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Resolutions - 2018.11.14 - 23881
orninissioner FINlip Weipert, District #8 hajtperson, Pinning and Building Committee MISCELLANEOUS RESOLUTION #18391 November 14, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: WATER RESOURCES COMMISSIONER — CHARTER TOWNSHIP OF HIGHLAND WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHTS OF WAY FOR THE WATER SUPPLY SYSTEM AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CHARTER TOWNSHIP OF HIGHLAND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County holds legal title to the water supply system serving the Charter Township of Highland which consists of easements and right of way for the water supply system and related equipment, facilities and improvements, excluding private water leads; and WHEREAS the Water Resources Commissioner desires to transfer and the Charter Township of Highland desires to accept ownership from Oakland County of the Charter Township of Highland's water system assets; and WHEREAS there is no outstanding debt or other indebtedness with respect to the finance, design or construction of said system that would otherwise prohibit the transfer of said property interests; and WHEREAS the office of the Water Resources Commissioner has prepared all necessary documents related to the quit claim conveyance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers and assigns all County interest in easements and right of way, and the water system and related equipment, facilities and improvements, excluding private leads related to the local water supply serving the Charter Township of Highland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached Quit Claim Deed attached hereto, in favor of the Charter Township of Highland and any other necessary property transfer documents to effectuate the transfer of the County's interest in said water supply system and easements relating to the lgcal water supply system serving the Charter Township of Highland. Chairperson, on behalf of the Planning and Building CoryfrnIttke, I moyfi the Adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. =IX •INI-111t , LAKE J tON CLYDE TEEPLE 1(1, '1.--AKE 0 7 _ tONE TREE I 1 1 COOLiy.1 . ' I en a Ge I I . I tLi • •S 1 I • I E. , .....i.--•,,R.O.W.Eiws . . 0 ci t".'" 0 0.5 1 'Miles - 0 7, 444/4'4, 0 int 140DDLE . I I 'VJARDIOW MUNGER - 4)0_ ill - - ' ' _ ' •, 1-7----7 -H'''ei; ' —_, i ...- • , ' 1 4 1 1 ; - ' 1 _T(0-')Wr,s1 hip-Ilof 1 Iligl)lanct ' 0 ., o ,1 11 ' -e 0 0 -44 One Punk Works Drive Building 95 West Waterlord, Michigan 48328-1907 DISCLAIMER: The Information displayed In Hs map noon-toted from pecolned deeds. plo Is, to, mops, surveys nod Olher pUblIc re.fdt. Ailhodgh Iris Infarrnahon Herded to cocusotelysetleel pull i Inform ellen. It Is not a legally recorded map orsuryey end Is .t ['Vended Is be used us one. Users should consult serfrooryforlg'nol InlellilnI Oil soUrces where epponsfole Exhibit A Charter Township of Highland Water Main Legend Highland Twp. Water Main WRC WATER RESOURCES COMMISSIONER We *nit .Indnteit 711 212711 7 * RI-rimer/. tankn so,II hnssume PP\hr end "en' •=pp..,4°^,^^^- of water system not shown on map. QUIT CLAIM CONVEYANCE OF FEE SIMPLE PROPERTY, EASEMENTS AND RIGHT-OF-WAY FOR WATER SUPPLY SYSTEM AND SANITARY SEWER SYSTEM FACILITIES AND IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, and the OAKLAND COUNTY WATER RESOURCES COMMISSIONER, in his capacity as "County Agency" whose address is the office of the OAKLAND COUNTY WATER RESOURCES COMMISSIONER, One Public Works Drive, Bldg. 95 West, Waterford, Michigan 48328-1907, Grantors, for and in consideration of the sum of ONE DOLLAR AND 00/CENTS ($1.00) receipt of which is hereby acknowledged, paid to them by the CHARTER TOWNSHIP OF HIGHLAND, a Michigan Municipal Corporation, Grantee, whose address is 205 North John Street, Highland, Michigan 48357, Grantor does hereby convey and Quit Claim to Grantee all rights, title and interests Grantors may posses, but only to the extent of its interest, including any adverse possessory interest which may ripen in the future into full possessory interest, including fee simple property, easements and right-of-way, the water mains and related equipment, facilities and improvements, excluding leads, located within the corporate limits of the Charter Township of Highland and including the easement and/or right-of-way areas described on the attached and incorporated in Attachment "A." Grantors convey to Grantee all fee simple property, easements and right-of- way, water supply system improvements, including the right to construct, operate, maintain, repair and/or replace a water supply system situated in the Charter Township of Highland, Oakland County, Michigan. The conveyance of the system and improvements is "as-is" and Grantors make no warranties as to the condition or fitness for a purpose, said warranties being expressly disclaimed. PROPERTY DESCRIPTIONS: SEE ATTACHMENT "A" Grantee agrees to and acknowledges it shall be responsible for all restrictions and conditions as set forth in the easements and right-of-way set forth in Attachment "A." This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) on the dates indicated below. COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Michael J. Gingell Its: Chairperson OAKLAND COUNTY WATER RESOURCES COMMISSIONER By: Jim Nash As: "County Agency" ACKNOWLEDGMENT STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND) On this day of , 2018, before me, a Notary Public, personally appeared Michael J. Gingell, to me personally known, who being by me severally duly sworn that he is the Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, a corporation created and existing under the laws of the State of Michigan, and that the said Quit Claim Conveyance was signed and sealed in behalf of said corporation by authority of its Board of Commissioners pursuant to Miscellaneous Resolution No. and the said Chairperson acknowledged the said instrument to be the free act and deed of the said Corporation. , Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: ACKNOWLEDGEMENT STATE OF MICHIGAN ) ) ss: COUNTY OF OAKLAND) On this day of , 2018, before me a Notary Public, personally appeared Jim Nash, to me personally known, who being duly sworn did say that he is the Oakland County Water Resources Commissioner and the "County Agency" for the County of Oakland, a Michigan Constitutional Corporation, and that said Quit Claim Conveyance was signed and sealed by Jim Nash in his capacity as "County Agency." , Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: This instrument drafted by: Jeffrey S. Parrott, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1907 -4- ATTACHMENT "A" QUIT CLAIM DEED TO TOWNSHIP OF HIGHLAND WATER SUPPLY SYSTEM Liber 6251 Page 123 (Warranty Deed) — 11-11-306-016 Liber 7714 Page 119 (Warranty Deed) — 11-10-251-002 Liber 16304 Page 129 (Warranty Deed) — 11-14-251-030 Liber 17270 Page 697 (Warranty Deed) — 11-28-201-011 Liber 18122 Page 743 (Warranty Deed) — 11-13-152-039 Liber 19503 Page 702 (Warranty Deed) — 11-22-277-012 Liber 23054 Page 503 (Warranty Deed) — 11-21-302-010 (pt. of) Liber 23054 Page 505 (Warranty Deed) — 11-21-302-010 (pt. of) Liber 38764 Page 010 (Warranty Deed) — 11-01-227-083 Liber 11332 Page 222 (Easement) Liber 14778 Page 756 (Easement) Liber 15035 Page 824 (Easement) Liber 15035 Page 828 (Easement) Liber 17270 Page 699 (Easement) Liber 23054 Page 530 (Easement) Liber 23054 Page 533 (Easement) Liber 33458 Page 449 (Easement) Liber 33458 Page 453 (Easement) Liber 33458 Page 457 (Easement) Liber 41696 Page 689 (Easement) Liber 42487 Page 393 (Easement) Liber 42487 Page 399 (Easement) Liber 42487 Page 405 (Easement) Liber 42558 Page 178 (Easement) Liber 42671 Page 481 (Easement) Liber 52012 Page 834 (Easement) MIX or WOMAN court ry .nn•n•nn•n•Lnia tma6251.1W3E1 linulunC6 airPC400011 ' t=117111kit • nem gil / WAVJWITV DifiLl-s406.6mry hos HMI KOLA. AO WOUOtALL Ingt NY THU% roam,* Thill MAX 0, Naintoh onallodnion N. Saiedsh, hie wife, ease Weise 14 fitoo Chevron biro, Highland, Nishigan 4401 cdown) mad MfmnuatO ii .*T71 Of COMAJOD whose adan0 im No. Mato Works Drive, F04140p Whim 48054' tolloirlthfllb ,dIi$h. Tovnahip d Highland IMI4 if Mieglan, watt Pert of the 11,W, f of gootion 11, T. 501 14 . M140104 TownrhiPl. 04241'd untreiehigan, d000ribod as follower Doginetag at a point on the untirls lbw of Harm Lava dirhiohteara 01.00171. 40,47 ft. along Widest lire of Ovation 11 and 11.00936 1$0%. 60.00 ft. end 11.001711. 516.11 ft. frost the IX; Corner of Section 111 theme along the Saotorlyk lino of laid Horny Zak' 11444 14001718. 220.00 ft.; thgagg iast,104,40 ft.; thenoo South 220.00 ft.; thertoWest 205.07 ft, to the point of *inning, Containing 1,03 Aare. And tahjeot to earanonte and Right.0.1Wayo of record, With a 10 ft, Ads 'trip of land for water line 1,44111Atto W$0.4147 line of whioh to deperibed all follow' legion/az at a point on the Basterlyltde of Ham, Lab' toed thloh boars 140 017% "87.47 ft. along the West lino of Oration 11 and 1.090561302. 60,00 ft, and 11.0447n. S06.11 ft, from the 1.5. Corm. of Station /1; thews along the lasierly line of said Harvey Ws load 11.0017111. )20.00 ft. to the Northerly tertian'. 1.:46060 sMtIr 601 w161 46.14st Ui 46006su, barowa06006 IsPranWSIMMI dletalifia 110040wg asU iwf0 2.1040,6164. too 00 14Ie60040.6014 Ceg and 110/100 Dollar" (CO) mibisti Dn*Ud. 13th. d.4f D000nber A. D. 10 7) WWI CPI its. 18 to. dal, Digglabgg 44N4114 John 0. littleh and Maslen 5, Waintoh, big wife $6**Its0n6011600p0040,40044161064016ormouw404 $06,00461mmumst ImIgagIsimmigia gb.r sualwg 410 sow gt their aeo an we dee 00,4044160' 044111t Nitroh D 9 77 0140WittigrLYI6-1! John 0. Ilatnisk wort er beddlis militsikj03 Tq.in ,.' into. 41411.4alultsziria" 7. 1667t; its.0.0igiri rtir !9 74 144. r r- II 01' 1 d rAf. • rotrids4 suoni ' I. ti_ 3 I. p6 1 1 vme ild vpqj Altli gv41, itmg: .4 a *g 181 1 ope n"ptsk llog '411 1 a ILkAtit 44!A 4:4tlf frO HIPN 4 4 vggilt vi)AB g 4)1 t 1A kirgtiAl 44:1 Plift,44014/ • Pt- UTE I dit s lot tiARVI N WV F1 .010 Ira 915,4444,00 %Tr,. I 411',i,:sp.or -ktwekott I hirODY Ca.f.tihil OW Ni IUNGY Wril PlePared by ma ortmith my tWort *Low this 1 om it duly iitittlittrsi Lnint toyer)! tondo' Oa laws or OR $lutogi MI:Moro, thst this suoty oompiht with th• roqu Rimini." of VoLotiOn no. 3, P,A, no. 13201 1074 god 0141004one/of clown/ h no thin I MEM. fl , ' .7...?4,.. 4 stn W. *V John 0, Ainikht ittrohttnott tioti &morn P22 llow hinds krest Hotly, Mesh C' r-po • 11.1n4 'Hi 4th gay 1,1 Hay A. 1). n 79 11.114.0•1 I, /holism laic lItul s1H1 111.1004r 4,•,)4e-c,t,c ) 'lei ef • li 20 Bretton Oakc investment Company And lii 14130 1114 ili4411it 11J1 615 4 a>114-1--A-f Pi Mkt Zor,/,4+,b Oakland in PTA tir mi4 m19015' 111.. N. 1./T1 flat 4th tiny .1 May sowninsi Jonas (Ant 10 pm ,t4,i4fl4ll 4lnlving by rolly.fi, 41,1 11) may sny 1101 13) his is lb. Pram Wan t wilretton Oaks Xnyeatment Company Ii innpmnlinso 10.0.1 In and bliI mmncrt.I lb. w1,11h111 iMirlini.