HomeMy WebLinkAboutResolutions - 2017.10.11 - 23144MISCELLANEOUS RESOLUTION #17286 October 11, 2017
BY: Commissioner Philip J. Weipert, Chairperson, Planning and Building Committee
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION — SALE OF A 2.7-ACRE
PARCEL LOCATED AT 9821 SASHABAW ROAD IN INDEPENDENCE TOWNSHIP, MICHIGAN AND
CREATION OF A CONSERVATION/ACCESS EASEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, via MR# 17039, authorized the acquisition of a
2.7-acre property at 9821 Sashabaw Road in Independence Township, Michigan ("Property"), adjacent to
Independence Oaks County Park for $290,000; and
WHEREAS this Property was acquired to expand Independence Oaks Park, to protect additional natural
resources, to protect a portion of the Clinton River stream corridor, and to facilitate access between the
south and north areas of the Park; and
WHEREAS after the Property purchase in May 2017, a conservation/access easement was developed to
encompass the northwest 1.67 acres of the Property to permit the County to preserve and protect a
relatively natural habitat of fish, wildlife, and plants, to preserve and protect open space, to preserve and
protect the area for outdoor recreation and education, and to permit the County to construct and maintain
trails, boardwalks, and other related improvements to provide passage and access by the public; and
WHEREAS because the County has no need for the residential dwelling located on the Property, the
Property was marketed using a broker; and
WHEREAS the attached Purchase Agreement for the Property has been received in the amount of
$270,000 from Joshua Sherman; and
WHEREAS the Purchase Agreement requires that Joshua Sherman convey the conservation/access
easement to the County at the closing for the sale of the Property; and
WHEREAS the Oakland County Parks and Recreation Commission ("OCPRC") approved the attached
Purchase Agreement; and
WHEREAS OCPRC recommends and requests that the Oakland County Board of Commissioners
approve and execute the attached Purchase Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Purchase Agreement for the 2.7-acre parcel located at 9821 Sashabaw Road in Independence
Township, Michigan 48348.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its Chairperson or designee to
execute the attached Purchase Agreement on behalf of the County (Seller) and all other related
documents between the County and Joshua L Sherman (Buyer).
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Director of Facilities
Management or the County Property Manager to execute all documents required for the conveyance of
the Property, including but not limited to the documents for closing.
Chairperson, on behalf of the Planning and Bi44ng Committee. I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Tietz absent.
L ------
ommissioner Philip Weipert, District #8
hairperson, Planning and Building Committee
ADR REVIEW SIGN OFF —Oakland County Parks and Recreation
Commission
RESOLUTION TITLE: Sale of a 2.7-acre Parcel Located at 9821 Sashabaw Road in Independence
Township, Michigan and Creation of a Conservation/Access Easement
DEPARTMENT CONTACT PERSON: Dan Stencil 8-4944, Paul Zachos 8-5380, Jody Hall 8-0555
DATE: 10/9/2017
DEPARTMENT REVIEW
Corporation Counsel:
Approved w/ Modification —Jody Hall (10/9/2017)
- Gerry Fisher requested three changes to the conservation and access easement, which changes
were to the first paragraph, Section 2, and Section 8. These changes were legal in nature.
Department of Management and Budget:
Approved — Lynn Sonkiss (10/9/2017)
Department of Human Resources:
Approved (No Committee) — Lori Taylor (10/9/2017)
217074518
PURCHASE AGREEMENT
DATE 09/13/17
LISTING BROKER Keller Williams Domain Birmingham SELLING BROKER RE/MAX Vision
LISTING AGENT Nioole g McAvoy
AGENT ID# 29365$ OFFICE ID// 391898
EMAIL nicole@nicolemeavoy.coM
SELLING AGENT
AGENT ID# 203111
EMAIL rosalierealtotlgmail.com
Rosalie Cole
OFFICE 10# 3181380
PROPERTY DESCRIPTION: The undersigned Buyer hereby offers and agrees to purchase Property located in Michigan,
City/TownshioNillage of Clarkston County of Oakland Tax ID# 0803401005
Legal description T41.1., TOE, SEC 3 SUPERVISOR'S PLAT NO 1.3. PART OF LOT SO EEC AT sw LO r COP., TN N 85-37 -30 E 120.44 pr,
Also commonly known as 9821 SASHABAW RD Zip 48348
roipt Addr4s.s
Property described above shall include all available sub surface and mineral rights, all fixtures, improvements and appurtenances
now in or on Property, including all built-in appliances/equipment, shelving, cabinets, all lighting
fixtures, ceiling fans, attached carpeting, all window treatments and hardware, attached mirrors, hard-wired telephone system and
instruments designed for the system, television antennae, satellite dishes (if owned) and complete rotor equipment, storm doors,
storm windows, screens, awnings, garage door openers and transmitters, water softeners and security systems (if owned),
mailboxes, fences, fireplace inserts, doors, screens, gas logs, grates, gas attachments and equipment, attached humidifiers, all
landscaping, fuel in tanks, central vacuum and attachments, and
Stove, Refrigerator, Bar Fridge, Dishwasher, Disposal, Washer & Dryer currently on
premises
Items specifically excluded in the Listing Agreement or MLS publication must be listed hereafter, or they will be deemed included
in the sale:
2. PRICE: Buyer agrees to pay the sum of Two Hundred seventy Thousand Dollars
($ 270,000.00 ) in consideration for which Seller will provide a warranty deed subject to existing
building and use restrictions and easements and rights of way of record.
3, METHOD OF PAYMENT: All money must be paid in U.S. funds by cashier's check, wired funds, or such other funds acceptable
to the closing agent. Sale shall be completed by the following method: (Mark only the box that applies.)
0 A. CASH SALE. Delivery of the Warranty Deed conveying marketable title and payment of the purchase price,
K B. CASH SALE WITH NEW MORTGAGE. Agreement contingent upon Buyer securing a cony, mortgage, not
contingent upon sale or closing of other assets, in the amount of $ 172,000.00 and paying $ 98,000,00
down plus mortgage costs, prepaid items, adjustments and flood insurance (if required) by lender, Buyer agrees to apply for
such mortgage at buyer's own expense within 10 calendar days from final acceptance of this Agreement. If a mortgage
commitment conditioned only upon marketable title and satisfactory survey (if required) is not delivered to Listing Broker within
45 calendar days from date of agreement, the Seller may declare Agreement void, Buyer further agrees that in
connection with application to lender, Buyer will promptly comply with lender's requirements and requests for true and accurate
information required to process loan application.
0 C. SALE BY LAND CONTRACT/MORTGAGE ASSUMPTION/SELLER FINANCING.
(See appropriate land contract financing addendum attached and made a part hereof.)
4. EARNEST MONEY DEPOSIT: Buyer is depositing with broker $ 5,000,00 in the form of a check, money order,
cashier's check or certified funds. An additional sum of $ 0.00 shall be deposited within calendar days
of acceptance by Seller, making the total earnest money deposit $ 5,000.00 . Total sums deposited will be deemed
the Earnest Money Deposit to be held in accordance with the laws of the State of Michigan and applied to the purchase price at
closing, The Earnest Money Deposit shall be disbursed ONLY in accordance with either: (a) the terms hereof; (b) a fully executed
mutual release; or (c) until a civil action has determined to whom the deposit must be paid. If offer made is not accepted by
Seller, the Earnest Money Deposit shall be returned to Buyer.
5. ACKNOWLEDGEMENT OF EARNEST MONEY DEPOSIT: Received by: Re/Max Vision
Rosalie Cole (I4-07747 IA. ,
Agall Slvura .11/ n i 17 at
6. CLOSING: Subject to all conditions herein, closing shall take place on or before --0-2-742-1-- -97
at Listing Office or other mutually agreed-upon location. Seller shall pay all state and county transfer taxes and other
1-/-
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required to convey clear title, Buyer shall not be deemed in default of this Agreement for any delay beyond the agreed upon
Page 1 o15
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sowris) rdtai s
Instarletmm-
closing date clue to reasons associated with Truth in Lending and/or federal disclosure requirements related to Buyer's Good
Faith Estimate,
7, POSSESSION: Seller shall deliver possession to Buyer XI at closing or 0 by '12:00 Noon days after closing (closing to
apply if no choice is made.) if possession is not delivered at closing, from and including day of closing, through date of vacating
property, SELLER SHALL PAY the sum of $ per day. Designated escrow agent shall retain from amount
due Seller the sum of 1 l/z times daily fee, times total days for occupancy. Designated escrow agent shall disburse occupancy fee
due Buyer every 30 days, upon written request from Buyer. Seller shall be entitled to any unused portion of occupancy fee as
determined by date Property is vacated and keys surrendered to 0 Buyer 0 Listing Broker Ei Selling Broker. Seller is legally
obligated to deliver possession as specified herein, If Seller FAILS to deliver possession as specified herein, Seller shall pay
TWICE the daily occupancy fee per day and may be liable for cost of eviction, actual attorney fees, damages and other costs
incurred by Buyer in obtaining possession and collecting any amount due. Brokers have no obligation, implied or otherwise, as to
condition of premises or for seeing that premises are vacated or date specified.
8. AVAILABILITY OF HOME PROTECTION PLANS: Buyer and Seller acknowledge having been advised of availability of home
protection plans.
tg..--pgy for all sewer and water charges to date of 0 CLOSING
been made,) Designated escrow agent shall retain from amount due
IK.1 sewer charges. After water and sewer bills are verified paid, any
9. SEWER AND WATER CHARGES: Selfer,agrees
LI POSSESSION (possession will apply if no choi
Seller at closing $300.00, or more if needed Jorfirial wate
unused portion shall be returned to Seile
TITLE EVIDENCE AND SURVEY: Seller agrees to order title insurance upon acceptance of offer and to furnish Buyer a
commitment of Title Insurance to be issued without standard exceptions. Buyer to secure and pay for a survey, if required by the
title company to remove the standard exceptions. After closing, a Policy of Title Insurance, at seller's sole cost, without standard
exceptions will be issued in the amount of purchase price, bearing date of closing or later guaranteeing title in condition required
for performance of Agreement. Title Commitment shall be "marked up" at closing insuring through date of recording.
Title Insurance has been recommended by the real estate broker(s).
11. TITLE OBJECTIONS: If objection to title is made, based upon written notice that title is not in the marketable condition required
for performance hereunder, Seller shall have 30 calendar days from date notified in writing of particular defects claimed, to either:
(a) remedy title; or (b) obtain title insurance satisfactory to Buyer. Buyer agrees to complete sale within 10 calendar days of
written notification that the title has been remedied or by date specified in this Agreement if later. If Seiler is unable or unwilling to
remedy title within time specified, Buyer will waive requirement in writing within 10 calendar days of written notification thereof, Or
Agreement may be declared null and void at Buyer's option.
12. TAXES: All property taxes due and payable on or before date of closing shall be paid by Seller. Current taxes shall be prorated
and adjusted as of date of closing in accordance with due date of municipality or taxing unit(s) in which Property is located,
Buyer acknowledges that Property taxes are subject to change. If taxes are not paid in advance, see addendum made a part
hereof. Seller shall pay transfer taxes and other costs required to convey title. Buyer shall pay all costs for recording the warranty
deed.
