HomeMy WebLinkAboutResolutions - 2018.05.17 - 23613MISCELLANEOUS RESOLUTION #18216 May 17,2018
BY: Commissioner Phillip Weipert, Chairperson, Planning and Building Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — OAKLAND COUNTY INTERNATIONAL
AIRPORT — RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND GAS SERVICE TO
CONSUMERS ENERGY COMPANY TO TAX PARCEL 13-17-400-003 (COMMONLY KNOWN AS:
OAKLAND COUNTY INTERNATIONAL AIRPORT, 6300 AND 6310 N SERVICE DRIVE, WATERFORD,
MICHIGAN)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in
Waterford Township; and
WHEREAS lessee Jet One Suites, LLC, has constructed a new hangar on leased land at the northeast
corner of the OCIA property, and needs gas service for the hangar; and
WHEREAS as a condition of providing underground gas service to the hangar, Consumers Energy
Company requires the County of Oakland grant a permanent easement for underground gas service and
related appurtenances, such easement is attached hereto; and
WHEREAS the airport staff and Consumers Energy Company have agreed upon an underground route for
the underground gas service, which is described in the easement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached easement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached easement between the County of Oakland and Consumers Energy Company.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached easement, and all other related documents, which may
be required between the County of Oakland and Consumers Energy Company.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
\I
Commissioner Philip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
ADR REVIEW SIGN OFF — Facilities Management
RESOLUTION TITLE: Department of Facilities Management — Oakland County International Airport —
Recommendation to Grant Easement for Underground Gas Service to Consumers
Energy Company to Tax Parcel 13-17-400-003 (Commonly Known As: Oakland
County international Airport, 6300 and 6310 N Service Drive, Waterford, Michigan)
DEPARTMENT CONTACT PERSON: Paul Zachos 858-5380
DATE: April 23, 2018
DEPARTMENT REVIEW
Corporation Counsel:
Approved —Jody Hall (4/20/2018)
Department of Human Resources:
Approved (No Committee) - Heather Mason (4/20/2018)
Department of Management and Budget:
Approved — Lynn Sonkiss (4/23/2018)
EASEMENT FOR PIPELINES
SAP# 1040702493
Design# 10858122
Agreement# M100000033656
County of Oakland, a Michigan Constitutional Corporation, 1200 N Telegraph Road, Pontiac, Michigan 48053 (hereinafter
"Owner")
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter
"Consumers")
a permanent easement to enter Owner's land (hereinafter "Owner's Land") located in the Township of Wateford, County of
Oakland, and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain
(including cathodic protection systems), inspect (including aerial patrol), survey, replace, reconstruct, improve, remove,
relocate, change the size of, enlarge, protect, and abandon in place a pipeline or pipelines in, on, under, over, across, and
through a portion of Owner's Land (hereinafter "Easement Area") as more fully described in the attached Exhibit B, together
with any associated valves, fittings, location markers and signs, communication systems, utility lines, protective apparatus
and all other equipment, appurtenances, and facilities, whether above or below grade, useful or incidental to or for the
operation or protection thereof, and to conduct such other activities as may be convenient in connection therewith as
determined by Consumers for the purpose of transmitting and distributing natural gas.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct
said pipelines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
Access: Consumers shall have the right to unimpaired access to said pipeline or pipelines, and the right of ingress and egress
on, over, and through Owner's Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers
of the rights granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area, Consumers shall have the right from
time to time hereafter to enter Owner's Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and
other vegetation within the Easement Area.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any
obstruction, building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works,
installation or any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or
man-made, without the express authorization of Consumers, which may be withheld in Consumers' sole discretion, recorded in
the register of deeds for the county in which Owner's Land is situated expressly allowing the aforementioned.
Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without the express
authorization of Consumers, which may be withheld in Consumers' sole discretion, recorded in the register of deeds for the
county in which Owner's Land is situated expressly allowing the aforementioned.
Form REFORMJEAS3GA/MJL/201 5 Page 1 of 1
Restoration: If Consumers' employees, contractors, agents or its vehicles or equipment damages or disturbs Owner's Land, then
Consumers will restore Owner's Land as near to its original condition as possible, except for those items which Consumers is
permitted to trim, cut down, or remove pursuant to this Easement.