•41. awl Nut 114 011 •1Nou4 to NIA IniNunlion I. ti.. enicnonlo nil 1 01.1 curptnn1lon, 11111101.1 IniNinonol wu sInoml a1+1 oonlicl In WIWI ti NIA forpncallon by buill.tlir .1.1011.0 .1 41,4 In4 nroLl Is, ,Cir------,,- ---..f.---- / owls Oanta , — its) ---. ) President lu 1 1 —4414. 4,1e, A 11 lAti ,,? Or. ''' 11 .Listo7714itruf 119 wimiANT, DIRLI:s.-CCINPONATC0111211 IX% 60 'PO An 37 P. A. tost — allow ALL mot ay rum rmsOlirCrib Thit Drotton oako irOMIStlitent COVerly • a Michigan Corporation - 3901 Highland Boad, Pontiac, Michigan pia wurimut. The County of Oakland, a Michigan Municipal Corporation %sham loom Number and Pon11)1110. NI=IreNt Is 1200 Narl,11 Telegraph geed, Pont lee, Mulligan 04 1.flow04 ds401W4 ple4004 .{1w0,01 in 04 Township a Commerce cenray Oakland end 104 a/ MSchlian, 00B ATTACHOD Ic.41111•, with 411 so4 110 14n4M440. IHH44111.11114t0 ml ni.pg41111111111,1111 ,4io41di 1414nlIng p Ii, snyonw11.1141.1.4141114. fit 11114 fWn Rt $1.00 snIINNt 11a upplicable zoning ordinances and easemonto of rauord and the right of reverter attaohad horatu, Jonao Mintz achront0,1110 nil mitimsrol in hi 1118 1,0, .16..1 444.141 WO 400p.s7•411, My ruininimlin f 1111410 11 P1411/ llin &Ina *Alm sAmmINInse Inanni AI 11) "innch 11,1rnmlf,“ nnd C3) "Iliny 111114111ssly" 1Kit...1110111 M0'111101 k • !".' PIM! Tiabor.e, . , eec 7.) ' , , . w 1 1 Wbon noripal mute te ../d/ C.41, „Ai Li ad 4414,444_, T2iPt'n. lot4 041 14.0d 14,:e A, l4' (,:v4/ . 1 tilp2.1.1.2Y) Dessirs 141 410 yrey,, Mich gen u 9 lily Tramoiroi's 0111Na1e 11111•104141 VO4 1, 111111NiN1 1011114 1 A /7 'I 7 8 o ,ATTACIIMENT TO WARRANTY DENO FROM BRETTON OAKS INVESTMENT CoMrANy TO COUNTY OF OAKLAND DATED MAY 4, 1979 00711411420 ONOCHIPTIoN i'''rcii ctciWRLL HOMO CAUEWNT ANNA A PAM OF TOG Nol. 1/4 01' UNCTION 30, u-7,11 / OIGULAND 1'oWNH113?, OAKLAND CoUNTY, Li £131 11011(3 VAN- TIcOLANIN DEUCluncn AG: CoN4FNULNd AT TUN NUnTaNAGT CONNMR OV OAID SUCTION I131 TflFACN N. 09'12'34" W., 1360.72 FNCT ALONG TUC NO= LINN o? UAW UNCTION 101 =NWT TflU FOLLOWING FUL CoONNNO ALONG TUN AN TI LINM OP 'IlliETTON 0A101 SOU, NO, /," AU NrCORDPO IN LIMN( 164, ?AGM 30 AND 39 op PLATO, OAKLAND COUNTY liECORDBt (I) S..01•13 1 42" W., 500,00 I1G1T, AND (2) A. 27e26 0 13" H. 447.39 FruIT, ANN (3) S. 34n19 1 4(i" 1:.; 32.22 FCWV, AND (4) d. 01'13'42" W„ :00,43 MT, AN8 (9) N. 60°35'34" N. J19,39 VENT TO TUC puINT or $11101NNINO OF TIN' Li DEBORAPTIoN/ TIM= ALONG A CURVE TO Ti E 111OCT 210.311 MUT, (IA III COAV.11! HAV0,10 A RADIUS OF 30.00 FEET, CENTRAL ANOLN OP 120"32 1 3.4" AND LONG CHWD 1N1A1ONG d. 54"39t37" X., 373.67 MINT, !ili1'1t4C8 8, 25°40 1 30" W., 22.00 PENT/ TflUNCX ALONtl A CONVH ',PO TUE NEWT 314.16 FEET, SA1D CURVE MING A RAO1US OF )00.U0 loNNT, OVNTHAh ANGLE OP j110°00'0" AND LONO CHOND MARINO N. 64"39 1 30" W., WO0.U0 FNcTI WENCH N. 25 °40 1 30" u. 22.00 MT) ALONO A CINIVI: TO 11111 Nit= 46.03 IoNNT, SAIO COM HAVING A (ml)) (III oF 100,00 11MP, CENTRAL ANGLE UP 26'22'29" AND MHO mum UMANINO N. 30"51'45"E., 45.63 PP,HT TO A POINT OH TUC GOUTH 1.111E OF LOT 14 OV 0A1D "NliNTTON cAlal NHH. NO. 3"0 =NCI: N. 70 11 40'911" II., 0.0,1 ?NWT ALONG TUN NOWI'11 LINE OP flAID LDT 14 TU TDB /WAN UORNNU COMMON TO LOT 14 NV T8'0, WAthowel II INN N,CD°3 1,i'34"N., 56.02 ?NW AtONa '111 11 VouTH LINN LW TOM MIXWAY AND LOT 3! OF 8A10 "DHETTON OAKH tHAI. NO, 1" TO TRH POINT OF NNOTNNINO AND C0NTA1N1NO 0.819 ACM. 1 74J hovel Rua to hold All niiU silluillar the Above muntioned And desuLibed premines, tuvether with the Appurtennumm, onto tAls mita COUNTY CV OAKtIAND, in treat, 11114 to and for On nee, intent and pnrpoee ufft mita for uomoDaty ayatem pawing ffloilitino for tho um' mid benefit of thu inhabit:mite of nnia COUNTY, on4 the mad URKTTON cAlm INyflnymmNT COMPANY hereby deu1nron mei thin oonvoyAnou in uxpronely onDjont CO meth aeolbration, that whoaavor thu onid CoONTy cannon opocution of nAid pnopinv Monition, ifletallea or to be inutulled UpoN 'JAW 5110, or whenever 'Nita pompigu fAoilitlen o0000 to be, taloa an A oommmilty wator nyetum for the nen And boaefit Of tho inhohitonte of "mid COUNTY, then 'mid trmmt wino 11114 determine mid the promidou 041/ be conotanood rannnlonoal nna the onmo "'W0, revert to iho 001.(1 DRETTON OAKS INVEnTmENT COMPANY, LIII Anounnwora And houltinS, upon 41aymo114 to Arad COUNTY a reauunable outilm, if 'my, of Abondonnmnt of the afuromtla promiona Utalecih for tool nn0e0nNor0 of mad BUNTON OAKS :NVESTMIIIT COMFANY. .L4141ViTY DiVi)PU GF4AL PA1117001.91i I? --WS Plus Ma roa inssesioi fat Wood pattnanotlp us) 13re16:104129 lier Iktkihjr F011,49 FWELITY-TATILE CO. kgir,-)1- twos* tia x..m.rww• rts-wanta wow+ Kries......ecprt Maureen Be nrume. , 4 r.anclace Karol; to Pe_ctssedr - kl,:trpe of ?pal, ivy Br 13,1 tor Cohen • Mar 9% I 2 8 I 4 4 rhk r..tsJoar D. Pa riners a N.L.rtmdrsksip,wboie demo is 25200 1eçjrpt Read , Lei 4 10 southEield. tlxhigrin 0034 ‘onyryil and warrants to Oakland County I 1200 N. Taiegraph Road Pontiac, Kichigan 48341 1 ' the following derctitted premises situated the Tosvi ,.711i p I a Highland i , County of 00k/rind 4 and Stiec oeMictilgart: who iiddrus i‘ See tached Exhibit " r.t..^051w :"1•71:Vh.7437:Vt1 cIZN71 7.r iS•I w ic t e r.? fAX : 4.40 Welk! duly • • P•P:-.1t,PRA41014 WAle ars 1..'"."'•••••• kl•rielM11 V•n111, .1? • t.•04141114 aiSOIsor C41,4 i.44. c; (-ort 7.e 11 , fp: the sum ofinalla 1U0 ) (0ollarn onti ester veoci and valuable congitlerat subject to *nutrients and building and ;sae tauktions of rcosrd and huiller $1.thjtC: Doedflii 10E1 diy 01 Oczcbra- Signed In pttsence of; 11.10 - PUN TOMO 2..CC 0114 - MAW IIAT 94 lin A.h. tEEEtri t.40 PAM MAP - 1,411.03 (ivir !Al 11.. kLEN, CLEO/MI.5a Signed. By; STATE OF MICHIGAN.. I li COUNTY OF c^"11/12-Ind i: Ile ftaping instrattatnt wits acknowledged 1st fom r to 003.-1 ° th „ day of_ t)c t '1•11"°r _ _ ___......._—_— ,.. , 19 - ., , by _ Walter Cotten - .,, ---.. —_ .— ••• '4 Fanner(*) on behalf or OL Partm-irs I CALL PAUL DOVE WHEN READY 80964 Whee,irdast Return To: GEORGE W. KUHN pAigwe COW! (Th7(10 Fitibiro Virak, c.q1:71;ritir 146-5167—t of way tarot the .34A151., Tk•A NICti W er EAZ • ryn olk hum svaan VmACK sxmArvaso. ..... a pnttnitillattr. - * Maureen E. Dennahe ntI Subsopent Tax Elills To: ilIetary higan My commission expitro Waynr,. March 15, 1997 „- ! Drafted fiy; Business Adtiress: Czanty, Trivial Tax w183(14d3l) 1.7BIBIT U./4 MARCH 22, 1995 REV. NOV. 16, 2.995 HOME BAT MONAD RIONLGAD TOWAXXIV, MICAIGAN RESISMILIMILJILAILL_LIML.EW A PARCEL or LIND LOCATED IN FART or THE NORTH 1/2 or SECTION 14o T. 3 N., R. 7 IL, uxdsuno TOWNSHIP, OM= COME, =RUM DEOCRISAD AS maInorno AT TAZ HORTHEAST CORNER Or UNIT L Or oftotu BAY snores conoamrsrate RECORDED DAME= 19, 1994, WEAR 15U( RAMS 572 TIMM 626, ROTH TECLUNIVE AND DISTANT A, •5'0 6 400 W., 1,665,95 FEAT AN6 A. 00'27 1 56* O f 233./6 FOOT PROM TEX SAAT 1/4 MUMS OF SAID SECTION 141 THENCE FROM SAID POINT 07 mounros 89'56'40" N. 27.0.70 PM ALONG THE NORTH PROPENTY =ea EMU= ti TRANCE TEX F0LVIGIO2TGO coons ALONG THE MAMMY Atawr..%06,401 Lim or PROPOSED ,VERO tam (60 notT nom): N. ovottats FOOT AND 55.50 PUT WANG AN ARC or A CURVE TO TEE A, AMOS Or 260.00 FAIT, A CENTRAL Amu OF 12'13'45"v A CHORD LEMOTE OF 55.39 PUT AND A. CHORD BEARING or N. 06*0522* A.; MRCS 3930'00* E,, 63,21 PERT ALONG THE SOUTHEASTERLY PROEM mur'or UNIT 2 OF SAID *SOUTH AAY SNORES" CONDONINIUMSt THENCE 246.02 WEE2 ALONG AN ARC or A CUM TO THE FLIGHT, A RADIUS OF 100.00 ruer CENTRAL ANGLE OF 140'57'56 0 , A CHORD Lnswrm Or 165.51 MEW AIWA COORD BEARING OF S. 70'0102" E.; THENCE S. 00'27'56 * N., 99.22 ALONG THE EASTERLY PROPERTY LUZ Or MID *SOUTH BAT CONDOMINIUMS, TO THE POINT OF EIGINNING, CONTA/NIWO 0.459 ACAS. t I - \id orlSa.'• • 14+ n4.4.4 --VrJA \ 44-N lz \-\ goobvIti 11.15B1L.95 LIHR17270N;697 <Ili -5 2 2 0 2 $ 9,4$ - $ 2.0 REMIMENTATION 5 JUN 97 4131 P.11. fEF.IPT1 WARRANTY DEED - (Partnership)- Stati PED O ait Form RECD NIL COM LT11 D. ALIBI, CLERVIOISTER G.F DEEM KNOW ALL MEN BY THESE PRESENTS: That PRESTWICK VILLAGE ASSOCIATES 9Yi gep sigrrgEWaiV,, Hi hl and MicherichWinrited partnershipWhose address is Convey(s) and Warrant(si to 9 THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation whose Street Number and Post Office address is 3.00 N. Telegraph Rd., Pontiac, MI 48341- the following described premises situated in the Township 0409 of Hi ghl and County of Oakland and State of Michigan, twit: SEE ATTACHMENT "A ° together with all and singular the .tenants hariditaments and appurtenances thereunto belonging or In anywise appertaining, for the sum of • ONE AND 0/100 (1.00) DOLLAR subject to building and use restrictions, zoning ordinances and easements of record, if any. EXEMPT per MCL 2OI5.05 (4) & MCL 207.526 (4) IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be executed by.. its duly authorized partner*. Dated this 15th day of May Signed, Seated and Delivered in Presence of: (L§.) By: Prestwick Village Development Inc.,. .a Michigac3;or oration • (.S,) .)..tAl—General p t d( i " ay, (L S JWY./...,f3ctLY Jr. tt-S: Pra-Edent STATE OF MICHIGAN }ss.--------r- 7 • COUNTY OF OAKLAND Roy A. Gaddey, Jr.„ On this 17th day of Nay A.D, 1997 before me personally appearedPresident of reatwick . Village Deve/opment k Inc., a Michigan c""rati9TgRagiVDEFAVSOFCI'MV!* ly, • 4ssr.cia tea sworn did say that he is a partner (they are planners) of E.11/11. I: NI and that the said instrument was signed in behalf of said partnership by authority of its articles Of agreement; and the said partner( s) acknowledged that the said instrument to be the free act and4eed of said partnership; ' Partnership 4/ l One Public Works Drive acting in glegnd County Oakland County Dra:in Gond ssioner °rat' l'ul Nadia Denyeenko County, Michiganci...h: c: t.in..e.s W. II saacs_. Jr.. Office of' NNotanry Pub% ,, Waterford, MI. 48328-1907 My commission expires; lt / 29/ 2onn CITY THEASUFIER'S CERTIFICATE CI.N1J01-11)01-1,ow ) HUGH 001-11NY, GNI* Truclaunar _ 133. Act 205. 11% .s finvockyt 01;30 .;,1 Recording Fee: Return to: GRANT!7 State Transfer Tax: EXEMPT PER MCL 207.505(A) AND MCL 207.526(A) Send subsequent tax bills to: EXEMPT Farm 18 PHILIP R. SEAVER TITLE COMPANY, INC. 2700 North Woodward Bloomfield Hills, Michigan 48304 (810) 338-7135 0.K ) (1;111 VOL111-14 Karen s Deborah A. Beauvais A.D. 1997 Signed and Sealed! PRESTWICK VILLAGE ASSOCIATES LIMITED PARTNERSHIP o-s4 Drafted By: COUNTY.TREASUREWS;CEliTTIW,f,. C.171711.0')' 41.,e111,10 1:1 CI srsto• nIryJrniIidJ ;U Ire nil TAXV, aunn na paklior fc it I ,. Ink) ,r0 Ihin mgrunt41, arIppaws. in OK: to.; 0,% in .01. tiix 4ozol OUR 17270N698 ATTACHMENT "A" Part of the Northwest 1/4 of Section Z and the Northeast 1/4 of Section 28, T.3N.