13. ASSESSMENTS: Seller shall discharge in full all public authority charges confirmed by municipality or taxing unit(s) (special
assessments, water, sewer, paving charges, etc.) which are currently due and payable. Buyer is responsible for other
assessments including, but not limited to, capital and lateral charges (assessed, but value not yet determined) which are
confirmed and become due and payable after closing,
14. CONDOMINIUM/HOMEOWNERS ASSOCIATION ASSESSMENTS: Current dues shall be prorated to date of closing, Any
delinquent condominium/homeowner association dues/assessments/liens shall be paid by Seller at closing. Any and all
dues/assessments/liens confirmed and becoming due and payable after closing will be paid by Buyer. (See Condominium
Addendum made a part hereof if applicable)
15. MAINTENANCE OF PROPERTY: Seller is responsible for keeping Property in substantially the same condition as of date of
Agreement. Seller is responsible to maintain grounds and keep all systems in working order until Property is vacated and keys
are surrendered by Seller except for conditions disclosed in Seller's Disclosure Statement or conditions discovered by Buyer as
part of inspections. In the event Property has been winterized, it shall be the obligation and expense of Seller to de-winterize
Property prior to closing. Seller agrees to leave Property broom-clean and free of debris and personal property,
16. UTILITIES: Seller shall order final billings on all utilities (gas, electric, etc.) as of the day of possession and Seller shall pay final
billings. Seller shall not direct any utilities to be disconnected. Buyer agrees to inform all utility companies of ownership and to
assume and pay all billings from day of taking possession.
17. RISK OF LOSS: Seller is responsible for any damage to the Property, except for normal wear and tear until the closing or
possession, whichever is later., If there is damage that Seller is unable or unwilling to repair or to arrange and pay to be repaired,
Buyer has the option to cancel this Agreement and the Earnest Money Deposit shall be immediately refunded to Buyer or Buyer
MLS 217074518
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Buyers) Mais Sellar(s) Initials
This contract is eer use by Realcomp Subscribers. Use by any other party i$ illega,1 and voids tho contract. lnstanetKvAs
can proceed with the closing and deduct from the purchase price a fair and reasonable estimate of the cost to repair the Property
and assume the responsibility for the repair, thereby releasing Seller.
1B, SELLER'S DISCLOSURE STATEMENT: (initial only one).
Buyeris Initials
1/ A (...-"'With Disclosure: Buyer has, prior to writing this offer, received Seller's Disclosure Statement.
Without Disclosure: All Parties understand that Seller's Disclosure Statement was not available at time
this offer was written. Seller shall provide Buyer with a Seller's Disclosure Statement with Seller's Acceptance of this offer
pursuant to Public Act 92 of 1993.
19. LEAD-BASED PAINT DISCLOSURE/INSPECTION: (For residential housing built prior to 1978)
A. Tv7 ,./Buyer acknowledges that prior to signing this Agreement, Buyer has received and reviewed a
13.1.,yar's copy of the Lead-Based Paint Seller's Disclosure Statement.
B. Buyer shall have a day opportunity after date of Agreement to conduct an inspection
of Property for presence of lead-based paint and/or lead-based hazards, (Federal regulations require a 10
day or other mutually agreed upon period of time.) If Buyer is not satisfied with results of this inspection,
upon notice of Buyer to Seller within this period, Agreement shall be terminated and Earnest Money Deposit
shall he refunded to Buyer.
C. *etuyer hereby waves an opportunity to conduct a risk assessment or inspection for presence of
BL,'S fritiafs lead-based paint and/or lead-based paint hazards.
20, DEFAULT:
A. BUYER: In the event Buyer fails to fulfill obligations set forth herein or fails to close this transaction in the time and manner
provided, Seller may elect to enforce the terms hereof, declare the sale void, and retain Earnest Money Deposit (per
paragraph 4) as liquidated damages and/or seek all available legal or equitable remedies,
B. SELLER: In the event Seller fails to fulfill obligations set forth herein or fails to close this transaction in the time end manner
provided, Buyer may elect to enforce terms herein, declare sale void, be entitled to refund of Earnest Money Deposit (per
paragraph 4), and/or seek all available legal or equitable remedies.
21. FEES: Buyer agrees to pay closing fees charged by lender and/or title company and a compliance/transaction fee of
199.00 payable to Selling Broker at closing.
22. TIME LIMIT: Buyer is making this offer valid until re AM u PM on
or until withdrawn in writing.
23. ADDITIONAL DOCUMENTS ATTACHED: The Seller's Disclosure Statement, Lead Based Paint Disclosure, Agency
Relationship Disclosure, plus the following checked items are also attached hereto.
LIFHANA Addendum
ElSwimming Pool Addendum
ClAdciitional (General) Conditions
['Financing Addendum
EILInplatted Land Addendum
ElPrivate Road Addendum
Well & Septic Addendum
DVacent Land Addendum
OContingency Sales Agreement
ElCondominium Addendum
El
24. FLOOD INSURANCE: Buyer may, at his expense, obtain a Floodplain Certification within calendar days from the date
of Seller's acceptance of this Agreement. If the Certification discloses that the property is in a Special Flood Hazard Area, Buyer
may notify Seller, in writing, within II) days from the date of the Certification that Buyer declares this Agreement null and void
and the deposit shall be returned to the Buyer. Failure to notify Seller that the property is in a Special Flood Hazard Area within
this same time period shall constitute a waiver of Buyer's right to terminate the Agreement under this paragraph and Buyer agrees
to obtain a policy of flood insurance if required to do so by the mortgage lender.
25. WELL AND SEPTIC SYSTEM INSPECTION: See attached addendum made a part hereof, if applicable.
26. PROPERTY INSPECTION/DUE DILIGENCE CONTINGENCY: Note: Inspections required by FHA, VA, lenders, or
municipalities are not made for, nor should they be relied upon by Buyer. Broker(s) recommend that Buyer conduct
independent private inspection(s) of property at Buyer's expense. Due diligence may include, but is not limited to, any
Inspection(s) or research deemed necessary by Buyer, including: structural integrity, condition of mechanical systems,
environmental status, health or safety conditions, surveys or infestation. To ensure intended use of premises it is
recommended that Buyer research: square footage; building and use restrictions: easements; ordinances regulations; school
district; and/or property tax status, if Buyer DOES NOT notify Seller, In writing, within 10 calendar days from date of final
acceptance of Agreement that Buyer is dissatisfied with results of due diligence, Agreement shall be binding without regard to
MLS # 21707451g
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Suyerlsi nitiI
This contract .ia Eox use by Realcomp EUbscribers. Use, by any other party is illegal and voids the contract,
1 soleqs) Initials
1n5tanet FOEMS
Buyer:
inspection(s). If Buyer notifies Seller, in writing and within specified time, that, in Buyer's sole judgment, Buyer is dissatisfied with
results of due diligence, Buyer shall do one, or a combination, of the following within the contingency period stated above.
A. Present to Seller an amendment for Mutual agreement that cites a list of repairs and/or conditions to be remedied.
B. Present to Seller an amendment for mutual agreement with a credit to be applied against the purchase price, and/or a price
reduction, in full satisfaction of inspection contingency.
C. Present to Seller a Notice of Dissatisfaction with due diligence which shall render Agreement null and void, in which case
Seller agrees to authorize Broker to return all earnest monies to Buyer.
D. In the event Seiler and Buyer are unable to reach an Agreement to Buyer's proposals made under A or B, Buyer shall either
elect to proceed with transaction by waiving this contingency in writing, or declare Agreement void by election of C within 3
calendar days of receipt of Seller's written responses to A or B above.
Does Not
nwyer
desire to have Property Inspection.
27, LIABILITY OF BUYER FOR DAMAGE: Buyer shall be solely responsible for any and all damage to Property as a result of any
and all inspection(s) of Property authorized by or conducted by Buyer. Buyer shall pay for any and all necessary repairs to
restore Property to its condition prior to inspection(s) or shall reimburse Seller for actual cost of such restoration.
28. MUNICIPAL INSPECTIONS: If a municipal inspection and/or certification of premises are required by local ordinance, state or
federal law, or Buyer's lending institution, Seller agrees to pay for inspections. Seller agrees to complete any and all repairs
required by municipality, provided repairs do not exceed $ If Seiler does not complete all repairs required
by municipality, Buyer may assume the additional costs to complete repairs, or Buyer may declare this Agreement void.
29. BUYER ACCEPTANCE OF CONDITION: AS IS CONDITION — By closing this transaction, Buyer shall be deemed to have
accepted the Property in "AS condition and it shall be deemed by closing this transaction that Buyer is satisfied with the
condition of the Property.
30. TIME FOR LEGAL ACTION: Buyer and Seller agree that any legal action against either party or against Broker(s) or their agents
related to the condition of the Property or arising out of the provisions of this Agreement or any services rendered or not rendered
must be brought within the shorter of (a) the time provided by law, or (b) one (1) year after the Closing, or be forever barred.
31. SHOWINGS: Seller agrees not to allow the Property to be shown after the inspection contingency is removed or has expired.
32. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA): If the sale price of the Property exceeds $300,000.00, the
parties to this Agreement will be bound by FIRPTA requirements and must complete the addendum for FIRPTA.
33. This is a legal and binding document, and both Buyer and Seller acknowledge that they have been advised to consult an
attorney to protect their interests in this transaction. Where the transaction involves financial and tax consequences,
the parties acknowledge that they have been advised to seek the advice of their accountant or financial adviser.
34. DISCLAIMER OF BROKER(S) AND RELEASE: Broker(s) and Broker(s)' agents specifically disclaim responsibility for
the condition of Property and/or for performance of Agreement by the parties. Parties acknowledge that they are not relying on
any representation or warranties that may have been made other than those in writing, and the parties waive and release and
relinquish any and all claims or causes of action against the Broker(s), their officers, directors, employees and/or their agents for
the condition of the Property or the performance of this Agreement by the parties. Broker(s) and its agents are not experts in the
areas of law, tax, financing, surveying, structural conditions, hazardous conditions, or engineering, and Buyer acknowledges that
Buyer has been advised to seek professional advice from experts in these areas,
35. FINAL WALK-THROUGH PRIOR TO CLOSING: Buyer reserves the right to walk through Property within 48 hours prior to
closing to determine whether terms of Agreement have been met.
36. ENTIRE AGREEMENT: This Agreement supersedes any and all understandings and agreements and constitutes the entire
agreement between the parties and no oral representations or statements shall be considered a part hereof.
37. TIME IS OF THE ESSENCE: Buyer and Seller understand that no extensions of time limits contained herein are expected or
agreed to unless specified in writing and signed by both Buyer and Seiler. Time is of the essence,
38, SUCCESSORS AND ASSIGNS: This Agreement shall bind the personal representatives, administrators, successors and
assigns of the parties.
39. FACSIMILE/ELECTRONIC AUTHORITY: As an Alternative to physical delivery, the parties agree that this Agreement, any
amendment or modification of this agreement and/or any written notice of communication in connection with the agreement may
be delivered to the Seller in care of the Listing Agent and the Buyer in care of the Seller Agent via electronic mail or by facsimile
via the contact information set forth above. Any such communication shall be deemed delivered at the time it is sent or
transmitted. Seller represents and warrants that an electronic email address has bean provided to the Listing Agent from which
MLS 217079518
Page 4 of 5
6 als Sellar(s)initials
This contract is for use by Realcomp Subscribers. Use by any other party is illegal and voids the contract, InstonelFoRms
Seller may receive electronic mail. Buyer represents and warrants that an electronic email address has been provided to Selling
Agent from which Buyer may receive electronic mail. The parties agree that the electronic signatures and initials shall be deemed
to be valid and binding upon the parties as if the original signatures or initials were present in the documents in the handwriting of
each party. All electronic means of signature or Initials by any party must be accompanied with a certificate.
40. MISCELLANEOUS:
A. Amendment: The parties agree that this Agreement may not be altered, amended, modified, or otherwise changed,
except by a duly executed Written agreement between the parties.
B. Headings: The headings contained In this Agreement are for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement.
C. Grammar and Syntax: The grammar and syntax used in this Agreement shall be construed to give proper meaning and
consistency to its content. Thus, 'or" means "andior," the singular may be construed to include the plural, the plural the
singular, and the use of any gender or tense may be construed to include all genders and tenses.
D. Governing Law: This Agreement shall be governed by and construed according to the laws of the State of Michigan, the
state in which the Property is located.
