of the
terms, conditions and covenants of this Easement.
17. Grantor shall not to employ any subcontractor, manufacturer or supplier who appears in the
register compiled by the Michigan Department of Labor and Economic Growth pursuant to
1980 PA 278, MCL 423.321 et seq. (State Contracts with Certain Employers Prohibited) to
perform work on the Property.
18. Grantor shall consult with Grantee through the SHPO or the SHPO's successors or assigns,
to ensure that any contracts entered into for the performance of the obligations of this
Easernent comply with the applicable barrier free design laws, including the Architectural
Barriers Act of 1968, 42 USC 4151 et seq., and the Utilization of Public Facilities by
Physically Limited Act, MCL 125.1351 et seq. It is understood Grantor may apply for
lawful exemptions from the requirements of these laws.
19. Grantor, its successors and assigns, shall pay all legally required property taxes and special
assessments, if any, on the Property as they become due and will not permit any taxes and
assessments to become delinquent.
20. In the event that the Property is damaged by any natural disaster or any casualty, Grantor
agrees to notify Grantee, through the SHP() or the SHPO's successors or assigns, in writing
within fourteen (14) days of the damage or destruction, indicating what, if any, emergency
work has already been undertaken and completed. Grantor shall not make repairs, other
than emergency work to prevent further damage to the Property or to protect public safety,
without Grantee's prior written approval, which specifies that the proposed work will
conform with the U.S. Secretary of the Interior's Standards for the Treatment of Historic
Properties, 36 CFR 67-68. Grantee shall give its approval or denial of work requested by
Grantor under this paragraph within thirty (30) days of receiving Grantor's request.
21, After providing written notice to Grantor, Grantee may institute action(s) to enjoin
violations of this Easement, to require specific performance, and to require restoration of
the Property in conformity with the U.S. Secretary of the Interior's Standards for the
Treatment of Historic Properties, 36 CFR 67-68. Grantee has available to it all legal and
equitable remedies to enforce Grantor's obligations under this Easement.
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22. This Easement constitutes the entire agreement between the Parties and may only be
amended in writing, provided the amendment is consistent with the preservation purpose of
the Grant Award and does not reduce the Easement tenth No amendment will be effective
unless it is executed in the same manner as this Easement was originally executed, expressly
refers to this Easement and is recorded in the Register of Deeds' Office in the county in
which the Property is located.
23. This Easement will be interpreted in accordance with the laws of the State of Michigan.
24. If any provision of this Easement or any amendment thereto is found to be illegal or
otherwise unenforceable by a court of competent jurisdiction, such provision will be severed
from the remainder of the Easement and such action will not affect the enforceability of the
remaining provisions of the Easement.
25, Upon execution, Grantor covenants to promptly record this Easement, in the Register of
Deeds Office in the county in which the Property is located.
IN WITNESS WHEREOF, the Grantor subscribes its name on the date set forth below:
GRANTOR:
Oakland County
By:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
Date:
State of Michigan
County of
The foregoing instrument was acknowledged before me on ,2017, by
Signature
Print name exactly as it appears on notary public certificate of appointment
5
Notary Public, State of Michigan, County of
My commission expires
Acting in the County of
Drafted By: Legal Description Reviewed By:
Joshua 0, Booth Scott M. Grammer
Assistant Attorney General Legal Affairs — SHP()
State Operations Division Michigan State Housing Development Authority
P. 0. Box 30754 735 E. Michigan Avenue
Lansing, ME 48909 Lansing, MI 48909
(517) 373-1162 (517) 373-4765
After Recording, Return To:
Scott M, Grammer
Legal Affairs — SHP°