-R.7E., fld Township, Oakland County, Michigan, more paiticularly described as follows: Commencing at the North 1/4 corner of said Section 28; thence along the North-South 1/4 line of said Section 28, S. 01°52'58"E., 363.08 ft.; thence N. 865639"E., 432.49 ft. to the point of beginning of the parcel to be described; thence continuing N. 86°56 139"E., 20.00 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle: of 185'44121" and a long chord which 'bears S. 00'11,10"E., 199.75 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of .185 044121" and a long chord which bears N. 05°55'31"W., 199.75 ft. to the point of beginning, containing 0,81 acres, more or less, Sidwell # Pt. 11-28-100-004 "This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan right to farm act." NIViDnanb 1::m.n(k'prestwickalf.441-97-0.14,97) 114-R1812211743 f 9,i Vfft CRO - PA111 c(InflISS1U 2,00 REM0116 DR1111? 19 FEB 90 000 PM. RECE1111i P011'RECORDED -6) lTi L'fidi 0, ALLEN, CLERUP.E.h.31.1Ffi, JE 0EE 12,3 WAPPANtY nvEt) 3/11;110LT- lc StAtUTORY rf.7,131\,3 17c_Mi 11.111 EP I_ LABILITY COMP NY —j „- -7 - ht FMB 1-11611'1iNV HP,10131 A .1. 11 f fly Pt-it:SEWS: Thnt HUNTWOOD DEVELOPMENT. L.L,C., whose address is 32969 Hamilton Court, Suite 110, Farmington Hills, MI 48334 trrrd 1,Ifulted L Ib1i I ty'Co, colivvvlwamnu The County of Oakland, a Michigan constilutional ni Corpo•aton, through its agent George W. Kuhn, Oakland county Ore In rommissioner witnne riiiihr uml prollid111:(1 ndtlitnkt k One ruhl ic Works Drive. We terford, i I 40320' thr InlInwhq kr lIiiIplottint ,dninitel in the Tow ns Iii p • or I gh 1 ond coonty1,1 (laid and mil soot, 11 f N11,2111Fuifi, In- win SEE ATTACHED EXHIBIT mA" FOR THE LEGAL DESCRIPTION tetinilict IiIi 1,11 rad hereitinincilla mid orrurItttimmor, therritillo ImIhmtilog to Ii ni.ywInc volstohlinnol, fin the nom isr OWE ($1 , 0 0 ) Do LIAR .1.)tited thh Irt the 1,1 ei '73 ma0cfln Vi.cky L. 114 1,0. 4.1 id-V6 (-• Susan M. Cuylla CALL PAUL DOVE WHEN READY 80884 19 Signed by: HUNTWOOD, DEVELOPMENT, L.1—C. 4 ,7,-- , ,6 ,e5F---- GILB2RTO PIETRA DREA, Moiaber fn-- , ,. --/7'. /7 (..4 n/ ,ASEPH SCHUL1ST, Member Easements and restrictions of Record 51A-10 01' MR:11111A1.1 LIJNi V 01' Oa l 1 (1 RR SS. l'utc going hit:lumen: %vitt ark rints.tellgud 1,t11,1te in 11115 2nd th y er February 'OC.) 19_98.:_by. JOSEPH SEOUL 1ST and GILBERTO (Individual Name on ni ,i, b e rs oil iichnif z llitiIKO.D.AULELO.atiLtli,— , (11C name) iligrArt u—son M. Cuy1le nit, ...lin Comity 1') COM er's Co:Virtue Cfly 7-ream er's Co:110We „ ,f) •-" 1.44L. • trfC' ' • " " • ' • ‘Vitcn llrruul.iI Roth iiTo: Scud StiluocrjiieiulTam DIN To: Grantee Grantee EXYTIPT Vol ccl N./1-1;3-154- 1:04?..(.1 4'7NT. Rem LH:1g rte !haled hy: Henry A. Bornstein DoinnsAdditss S ui te 222 30300 Northwestern Highway Farmington Hills, MI 40334 RncrocSimps a. lipiP18122PC714 EXHIBET "A" .... Part of the N.W. 174 of Section 13, T.3N.,R.7E., Highland Township, Oakland Coun ty, Michigan, more partic.uiar—ly des-cribe'd as commencirik a the West 1/4 corner of said Section 15: thence N. 00 deg 33 min 00 sec E,, along the West line of said Secrion 85.. 1640.30 ft.; thence S. 89 deg 27 min 00 sec E. 200.00 ft.; thence N. 00 deg 33 min_00 sec F. 38.39 ft.; thence S. 89 deg 27 min 00 sec E. 260.00 Et.; thence S. 00 deg 53 min. 00 sec W. 343.41 ft.; thence S. 89 deg 27 min 00 sec E. 103.13 ft. to the POINT OF BEGINNING; thence continuing S. 39 deg 27 min 00 sec E. 232.66 ft.; thence S. 00 deg 33 min 00 sec W. 252,67 ft.; thence N. 89 deg 27 min 00 sec W. 232.56 ft.; thence N. 00 deg 33 min 00 sec E. 252.67 ft. to the POINT OF BEGINNING, containing 1.349 acres, subject to and together with the rights of a 30 ft. wide easement for.ing-ress, egress, public and private utilities, described hereafter, subject also to any other easements of recoi -d, if - any, Huntwood Pince Condominium OCCP q10L9 Sidwe.11. No, 11-13-154-000 EntirE . N'amt, \ . A PERMANENT PRIVATE EASEMENT FOR INGRESS, EGRESS, TO THE WELL HOUSE Part of the N.W. 1/4 of Section 13, T.3N.,R.7E„ Highland Township, Oakland ,County, Michigan, more particularly described as commencing at the West 1/4 corner of said Section 1.3; thence N. 00 deg 33 min. 00 sec E., along the West line of said Section 33, 1640,30 ft.; thence S. 89 deg 27 min 00 sec E. 200.00 ft.; thence N. 00 deg 33rnin 00 see F. 38.39 ft.; thence S. 89 deg 27 min 00 sec E. 260.00 ft.; thence S. 00 deg 33 min 00 sec W. 700.02 ft; thence S. 89 deg 25 min 30 sec E. 157.87 ft. to the POINT OF BEGINNING; thence N. 05 deg 58 min $7 sec W. 104.76 ft„ to the South line of the Well House Site; -thence S. 89 deg 27 min 00 sec E., along said South line, 40.26 Et.; thence S. 05 deg 58 min 37 sec F., 104,34 ft„ to the North line of Unit 19; thence 5.82 deg 35 min 0'5' sec W., along said North lint, 3.11 ft., to the .NW. corner of Unit 19; thence S, 00 deg 04 mi'n 43 sec W„ along the West line of Unit .1.9. 167.95 ft., to the North right-of-way line of Elk Ridge Circle (60 ft. wide); thence along said right-of-way line along a non-tangent curve to'the - right, radius of 390.00 ft., through a central angle of 01 deg 40 mitt 58 sec, an arc-. distance of 11-45 ft., chord bearing S. 89 deg 14 min 14 sec W. 11.45 ft.; thence N. deg 55 min 17 sec W., along said right-of-way line, 18.55 ft., to the S.F. corner of Unit 20; thence N. 00 deg 04 min 43 sec E., along the East line of Unit 20, 168.38 ft„ to the.N.E,. corner of Unit 20; thence N. deg 25 min 30 sec W., along the North line of Uniz, 20, .- 7.14 ft. to the POINT OF BEGINNING, ISE WARRANTY DEED STATUTORY FORM FOR PARTNERSHIP .1titipYg11.0C0 TITLE COMPAM' ilud95o3f7o2 qc129qc10[11 1(15 19.00 DEED DM -DRAIN MISSION $2.00 MING - DRAIN COHM158IOR 29 JAR 99 7:28 A.N. RECEIKI1 ii PAID • RECORDED - CAKIAND CORM O.WILL1AM CADDELL CLERVRE8ISTER OF EEEDS KNOW AL ME Ar BY THESE PRESENTS: That Highland 90 Venture a .Michigan corporation registered co-partnership, the address of which is 612 N. University Dr Ste. 201 Rochester, MI 48307 Conveys and Warrants to County of Oakland a Michigan constitutional corporation whose sweet number and postoffice address is 1200 . N. Telegraph Rd. Pontiac, MI 48341 the following described premises situated in the Township ofnigbjend Conroy of Oakland and State of Michigan, to-wit: Community Well Site of Highland Valley Subdivision, a subdivision being part of the 5:„.Of §ection 22, T3N, R75, Highland Township, Oakland County, Michigan; "Er recorded in Liber 262 Of Flats, Pages 31 through 43 inclusive., Oakland County Records , 2-42-D3, together with all and singular the tenements, hereditatnents and appurtenances thereunto belonging or in anywise appertaining, for the sum of One Dollar ( $1.00) subject to easements 6, restrictions of record; and further to a reversionary interest (see Exhibit Signed/in the presepce of Dated tlyis 28th day of September 19 98 Signed by: Highland 90 Venture subject • QL\\ ..15( By ktQLOP eI Michael P. Foley. VN Vatnell a K. McDonough - CALL PAUL own By ?WHEN FRAOy STATE OP MICHIGAN COUNTY ol*akiandir SS. "84 Present artner Donald G. Van Eve , President Streamwood Devel pment Co. Inc. II Foley Land Corp. By Orr we/ The foregoing instrument was acknowledged before me th is 28th day of September Michael P. Foley, Pres dent, -Foley Land Corp. AND 19 98 by Donald G. Van Every ,__ Presi dent. L_Streamwood Development Co. (Individual Mane (s)) I= • II ,partrienst on behalf of Hiahland 90 Venture (Partnership Name) a Hichician copartnership My Commission expires 4-19-02 .cr_anborrfe'd..n'e6.,ICJitfii4t,e ; Juditl4 Fole Moulty Oakland • County, Mirhigan City Treasurer's. Certificate ,q-patinetAtint 012;',21, When Recorded Return To: grantee Send Sabsequent Tax Bills To grantee Drafted by: Michael P. Foley. 612 W. University Dr. Ste. 201 Easiness Address Rochester, MI 48307 $12.00 exempt. Tax Parcel 4 Recording he Revenue Stamps OK-GK. 11-22-277-012 ExH/BRIR197.,03K703 "REVERTER CLAUSE ° This deed is intended to create a fee simple subject to the following three conditions subsequent: (i) the above described premises are no longer used for any public purposes and (ii) upon written request of all of the then fee simple owners of the benefitted land described below or the parcel of any assignees of this right-of-reverter ( -22- 276-004 ) the Grantee or its successors or assigns determines that the above-descilbed premises are no longer needed for public purposes; and (iii) the Grantee or its successors or assigns delivers written notice to all of the then fee simple owners of the Benefitted Land that the premises are no longer needed for public purposes. The three conditions subsequent are intended to be "Specified Contingencies" as that term is defined in MCLA 8554.61(a). All three Specified Contingencies must occur in order to divest the Grantee of its fee simple estate in the above-described premises. If all three of the Specified Contingencies do not occur on or before the 25th anniversary of the date of this deed, then the right-of- reverter hereby granted to all of the then fee simple owners of the Benefitted Land described below automatically expires, and L. • Grantee shall retain its fee simple absolute in the above-described premises free of any right-of-reverter granted by this deed. This right-of-reverter is intended to be in gross, and is personal to the current fee simple owner or owners of the benefitted land and is not intended to run with or be appurtenant to any particular land. It is intended to be freely alienable, provided that any assignment of the foregoing right-of-reverter must be made to the fee simple owner of land in Oakland County, Michigan and that any such assignment must be recorded against the property conveyed by this deed. For the purpose of establishing the initial holder or holders of this right- of-reverter, only those fee simple owners of the henefitted land described below as of the date of this deed shall hold the right-of- reverter. (n-22-276-004) Hickory Highland Developglent C a Michigan costoration Oakland County. Michigan maEft23054enE503 Zorn COHANY, Gouty Freasurer 1.00 SLR sQc. 145, wa,in4 es arrikindo ;i1EE SO2 - L;Lrol.ENFEL, 33 b4 - Z-,;),YLL, LEPVRF.11:1,..ETF, FJF HEDS WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that Hickory Highland Development Corporation, a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Tray, Michigan 48084 Conveys and Warrants to: County of Oakland, a Michigan constitutional corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 the following described premises situated in the Township of Highland, Oakland County, Michigan: A Pail of the t % of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, mg more rticularly described as Commencing at the Southeast Corner of said Section 20, thence North 02 Degrees 36 Minutes 06 Seconds West 144628 feet along the East Line of said Section 20 to the Point of Beginning; thence South 87 Degrees 23 Minutes 54 Seconds West 51.38 feet thence North 65 Degrees 20 Minutes 54 Seconds West 162.32 feet thence North 24 Degrees 39 Minutes 06 Seconds East 100.64 feet; thence North 13 Degrees 34 Minutes 18 Seconds East 209.03 feel; thence North 63 Degnses 03 Minutes 27 Seconds East 10028 feet to a Point On the East Line of said Section 20; thence South 02 Degrees 36 Minutes 06 Seconds East 405.90 feet along said East Line to the Point of Beginning. k 3'W 40r:JT for the full consideration of One Dollar ($1,00). '(ALL of ) The Grantor grants to the Grantee the right to make 0 divisions under Section 108 of the Land Division Act, Act No. 288 of the Public Acts of 1967. This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right To Farm Act. Subject to at easements of record. This conveyance is subject to the following restriction: The County Of Oakland agrees that this property is being conveyed for the purpose of operating and maintaining a water supply system and that the property wal not be used for any other purpose unless approved by the Highland Township Board. Dated this 9'1 day of • IN THE PRESENCE OF: *PRINT NAME BENEATH SIGNATURE LINE IN BLACK INK 'AO/14:J Co-a-..) )1114/40Z- s GRANTOR: • 01 01040.S/4 STATE OF MICHIGAN 1 ss COUNTY OF OAKLAND On this day 9TE of Mig , 2001, before me, the subscribed, a Notary Public in and for said county, personally appeared A. Mathew Kiriluk,I1, President of Hickory Highland Development Corporation, a Michigan corporation, known to me to be the person described in and who executed the within instrument and then acknowledged the execution thereof to be his free act and deed. My Commission Expires: fA ,4,) . 