41. OTHER TERMS AND CONDITIONS:
At time of closing, Buyer and Seller shall execute a conservation a 4,a40014 easement in the form attached and
incorporated into thin Agreement, with Buyer granting a conservation & encase easement to Seller. The conservation &
access easement is attached to this Agreement as the °Conservation & Access Easement Addendum',
BUYER SIGNATURE AND ACKNOWLEDGMENT OF RECEIPT: Buyer hereby makes this offer with terms and
conditions contained herein and acknowledges receiving a copy of this Agreement.
BUYER Jos1wa i,. Sherman BUYER
Please Print
BUYER
S,goawe
BUYER
oyc VI iatu,ire
,--, /r677' WITNESS
e
SELLER SIGNATURE: Seller hereby agrees to terms and conditions contained herein. Seller acknowledges receiving a
copy of this Agreement.
SELLER SELLER
Please Print Signature
SELLER SELLER
Please Print Signalure
WITNESS DATE
BUYER ACKNOWLEDGMENT OF ACCEPTANCE: Buyer's signature below acknowledges receipt of Seller's signed
acceptance of this Agreement and constitutes a final acceptance of Seller's counteroffer (if any changes were made by the
Seller, thereby making this Agreement a counteroffer).
BUYER kloahua i. Sherman BUYER
Please Pent S,gnafure
BUYER BUYER
Fleece ',Het SigriMure
WITNESS DATE
DISCLAIM: ?NS formic provided as a service of the Greater Metropolitan Association of REALTORSO to its members. Those who use this form are expected to review both the forth and
details of this particular transaction to ensure that each provision of this form is appropriate for this transaction. The Greater Metropolitan Association of RALTOE® is not responsible for the use
or m"Fsuse of thts form, for inlireoresentation, or warranties made In conneclionvith iflo form.
MLS 217074518
Page 5 of 5
This contract is fox nee by Real-comp Subscribers. Use by any other party ig i11ee aad volde the ametract, Instanetrogms
Range/Oven
Dishwasher
Refrigerator
Hood/fan
Disposal
TV antenna, TV rote
& controls
Electrical system
Garage door opener &
remote control
Alarm system
Intercom
Central vacuum
Attic fan Vit471E JE a_
R 88
177R771 777]4::: n n nn
Water softened
conditioner
Wp11 & pump
tic t .5 drain
puI
City Water System
City Sewer System
Central air conditioning El Central heating system ri
Wall furnace
pri
cater
pg system
Lawn I
Water
Plumb
171 E1 14.=- El 0 El
El El El 0_11 EL El
Et El ET
• Humidifier
Electronic air filter
Solar beating system
Fireplace & chimney
Wood burning system
Dryer
Pool heater, wall liner
& equipment
Microwave
Trash compactor
Ceiling fan
Sauna/hot tub
Washer
giTil REALTORS
SELLER'S DISCLOSURE STATEMENT
Property Address:
.4)
City, Village, or Township
MICHIGAN
Street
Purpose of Statement: This statement is a disclosure of the condition of the property in compliance with the seller disclosure act, This
statement is a disclosure of the condition and information concerning the property, known by the seller. Unless otherwise advised, the seller
does not possess any expertise in construction, architecture, engineering, or any other specific area related to the construction or condition
of the improvements on the property or the land. Also, unless otherwise advised, the seller has not conducted any Inspection of generally
inaccessible areas such as the foundation or roof. This statement Is not a warranty of any kind by the seller or by any agent representing the
seller in this transaction, and is not a substitute for any inspections or warranties the buyer may wish to obtain.
Seller's Disclosure: The seller discloses the following information with the knowledge that even though this is not a warranty, the seller
specifically makes the following representations based on the seller's knowledge at the signing of this document. Upon receiving this statement
from the seller, the seller's agent Is required to provide a copy to the buyer or the agent of the buyer. The seller authorizes its agent(s) to
provide a copy of this statement to any prospective buyer In connection with any actual or anticipated sale of property. The following are
representations made solely by the seller and are not the representations of the seller's agent(s), if any.
THIS INFORMATION IS A DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY CONTRACT BETWEEN BUYER AND
SELLER.
Instructions to the Seller: (1) Answer ALL questions, (2) Report known conditions affecting the property. (3) Attach additional pages with
your signature If additional space Is required. (4) Complete this form yourself. (5) If some items do not apply to your property, check NOT
AVAILABLE. If you do not know the facts, check UNKNOWN. FAILURE TO PROVIDE A PURCHASER WITH A SIGNED DISCLOSURE
STATEMENT WILL ENABLE APURCHASER TO TERMINATE AN OTHERWISE BINDING PURCHASE AGREEMENT.
Appllances/Systems/ServIces: The items below are in working order (the items below are included in the sole of the property only if the
purchase agreement so provides):
Not
Yes Yes No Unknown Available
Explanations (attach additional sheets if necessary):
UNLESS OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN WORKING ORDEREXCEPT AS NOTED, WITHOUT
WARRANTY BEYOND DATE OF CLOSING.
Property conditions, improvements & additional information;
1. Basement/crawl space; Has there been evidence of water?
If yes, please explain:
2. Insulation: Describe, ifknown
ear....•n••*.
1
Yes 0 No
Urea Formaldehyde Foam Insulation (UFFI) is
3. Roof; Leaks? -
Approximate age if known
4. Well; Type of well (deptdiameIfigs, and repair history, if known):
Has the water been WV
If yes, date ,Ø4 t report/results:
5. Septic /drain fields: Condition, if known;
6. Jpeffng System: Type/approximate age:
BUYER'S INTIALS ,
I
Unknown n Yes D_No_____a
Yes ID No 110
Yes LI No n
SELLER'S INTIALS
FORM H JAN/06 PAGE1 OF 2 Tbi.9 contract In for one by Realoomp Cubooriberu, Une by any other part y is illegal and voids the contract.
SELLER'S DISCLOSURE STATEMENT
Property Address:
MICHIGAN
Street City, Village, or Township
7. Plumbing system: Type: Copper D Galvanized 1:1 Other 0
Any known problems?
8.Electrical s ystem: Any known problems?
9. History of' infestation, if an y: (termites, carpenter ants, etc.)
10. Environmental Problems: Are you aware of any substances, materials, or products that may be an environmental hazard such as, but not-Muted
to, asbestos, radon gas, formaldehyde, lead-based paint, fuel or chemical stora ge tanks and contaminated soil on the property.
Unknown El Yes No 0
If yes, please explain:
11. Flood insurance: Do you have flood Insurance on the property? Unknown (1.---'Yes n No fl
12. Mineral rights: Do you own the mineral ri ghts? Unknown.,-11 Yes fl No EL__
Other Items: Are you aware of any of the following:
1. Features of the property shared in common with the adjoinin g landowners, such as walls, fences,-rdids and drivewa ys, or other features whose use ....-- Unknown rl Yes n No 11 or responsibility for maintenance ma y have an effect on the property? „
2. Any encroachments, easements, zonin g violations, or nonconforming uses? „,;;; Unknown rl Yes El No El ..
3. Any "common areas" (facilities like pools, tennis courts, walkwa ys, or other areas co-owned with others), or a homeowners' association that has
any authority over the propert y? --- Unica+) wri____EL Yes [I No ll
-i. Structural modifications, alterations, or repairs made without necessai y permits or licensed contractors? .----- Unknown Ei Yes 1-1 No _,E1
Unknown n S. Settling, flooding, drainage, structural, or grading probldins? Yes n No___D____
6. Major damage to the property from fire, wind, thadds, or hindslides? Unknown n Yes rl No____El_
7. Any underground storage tanks? • _.-- , ;-, - Unknown n Yes 11 No n -- 8. Farm or farm operation in the vi cjoiKer proximity to a landfill, airport, shooting range, etc,?
Unknown 11 Yes ri No rl - .
9. Any outstanding uftli.ty,aS'S'essments or fees, including' any natural gas main extension surcharge?
Unknown .0 Yes ., 171, No 1-1
10. Any outstanding municipal assessments or fees? Unknown Ti Yes rl No n
I I Any„periamg litigation that could affect the propert y or the seller's might to c the property? . , .
..--- ' Unknown ri Yes J-1 No n _..,
risit:-.0onvey
rf the answer to any of these questions is yes, please explain. Attach additional sheets, if necessai y:
The seller has lived M the residence on the propertylrom
The seller has indicated above the condition of all the items base!) infoiMation known to the seller. If any changes occur in the structural/mechanical/
appli MCC systems of this property from the date of this form to the tlate of closin g, seller will immediately disclose the changes to buyer. In no event shall
the parties hold the broker liable for an y representations not directly made by the broker or broker's agent.
1 tie seller nas owner) the propert y since ;'; (sil (date) to (date).
(date).
Seller certifies that the information in this statement is true and correct to the best of seller's knowledge a's of the date of seller's signature.
BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO MORE FULLY DETERMINE THE
CONDITION OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR AIR AND WATER QUALITY INTO ACCOUNT,
AS WELL AS ANY EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS INCLUDING, BUT NOT LIMITED TO,
HOUSEHOLD MOLD, MILDEW AND BACTERIA.
BUYERS ARE ADVISED THAT CERTAIN INFORMATION COMPILED PURSUANT TO THE SEX OFFENDERS REGISTRATION ACT, 1994
PA 295, MCL 28.721 TO 28.732, IS AVAILABLE TO THE PUBLIC. BUYERS SEEKING THAT INFORMATION SHOULD CONTACT THE
APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY OR SHERIFF'S DEPARTMENT DIRECTLY.
BUYER ISADVISED THATTHE STATE EQUALIZED VALUE OF THE PROPERTY, PRINCIPAL RES IDENCE EXEMPTION1NEORMATION,AND
OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE FROM THEAPPROPRIATE LOCALASSESSOR'S OFFICE. BUYER SHOULD
NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON THE PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX BILLS.
UNDER MI HIGAN LAW, REAL PR ERTY TAX OBLIGATIONS CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
sem, - 20/7
Seller I
Buyer pis read and acknowledges receipt of this statement, el—is —J -7
Buyer
Buyer
Disclaimer: This form is provided as a service o the Western Wayne Oakland County Association of REALTORS°. Please review both the form and
details of the particulartransaction to ensure that each section is appropriate for the transaction. The Western Wa yne Oakland County Association of
REALTORS') is not responsible for we or misuseof form for misrepreSentation or for warranties made in connection with the form.
FORM H JAN/06 PAGE 2 OF 2
This contract is for use by Realcomp Subscribers. Use by any ether party is illegal and voids the contract. ligst alet' 70r1115
Stiles Roan(
Data
Data
Seller nabs
Dow
1,3
Lead-Based Paint and Lead-Based Paint Hazards Disclosure EII cr
Lead Warning Statement
Fvory purchesee of any Interest In reskienfial real property on whfch a residential clwollinv was built prtor to 197g Is notified that such property
may present exposure la tear/from lead-based paint that rriaY Islam timing tattler) at risk of dovokilang load pairing. Lus`O poisoning In yaopg obtiamn may prothice permanent neurolualoal damage, lnefurPng iceman) disablAties, reduced intelligence quotient, behavforal
litsbioms, and Impaired merriorY. Lend palsonIng alSo poses a particular risk to pregnant women, The seit of any (Merest In msklantlal mat
property Is required to pmvkla the buyer with any Information on Jearf-bar paint hazards from risk assessments or inspections In the setter's
po_ssassion and nobly the buyer of any known lead-based paint hatards. A rish assessment or Inspection for passible teed-based paint
hazards is recommended cater to purchase.
This disclosure Is in regard to a residential dwelt/rig oommonly known as q
Q
1 aim", arrnene3
Self er'S Discios tire (initial all paragraphs which apply)
Seller represents that the housing on the above described property was constructed after 12/31/1A77 a sti
thereby is exempt under 42 U.S.C. 45B2(cf) (the Mad paint disclosure regulations)
Sailer has no knowledge et leaditased point and/or leerfibssed paint hazanis In the housing.