Michigan State Housing Development Authority
735 E. Michigan Avenue
Lansing, MI 48909
(517) 373-4765
THIS INSTRUMENT IS EXEMPT FROM REAL ESTATE
TRANSFER TAXES PURSUANT TO SECTION 5(h) OF 1966
PA 134, MCL 207.505(h)(i), AND SECTION 6(h) OF 1993 PA
330, MCL 207.526(h)(i)
6
NORTH 174 CORNER
OF SECTION 20
T.-4-N„ R.-8--E.,
SPRINGFIELD TOWNSHIP,
OAKLAND COUNTY, MI
L.19237, P.578 588 33' 07"W
NORTHEAST CORNER
OF SECTION 20
T.-4- N., R.-8.-E.,
SPRINGFIELD TOWNSHIP,
OAKLAND COUNTY, MI
2667.34' L.19237, P.594
NORTH LINE OF SECTION 20 * N87 44 59
24.58' rOINT OF
COMMENCEMENT
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143 27.63'
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42.02' PART OF 07-20-201-016
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SKETCH OF LEGAL DESCRIPTION
ELLIS BARN SPRINGFIELD OAKS PARK
PART OF SECTION 20, T-4—N., R.-8—E,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
587' 44' 59"W
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PROPERTY DESCRIPTION
ELLIS BARN LEGAL DESCRIPTION
PART OF TAX ID NO. 07-20-201-016
A PART OF THE NORTHEAST 1/4 OF SECTION 20, TOWN 4 NORTH, RANGE 8 EAST,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY
DESCRIBED AS
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SEE' 33' 07W,
2567.34 FEET ALONG THE NORTH LINE OF SECTION 20 TO THE NORTH 1/4 CORNER;
THENCE SO2' 22' 12"E, 1424.50 FEET ALONG THE NORTH—SOUTH 1/4 LINE (HALL ROAD);
THENCE 587' 44' 59"E, 194.06 FEET TO THE POINT OF BEGINNING BEING AT THE
SOUTHWEST CORNER OF SAID ELLIS EARN; THENCE NO2' 15' 01"W, 55.53 FEET; THENCE
S83' 18' 59W, 42.06 FEET; THENCE NO2' 15 01"W, 23.69 FEET; THENCE S88' 33' 34"E,
4202, FEET; THENCE NO2' 15' 01 nW, 55,00 FEET; THENCE 587' 44' 59W, 26.43 FEET;
THENCE NO2' 15' 01"W, 17,36 FEET; THENCE N87' 44' 59"E, 27,63 FEET; THENCE
SOT 15' 01"E, 17,48 FEET; THENCE NET 44' 59"E, 17.92 FEET; THENCE ND5' 25' 10W,
57.20 FEET; THENCE N87' 44' 59"E, 24,58 FEET; THENCE SO1' 36' 00W, 57,21 FEET;
THENCE NET 44' 59"E, 19,60 FEET; THENCE 502' 15' 01E, 128.14 FEET; THENCE
S87' 44' 59"W, 56.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 9,765 SQUARE
FEET.
SKETCH OF LEGAL DESCRIPTION
ELLIS BARN SPRINGFIELD OAKS PARK
PART OF SECTION 20, T-4-N.,
SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN
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Resolution #17090 April 26, 2017
The Vice-Chairperson referred the resolution to the Finance Committee, There were no objections.
Cofnmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FISCAL NOTE (MISC. #17090) May 10, 2017 BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — HISTORIC PRESERVATION EASEMENT ELLIS
BARN AT SPRINGFIELD OAKS COUNTY PARK
To The Oakland and 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 resolution authorizes and approves the Historic Preservation easement for the Ellis Barn at
Springfield Oaks County Park.
2. In August 2002, the Oakland County Board of Commissioners, per MR#02192, approved the
acceptance of a Michigan Department of Transportation, Transportation Enhancement Project
(TEP) grant, funding the relocation of the Ellis Barn to Springfield Oaks County Park and in
October 2004 the Oakland County Board of Commissioners, via MR#04289, authorized the
Oakland County Parks and Recreation Commission to accept the donation of the Ellis Barn.
3. The contract for the TEP grant required that the owner of the Ellis Barn execute a Historic
Preservation Easement for the purpose of ensuring the property will be preserved and the
easement has been negotiated with the Michigan State Housing Development Authority and has
been reviewed by Corporation Counsel.
4. A budget amendment is not required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #17090 May 10, 2017
Moved by Hoffman supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingen, Hoffman, Jackson, Kochenderfer, Kowa11, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Amended
Consent Agenda were adopted (with accompanying reports being accepted).
il7,2-4
I HEREBY APPROVETHIS RESOLUTION
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 May 10, 2017,
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 10th day of May, 2017.
Lisa Brown, Oakland County