2 owl, Drafted by and when recorded return to: Michael W. Maddin, Esq. Maddin. Hauser, Wartell, Roth, Heller & Pesses, P.C. 28400 Northwestern Highway, Third Floor Southfield, Michigan 48034-8004 'TERRI COONS MJRICALA Notary Public, Oakland County, II My Danirrission Nam Aug 7, 2U04 olln a I 1n1 Tax Lb. Nos.; County Revenue Stamps: Exempt pursuant to MCLA 207.505(a) State Transfer Tax: Exempt pursuant to MCLA 207.526(a) 215120 CALL PAUL DOVE WHEN READY 80984 SCALS1',150' 1t6ER 23054pAGE504 W. 1/4 CUR. SEC. 21 EXHIBIT 'A' T.3N.,R.7E. AS-BUILT SURVEY OF WATER TANK WATER STORAGE TOWER EXCEPI101.1 DESCRIPTION A part of the Southeast 1/4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20; thence North 02 degrees 36 minutes 06 seconds West 1446.98 feet along the East line of sold Section 20 to the POINT OF BEGINNING; thence South 87 degrees 23 minutes 54 seconds West 5138 feet; thence North 65 degrees 20 minutes 54 seconds West 162.32 feet; thence North 24 degrees 39 minutes as seconds East 100.64 feet; thence North 13 degrees 34 minutes 18 seconds East 209.03 feet; thence North 63 degrees 03 minutes 27 seconds East 100.28 feet to a point on the East line of sold Section 20; thence South 02 degrees 36 minutes 06 seconds East 405,90 feet along said East line to the POINT OF BEGINNING. 51.38' 587'2354"W TOWER En- ED z 0 ESM T. D r7) I WV} z J--44 c(3 I SW, COR. SEC. 21 T.3N.,R.7E. URVEY Q OF M-59 (PUBLIC) —200 FT. HALF RD. R/W- I, BRAD F. THOMPSON, REGISTERED LAND SURVEYOR AND ENGINEER IN THE STATE OF MICHIGAN (R.L.S. 23828) DO HEREBY CERTIFY THAT AN AS—BUILT SURVEY OF THE EXISTING WATER TANK WAS PERFORMED UNDER MY DIRECTION ON MAY 9, 2000 'Brad F. Thompson, V.E., P.S.#23828 511• I f DATE: 05-16-01 B.F. D51-1;07A1P5S450Ni1,i4giC. J08# 96 -2796 FAX 517% 540-0049 Rogisiered Professional Engineer & Land Surveyor 1520 Gulley Road, Howell, Michigan 48843 LIBER 2 305 4116E505 . - of2t'76 ,11..iN0 ?NI RECEPT4 3SE - C, HUCH O:id County Twa3wer C CEr,TcrEi7 DT DEEDS 1.00 SLR 1.35, Act to6, teg3 as amodEld WARRANTY DEED KNOW ALL MEN BY 'THESE PRESENTS, that Timber Ridge Investments Limited Partnership, a Michigan limited partnership, whose address is 30840 Northwestern Highway, Suite 270, Farmington Hills, Michigan 413334 Convey and Warrant to: County at Oakland, a Michigan constitutional corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341, the following described premises situated in the Township of Highland, Oakland County, Michigan: A part of the Southwest 'hot Section 21, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan.`",rnirepiHiMrar described as commencing at the Southwest Corner of said Section 21, thence North 02 Degrees 36 Minutes 06 Seconds West 1446.98 feet along the West Line of said Section 21 to the Point of Beginning; thence continuing North 02 Degrees 36 Minutes 06 Seconds West 405.90 feet eking said West Line; thence North 63 Degrees 03 Minutes 27 Seconds East 180.89 feet; thence South 24 Degrees 18 Minutes 26 Seconds East 97.10 feet; thence South 29 Degrees 34 Minutes 39 Seconds East 123.68 feet; thence South 07 Degrees 34 Minutes 45 Seconds West 74.01 feet; thence North 78 Degrees 40 Minutes 21 Seconds East 149.35 feet; thence South 89 Degrees 54. Minutes 12 Seconds East 108.12 feet, thence North $4 Degrees 00 Minutes 00 Seconds East 25.00 feet; thence South 36 Degrees 00 Minutes 00 Seconds East 80.08 feel; thence deci. , South 54 Degrees 00 Minutes 00 Seconds West 45.00 feet; thence North 36 Degrees 00 Minutes 00 Seconds West 69.92 feet thence North 89 Degrees 54 Minutes 12 Seconds West 95.95 feet; thence South 78 Degrees 40 Minutes 21 Seconds West 141.90 feet; thence South 26 Degrees 34 Minutes 06 Seconds East 80.84 feet; thence South 39 Degrees 43 Minutes 50 Seconds West 23.15 feet; thence South 87 Degrees 57 Minutes 39 Seconds West 100.19 feet; thence South 42 Degrees 23 Minutes 54 Seconds West 138.91 feet thence South 87 Degrees 23 Minutes 54 Seconds West 71.00 feet to the Point of Beginning. pierrewee d7cx.--1=e4e f 13E3 '"1-1eqge.C. ricIE " —(above legal falls for the full consideration of One Dollar (81.00). within) SibloJELL 4: II- 21 - 352 EA41" the Grantor grants to the Grantee the right to make 0 divisions under Section 108 of the Land Division Act, Ad Na. 288 of the Public Acts of 1967. This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right To Farm Act. Subject to ell easements of record.. This conveyance is subject to the fallowing restriction: The County Of Oakland agrees that this property is being conveyed for the purpose of operating and maintaining a water supply system and that the property will not be used for any other purpose unless approved by the Highland Township Board. Onasd thiS iS day of ,2001. I 1 ne Dl: 41 So 551 40 Iii Xir Ire :et; OE I set IN THE PRESENCE OF: *print name beneath signature fine in black Ink GRANTOR: Timber Ridge Investments Limited Partnership, a Michigan limited partnership ct "et TMS cAltaAao-kt thi Its: General Partner CALL PALI_ Dow. WHEN READY COUNTY OF OAKLAND ) SS 80S.84 On this LS day of 20n1, before me, the subscribed, a Notary Public in and for said county . Pereene/IY el3Peere s-22 to , known to me lo be the person described in and who executed the wain instrument and then acknowledged the ex • n thereof to be his free act and deed, My Commission Expires: 01 Ice__ Draftedletand when recorded return to: Gregory J. Damaskl, Esq. IlAitirein,, Hauser, Wertell, Roth, Heller & Pesses, P.C. 28400 Northwestern Highway, Third Moor Southfield, Michigan 480344004 Tax LO. Nos.: County Revenue Stamps: Exempt pursuant to MCLA 207.505(a) State Transfer Tax: Exempt pursuant to MCLA 207.526(a) i.fnAAALL. Notary Public, t TRIM PERRY SOWN rime - WU") c9IJOITIC ArrCO12m4gkti to. til/14082 ly, Michigan ter 'a ry 3n PI 193298 El LIBER3 8 7 6 4 P60 10 OAKLAND COUNTY TREASURERS OERMICATE HEREBY CERTiFY tat there ma no TaLIENS no TITLES held by the MSc or ony latSvitl2al cealatl Ito %gbh dcsnrip1ion end all TAXES no terns on t'T Fa: ye:spathes to the date ot the IIIEVITaralt 05 oppeara Iritlso records in the slim except us staled PATRICK M. DORANY FArRICK it CCHANY, Godly Treasurer .Sec. 135, Ad 205. 1891 as emended 2/4dr7 0011.46 WARRANTY DEED STATUTORY FORM FOR PARTNERSHIP 35266 LIBER 307b4 PAGE 10 1,13.00 DEED - COMBINED $4.00 REMBNUNENTATICIN 02/14/2007 1201:08 P.M. RECEIPT t 1686 II 11 111111111111111 MIMI PAID RECORDED - OAKLAND COUNTY RUTH SHINSOHi CLERK/REG1STER OF DEEDS Ig11.000 TITLE COMPANY PO ?0,-LaillOCITIAMM.0.1,1,07.117 ICIVOW ALL MEN BY THESE PRESENTS: That Eagle 119 Venture a Michigan copartnership a registered co-partnership, the address of which is 1460 Walton Blvd, Ste 210 RochesterHills, MI 48309 Conveys and Warrants to County of Oakland a Michigan constitutional corporation whose street number and postoffice address is 1200 N. ,T.degraph Ra .; •Pont•iac Mk,48341 "2. the following described premises situated in the Township of Highland County of Oakland and State of Michigan, to-wit: "Community Well Site" White Eagle Subdivision (Liber 294 , Pages 34-49 ) Highland Township, Oakland County, Michigan 5568 Jada Dr metes & bounds description attached together with all and singular the tenements, hererlitaments and appurtenances thereunto belonging or in anywise appertaining, for the sum of One Dollar ($1.00 ) subject to easements and restrictions of record Dated this ' 3rd Signed in the presence of: day of January —1-9— 2007 Signed by: Eagle 119 Venture, tO =MO • KW BROWN ' CALL WHEN nEozy ft *en FOR PidIC.UP STATE OF MICHIGAN COUNTY NTY OFOa ianc.1.} SS. By -,itcam_19P12 - Michael P Foley, '3,esident By Foley Land Corp, Partner By The foregoing instrument was acknowledged before me this day of (1j2j4JR.,(-C.3 ••1,90 by Michael P _Foley , President, Foley. Land.,_Corp partner(s) on behalf of INIARLA L couk,Dartn,rship, Notary Pu.3110, Mute Of lonigan • t County of Ot.tklancl - My Corhitiluton ActIng in thi; County DE cErv triti Treasurer's Certificate City Treasurer's Certificate - RuttlAnmffRIFirds Oa When ecoroca KetUM To: grantee Send Subsequent Tax Bills To: grantee • Drafted•bY:Michael P Foley 1460 Walton Blvd, Ste 210 Rochester Hills, MI 49309 Business Address • . (IndividTal Name (s)) Eagle 119 Venture,. a Michigan copartnersh (Partnership Name) My Commission expires 9,0 Notoit Public, Coun , Michigan 11-01-227-083 $14.00 exempt: MCLA 207.505(a) Tax Parcel it Recording Fee Revenue 'Stamps • LIBER3 8 -16 Li .P60 1 1. .PUMP HOUSE AREA , Part of the North .21_/: of Section 1,. T.3N., R.7E.. Highland township, Oakland. County, Michigan, describe.as Commencing at the East 1/4 corner of Section 1; • thence S.89'01 '31W. 601.53 feet along the East-West 1/4 line of Section 1 and the centerline of White Lake Road; "thence N.00•58!29"W. 376.04 feet to the Point of Beginning; 1. thence N00'58"29"W 30.35 , feet; 2. thence S139'01'31"W 334.09 feet; 3. thence N3636'20E 152.71 feet; 4. thence N53°32125"W 199,59 feet; 5. thence N36.27'35"E - 20.00 feet; 6. thence S53!32'25"E 199.64 feet; 7. thence N361620E 141.18 feet; 8. thence N4843'08"E 84.96 feet; 9. thence N4511 150E 65.12 feet; 10. thence 115714°25E 65.12 feet; 11. thence N48!43108"E 15432 feet; 12. thence 849$25`01"E 223.74 feet; 13. thence S0058.00E 369.57 feet; 14. thence '589!0131"W 306.33 feet to the Point of Beginning. Containing 4.83 acres, more or less. '9D 0 5 3 7 8 11332 222 Parcel Mo. Project: EASEMENT KNOW ALL MEN BY THESE PRESENTS, That K. A. K. Develament, Inc. 3204 Shirley Street, Milford, Michigan 48042 hereinafter called the Grantor, for and in consideration of the sum of ($1.0) ) paid to them by the county of Oakland, a Michigan Constitutional Corporation, hereinafter called the county, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053, do hereby grant to the county the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Township of Highland Oakland County, Michigan. (See Attached) A#36 REG/DEFT-LS PAID 0001 APR.1.290 ii:12AM 8874 MISC The Grantor herewith agree not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so distUrbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the county. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. um11334223 A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WfitnEor, the undersigned have hereunto affixed their signattire(s) this Eleventh day or APTil p A.D., i990. In Presence of 'Michael J_ Wizynajty_a:" 4t OEfiocoportitirs „A geA) Klaric A. Kotry, Presint/Secretary Craig 4::::.11awkins L18[413321'6224 ACKNOWLEDGMENT STATE or MICHIGAN ) ss COUNlY OF GENESEE ) On this Eleventh day of April , A.D., 1990 before me, a Notary Public in and for said County, personally appeared Klark A. Roby tome personally known, who being be me severally duly sworn did say that they are respectively the President and Secretary of K.A.K. Development, Inc., a corporation created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said President and Secretary acknowledged the said instrument to be the free act and deed of the said Corporation. 61 Notary Public Waynard P.JMyersJr. County Genesee My Commission Expires: May 5 ) 1991 This instrument drafted by: Michael J. Wizynajtys CORNERSTONE SURWCING & ENGINEERING, INC. 212 Silver Lake Road Fenton, BIChi&an 48430 ./rfra,r,v -T-c) /7/(,/z._ L, 6".Y1 PROPERTY DESCRIPTION Y14 up11332E225 A part of the W1/2 of the 4_1/21... and part of the W 1/2 of the SE 1/4 of Sectj.23_10+ T3N-R7E, Itjghland_Township, Oakland County, Michigan, described as follows: Commencing at the E 1/4 corner of said Section 10; thence along the -47all North line of "BERITAGE FARMS NO. 1" a subdivision as duly laid out, platted ' d recorded in Liber 146 of Plats, Pages 30, 31, 32, Oakland County Records, N 89°49'39" W 1297.91 feet (Platted as N 89°47'13" W 1298.29 feet) to the • Northwest corner of said plat and the POINT OF BEGINNING of the parcel to be described; thence S 01011'47" W along the West line of said plat 229.73 feet; thence N 89°47'13" ig 348.00 feet; thence N 01°14'25" E 1252.94 feet; thence S 89°47'13" E 348.00 feet; thence S 01015'00" W 1023.21 feet to the POINT OF BEGINNING. Containing 10.01 acres more or less, and subject to and including the use of a 60 foot wide private road easement for White House Drive. EASEMENT DESCRIPTION A 12.00 foot wide watermain easement having centerline described as follows: Beginning at a point which is S 01°11'47" W 10.00 feet from the SW Corner of Lot 13 HERITAGE FARMS NO. 1" as recorded in Liber 146 of Plats on Pages 30, 31, and 32, Oakland County Records; thence from said POINT OF BEGINNING N 89 °47'13" W 196.40 feet to "POINT A"; thence N 89 °47'13" W 50.00 feet to the end point of this centerline. Also a centerline described as beginning at said "POINT A" thence N 01015 1 00" E 1226.94 feet; thence N 89 °47'13" W 151.78 feet to the West line of White House Condominium and the end point of this centerline. Sidwell it: 11 -10-251 -009-7?o-N-Ir.çJ S 01'15'00- 192.3.21' LOT 13 S 1147 W 12.00. SW CORNER OF "HERITAGE FARMS N0.-1" LIBER 14-6 PACES 30,31432 S 011149" W 229.73' UNIT UNIT 9 UNIT 10 UNIT It UNIT 12 UNIT 1.3 UNIT 14 UNIT 15 UNIT 16 PRESIDENTIAL WAY — N 0115'00' E 1226.94- 'POINT A' EDP-, UNIT 4 UNIT 3 PARK UNIT 2 UNIT 1 tN, 01 1 4 2.5 1252.94 WATERMAN EASEMENT FOR WITTE HOUSE CONDOMINIUM LOCATE!) IN THE E. 112 OF' SECTION 10, 739-676., HIGHLRHO 1011651716. ONCLAND DOUNTT. 610160611 CORNERSTONE SURVEYING' 655 ENCINEERIFM 212 SLIM LAKE NIL, 1E1171:16 PH (313) 740-0400. 7+3-3770 n•••11. trnA477N,r7756 "VINIZIENNINIEENINEWNIMII I*1 •1;i11 EASEMENT KNOW ALL MEN BY THESE PRESENTS, That Richard B. Roberts 4 Susan 0. Roberts, his wife, hereinafter called the Grantor, for and in consideration one future residential water tap to serve the subject parcel described in Exhibit °A" at no cost to the Granters and the sum of one dollar and 00/100 ($1.00) paid to then by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan, do hereby grant to the County and it's agents the right to construct, operate, maintain, repair and/or replace a public water system across and through the following described land situated in the N.E. 1/4 of Section 10, T.3N.,R.7E" Highland Township, Oakland County, Michigan. See Exhibit "A" for the legal description of the entire parcel. See Exhibit "R" for the 20 ft. wide permanent water main casement. See Exhibit "C" for the 30 ft. wide temporary water main easement. Part of Sidwell # 11-10-251-006 IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatiwes this alu day of lune, A.D. 1994 In presence of By ts.S..,,,,z_ t— ..Z.,2&& (L. S.) R chard E. 13.12berPs /-)....--sr---...- B aie-A17C' y ......_ 6.4-4 1,. ..". (L-S.) Susan D. Robert , " _i, '11 _4 'I (21 -/ '11 C•i :,71.__ri-r. '11 1C-1 LA 4, ,L y Nic. IA STATE OF MICHIGAN COUNTY OF 1,IVINGSTON. ),c1ING IN QWAND) On this c:201 day of June, A.D. 1994, before me, a Notary Public in and for said county, personally appeared aLcAasj_.1.2. Roberts and Susan D. Roberts, his wife, to me known to be the same persnns described in and who executed the within instrument, who then acknowledged the sameofb.e;er_:::c_t_and deed. 4•67/A44,-ird 0,1,4,4,,,A4 Notary Public ,Lnhecier570A1 Countyl, Michigan. My commission e›-q3a7-es //-/S-9(- instrument drafted by and recorded should be returnee) Brad F. Thompson 151W Gulley Road y Howell, MI 413134,;,,," (57)548-31.42 atAD TliOMRSON ;40texyAblItc, I.tveq,ton CLITI:y, MI leyr-7N7'04v,IVA!?qiInlswAr., 4con This when to ivIrv; ;A , ,) 1111111=111111Mill iri.:147N157 Exhibit "A" to Roberts Watermain Easement Descriaielleet_Ealrgeb=leed_ItellA A part of the N.E. 1/4 o Section 10., T.3N., R.7E,, Highland Township, Oaklanu Coun y, Michigan7described as conmencinret the Center of Section 10; thence S. 89 deg 46 min 53 sec E., along the East - West 1/4 line of said Section, 2598.12 ft, to the test 1/4 Corner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdiVision as recorded in eiber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1298.29 ft. Recorded), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1023.19 ft. (N. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thence N. 89 deg 42 min 20 sec W. 318.04 ft. (N. S9 deg 47 min 13 sec W. 318.00 ft. Recorded), to the Pella' OF BEG:MING; thence N. 89 deg 45 min 49 sec W. 931.26 ft. (N. 89 dal 47 min 13 sec W. 981.29 ft. Recorded) to the North-South 1/4 line of said Section; thenoe N. 01 deg 10 min 52 sec E., along Said North-South 1/4 line, 304.55 ft.; thence S. 88 deg 40 min 08 sec E. 150.30 ft.; thence N. 01 deg 15 min 43 E. 222.23 ft. to the Southerly line of "Bretton Oaks Subdivision No.1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; the S. 88 deg 48 min 11 sec E. (S. 88 deg 44 nin 17 sec E. Recorded) along said Southerly line, 0.10 ft.; thence S. 78 deg 11 min 32 see E., along said Southerly line, 60.82 ft. (S. 78 deg 10 min 26 sec E. 61,05 ft. Recorded); thence S. 88 deg 38 min 19 sec E. (S. 8e deg 44 min 1" sec E. Recorded), along said Southerly line, 0.10 ft.; thence S. 01 deg 15 min 43 eec W. 100.00 ft.; thence S. 88 deo 40 Min 08 sec E. 215.00 ft.; thence N. 01 deg 15 nun 43 sec E. 59.96 ft. to the Southerly line of "Bretton Oaks Subdivision No.1"; thence S. 88 deg 46 min 18 sec E. (S. 88 deg 44 min 17 E. Recorded), along said Southerly line, 101,84 ft.; thence N. 70 deg 39 min 58 sec E., along said Southerly line 148.22 ft, (N. 70 deg 40 min 09 sec E. 148.04 ft. Recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft., central angle of 26 deg 22 min 35 sec, arc distance of 46.04 ft., chord bearing S. .38 deg 55 min 10 sec W. 45.63 ft. to a point of tangent; thence S. 25 deg 43 min 52 sec W. 22.00 ft. to a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 180.00 deg 00 in 00 sec, arc distance of 314.16 ft., chord bearing S. 64 deg 16 min 08 sec E. 200.00 ft. to a point of tangent; thence N. 25 deg 43 min 52 sec E. 22.00 ft. to a point of curve; thenee along a curve to the left, radius of 100.00 ft., central angle of 120 deg 32 min 12 sec, arc distance of 210.38 ft., chord bearing N. 34 deg 32 min 14 sec W. 173.67 ft. to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No.1"; thence N. 68 deg 28 nin 22 sec E., along said Southerly line, 119.24 ft. (N. 68 deg 35 aim 34 sec E. 119.39 ft. Recorded) to the southeast corner of Lot 15 Of said subdivision ; thence S. 10 deg 41 min 36 sec E. 590.66 ft. (S. 10 deg 43 min 33 sec E. 590.86 ft. Recorded), to the POINT OF BEGINNING, containing 8.675 acres, subject to the rights of the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also subject to and together with the rights of ingress, egress and public and private utilities over a 60 ft. wide private easement described hereafter, also subject to a 20 ft. wide storm drainage easement described hereafter, also subject to easements and restrictions of record if any. .1.44778PC758 Exhibit "8" to Roberts Watermain Easement gnamantiLatgx_Ilkin_Fagmatat A 20 ft. wide permanent water main eaeement is described as follows: A part of the N.Z. 1/4 of Section 10., T.3N,, R.7E., Highland. Township, Oakland County, Michigan, described as commencing at the Center of Section 10; thence S. 89 deg 46 in 53 sec E., along the East - West 1/4 line of said Section, 2598.12 ft. to the East 114 Cerner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1298.29 ft. RecordeJ), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1023.19 ft. (E. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thence N. 89 deg 42 min 20 sec W. 318.04 ft. N. 39 deg 47 min 13 sec W. 318.00 ft. Recorded), to the VOINT OF BMGINNING; thence N. 89 deg 45 min 49 eec W. 20.37 ft.; thence N. 10 deg 41 min 36 sec W. 445.85 ft,; thence N. 55 deg 41 min 36 sec W. 11.29 ft. to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft., through a central angle of 16 deg 53 min 28 sec, arc distance of 29.48 ft., chord bearing N. 12 deg 46 min 50 sec W. 29.37 ft.; thence S. 55 deg 41 min 36 sec E. 41.09 ft.; thence S. 10 deg 41 min 36 sec E. 458.00 ft. to the POINT OF BEGINNING. (3'` 1N-A --..-n :1/4.,<)0\`\ 14778g 759 Exhibit "C" to Roberts Watermain Easement A.