Saner hos no tore Yds or rapsrls of load-based paint anti/or lestLbased paint hazards in the housing,
10v:rim tend-based paint and/or load-based paint hazards are present In the housing. (expialn)
Seiler has the following records or reports pertaining to mod paint anritor lead-based paint hezarda In
the housing which anger shall provide to purchaser upon elpl eters acceptable 'Rey Self Agreement', (fist
documents below)
Seller's Agent's Acknowledgement onitiao
Agent has informed the golfer of the seller's abligations under 42 l) S.C. 4$32 (d) and Is erwaro of histrhor
responsibility in ensure compliance.
Purchaser's Aelmowledgement all paragraphs which apply)
Purchaser has received copies of all !Memnon lisled above. II any
Pu rrn neer has received the pamphlet "Protect Your Family front Lead Pr Your Horne
Purchaser has (initial gni), mu below)
Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk ELE3esstrietit or
Inspection for the presence of lead based paint and/or feral based paint hazards;
Waived the opportunity to conduct a rink assessment or Inspection tor the presence of Fired-based paint
and/or Feed-tinned paint hazards,
Certification of Accuracy
The following parties have reviewed the Information above and Certify, to the bast Of their haw/lodge, that the InforrnatIOn
provided by tlie nigniatory is true and accurate.
).1
ParOlisor Dahl Seiler Dais
rut e cantrecL eta by Reale= stulanribare . Sea by any tither piety i a illegal nail eniga Llie cantgee n, fnstaide
Farms
WELL AND/OR SEPTIC ADDENDUM ERcl RA OR
This Addendum is attached to and made a part of a certain Purchase Agreement between the undersigned parties
dated 09/13/17 covering property commonly known as
9821 SASHADAW RD Clarkston MI 48348
Please be advised that it is mutually understood and agreed between Buyer and Seller that they have been directed to the
Seller's Disclosure Statement for information about the well and/or septic system. The condition, as stated in the Seller's
Disclosure Statement, makes no warranty or guarantee whatsoever that such systems will continue to function beyond the
date of closing. Such disclaimer is necessary as a result of the recognition that well and septic systems are subterraneous
and that neither the Seller nor the Broker can project or guarantee the performance of such system. Buyer understands
and acknowledges that the well and/or septic system may not meet current Michigan and/or local county codes and
standards. All risk of failure from date of closing shall be upon the Buyer.
YES, the subject property is located in Macomb, Washtenaw, or Wayne County with Regulations Governing On-
Site Sewage Disposal and On-Site Water Supply System Evaluation in effect*, if YES, complete "BOX A".
NO, the subject property is not located in Macomb, Washtenaw or Wayne County*, If NO, complete "BOX B".
'Regulations Governing On-Site Sewage Disposal and On-Site Water Supply System Evaluation and Maintenance In Macomb, Washtenew and Wayne Counties, Michigan,
became effective August 1, 2002. This means that contracts or purchase agreements executed on or after August 1, 2002 shall be subject to these regulations.
BOX A"
1. Seller shall provide, at their expense, an evaluation report, from a county registered evaluator, along with the appropriate
county health department written authorization granting the sale or transfer. If said evaluation report and written county
authorization granting the sale or transfer is completed it shall be attached hereto and become a part of this purchase
agreement. If said county authorization granting the sale or transfer does not expire prior to the date of closing then the
Buyer shall have a period of four (4) calendar days from receipt of report to reject or waive the result of any such
authorization in writing and deliver it to the Selling Broker. Any such written rejection shall terminate this agreement and
entitle Buyer to the return of their earnest money deposit. This provision shall be considered waived and Buyer shall
proceed to closing, if a written objection is not received by the Listing Broker within said time period. If said county
authorization granting the sale or transfer does expire prior to the date of closing, at Buyer's option, the Buyer shall either
declare the purchase agreement null and void or execute an amendment in conjunction with the Seller for the Seller to
obtain a new authorization granting the sale or transfer.
D The county authorization expires
0 Yes, county authorization is attached.
0 No, county authorization is not attached,
2. If said evaluation report, from a county registered evaluator, along with the appropriate county health department written
authorization granting the sale or transfer is not currently completed, Seller shall provide the same at their expense within
30 calendar days of Seller's acceptance of this offer. If said evaluation report, from a county registered evaluator, along
with the appropriate county health department written authorization granting the sale or transfer is not provided to the
Buyer within the said time period, then at Buyer's option, the Buyer shall either declare the purchase agreement null and
void or execute an amendment in conjunction with the Seller for the Seller to have additional time to obtain said report and
approval.
3. If Seller claims an exemption from said county Point of Sale Regulations which the county accepts, then Buyer may at their
option elect to obtain their own inspection at their own expense, using paragraph Box B, Paragraph 1.
0 No, the Seller does not claim exemption.
0 Yes, the Seller claims exemption.
If yes, describe exemption:
OR SEE PAGE 2 FOR BOX 13 OPTIONS
Notice: 2 page document. Buyer Initials Seller Initials
This contract is for ome by Realoomp fiabacribers. Vse by any other party La illegal and voids the contract. InsionefForws
Buyer Joshua L. Sherman Date
"BOX B" (Choose lb or 2b)
• 1. The (check one) Seller 0 Buyer Rtshall provide, at their own expense a well and/or septic report by the county
health department or private inspection company within 10 days from date of this agreement. Buyer shall
have a period of four (4) calendar days from receipt of the report to reject or waive the result of any such
authorization in writing and deliver it to the Selling Broker. Any such written rejection shall terminate this agreement
and entitle Buyer to the return of their earnest money deposit. This provision shall be considered waived and Buyer
shall proceed to closing, if a written objection is not received by the Listing Broker within said time period.
OR
O 2. The Buyer waives any inspections of the well and/or septic system and understand that they are accepting the weli
and/or septic system in an as is" condition, Buyer further holds Seiler, Listing Broker, its agents, staff, and
cooperating Broker harmless from any well and/or septic system at a future date.
ADDITIONAL CONDITIONS:
WitfleSS Rosalie Cole Buyer
Date
Seller
Witness Seller
DJSCLAIMER: This form is provided as a service of the Greater Metropolitan Association of REALTORS'' to il ls members. Those who ese this form are expected to review both
the form and the details of the particular transaction to ensure that each action of this form is appropriate for the transaction. The Greater Metropolitan Associatfon of
REALTORS' is not responsible for the use or misuse of this form for misrepresentation, or warranties made in connection with this term.
This contract is for use by Boalcomp 3vhscribers. Vae by any other party is illegal and voids the contract, InstanetrciRms
Rg.ACOP° EEI MAMI
I —"tutor Wing:Mao
ADDENDUM/AMENDMENT
LS.)
Witness
LS.)
DATE 10/05/2017
This is an Addendum/Amendment to and becomes a part of Purchase Agreement dated
09/13/2017
regarding property located at:
9821 Sashabaw Road, Independence, MI 48348
The attached Conservation & Access Easement Addendum has been revised and is attached ereto. All parties are in agreement with the revised document which will be executed at
closing.
All other terms and conditions of the Purchase Agreement shall remain the same.
Seller
L.S.)
Witness Seller
(LS.)
Purchaser
Form No, 2149
Rev: 03/91
19_,Stanet rorms
This contract is for use by Realcomp Subscribers. Use by any other party is illegal and voids the
contract.
CONSERVATION & ACCESS EASEMENT ADDENDUM
CONSERVATION & ACCESS EASEMENT
(This document is exempt from county and state real estate transfer taxes
under MCL 207.505(a) and .526(a).)
This exclusive Conservation and Access Easement (the "Easement") is created and made on
[INSERT DATE], by [INSERT NAME OF GRANTOR], whose address is [INSERT
ADDRESS], ("Grantor") to and for the benefit of the County of Oakland, acting by and
through is statutory agent, the Oakland County Parks and Recreation Commission, 1200
North Telegraph Road, Pontiac, Michigan 48341 (the "County" or "Grantee") according to
the following terms and conditions.
1. Background.
1.1. Grantor is the fee title holder of real property located in Independence Township,
Oakland County, Michigan, 9821 Sashabaw Road, a portion of which comprises the
Easement and is shown and described in Attachment A (the "Property").
1.2. The Oakland County Parks and Recreation Commission ("OCPRC") is a statutory
agent of the County of Oakland, pursuant to MCL 46.351, et.seq. with a mission of
providing quality recreation experiences that encourage healthy lifestyles, support
economic prosperity, and promote the protection of natural resources.
1.3. Grantor has agreed to grant Grantee this Easement to protect natural resources and the
environment, restrict further development of the area shown and described in
Attachment A (the "Easement Premises"), and to provide passage and access by the
public, Grantee, and Grantee's employees and contractors between property owned by
Grantee to the north and south of the Easement Premises.
2. Conveyance of Easement. Grantor exclusively conveys and warrants to Grantee the
Easement Premises, as shown and described in Attachment A, pursuant to Subpart 11 of Part
21, Conservation and Historic Preservation Easement, of the NREPA, MCL 324.2140 et seq.,
for the Purposes and Conservation Values and according to the terms and conditions stated
herein. Attachment A is incorporated into this Easement.
3. Consideration. This conveyance is a gift from Grantor to Grantee and the consideration is
less than one hundred dollars ($100.00); thus, this conveyance is exempt from County and
State real estate transfer tax pursuant to MCL 207.505(a) and 207.526(a).
4. Purposes of Easement. The purposes of this Easement are as follows (herein collectively
referred to as the "Purposes"):
4.1. To preserve and protect a relatively natural habitat of fish, wildlife, and plants;
4.2. To preserve and protect open space;
Page 1 of 5
Final Version
CONSERVATION & ACCESS EASEMENT ADDENDUM
4.3. To preserve and protect the Property for outdoor recreation and education by the public;
and
4.4. To permit OCPRC to construct and maintain trails, boardwalks, and other related
improvements to provide passage and access by the public, Grantee, and Grantee's
employees and contractors between property owned by Grantee to the north and south of
the Easement Premises for Grantee's statutory purposes and for construction and
maintenance activities. Any trails, boardwalks, or other related improvements
constructed on the Easement Premises shall be constructed, maintained, and repaired at
the sole cost of Grantee.
5. Conservation Values. The Easement Premises possesses natural, ecological, biological,
scientific, scenic and open space values of importance to Grantor, Grantee, and the public,
referred to as "Conservation Values" herein. The conservation values include the following:
5.1. Preservation and protection of natural habitat in which fish, wildlife, and plants thrive in
a natural state;
5.2. Connectivity of natural resource and habitat within Independence Oaks County Park;
5.3. Preservation and protection of the natural land and wetlands within the headwaters of the
Clinton River watershed;
5.4. Preservation and protection of 255 linear feet of the Clinton River which connects two
lakes with high-quality habitat and fish communities;
5.5. Preservation and protection of the quality and quantity of water resources;
5.6. Preservation and protection of wetland habitat that is potential habitat for protected
species;
5.7. Preservation and protection of natural areas, which contribute to the ecological viability
of Independence Oaks County Park;
5.8. Ability to coordinate natural resource management activities on the Easement Premises
with efforts in the adjacent Independence Oaks County Park; and
5.9. Ability to internally connect property owned by Grantee to the north and south of the
Easement Premises., through a natural trail, boardwalk, and other related improvements.
6. Condition of Easement Premises/Baseline Documentation. The current condition of the
Easement Premises and Conservation Values are described and depicted in the Baseline
Documentation Report attached as Attachment B and incorporated herein. The Parties
acknowledge and certify, to the best of their knowledge, that the Baseline Documentation
Report is an accurate representation of the current condition of the Easement Premises as of
the date of this Easement.