Indemnity: Consumers shall indemnify, defend, and hold Owner harmless from and against any liability for personal injuries
or property damage to the extent proximately caused by Consumers' negligent acts or omissions in performing work within
the Easement Area pursuant to this Easement.
Termination of Easement: If Consumers permanently removes its electric line and related equipment from Owner's Land or
ceases to use the easement for a continuous period of 1 year, Owner may terminate this Easement by giving Consumers 30
days written notice of termination. Upon receipt of written notice, Consumers will provide a notice of termination to be
recorded in the register of deeds for the county in which Owner's Land is situated expressly allowing the aforementioned.
Exercise of Easement: Consumers' nonuse or limited use of this Easement shall not preclude Consumers' later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they
have the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all
claims whatsoever.
Successors: This easement shall bind and benefit Owner's and Consumers' respective heirs, successors, lessees, licensees,
and assigns.
Counterparts: This easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute
any single counterpart if each party executes at least one counterpart.
Date: Owner: COUNTY OF OAKLAND, a Michigan Constitutional
Corporation
By:
Its:
Acknowledgment
The foregoing instrument was acknowledged before me in County, Michigan,
on by
Date
for the County of Oakland, a Michigan Constitutional Corporation, on behalf of the corporation
Notary Public
County, Michigan
Acting in County
My Commission expires:
Prepared By: Michelle L. Reed
Consumers Energy Company
4100 W. M-76
West Branch, Michigan 4E1661
After recording, return to:
Carrie Main, EP7-471
Consumers Energy Company
One Energy Plaza
Jackson, MI 49201
Form REFORM/EAS3GA/MJU2015 Page 2 of 2
EXHIBIT A
Owner's Land
Part of Parcel ID# 1317400003
The South1/2 of the Northeast 1/4 of Section 17, Town 3 North, Range 9 East, Waterford Township, Oakland County,
Michigan.
Commonly known as: Oakland County International Airport, 6300 and 6310 N Service Dr, Waterford, Michigan
Form REFORM/EAS3GA/MJU2015 Page 3 of 3
ST
ST
duRE PIT
IV AIDE CONSANER5-
ESEINT EASEHEIif
ST
JILDINICL 645' TEE TO CAP ST
I e ME UO1510E1'15'
ENERGY E SEMENT
1
EXHIBIT B
Easement Area
A 12.00 foot-wide strip of land, being 6.00 feet on each side of the centerline of the pipeline constructed on Owner's
Land, the centerline to be located approximately as shown in the attached drawing.
SHEET 3
INSTALL 1 1,eR-up Ryp,as5
Form REFORM/FAS3GA/MJU2015 Page 4 of 4
1 12 ' I4 IDE CONSUMERS --'--------
ENERGY EASEMENT
_ E E
E EH— ST
PROPOSED BU I LD I NG
EXHIBIT B (continued)
Easement Area
AA SHEET 2
Form REFORM/FAS3GAML/2015 Page 5 of 5
FISCAL NOTE (MISC. #18216) May 17, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — OAKLAND COUNTY INTERNATIONAL
AIRPORT — RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND GAS SERVICE TO
CONSUMERS ENERGY COMPANY TO TAX PARCEL 13-17-400-003 (COMMONLY KNOWN AS:
OAKLAND COUNTY INTERNATIONAL AIRPORT, 6300 AND 6310 N SERVICE DRIVE, WATERFORD,
MICHIGAN)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. Resolution authorizes and approves the granting of an easement between Oakland County and
Consumers Energy for underground gas service at Oakland County International Airport (OCIA) in
the amount of one ($1.00) dollar.
2. Jet One Suites, LLC, a lessee of OCIA, constructed a new hangar at the northeast corner of airport
property and gas service is needed for the building.
3. Facilities Management and Corporation Counsel have reviewed all necessary documents related
to the granting of the easement.
4. A 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 Woodward and Quarles absent.
124
Resolution #18216 May 17, 2018
Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Kochenderfer, Kowall, Long, McGillivray,
Middleton, Quarles, Taub, Weipert, Woodward, Zack, Berman, Bowman. (16)
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 THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 17, 2018,
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 17th day of May 2018.
Lisa Brown, Oakland County