-2-9-121 -Wide.3.9e1PataFet-Yetter Ma 4n Construction EaSement A 30 ft. wide temperary water main construction easement As described as the westerly 30 ft. of the easterly 50 ft, of the following described parcel of land. A part of the N.E. 1/4 of Section, 10., T.3N., R.7E., Highland Township, Oakland County, Michigan, described as commencing at the Center of Section 10; thence S. 89 deg 46 min 53 sec E„ along 'eta East - West 1/4 line of said Section, 2598.12 ft. to the Eant 1/4 Corner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1298.29 ft. Recorded), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1021.19 ft. (1. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thence N. 89 deg 42 min 20 sec W. 318.04 ft. (N. 89 deg 47 sin le sec W. 318.00 ft. Recorded), to the POINT OF BEGINNING; thence N. 89 deg 45 min 49 sec W. 981.26 ft. (N. 89 deg 47 min 13 sec W. 981.29 ft. Recorded) to the North-South 1/4 line of Said Section; thence N. 01 deg 19 Min 52 sec E., along said North-South 1/4 line, 304.55 ft.; thence S. 88 deg 40 min 08 sec E. 180.30 ft.; thence N. 01 deg 15 min 43 E. 222.23 ft. to the Southerly line of "Bretton Oaks Subdivision No.1" as recorded in Liber 164 of Plats, Pages 38-39, oakiand County Records; thence S. 88 deg 48 min 11 sec E. (S. 88 deg 44 min 17 sec E. Recorded) along said Southerly line, 0.10 ft.; thence S. 78 deg 11 min 32 sec E., along said Southerly line, 60.82 ft. (S. 78 deg 10 min 26 sec E. 61.03 ft. Recorded); thenee S. 88 deg 38 min 19 sec E. (S. 88 deg 44 min 17 sec E. Recorded), along said Southerly line, 0.10 ft.; thence S. 01 deg 15 min 4e sec W. 100.00 :t.; thence S. 88 deg 40 min 08 sec E. 215.00 ft.; thence N. 01 deg 15 min 43 sec E. 59.96 ft. to the Southerly line of "Bretton Oaks Subdivision No.1"; thence S. 88 deg 46 min 18 sec E. (S. 68 deg 44 min 17 E. Recorded), along said Southerly line, 101.84 Itc; thence N. 70 deg 39 min 58 sec E., along said Southerly line 148.22 ft. (N. 70 deg 40 min 09 sec 5. 148.04 ft. Rec(nrded); thence Southwesterly along a curve to the left, radius of 100.00 ft., central angle of 26 deg 22 min 35 sec, arc distance of 4C.04 ft., chord bearing S. 38 deg 55 min 10 sec W. 45.63 Et. to a point of tangent; thence S. 25 deg 43 min 52 sec W. 22.00 ft. to a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 180.00 deg 00 min 00 sec, arc distance of 3e4.15 ft:, chord bearing S. 64 deg 16 sin OS sec E. 200.00 rt. to a point of tangent; thence N. 25 deg 43 min 52 sec E. 22.00 ft. to a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 120 deg 32 min 12 see, arc distance of 210.e8 ft., chord bearing N. 34 deg 32 min 14 sec W. 173.67 ft. to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No.I"; thence N. 68 deg 28 min 22 sec E., along said Southerly line, 119.24 ft. (N. 68 deg 35 min 34 sec E. 119.29 ft_ Recorded:1 to the Southeast corner of Lot 15 of said subdivision ; thence 10 deg 41 min 36 sec E. 590.66 ft. (S. 10 deg 43 min a3 sec E. 5S0.86 ft. Recorded), to the POINT or BEGINNING, containing 8.675 acres, subject to the rights of the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also subject to and together with the rights of ingress, egress and public and private utilities over a 60 ft. wide private easement described hereafter, also subject to a 20 ft. wide storm drainage easement described hereafter, also subject to easements and restrictions of record if any. 1V0.15035PC82! OCT I 3 Sq 2-7 2 3-3 6 141cpland -ru3P u3a4-0-r .hyz, Fampiq TIPArri rPitl No-'1 ft0g3ifN CHU - DRRIN CrIIIIITS3TTI 13 OCT 91/ 11;59 AM. 77:7.-Frq 153 - '1 D.. ,*_LEN, : EASEMENT KNOW ALL MEN BY THESE PRESENTS, That FIRST NATIONAL Parcel ACCEPTANCE CO., a Michigan Corporation, 241 E. Saginaw, P.O. Box 4010, East Lansing, Michigan, hereinafter called the Grantor, for and in consideration of the sum of ($ f,0 0 ) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Charter Township of Highland, Oakland County, Michigan. , A part of the Ncirtheast_Lnof Section 10, T3N, Highland Township, Oakland(XmiraTTIEHigan, described as commencing at the center of Section 10; thence S 89°46'53"E, along the East-West 1/4 line of said Section, 2,598.12 ft to the East 1/4 corner of said Section 10; thence N 89°47'30"W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft (N 89°47/13"W, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16'49"E, 1,023.19 ft (N 01°15/00"E, 1,023.21 ft recorded); thence N 89°42'20"W, 318.04 ft (N 89°47/13"W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45'49"W, 981.26 ft (N89°47/131111, 981.29 ft recorded) to the North-South 1/4 line of said Section; thence N 01°19'52"E, along said North-South 1/4 line, 304.55 ft; thence S 88°40'08"E, 180.30 ft; thence N 01°15'43"E, 222.23 ft to the Southerly line of "Bretton Oaks Subdivision No. 1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; thence S 88°48'11"E, (S 88°44/17"E, recorded) along said Southerly line, 0.10 ft; thence S 78°11 1 32"E, along said Southerly line, 60.82 ft (8 78°10/26"E, 62.03 ft recorded); thence S 88°38'19"E, (S 88°44/17"E, recorded), along said Southerly line, 0.10 ft; thence S 01°15 143"W, 100.00 ft; thence S 88°40'08"E, 215.00 ft; thence N 01°15'43"E, 59.96 ft to the Southerly line of "Bretton Oaks Subdivision No. 1"; thence S 88°46 1 18"E, (S 88°44/17"E, recorded), along said Southerly line, 101.84 ft; thence N 70°39'58"E, along said Southerly line 148.22 ft (N 70°40/09"E, 148.04 ft recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft, central angle of 26°22'35", arc distance of 46.04 ft, chord bearing S 38°55'10"W, 45.63 ft to a point of tangent; thence S 25°43'52"W, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 180°00'00", arc distance of 314.16 ft, chord bearing S 64°16'08"E, CALL WENDY RUTHERF060 WHEN READY 80958 efiC RA. tigol5V-4 200.00 ft to a point of tangent; thence N 25°43'52"E, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 120°32'12", arc distance of 210.38 ft, chord bearing N 34°32'14"W, 173.67 ft to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision no. 1"; thence N 68°28'22'E, along said Southerly line, 119.24 ft (N 68°35'34 1E, 119.39 ft recorded) to the Southeast corner of Lot 15 of said subdivision; thence S 10°41 1 36"E, 590.66 ft (S 10°43 ,33"B, 590.86 ft recorded), to the POINT OF BEGINNING. Sidwell No. 11-10-251-017 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A 20 ft Wide permanent water main easement is described as follows: A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland Township, Oakland County, Michigan, described as commencing at the center of Section 10; thence S 8946'53"E, along the East-West 1/4 line of said Section, 2,598.12 ft, to the East 1/4 corner of said Section 10; thence N 89°47'30"W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft (N 89°47'13"W, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16 1 49"E, 1,023.19 ft (14 01°15 1 00"B, 1,023.21 ft recorded); thence N 89°42 ,20"W, 318.04 ft (N 89°47 ,13"W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45'49"W, 20.37 ft; thence N 10°41'36"W, 445.85 ft; thence N 55°41'36"W, 11.29 ft to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft, through a central angle of 16°53'28", arc distance of 29.48 ft, chord bearing N 1246'50"W, 29.37 ft; thence S 55°41'36"E, 41.09 ft; thence S 10°41'36"E, 458.00 ft to the POINT OF BEGINNING. The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. LiErR15035Ft,a3 IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures this 9th day of September , 1994. In presence of e'cl_GEJ.4 (.47 Elberta E. Rose berry FIRST NATIONAL ACCEPTANCE CO., a Michigan Corporation (L. S.) Harriet F. Brown Vice President N. ‘S..3.-1-v•-5-NA (L.S.) Dianne M. Somers (L.S.) (L.S.) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF ) On this 9th day of September , A.D., 1994, before me, a Notary Public in and for said County, personally appeared Harriet F.Brown and to me personally known, who being by me severally duly sworn did say that they are respectively the Vice President and of the FIRST NATIONAL ACCEPTANCE CO., a Michigan Corporation, a corporation created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said Vice President and acknowledged the said instrument to be the free act and deed of the said Corporation. \.) ',L.-k-As•,--4 M. tS-In-rn-t-) DRNWE t I. SOMERS Notary Public .,:irARY PUELIC • EATON COUNT4 1% ' .--'- .r--,- . -N _,-,. MY CCLVASION EY,P1REs 03,66., I My Contuission txpires: This instrument drafted by: James W. Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1907 TEM/kmb WP51-D:\MBIsTER\FNAC.8HW\8/10/94 m4 5T.J5Pc827 0 OAKLAND COUNTY DRAIN COMMISSIONER RIGHT—OF—WAY DEPARTMENT PROJECT EASEMENT PARCEL NO c'V7-/"V"41/ DRAWING _L. OF PERMANENT EASEMENT • • • • • • • • TEMPORARY EASEMENT re= SIDWELL NO. 7 Oct 1 314 2 723 8 7 Latircir- Mo. rWi RSCORDIK; nta - TRAIN DIM $ 2,00 REM C116 - [RAIN CIIMAISSIOR 13 OCT 94 11:59 A.M. °ECEPT i7pi n m4503503?B Parcel EASEMENT RNoW ALL MEN BY THESE PRESENTS, That RICHARD E. ROBERTS and SUSAN D. ROBERTS, his wife, 4576 Bretton Lane, Highland, Michigan 48356, hereinafter called the Grantor, for and in consideration of the sum of ($,/-7-e ) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Charter Township of Highland, Oakland County, Michigan. A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland .Township, Oakland County, ic an, described as commencing at the center of Section 10; thence S 89°46/53"E, along the East-West 1/4 line of said Section, 2,598.12 ft to the East 1/4 corner of said Section 10; thence N 8947'30W, along the North line of "Heritage Farms No. 2" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft (N 89°47 ,13uN, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16'49"E, 1,023.19 ft (N 01°16 ,0010E, 1,023.21 ft recorded); thence N 89°42'20"W, 318.04 ft (N 8947 ,13"W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45'49"W, 981.26 ft (N 89°47/13 11W, 981.29 ft recorded) to the North-South 1/4 line of said Section; thence N 01°19'52"E, along said North-South 1/4 line, 304.55 ft; thence S 88°40'08"E, 180.30 ft; thence N 01°15'43"E, 222.23 ft to the Southerly line of "Bretton Oaks Subdivision No. 1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; thence S 88°48 1 11"E, (S 88°44/17HE, recorded) along said Southerly line, 0.10 ft; thence S 78°11'32"E, along said Southerly line, 60.82 ft (S 78°10 126"E, 61.03 ft recorded); thence S 88°38 ,19"E, (S 88°44f17 1lE, recorded), along said Southerly line, 0.10 ft; thence S 01°15'43"W, 100.00 ft; thence S 88°40 1 08"E, 215.00 ft; thence N 01°15'43"E, 59.96 ft to the Southerly line of "Bretton Oaks Subdivision No. 1"; thence S 88°46'18"E, (S 8844 0 17 11E, recorded), along said Southerly line, 101.84 ft; thence N 70°39'58"E, along said Southerly line 148.22 ft (N 70•40 0 09 11E, 148.04 ft recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft, central angle of 2622'35", arc distance of 46.04 ft, chord bearing S 38°55'10"W, 45.63 ft to a point of tangent; thence S 2543 ,52"W, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 180°00'00", arc distance of 314.16 ft, chord bearing S 64°16'08"E, CALL WENDY WHEN