7. Grantor Prohibited Activities. Except as authorized in this Easement, Grantor shall refrain
from, and prevent any other person from, altering or developing the Easement Premises in
any way from its current condition as set forth in the Baseline Documentation Report. This
includes, but is not limited to the following: (1) the alteration of the topography; (2) the
creation of paths or trails; (3) the placement of fill material; (4) the dredging, removal,
excavation, or extraction of any soil, gas, or minerals (above surface or subsurface); (5) the
draining of surface water; (6) the construction or placement of any permanent structure; (7)
the replacement of the existing bridge with a structure that exceeds the current dimensions
and design of the bridge existing at the time this Easement is executed; (8) plowing, tilling,
or cultivating; (9) the alteration or removal of vegetation. Grantor shall not be responsible for
modifications to the Easement Premises resulting from causes beyond Grantor's control,
including, but not limited to, unauthorized actions by third parties that were not reasonably
Page 2 of 5
Final Version
CONSERVATION & ACCESS EASEMENT ADDENDUM
foreseeable or natural disasters such as unintentional fires, floods, storms, or natural earth
movement; and (10) interference with the use and enjoyment of the Easement for the
Purposes authorized herein.
8. Grantee Permitted Activities and Access. On prior reasonable notice to Grantor, Grantee,
and its employees and contractors, may enter the Easement Premises: (1) for the Purposes
(set forth in Section 4) and Conservation Values (set forth in Section 5) stated herein, (2) to
determine whether the Easement Premises are being maintained in compliance with the terms
of this Easement, and (3) for taking corrective actions if Grantor, fails to comply with this
Easement. All activities performed by Grantee pursuant to this Easement shall be its sole
cost. Except as specifically stated herein, this Easement does not grant or convey to Grantee
or members of the public any right to possession or use of the Easement Premises.
9. Title. Grantor warrants that Grantor has good and sufficient title to the Easement Premises.
Grantor shall continue to have all rights and responsibilities as owner of the Easement
Premises subject to this Easement. Through this Easement, Grantee shall have no liability or
other obligation for costs, taxes, assessments, insurance, and maintenance related to the
Easement Premises or Property.
10. Warranty. Grantor warrants that Grantor has no knowledge of hazardous substances or
hazardous wastes on the Easement Premises.
11. Termination of Easement. This Easement may be extinguished only by a court order upon a
change or changes in condition, which cause an inability to fulfill the Easement purposes.
12. Recording of Easement. The Grantee shall record this Easement with the Oakland County
Register of Deeds and pay all fees and costs associated with such recording.
13. Successors and Assigns, Interest in Real Estate. This Easement shall be binding on the
successors and assigns of the parties and shall run with the land in perpetuity, unless modified
or terminated by written agreement of the Parties. Grantor shall indicate the existence of this
Easement on all deeds, mortgages, land contracts, plats, and any other legal document used to
convey an interest in the Easement Premises and Property.
14. Enforcement. This Easement may be enforced by an action either at law or in equity. It shall
be enforceable against any person claiming an interest in the Easement Premises despite a lack
of privity of estate or contract with Grantee.
15. Demarcation of Easement Premises. Grantee, at its sole option and expense, may place
signs or other suitable markings along the boundary of the Easement Premises to clearly
demarcate the boundary of the Easement Premises.
16. Notices. All notices required or permitted under this Agreement shall be in writing and
deemed given to a Party and effective when: (1) delivered in person to a Party or to an officer
of the Party identified by that Party in writing; (2) sent by certified mail return receipt
requested, express mail with proof of delivery first class mail prepaid, or a recognized
nationwide courier service with proof of delivery to a Party at the address set forth herein or
to the last known address of a Party. Either Party may change its address by providing
written notice of the same to the other Party. Refusal of a Party to accept notice shall not
impair the giving of notice.
16.1. Notice to Grantor: [INSERT ADDRESS]
16.2. Notice to Grantee: Oakland County Parks and Recreation Commission,
Attention: Executive Officer, 2800 Watkins Lake Road, Waterford, Michigan 48328.
17. Effective date. The parties have signed this Easement and it shall be effective on the date
first above written.
Page 3 of 5
Final Version
CONSERVATION & ACCESS EASEMENT ADDENDUM
18. Controlling Law. The interpretation and performance of this Easement shall be governed by
the laws of the State of Michigan.
19. Severabilitv. If any provision of this Easement of application thereof is found to be invalid,
the remainder of the provisions and their applications shall not be affected thereby.
20. Entire Agreement. This Easement sets forth the entire agreement of the parties and
supersedes all prior, oral and written, discussions and understandings.
Page 4 of 5
Final Version
CONSERVATION & ACCESS EASEMENT ADDENDUM
GRANTOR:
This Easement was acknowledged before me in Oakland County, Michigan on this
day of , 20 by [insert name].
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
GRANTEE:
This Easement was acknowledged before me in Oakland County, Michigan on this
day of , 20 by [insert name].
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
Drafted by and when recorded return to:
Jody S. Hall, Esq.
Assistant Corporation Counsel
1200 North Telegraph, Dept. 419
Pontiac, Michigan 48341
Page 5 of 5
Final Version
EAST 1/4 CORNER
SECTION 3
T-4—N, R-9—E
INDEPENDENCE TWP.,
OAKLAND COUNTY,
MICHIGAN
L.17342, P.690
TAX 1.0. NO.:
08-03-401-004
2.390 ACRES
I DAM LILI
0327,17 Eorr MOON
PARCEL PAJIASEPI
Dab,:
Saie:
Sheet
ATTACHMENT A
NO243'10"W (SPC)
120.59' (M)
N0077'20"W (R)1
120.44' (R)
.`•"2 o Al". No
,00
C3r1' C-3 0
cJi
SOUTH 1/4 CORNER 4
SECTION 3 7/5 1-4—N, R-9—E
INDEPENDENCE TWP.,03
OAKLAND COUNTY,
MICHIGAN
L.15709, P.016 cis
tYi
CENTER POST
OF SECTION 3
T-4—N, R-9--E
INDEPENDENCE TWP.,
OAKLAND COUNTY,
MICHIGAN
L.38440, P.429
N8776'14"E (SRC)
11754' (M)
N89:37'30E (R)
12a44' (R)
0
II_J50' 100
SCALD 1' = 100' PONT OF BEGINNING
TAX W. Na:
08-03-401-005
SUPER6OVS PUT NO IT
LINEN ?ES', PACES 38 AND 39
OF PLATS, OANTANO COUNTY
RECORDS
EDT 30
9821 SASHABAW RO
TAX I.D. NO.:
08-03-401-005
2651 ACRES N:116161100116634.54 - Ent Sashabwr LEGEND
• FOUND IRON
•
SECT ON COR.
O FOUND PIPE
F,M, FOUND MONUMENT
FL FOUND IRON
S.I. SET IRON
F.I,P. FOUND IRON PIPE
M. MEASURED
R. RECORD
SPC STATE PLANE BEARING
PARCEL SKETCH
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Erdneors Sunvore Flaws
LindstapeArdtacis
S4525'13"W (SPC)
S47156'20"W (R)
225.00' (R&M)
SASHABAW ROAD (66 FT. WO.)
INDEPENDENCE TWP., OAKLAND COUNTY, MICHIGAN
OAKLAND COUNTY PARKS
Mow . whets balow. Call wore ycu dig,
07.10.17
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SedDfl: 3
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CENTER POST
OF SECTION 3
1-4-N, R-9-E
INDEPENDENCE TWP.,
OAKLAND COUNTY,
MICHIGAN
L.38440, P.429
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CONSERVATION,
ACCESS EASEMENT
LOT 30 ,SUPERVISOR'S PLAT Na 11,
LW? 115 PACES 38 AND 39
Or PL4 15 OAKLAND COUNTY
RECORDS
EAST 1/4 CORNER
SECTION 3
1-4-N, R-9-E —
INDEPENDENCE NIP.,
OAKLAND COUNTY,
MICHIGAN
L.17342, P.690
9821 SASHABAW RD
TAX I.D. NO.:
08-03-401-005
k 4PPOAlruAre
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2783
PARCEL A
PART OF TAX 1.D. NO.:
08-03-401-005
0.974 ACRES
LO7
POINT OF BEGINNING
CONSERVAT1ON/
ACCESS EASEMENT
TAX La NO.:
08-03-401-004
S4525'1,3"W (SPC)
- S4756'20 n1V (R)
, 117.48' (R&M)
SOU11-1 1/4 CORNER
SECTION 3
T-4-N, R-9--E
INDEPENDENCE MR,
OAKLAND COUNTY,
MICHIGAN
L.15709, P.016
LOT 29
54525'13"W 225.00'
POINT OF
BEGINNING
PARCEL A
SASHABAW ROAD (66 FT WD.)
CSP-E)
S46 39.401V (R)
161.41' (R&M)
POINT OP
COMMENCEMENT
PARCEL A AND
EASEMENT
50 100'
ATTACHMENT A
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INDEPENDENCE TWR, OAKLAND COUNTY, MICHIGAN PARCEL SKETCH
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ENXIANII
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034oner: H.S.R.
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Sebn: 3
T-34-N R479-E
DATE ISSUE T327.11 EDIT MO ON
PARCEL HINDER
Dale 07,10.17
Saitr.
Mee 2 OF 3
PrOci: 16314.54
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ATTACHMENT A
PARCEL 08-03-401-005 RECORD DESCRIP770N "Property") (Defined in Easement as
(PER TITLE COMMITMENT FILE NO. 63-17516348—SCM, PREPARED BY ATA NATIONAL TITLE GROUP, LLC, WITH AN
EFFECTIVE DATE OF JANUARY 20, 2017)
PART OF LOT 30, SUPERVISOR'S PLAT NO. 11, AS RECORDED IN LIBER 115, PAGES 38 AND 39 OF
PLATS PAGES, OAKLAND COUNTY RECORDS, DESCRIBED AS: BEGINNING AT THE NORTHWEST LOT CORNER;
THENCE NORTH 89 DEGREES 37 MINUTES 30 SECONDS EAST, 120.44 FEET; THENCE SOUTH 51 DEGREES 07
MINUTES 06 SECONDS EAST, 561.61 FEET; THENCE SOUTH 47 DEGREES 56 MINUTES 20 SECONDS WEST, 225.00
FEET; THENCE NORTH 45 DEGREES 35 MINUTES 20 SECONDS WEST, 545.91 FEET 10 THE WEST LOT LINE; THENCE
NORTH 00 DEGREES 17 MINUTES 20 SECONDS WEST, 120.44 FEET TO THE POINT OF BEGINNING.
PARCEL A DESCRIPTION
LAND IN THE SOUTHEAST 1/4 OF SECTION 3, TOWN 4 NORTH, RANGE 9 EAST, INDEPENDENCE TOWNSHIP,
OAKLAND COUNTY, MICHIGAN, BEING A PART OF LOT 30 OF SUPERVISOR'S PLAT NO. 11, AS RECORDED IN LIBER
115, PAGES 38 AND 39 OF PLATS PAGES, OAKLAND COUNTY RECORDS, DESCRIBED AS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 30; THENCE THE FOLLOWING TWO COURSES ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SASHABAW ROAD (33' HALF—NIDTH): (1) S44'08'33"W, 161.41 FEET,
AND (2) S4525'13"W, 117.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S45'25'12"W, 225.00 FEET
ALONG SAID RIGHT OF WAY LINE; THENCE N47'54'09"W, 225.00 FEET; THENCE N601248"E, 218.36 FEET; THENCE
553'38'13E, 171.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.974 ACRES OR 42,409 SQUARE FEET.
(Defined in Easement
CONSERVATION/ACCESS EASEMENT DESCRIPTION as"Easennent Premises")
LAND IN THE SOUTHEAST 1/4 OF SECTION 3, TOWN 4 NORTH, RANGE 9 EAST, INDEPENDENCE TOWNSHIP,
OAKLAND COUNTY, MICHIGAN, BEING A PART OF LOT 30 OF SUPERVISOR'S PLAT NO. 11, AS RECORDED IN LIBER
115, PAGES 38 AND 39 OF PLATS PACES, OAKLAND COUNTY RECORDS, OESCR16ED AS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 30; THENCE THE FOLLOWING TWO COURSES ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SASHABAW ROAD (33' HALF—WIDTH): (1) 544'08'33"W, 161.41 FEET,
AND (2) S45'25'13"W, 117.48 FEET; THENCE N5338'13W, 171.00 FEET TO THE POINT OF BEGINNING; THENCE
S60'12'48VV, 218.36 FEET; THENCE N47'54`09"W, 320.15 FEET TO THE WEST LINE OF LOT 30; THENCE
NI:12'43'10"W, 120.59 FEET ALONG SAID LINE TO THE NORTHEAST LOT CORNER, BEING ALSO 'THE CENTER OF
SECTION 3; THENCE N8716'14"E, 117.54 FEET ALONG THE NORTH LINE OF LOT 30; THENCE S53'38'13"E, 391.64
TO THE POINT OF BEGINNING AND CONTAINING 1.679 ACRES OR 73,152 SQUARE FEET.