READYREADY 80958 Mgt 684 50 35..PC.S. 200.00 ft to a point of tangent; thence N 25°43'52"E, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 120°32'12", arc distance of 210.38 ft, chord bearing N 34°32'14"W, 173.67 ft to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No. 1"; thence N 68°28 1 22't, along said Southerly line, 119.24 ft (N 68'35f34'E, 115.39 ft recorded) to the Southeast corner of Lot 15 of said subdivision; thence S 10°41'36"E, 590.66 ft (8 1043 1 33 11E, 590.86 ft recorded), to the POINT OF BEGINNING. Bidwell No. 11-10-251-017 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A 20 ft wide permanent water main easement is described as follows: A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland Township, Oakland County, Michigan, described as commencing at the center of Section 10; thence S 89°46 1 53"E, along the East-West 1/4 line of said Section, 2,598.12 ft, to the East 1/4 corner of said Section 10; thence N 89°47 1 30W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft (N 89 .47/13"W, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16 1 49"E, 1,023.19 ft (N 0115 ,0011E, 1,023.21 ft recorded); thence N 89°42'20"W, 318.04 ft (N 89°47'139W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45 1 49"W, 20.37 ft; thence N 10'41 0 36"W, 445.85 ft; thence N 55°41'36"W, 11.29 ft to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft, through a central angle of 16°53'28", arc distance of 29.48 ft, chord bearing N 12°46'50 1 W, 29.37 ft; thence S 55°41'36"E, 41.09 ft; thence S 10°41'36"E, 458.00 ft to the POINT OF BEGINNING. The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. art,/ 2 &Zt (L ) I RIF— To pivot, (L.S.) /4. t p,15 35Prt)Liii IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures this Qt5. day of , A. n. 1994. In presence of ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND On this E./717e, day of -5--5;"1:: "7 Zee:v/2— A.D. , 1994, before me, a Notary Public in and for said County, appeared RICHARD E. ROBERTS and SUSAN D. ROBERTS, his wife, to me personally known to be the same person (s ) described in and who executed the foregoing instrument and acknowledged the same to be their free act and deed. frr'1<-1V - ,t10 Lary PLIb • C County, My Commission Expires: Ct-IAILES V. CIAPHAN Notary Public, tivingston County, MI kriv Commisziop, Expims 214, log This instrument drafted by: James W. Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1907 TEM/kmb WP51-D:\MEISTER\8HIWW.RER\9/13/94 r,ki, 50 35 PE8al, an,c7, OAKLAND COUNTY DRAIN COMMISSIONER RIGHT-OF-WAY DEPARTMENT PROJECT //L.,2,,,L7 74-7x..42 EASEMENT PARCEL NO ,-.Vz%/4.<11/ DRAWING .1-- OF .-L. PERMANENT EASEMENT AintintfoNtint 1 TEMPORARY EASEMENT EMZEI SIDWELL NO /-/- - -5 91 I 2 2 5 0 3' 119fR17270P1699 --vOr- /// wt.() $1.1 311,7417 R7EiCc.ORD_ THIS EASEMENT AGREEMENT made and entered into this 16th day of May, i4Olipep LLeire6riltlid-Cettrinf Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph tUf, n tjgan George W. Kuhn, Oakland County Drain Commissioner, acting as Agent for the Cou4Ubf Oakla efl4kfafter rcallegifrd "Owners") and Prestwick Village Golf Club, a Michigan non-profit corporation, whose addijastis re.StWfajfail, Highlarii0 Michigan 48357 ("Prestwick Village"). WITNESSETH: WHEREAS, the Owners are owners of certain property as Deed Holder, said property being more particularly described as: Part.-4f the Northwest nd the Northeast 1/4 of Section 28, T.3N-R.7E., Highland Township, Oakland County, Michigan, more particularly described as follows: Commencing at the North 1/4 corner of said Section 28; thence along the North-South 1/4 line of said Section 28, S. 01°52'58"E., 363.08 ft.; thence N. 86°56'39"E., 432.49 ft. to the point of beginning of the parcel to be described; thence continuing N. 86°56'39"E., 20.00 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of 185°44'21" and a long chord which bears S. 00°11'10"E., 199.75 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of 185°44'21" and a long chord which bears N. 05°55'31"W., 199.75 ft. to the point of beginning, containing 0.81 acres, more or less. Sidwell ifPt. 11-28-100-004 (the "Property"). WHEREAS, there is located over and within said property certain improvements consisting of a wellhouse, pumps and related appurtenances and two 100 foot isolation ages,swounding is-;" -I d, • se. Said Property having been deeded to the Owners on 544-447 and recorded in Liberf 1I +y Page(s) tP ftt kland County Records to construct, operate, maintain, repair and/or replace said wellhouse and related appurtenances (collectively the 'Water Supply System"); WHEREAS, part of the Property is located on or along the seventh hole of Prestwick Village Golf Course, located in Highland Township, Michigan, Including the fairway, rough, golf cart path and related areas (the "Golf Course"); and WHEREAS, Prestwick Village proposes to construct, operate, maintain, repair and/or replace the fairways, golf cart paths, roughs, and landscaping at the Golf Course and allow its members to ingress and egress the Golf Course to play golf and related activities, all as set forth herein. NOW, THEREFORE, in consideration of the premises and covenants and undertakings hereinafter contained, and for One and 00/100 ($1.00) Dollar, receipt of which is hereby acknowledged, the Owners and Prestwick Village mutually agree as follows: 1. Subject to the provisions of this Easement Agreement, including, without limitation, paragraphs 7, 8 and 9 hereof, Owners hereby grant to Prestwick Village an easement in, over, under and through the Property for the purpose of (a) constructing, operating, maintaining, repairing and/or replacing the Golf Course, including the fairway, roughs, golf cart paths, bunkers, landscaping and related amenities, and the right to plant trees, bushes and shrubs, lay sod, mow the existing fairway and roughs, and the right to construct, operate, maintain, repair and replace an irrigation system for the purpose of maintaining the landscape at the Golf Course and (b) entering upon the Property to play golf, including, without limitation, the right to operate a golf cart on the Property and other activities incidental to the operation, maintenance, repair and usage of the Golf Course. The easement shall be for the benefit of Prestwick Village and its employees, guests, licensees, invitees, agents, contractors, successors and assigns, whose rights shall be derivative of Prestwick Village. Without limiting the scope of the above easement, Prestwick Village shall have the right to construct, operate, maintain, repair and replace two (2) bunkers adjacent to the wellhouse, lay sod on the portion of the Property adjoining the wellhouse and construct an irrigation system for the purpose of maintaining the landscape at the Golf Course. Except as set forth in the preceding sentence, Prestwick Village shall have no right to construct any future additional improvements without the prior written consent of Owners. In order to protect the health, safety and welfare of the public, Owners shall have the sole discretion to grant or deny such requested approval for any future additional improvements; provided, however, that if Owners determine that there would be no adverse impact on the health, safety or welfare of the public from such future additional improvements, Owners shall not unreasonably withhold approval. 2. Prestwick Village shall be responsible for any and all costs for damages and/or repairs to the Water Supply System located at the Property caused by the intentional or negligent acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns or otherwise arising out of, in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof. EASEMENT AGREEMENT \hiu I If ER 17270N700 3. Prestwick Village shall indemnify the Owners against, and shall forever hold the Owners harmless from, any and all losses, liabilities, actions, claims, demands, costs, expenses, injuries or damages of any kind or nature (collectively, "Damages") to the Water Supply System located at the Property (a) caused by the intentional or negligent acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns or (b) otherwise arising out of, in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof. This paragraph shall not apply to environmental liabilities which shall be governed solely by paragraph 6 below. 4. Except as provided below, Owners shall have no responsibility or liability whatsoever for any Injuries or damage to the Golf Course or for any injuries to persons or property arising out of, in connection with or in relation to the construction, operation, maintenance, repair or replacement of the Water Supply System or any part thereof, or the construction, operation, maintenance, repair or replacement of the Golf Course or any part thereof, except for any losses, liabilities, actions, claims, demands, expenses, injuries to person or property or damages to the Golf Course or other damages (collectively, "Claims") caused by any act or omission of Owners or their employees, agents, contractors, successors and assigns, whether negligent, intentional or otherwise (collectively, "Owners Obligation"). Except for Owners' Obligation, Prestwick Village agrees to indemnify and hold harmless Owners and their employees, agents and contractors from (a) any injuries to person or damage to property arising out of, in connection with or in relation to the construction, operation, maintenance, repair or replacement of the Golf Course or any part thereof and Oa) any Claims relating to injuries to persons or damage to property within the areas of the Golf Course (excluding, however, ir6uries to persons and damage to property arising out of, in connection with or in relation to the wellhouse and the Water Supply System). This paragraph shall not apply to environmental liabilities which shall be governed solely by paragraph 6 below. 5. Prestwick Village agrees to use the Property only for the Golf Course purposes set forth in paragraph "I hereof, and only in strict compliance with all terms and provisions of this Easement Agreement, Subject to the provisions of this Easement Agreement, Prestwick Village's right to operate, maintain and use the Property as a golf course shall be subordinate to Owners' right to operate, maintain, repair and replace the Water Supply System. If any improvements at the Property, or any part thereof interfere with the operation, maintenance, repair or replacement of the Water Supply System within the Property, said improvements shall be immediately removed, relocated, or altered as may be necessary, without expense to the Owners. 