Kr ow what's LW iCSAL Call beroso you dig.
INDEPENDENCE TWP., OAKLAND COUNTY, MICHIGAN
DATE: ISSUE
PARCEL SKETCH
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.0 .0 Soho 120 Webster p 962.4142
43.13)382.30613
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Designer. H
Croak Control: CAA.
Sedan: 3
T-04•14 R-39-E
Dat: 07.10.17
Scgr, NIA
gaol 3 OF 3
Prafest 1683454
CopyrTghtC 2017 Wets Vastrn.
reprEdoctlan shall he made
whoul tho prior written mowed
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Attachment B: Baseline Documentation Report
This Baseline Documentation Report consists of 15 pages, including the Table of Contents, 6 pages of maps, and 2
pages of photographs. It is prepared to document the current conditions of the 1.679-acre Easement Premises
located at 9821 Sashabaw Road, Independence Township, Oakland County, Michigan. This report is provided as
Attachment B to the Conservation and Access Easement held by the County of Oakland, a governmental entity.
Table of Contents
Section I. Introduction 2
Section II. Property Description 2
Section III. Environmental Assessment 3
Section IV. Report Preparation 4
Exhibit A. Location Map 5
Exhibit B. Survey 6
Exhibit C. Legal Description 7
Exhibit D. Aerial Photograph 8
Exhibit E. Topographic Map 9
Exhibit F. Hydrography 10
Exhibit G. Soils Map 11
Exhibit H. Photographs 12
Exhibit I. Plant List 14
Attachment B: Baseline Documentation Report
Section I. Introduction
Purpose of the Baseline Documentation Report
The purpose of this Baseline Documentation Report is to record the current physical condition of the Property. The
Baseline Documentation Report provides supporting information regarding the Conservation Values that will be
protected by the Easement.
This Baseline Documentation report is provided as Attachment B to the Easement. Refer to the Easement
document for details regarding:
▪ Purposes of the Easement
• Conservation Values of the Easement
• Restrictions and Reserved Rights
Sect on II. Property Description
Location
9821 Sashabaw Road, Independence Township, Oakland County, Michigan 48348, located on the north side of
Sashabaw Road between Independence Oaks main entrance and Independence Oaks North parking lot.
Property consists of 1.679 acres and is part of Tax/Parcel Identification Number: 08-03-401-005
Access
Access for the purpose of communication with landowner is from the residence located at 9821 Sashabaw Road.
Access for natural resource monitoring, management and other management activities is from the adjacent Park
property.
Potential future public access would occur through development of a trail connecting the main and north park
units.
General Description
The Property consists of mostly high-quality open and forested wetlands within the headwaters of the Clinton
River.
The Property has flat topography with a rise of 2'. There is a slight western slope. Elevation ranges from 1032' in
the middle of the Property to 1030' along the river corridor.
The Property is within the Clinton River Watershed and the Upper Clinton River Subwatershed. The Clinton River
headwaters flow westerly through the south boundary, from the southern end of Upper Bushman Lake to the
northern end of Crooked Lake, linking both sections of Independence Oaks County Park. The entire watershed of
the Clinton River is designated as an Area of Concern.
The Property is located within an outwash plain, in which glacial meltwater deposited stratified sand and gravel,
and with post-glacial alluvium including silt and clay.
The soils on the Property consist of Houghton and Adrian mucks (1127), very poorly-drained soils of organic (peat)
material found in wetlands.
Natural Habitats
The National Wetland Inventory has identified wetlands over all of the Property and documented as Forested and
Scrub Shrub. Property is also included in Flood Hazard Area. The Property is identified by the Michigan Natural
Features Inventory as a Priority 1 Potential Natural Area and is identified within Oakland County's Green
Infrastructure Vision. Presettlement data was documented as Mixed Conifer Swamp.
The natural communities currently documented on the property are:
• Hardwood conifer swamp — 90% coverage of Property
State Rank S3, Global Rank G4
Key species: White cedar, tamarack, yellow birch, red maple, ash, poison sumac
Photos 2-10
2
Attachment B: Baseline Documentation Report
Submergent and emergent marsh — 10% coverage of Property (located along stream)
State Rank 54, Global Rank GU
Key species: Southern blue flag, swamp loosestrife, tufted loosestrife, yellow pond lily, cattail
Photos 1, 8, 9-12
Hardwood Conifer swamp is lowland forest of hardwoods and conifers with water supplied mainly from headwater
streams and springs. The canopy is dominated by yellow birch (Betula alleghaniensis), red maple (Acer rubrum),
American elm (Ulmus americana), ash (Fraxinus species), basswood (Ma americana), tulip tree (Lirioclendron
tullpifera), white pine (Pinus strobus), northern white-cedar (Thuja occidentalis) and tamarack (Larix Iaricina).
Small trees, shrubs, and vines include an abundance of spicebush (Lindera benzoin), with paper birch (Betula
papyrifera), poison sumac (Toxicondendron vernix), poison ivy (Toxicondendron radicans), choke cherry (Prunus
virginiana), honeysuckle (Lonicera species), Virginia creeper (Parthenocissus guinquefolici) and riverbank grape
(Vitis riparia).
Species in the understory include fern, jack-in-the-pulpit (Arisaema triphyllum), jewelweed (Impatiens capensis)
golden ragwort (Senecio aureus), dwarf raspberry (Rubus pubescens), starflower (Trientalis borealis), skunk
cabbage (Symplocarpus foetidus), marsh marigold (Caltha palustris), moss and a variety of sedges (Carex species).
Two species of orchids, the yellow lady's-slipper (Cypripedium parviflorum or C. parv(lorum var. pubescens), and
showy lady's slipper (C. reginiae) were observed on the Property.
Marsh species within and along the stream corridor include pussy willow (Salix discolor), Southern blue flag (Iris
virginica), swamp loosestrife (Decodon verticillatus), tufted loosestrife (Lysimachia thyrsiflora), broad-leaved cattail
(Typha latifolia), yellow pond lily (Nuphar variegata) and sedge (Carex species).
Invasive Species
Scattered woody invasive species include glossy buckthorn (Rhamnus species), autumn olive (Eleognus
umbellata), multi-flora rose (Rosa multiflora) and Japanese barberry (Berber's thunbergii). Forb invasive
species include garlic mustard (Alliaria petiolata). Wetland invasive species include Phragrnites (patch
near southwest boundary in an area approximately 30' X 100'), reed canary grass (Phragmites austral's)
and purple loosestrife (Lysimachia salicaria).
Species of Interest
Two lady-slipper orchid species, yellow and showy (Cypripedium paviflorum and C. reginae) were documented
(Photo 7).
Wildlife
A small beaver dam is located on the stream east of the Property (Photo 9).
Structures and Disturbances
A wooden bridge crosses the stream and provides access from the residential lot to the Property (Photos 11, 12).
The bridge is 27'2" long X 4' wide. The 2" X 4" wood decking is on top of a 21" long 4' steel I-beam. The beams rest
on concrete abutments that are not secured to the stream bank. Bridge appears stable and spanned 19' of open
water.
A metal boundary post is at the northwest corner (Photo 3).
A fenceline consisting of metal posts and 2-strand smooth wire is along the north and east boundary (Photo 4). A
pile of dumped grass clippings were observed on the Property at the end bridge (Photo 11).
Section I. Environmental Assessment
Recognized Environmental Conditions (RECs)
ASTI Environmental, March 31, 2017: "We have performed a Phase I ESA in conformance with the scope and
limitations of ASTM Practice E1527-13 of Sashabaw Road Acquisitions, 9821 Sashabaw Road in Independence
Township, Oakland County, Michigan, referred to as the "Property". Any exceptions to, or deletions from, this
3
Attachment B: Baseline Documentation Report
practice are described in Section 2.4 of the report. This assessment has revealed no evidence of recognized
environmental conditions (RECs) in connection with the Property".
Section V. Report Preparation
This Baseline Documentation Report was prepared by OCPRC staff Susanne Greenlee, Technical Assistant; and
Sarah Cook, Natural Resources Coordinator on July 20, 2017 and incorporates the following information sources:
2007
2005
1982
Information Source
Site visit by OCPRC staff: Zach Crane and Susanne Greenlee
Site visit by OCPRC staff: Sarah Cook
Site visit by OCPRC staff: Sarah Cook and Susanne Greenlee
Site visit by OCPRC staff: Sarah Cook
ASTI Environmental. March 31, 2017. Phase I Environmental Site Assessment Sashabaw
Road Acquisitions 9821 Sashabaw Road Independence Township, Michigan
Natural Resources Existing Conditions Report compiled by Susanne Greenlee
OCPEDS. Oakland County Green Infrastructure Vision Map. Retrieved from Advantage
Oakland: http://www.advantageoakland.com/Maps/Pages/Environmental-Stewardship-
Maps.aspx
Kost, M. Report Number 2007-21. Version 1.2. Natural Communities of Michigan:
Classification and Description. Lansing, MI: Michigan Natural Features Inventory. Retrieved
October 2011, from http://web4.msue.msu.edu/mnfi/reports/2007-
21_Natural_Communites_of_Michigan_Classification_and_Description.pdf
MDEQ. (2005, December 15). Oakland County Final Wetland Inventory. Retrieved October
31, 2012, from Michigan Department of Environmental Quality;
http://www.michigan.gov/documents/Oakland_prelim_wi_54425_7.pdf
Paskus, J., & Enander, H. Michigan Natural Features Inventory. 2004 Oakland County:
Potential Conservation / Natural Areas Report. Pontiac, MI: OCPEDS.
Comer, P., & Albert, D. Michigan Nature Features Inventory. Vegetation circa 1800 Maps
Retrieved from: http://mnfi.anr.msu.edu/data/veg1800.cfm
Albert, D. Regional Landscape Ecosystems of Michigan, Minnesota, and Wisconsin: A
working map and classification. Retrieved October 2011, from
http://www.npwrc.usgs.gov/resource/habitat/rlandscp/index.htm
USDA. Soil Survey of Oakland County.
Date
7/21/2017
6/24/2017
6/14/2017
4/27/2017
3/31/2017
3/10/2015
2009
2004
1997
1995
4
Attachment B: Baseiine Documentation Report
Exhibit A. Location Map
OAKLAND
COUrrit PIA
Oakland County Parks and Recreation
2800 Watkins Lake Road
Waterford, MI
248,858-0905
•ww..1.6aklandt.ountyParks.corn
lndejienclertcs Oaks Park
it? 9371 Sashabow Rd, Property Losatlon
County Parks
Local Parks
State Parks
— Roads
r— "I
M,D0
9821 Sashabaw Rd.
Clarkston, MI 41:1348
Location Map
5
CENTER POST
OF SECTION 3
T-4—N, R-9--E
INDEPENDENCE Thp.,
OAKLAND COUNTY,
1,11CHIGM
L,38440, p.429
N8776 '14"E
117.54' 50' IOW
SCALE. 1' = 100,
\is;
Attachment B: Baseline Documentation Report
Exhibit B. Survey
Isa
-N
P
cp
4
CONSERVATION ACCESS EASEMENT
Li)
LOT 50
6'.9.
41'e\,(49 04,
5 ,PERils,.1:R3' NAT M112 11,
115E9 !: PACES .18 ..1,90 -39
P., FN TS; t1A4,41,19 990877
Rc:613,RDS
EAST 1/4 CORNER
SECTION
T-4—N, R-9—E —
INDEPENDENCE
OAKLAND COATYk
MI CF-SCAN
L17342, P.590
I
SouTh /4 CORNER
SECTION 3
INDEPENDENcE T1W.,
OAKLAND COLNTY,
MICHIGAN
L.15709, P.016 z
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Ut
9821 $AS114DAW FED
TAX ID. Na; 08-03-401-005
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POINT OF
BEGINNING
PARCEL A
10 30
POINT OF BEGINNING
CONSERVATION/
ACCESS EASEMENT
S4525131W (SPC)
\
S47'58'20W (R)
117.48' (R&M)
TAX LD.
08-03-401-004
(SPC)
S46139`40 1W (R)
161.41' (R&M)
POINT OF' I
COMMENCEMENT]
PARCEL A AND
EASEMENT
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Attachment B: Baseline Documentation Report
Exhibit C. Legal Description
PARCEL 08-03-401-005 RECORD DESCRIPPON
(PER TITLE COMMITMENT FILE NO. 63-17516343-5CM, PREPARED BY ATA NATIONAL TITLE GROUP, LLC, WITH AN
EFFECTIVE DATE OF JANUARY 20, 2017)
PART OF LOT 30, SUPERVISOR'S PLAT NC. 11, AS RECORDED IN TIBER 110, PAGES 38 AND 39 OF
PLATS PAGES, OAKLAND COUNTY RECORDS, DESCRIBED AS: BEGINNING AT THE NORTHWEST LOT CORNER;
THENCE NORTH 89 DEGREES 37 MINUTES 30 SECONDS EAST, 120.44 FEET; 11-IENCE SOUTH 51 DEGREES 07
MINUTES 06 SECONDS EAST, 561.61 FEET ; THENCE SMITH 47 DEGREES 56 MINUTES 20 SECONDS WEST, 225.00
FEET; THENCE NORTH 45 DEGREES 35 MINUTES 20 SECONDS WEST, 545.91 FEET TO THE WEST LOT LINE ; THENCE
NORTH 00 DEGREES 17 MINUTES 20 SECONDS WEST, 120.44 FEET TO THE POINT or BEGINNING.
PARCEL A DESCRIPTION
LAND IN THE SOUTHEAST 1/4 OF SECTION 3, TOWN 4 NORTH, RANGE g FAST, INDEPENDENCE TOWNSHIP,
OAKLAND COUNTY, MICHIGAN, BEING A PART OF LOT 30 OF SUPERVISOR'S PLAT NO. 11, AS RECORDED IN USER
115, PAGES 33 AND 39 OF PLATS PACES, OAKLAND COUNTY RECORDS, DESCRIBED AS:
COMMENCING AT THE MOST EASTERLY CORNIER OF LOT 30; THENCE THE FOLLOWING TWO COURSES ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SASHABAW ROAD (313' HALF-WIDTH); (1) 5440E133W, 161.41 FEET,
AND (2) S452513W, 117,45 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING 0452512W, 225.00 FEET
ALONG 5510 RIGHT OF WAY NNE; THENCE N47-54'09W, 225.00 FEET ; THENCE N160-12'43-.E, 218.36 FEET; THENCE
S53-33'13"E, 171.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.974 ACRES OR 42,409 SQUARE FEET.
CONSERVAPoN/ACCESS EASEMENT DESCRIPTION
LAND IN THE SOUTHEAST 1/4 OF SECTION 3, TOWN 4 NORTH, RANGE El EAST, INDEPENDENCE TOWNSHIP,
OAKLAND COUNTY, MICHIGAN, BEING A PART OF LOT 30 OF SUPERVISOR'S PLAT NO. 11, AS RECORDED IN LIBOR
215, PAGES 36 AND 39 OF PLATS PAGES, OAKLAND COUNTY RECORDS, DESCRIBED AS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 30; THENCE THE FOLLOWING TWO COURSES ALONG THE
NORTHWESTERLY RIGHT OF WAY LINE OF SASHABAW ROAD (33' HALF-WIDTH); (1) 344'08'33"W, 161.41 FEET,
AND (2) 34525'13W, 117.43 FEET; THENCE N53'38'13"W, 171.00 FEET TO 1136 POINT OF BEGINNING ; THENCE
560'12'48'R 218.36 FEET; THENCE N47'5,1'09"W, 320.15 FEET TO THE WEST LINE OF LOT 30; THENCE
NO2'43.10"W, 120.59 FEET ALONG SAID LINE TO THE NORTHEAST LOT CORNER, BEING ALSO THE CENTER OF
SECTION 3; THENCE N5716 .14"E, 117.54 FEET ALONG THE NORTH LINE OF LOT 30 ; THENCE S53'38'13"E, 391.64
TO THE POINT OF BEGINNING AND CONTAINING 1.679 ACRES OR 73,152. SQUARE FEET.
3
2 PARCEL SKETCH
INDEPENDENCE MP., OAKLAND COUNTY, MICHIGAN
Kno.vhafebOlOW,
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7
QAKLAND
COMM PtiFIES
Oakland County Pa rks.. and Recreation
2800 Watkins Lake Road
Waterford, MI
24885 8.-0906
woje,v,OaklandCoUriettRadts,corn
9871 Sashabaw Rd.
Clarkston, MI 48348
2015 Aerial
Independee se Oaks Park Ourridary
9821 Sasliabew Rd, Pardel No.
O8-93-401.906- 2.7 Acres
East Boundary Of Consetatalton Easement - 1.68 Acres
ori:O.h7t
Attachment B: Baseline Documentation Report
Exhibft D. Aerial Photograph
crpt KLAND
.0 PAHKS
Oakland County Parks and Recreation
•2800 Watkins Lake Rood
•Waterford, MI
248-858.11906
OakiandCourityPas. corn
Independence Oaks Park BoundarY
021 Sashabaw lrt Pare& No,
0a-o3-4o1-005- 2,7 Acres
East Boundary Of Conservation
.Ensemen1- 1.68 Acres
in TWO Fool Conleer
Lake/Pond
1,000
9821 Sashabaw Rd.
Clarkston, MI 48348
Two Foot Contours
11:1
0
Attachment 13: Baseline Documentation Report
Exhibit E. Topographic Map
9
0 021 SeShabaw Rd, Parcel No
08-03-401-005 - 27 Acres
East Boundary OConrvatioi
Easement - 1.58 Acre-s
svampowsh
—4 Water 5ourse will) Flow Direction
r Lake/Pond
F.Z.0
9821 Sashabaw Rd.
Clarkston, MI 48348
Hydrography
CJAKLAND
COU :S
Oakland County Parks and Recreation
2800 Watkins Lake Road
Waterford, Ml
248-858-0906
www.OaklandCountyParkL,corrt
Attachment B: Baseline Documentation Report
Exhi,bft F. Hydrography
10
W
t„.5c.0 R-at
9821 Sa5habaw Rd,
Clarkston, MI 48348
Soils
Attachment B: Baseline Documentation Report
Exhibit G. Soils Map
QAKLAND
COUL ITY PARKS
Oakland County Parks and Recreation.
2800 Watkins .Lake Road
Waterford, MI
248785.879908
vAvsaealdnitdCourtryParks.c,orn
o Indopenclooe Oaks
Q 0021 $0.$4.InNy. Dii...eorof No,
08,03-401-00 2.7 Aare
East Boundary Of Conservatiort
Easement 1,88 Acres
10C Li9 [1440
136 27 La 46A
iao 111 89 8012
[7 4 L,,, 518
,Lj 17A rig 418 51C
-r-
11
Attachment B: Baseline Documentation Report
2. Hardwood Conifer Swamp, west boundary
3. Hardwood Conifer Swamp, north (west) boundary 4. Hardwood Conifer Swamp, north (east) boundary
5. Hardwood Conifer Swamp/Emergent Marsh, east
6. Hardwood Conifer Swamp
boundary
12
Attachment B: Baseline Documentation Report
7. Showy Lady Slipper (Cypripedium reginae) 8. Emergent Marsh adjacent to Clinton River
9. Beaver dam on Clinton River (located east of
Property)
10. Common reed (Phragmites australis) near west
boundary
11. Wooden bridge and grass dump, south boundary 12. Underside of bridge, residential property to south
13
Attachment B: Baseline Documentation Report
Exhibit L Plant List
Species list compiled from field observations by Sarah Cook and Susanne Greenlee on June 14, 2017. The C value
(Coefficient of Conservatism) is a number ranging from 0-10 representing the degree to which is a plant is likely to
occur in intact native systems (high quality natural areas). Lower numbers represent weedy and widespread
species, while higher numbers represent species that are restricted to presettlement remnant natural
communities. The scientific name in upper case is a non-native species.
2
8
4
6
3
2
5
5
3
7
JACK IN THE PULPIT
YELLOW BIRCH
PAPER BIRCH
MARSH MARIGOLD
PINK SPRING CRESS
SEDGE
SEDGE
SWAMP THISTLE
LARGE YELLOW D\DY'S SLIPPER
SHOWY LADY SLIPPER
SWAMP LOOSEST
FERN
BLACK ASH
TOUCH ME NOT
SOUTHERN BLUE FLAG
TAMARACK
SPICEBUSH
TULIP TREE
HONEYSUCKLE
TUFTED LOOSESTRIFE
PURPLE LOOSESTRIFE
WILD MINT
YELLOW POND LILY
SCIENTIFIC NAME WETNESS COMMON NAME
1 Acer rubrum FAC RED MAPLE
Onoclea sensibilis FACW SENSITIVE FERN
VIRGINIA CREEPER
REED
WHITE PINE
BLUEGRASS
5 Arisaema triphylIum FACW-
7 Betula aIleghaniensis FAC
2 Betula papyrifera FACU+
6 Caltha palustris OBL
6 Cardamine douglassii? FACW
5 Carex comosa OBL
4 Carex stricta OBL
6 Cirsium muticum OBL
5 Cypripedium parviflorum FAC+
9 Cypripedium reginae FACW+
7 Decodon verticillatus OBL
Dryopteris species FAC
6 Fraxinus nigra? FACW+
Impatiens capensis or pallida FACW
5 Iris virginica OBL
5 LarIx laricina FACW
7 Lindera benzoin FACW-
9 Liriodendron tulipifera FACU+
Lonicera species FACU
Lysimachia thyrsiflora OBL
LYTHRUM SALICARIA OBL
Mentha arvensis FACW
Nuphar variegata OBL
SOLOMON SEAL
CHOKE CHERRY
ALDER LEAVED BUCKTHORN
DWARF RASPBERRY
DOCK
Parthenocissus quinquefolia FAC-
Phragmites australis FACW+
Pinus strobus FACU
Poa species FACU
PoIygonaturn biflorum or
pubescens FACU
Prunus virginiana FAC-
Frangula (Rhamnus) alnifolia? OBL
Rubus pubescens FACW+
Rumex species FACW-
Osmunda cinnamomea FACW CINNAMON FERN
14
Attachment B: Baseline Documentation Report
C SCIENTIFIC NAME
1 Salix discolor
5 Senecio aureus
0 SOLANUM DULCAMARA
6 Sympiocarpus foetidus
2 Thelypteris palustris
4 Thuja occidental's
5 Tilia americana
2 Toxicodendron radicans
6 Toxicodendron vernix
5 Trientalis borealis
1 Typha latifolia
1 Ulmus americana
6 Vaccinium corymbosum
3 Vitis riparia
WETNESS
FACW
FACW
FAC
OBL
FACW+
FACW
FACU
FAC+
OBL
FAC+
OBL
FACW-
FACW
FACW-
COMMON NAME
PUSSY WILLOW
GOLDEN RAGWORT
BITTERSWEET NIGHTSHADE
SKUNK CABBAGE
MARSH FERN
NORTHERN WHITE CEDAR
BASSWOOD
POISON IVY
POISON SUMAC
STARFLOWER
BROAD LEAVED CATTAIL
AMERICAN ELM
SMOOTH HIGHBUSH BLUEBERRY
RIVERBANK GRAPE
15
K- 1
Disclosure Regarding Real Estate
Agency Relationships
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of
agency relationship you have with that licensee. A real estate transaction is a transaction involving the sale or lease of any legal or equitable interest
in real estate consisting of not less than 1 or not more than 4 residential dwelling units or consisting of a building site for a residential unit on either a
lot as defined in section 102 of the land division act, 1967 PA 288, MCL 560.102, or a condominium unit as defined in section 4 of the condominium
act, 1978 PA 59, MCL 559A04.
(1) An agent providing services under any service provision agreement owes, at a minimum, the following duties to the client:
The exercise of reasonable care and skill in representing the client and carrying out the responsibilities of the agency relationship.
The performance of the terms of the service provision agreement.
Loyalty to the interest of the client.
Compliance with the laws, rules, and regulations of this state and any applicable federal statutes or regulations.
(e) Referral of the client to other licensed professionals for expert advice related to material matters that are not within the expertise
of the licensed agent. A real estate licensee does not act as an attorney, tax advisor, surveyor appraiser, environmental
expert, or structural or mechanical engineer and you should contact professionals on these matters.
(t) An accounting in a timely manner of all money and property received by the agent in which the client has or may have an
interest
(g) Confidentiality of all information obtained within the course of the agency relationship, unless disclosed with the client's
permission or as provided by law, including the duty not to disclose confidential infonnation to any licensee who is not an agent
of the client.
(2) A real estate broker or real estate salesperson acting pursuant to a service provision agreement shall provide the following services to
his or her client:
(a) When the real estate broker or real estate salesperson is representing a seller or lessor, the marketing of the client's property in
the manner agreed upon in the service provision agreement.
(h) Acceptance of delivery and presentation of offers and counteroffers to buy, sell, or lease the client's property or the property the
client seeks to purchase or lease.
(c) Assistance in developing, communicating, negotiating, and presenting offers, counteroffers, and related documents or notices
until a purchase or lease agreement is executed by all parties and all contingencies are satisfied or waived.
(d) After execution of a purchase agreement by all parties, assistance as necessary to complete the transaction under the terms
specified in the purchase agreement.
(e) For a broker or associate broker who is involved at the closing of a real estate or business opportunity transaction, furnishing, or
causing to be furnished, to the buyer and seller, a complete and detailed closing statement signed by the broker or associate
broker showing each party all receipts and disbursements affecting that party.
Michigan law requires real estate licensees who are acting as agents of sellers or buyers of real property to advise the potential sellers or
buyers with whom they work of the nature of their agency relationship.
SELLER'S AGENTS
A seller's agent, under a listing agreement with the seller, acts solely on behalf of the seller. A seller can authorize a seller's agent to work
with subagents, buyer's agents and/or transaction coordinators. A subagent of the seller is one who has agreed to work with the listing agent, and
who, like the listing agent, acts solely on behalf of the seller. Seller's agents and their subagents will disclose to the seller known information about
the buyer which may be used to the benefit of the seller.
This contract is for use by Reslcomp Subscribers. Use by any other party is illegal and voids the contract. Iostaa turns
K-2
Individual services may be waived by the seller through execution Of a limited Service agreement. Only those services set forth in
paragraph (2)(b), (e), and (0) above may be waived by the execution of a limited service agreement.
BUYER'S AGENTS
A buyer's agent, under a buyer's agency agreement with the buyer, acts solely on behalf of the buyer. A subagent of the buyer is one who
has agreed to work with the buyer's agent with who, like the buyer's agent, acts solely on behalf of the buyer. Buyer's agents and their subagents will
disclose to the buyer known information about the seller which may be used to benefit the buyer,
Individual services may be waived by the buyer through execution of a limited service agreement. Only those services set forth in
paragraph (2)(b), (c), and (d) above may be waived by the execution of a limited service agreement.
DUAL AGENTS
A real estate licensee can be the agent of both the seller and the buyer in a transaction, but only with the knowledge and informed consent,
in writing, of both the seller and the buyer,
In such a dual agency situation, the licensee will not be able to disclose all known information to either the seller or the buyer. As a dual
agent, the licensee will not be able to provide the full range of fiduciary duties to the seller or the buyer.
The obligations of a dual agent are subject to any specific provisions set forth in any agreement between the dual agent, the seller and the
buyer.
TRANSACTION COORDINATOR
A transaction coordinator is a licensee who is not actin as an a cot of either the seller or the buyer, yet is providing services to complete a
real estate transaction. The transaction coordinator is not an agent for either party and therefore owes no fiduciary duty to either party.
DESIGNATED AGENCY
A buyer or seller with a designated agency agreement is represented only by agents specifically named in the agreement. Any agents of the
firm not named in the agreement do not represent the buyer or seller, The named "designated" agent acts solely on behalf of his other client and may
only share confidential information about the client with the agent's supervisory broker who is also named in the agreement. Other agents in the firm
have no duties to the buyer or seller and may act solely on behalf of another party in the transaction.
LICENSEE DISCLOSURE (Check one)
I hereby disclose that the agency status of the licensee named below is:
Seller's agent
Seller's agent — limited service agreement
X Buyer's agent
Buyer's agent — limited service agreement
Dual agent
Transaction coordinator iA licensee who is not acting as an agent of either the seller or the buyer.)
None of the above
AFFILIATED LICENSEE DISCLOSURE (Check one
Cheek here if acting as a designated agent. Only the licensee's broker nod a named supervisor broker have the same
agency relationship as the licensee named below. If the other party in a transaction is represented by an affiliated licensee,
then the licensee's broker and all named supervisory brokers shall be considered disclosed consensual dual agents.
Check here if not acting as a designated agent. All affiliated licensees have the same agency relationship as the licensee
named below.
This contract is for use by Realeomp Subscribers. Use by any other party is illegal And voids the contract. Valet
form was provided.to the buyer or seller before disclosure of any confidential informatio .
(Oh / 7
Licensee Date
Licensee
Further, t
osalie Cole Dale
ACKNOWLEDGMENT
By signing below, the parties acknowledge that they have received and read thc information in this agency disclosure statement and
acknowledge that this form was provided to them before the disclosure of any confidential information. THIS IS NOT A CONTRACT.
The undersigned DOES X DOES NOT have an agency relationship with any other real estate licensee, If an agency
relationship exists, the undersigned is represented as SELLER BUYER.
Potential/ill Buyer U Seller (cheek one) Joshua Sherman Date
Potential ID Buyer Ci Seller (cheek one)
Date
VISCialfiler tills MTh is provicien as a service or me micmgan Association or StbALS UN.,SCR), nease
review both the form and details of the particular transaction to ensure that each section is appropriate for
the transaction. The Michigan Association of REALTORSO is not responsible for use or misuse of the
form, for misrepresentation, or for warranties made in connection with the form.
form K t51995 Michigan Association of REALTORS®, mvisecl 0612011. Ph. 800.45 ,7847 hat 517.334.5568
This contract o Inc 1.06 by Realccup Subscribers. Uos by any other party is illegal_ and voids the, contract. hipstm Forms
K-3
Date: (Th1/1 cj Salesperson or Office Signature:
Original Deposit El
Additional Deposit o
Transfer Deposit 0
Wok RECEIPT AND AGREEMENT
RE/MAX Vision
Earnest Money Deposit
AMOUNT $ 000 Bank Drawn Ore CA:
In the form of: o Cash o Personal Check o Cashiers/Certified Check o Money Order
Payer's Name(s): va 0 S ctL1,-1.
Purchaser's Name(s): 1f,-_-)\(-\e,kiete_
Please Print
Seller's Name(s):
Please Print
Property Address: 9 sat r v)ote. L1,2
Street Address City
Date Earnest Money Deposit is Received by Salesperson: 9/ 13 17
Salesperson's Name: 2,ttes5ck k—Os CtO 14,L Office: RE/MAX Vision
Date Branch Office Received EMD: / /
Date Agreement is Accepted by ALL Parties: / /
Date Branch is Notified that Agreement is Accepted by ALL Parties: / /
Date EMD is Deposited: / /
Branch Office Signature: Date:
NOTICE TO BUYER(S)
You have rendered an Earnest Money Deposit in connection with an offer made on the property referenced above.
State law requires that the Salesperson deliver your Earnest Money Deposit to his/her Broker immediately. It will be
deposited in the Broker's non-interest bearing trust account.
If your Earnest Money Deposit was rendered in the form of a personal check, you should have funds readily available
in your bank account to allow it to clear properly. in the event your check is returned for non-sufficient funds, a fee of
$50.00 will be charged for each occurrence. By your signature on this document, you acknowledge & agree that any
such charge may be deducted from a refund of your Earnest Money Deposit, or may be included as a charge to you
in your closing documents (unless paid separately) at sole discretion of RE/MAX Vision.
SEE REVERSE SIDE...
REFUND POLICY
Offer Not Accepted: Your Earnest Money Deposit will be returned to
y
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in the following paragraph with respect to Personal Checks.
Accepted Offer: If the sale does not close, your Earnest Money Deposit will be hand
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provides that any deposit for which both the Buyer and Seller hav
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claim shall remain in the RE/MAX Vision Trust Account until: (1) the Buyer and Seller hav
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supercedes any Inconsistent provision in a Purchase Agreement,
It is our sincere hope that your offer is accepted. But if it is not, ple
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plans.
Acknowledged and Accepted:
Purchaser:
Date:
Co-Purchaser:
Date:
TRANSFER OF EARNEST MONEY DEPOSIT TO NEW PURC
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A
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(Use photocopy for New File - have original form in Original
F
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Provided a refund is otherwise available in accordance with the relate
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Purchase Agreement, Buyer hereby directs RE/MAX Vision to trans
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from the above property to the property noted below in connection wit
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Date Office Receives Transfer Request:
Seller's Name(s): Date of Transfer Request: Please Print
Property Address:
Street Name
City
Zip Buyer's Acknowledgement:
Purchaser's Signature
Co-Purchaser's Signature
Date on which the Purchase Agreement is accepted by ALL Parties;
THIS FORM MUST BE ATTACHED TO THE NEW PENDING
F
I
L
E
FISCAL NOTE (MISC. #17286) October 11, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS OAKLAND COUNTY PARKS AND RECREATION COMMISSION —
SALE OF A 2.7-ACRE PARCEL LOCATED AT 9821 SASHABAW ROAD IN INDEPENDENCE TOWNSHIP,
MICHIGAN AND CREATION OF A CONSERVATION EASEMENT
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 Oakland County Board of Commissioners, via MR# 17039, authorized the acquisition of a 2.7 —
acre property at 9821 Sashabaw Road in Independence Township, Michigan (Property), adjacent to
Independence Oaks County Park for $290,000.
2. After the Property purchase in May 2017, a conservation/access easement was developed to
encompass the northwest 1.67 acres of the Property to permit the County to preserve and protect a
relatively natural habitat of fish, wildlife, and plants, to preserve and protect open space, to preserve
and protect the area for outdoor recreation and education, and to permit the County to construct and
maintain trails, boardwalks, and other related improvements to provide passage and access by the
public.
3. Because the County has no need for the residential dwelling located on the Property, the Property
was marketed using a broker and the attached Purchase Agreement for the Property has been
received in the amount of $270,000 from Joshua Sherman.
4. The Purchase Agreement requires that Joshua Sherman convey the conservation/access easement
to the County at the closing for the sale of the Property.
5. Proceeds from the Property closing process will be recorded in the Oakland County Parks and
Recreation Fund resulting in an estimated conservation easement cost of $61,338, which includes
estimated closing costs of $21,170.
6. A FY 2018 budget amendment is not required.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Zack absent.
Resolution #17286 October 11, 2017
Moved by KowaII supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Berman, Bowman. (18)
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).
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 October 11,
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 11 1h day of October, 2017.
Lisa Brown, Oakland County