6. Prestwick Village agrees to provide Owners with a list of all chemical substances to he applied to the Golf Course and the rate of application of such chemical substance on an annual basis. In addition, Prestwick Village will furnish Owners with the relevant (M.S,D.S.) Material Safety Data Sheet for each of the chemical substances to be applied to the Golf Course thirty (30) days prior to application. Prestwick Village shall be responsible for all costs incurred by Owners (upon receipt of appropriate documentation) to test the chemical substances within the Property provided the testing is conducted no more than two (2) times per year or more frequent testing if required by the Michigan Department of Environmental Quality or if there is an environmental risk to the public health. Further, due to the nature of the Owners' facilities at the Property, Prestwick Village shall be responsible for and shall indemnify and hold the Owners harmless from any and all costs and damages relating to the release of any contaminants or hazardous materials (a) as a result of the negligent or intentional acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns at the Property or (h) otherwise arising out of, in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof; provided, however, that in all events, Prestwick Village shall be liable (and be obligated to indemnify Owners) only to the extent Prestwick Village is liable for the release of any contaminants or hazardous materials pursuant to applicable environmental laws. Prestwick Village shall promptly and timely remediate at Prestwick Village's expense any contamination for which Prestwick Village is liable under applicable environmental laws pursuant to and in accordance with such environmental laws. 7. Subject to Owners' right to protect the public's health, safety, and welfare, Owners shall use the Golf Course as a last resort for the purpose of ingress and egress to the Water Supply System and the Properly. If Owners are compelled to ingress and egress through the Golf Course to protect the public's health, safety and welfare or if the Owners need to make' repairs, maintain, make improvements to, or replace the Water Supply System, Owners shall use reasonable efforts to (a) not disturb or damage the Golf Course or any improvements thereon (including the part of the Golf Course within the Property), (b) complete all repairs with reasonable dispatch and (c) not unreasonably interrupt or interfere with play at the Golf Course (including the part of the Golf Course within the Property); provided that Owners can comply with these standards while at the same time protecting the health, safety, and welfare of the public, but if such standards cannot be complied with by Owners while protecting the health, safety and welfare of the public, Owners shall not have any obligation to comply with such standards. 8. If Prestwick Village fails to comply with any of the terms and conditions of this Easement Agreement, Owners shall provide Prestwick Village with written notice of such non-compliance. Notice may be given by personal delivery, telefax, registered or certified mail. Provided that notice is given in one of those manners, notice shall be deemed effective on the date it is sent. Prestwick Village shall have ninety (90) days from the date of such notice to cure such non-compliance to the sausfaction of Owners, in their sole discretion unless compliance within ninety (90) days is not reasonably possible in which event Prestwick Village shall not be deemed to be in breach of this Easement Agreement so long as Prestwick Village has begun to cure such non-compliance and is diligently pursuing such cure. If, however, there is a threat to the health, safety or welfare of the public, the applicable cure period may be shortened to a period of time less than ninety (90) days as determined by the appropriate governmental authorities in accordance with applicable law. 9. In the event that Prestwick Village fails to comply with any term or condition of this Easement Agreement and fails to cure the non-compliance in strict compliance with the provisions of paragraph 8, Owners shall have the right to take such actions necessary to protect the health, safety and welfare by restricting the activities at the Golf Course causing such non- compliance, short of terminating the playing of golf and incidental activities; but if Owners determine that termination of this Easement Agreement is necessary to protect the health, safety and welfare, Owners shall have the right to terminate this 2 PRESTWICK VILLAGE GOLF CLUB, a ivtichiganfit corporation By: Roy/A. Gad;leStAf., Preside COUNTY OF OAKLAND George W. Oakland Cdtmity Drain Commissioner Agent for the County of Oakland mA727N701 Easement Agreement. In that event, Owners are authorized to record in the Register of Deeds Office an appropriate instrument confirming the termination of this Easement Agreement and any and all rights and interests granted hereunder. 10. Prestwick Village shall, at Its cost and expense, maintain a broad form comprehensive policy by the terms of which Owners are named as an additional named Insured. Such Insurance policy or policies shall be maintained on the minimum basis of $1,000,000 for damage to property and $1,000,000 for bodily injury or death per accident. Prestwick Village shall deliver to Owners certificates of the insurance policy(ies) or appropriate declaration provisions. All insurance policies shall contain the provision that thirty (30) days prior to any change, termination or cancellation of coverage, the insurance company will provide written notice to Owners. 11. The terms, conditions, covenants and other provisions contained in this Easement Agreement shall run with the land and be binding upon an inure to the benefit of each of the parties hereto and their respective agents, successors and assigns; further, this instrument shall be recorded in the Register of Deeds Office, Oakland County, Michigan, as a condition precedent to effectuation of the Easement Agreement. 12. This Easement Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the parties relating to the subject matter hereof, and all prior oral or written agreements are hereby terminated. WITNESS: .(-Cikk(ArN kili/V•A Karen S. Mullins Deborah A. Beauvais ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND On this 16th day of May, 1997, before me appeared Roy Gaddey to me personally known, who being by me duly sworn did say that he is the President of the Prestwick Village Golf Club, a Michigan non-profit corporation, and that said instrument was signed on behalf of Prestwick Village Golf Club. Nadia Denysenko, Notafy Public Macomb County, Michigan acting in Oakland County My commission expires: 11/29/2000 3 CIDER 17270PC702 ACKNOWLEDGEMENT STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND ) On this 16th. Day of May, 1997, before me appeared George W. Kuhn, to me personally known, who being by me duly sworn did say that he is the County Drain Commissioner, acting as Agent for the County of Oakland, State of Michigan, a Michigan Constitutional Corporation, created and existing under the laws of the State of Michigan, and that the said Agreement as signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said County Drain Conunissioner acknowledged said instrument to be the free act and cleed. of the said Corporation. an/DA& AV. o"N County, 1Qn1. • My Commission Expires: PAUL E. DOVE Rtal9Patik Coldami CcAthi:; I ItOotutuk:vi BOW) kg. A VP This instrument drafted by and when recorded, return to: James W. Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1907 14; /kW LIBER 2 3 0 5 4m6E 53 0 17629E pri S-30 rSr. ECORLIe READOENTR7HV 06i1E/20C1 RECE1PIN Z,96EJ Pun PEONEIED - OAKLAND CDUNTV IIRDOLL, FHIRESISTER OF DE:EU EASEMENT KNOW ALL MEN BY THESE PRESENTS, That HICKORY HIGHLAND DEVELOPMENT CORPORATION a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169 and COBBLESTONE CONDOMINIUM ASSOCIATION, INC., a Michigan non-profit . corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169, collectively the Grantors, for and in consideration of the sum of ONE (81.00) DOLLAR paid to them by the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac Michigan 48341, do hereby grant to the County a permanent easement to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Township of Highland, Oakland County, Michigan. A part of the Southeast 1/4 of Section 20, T-3-N, R-7-E, Highland Township, Oakland County, Michigan, being marpai-IienTaily-IWilbed as commencing at the Southeast corner of said Section 20, thence N 02° - 36' 06" W 1852.88 feet along the East line of said Section 20 to the point of beg g; thence S 63° 03' 27" W 100.28 feet; thence N 13° 34' 18" E 25.71 feet; thence N 04 0 05' 01" E 163.82 feet; thence N 54' 40" E 177.37 feet; thence N 780 39' 53" E 23.97 feet to a point on the East lino of said Section 20; thence S 020 36' 06" E 322.17 feet along said East line to the point of beginning. SibweLL -20 -460- ooS i- 0F) A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: See Exhibit "A" (Easement "F") The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. Any construction of any facility other than a facility directly related to the operation of the water system and any creation or construction of any holding ponds, lagoons or other such water retaining or processing facilities shall require the prior approval of the Highland Township Board, the Timber Ridge Homeowners Association and the Cobblestone Condominium Association (or their respective successors or assigns). All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. The above described easement is depicted as Easement F on Exhibit A, attached. CALL PAM DOVE WHEN READY 13Ctr-Tel LO Easement F MA V .2001 HICKORY CORPORA Qjhj C3-13-1,0 )7214"4/...-- By: Tr rr c 'Ittbrek,/e- pitht: alp/tat-am COBBLEST INC., a NE WITNESSES: print: „c-) ASSOCIATION, rati A:Mathew (&iluk, U, President (ALL print: lid37tee C, By: Its: e'S LI BER 2 3 0 5 4 PAGE 5 3 1 19 214 IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures this / day of STATE OF MICHIGAN ) ss COUNTY OF OAKLAND ) On this rn 9 day of N/4 117 , 2001, before me, a Notary Public in and for said County, appeared A. Mathew Kiriluk, II to me personally known, who being duly sworn by me did say that he is the President of Hickory Highland Development Corporation, a Michigan corporation, and that said instrument was signed in behalf of said company. STATE OF MICHIGAN ) ss TERRI COONS NURKALA COUNTY OF OAKLAND ) Notary Public, Oakland County, MI My Commission Expires Aug 7,2004 9114 On this day of mil Y , 2001, before me, a Notary Public in and for said County, appeared Pr .re.a V—;c,1...ss— to me personally known, who being duly sworn by me did say that (he/she) is the W cct., of Cobblestone Condominium Association, Inc., a Michigan non-profit corporation, and that said instrument was signed in behalf of said company. Ocs-EN, Notary Public, 0 County, Michigan My Commission Expires: Avi Th This instrument drafted by and when recorded return to: GREGORY I. GAMALSKI, Esq. Maddin, Hauser, Wartell, Roth, Heller & Pesses, P.C. 28400 Northwestern Hwy., 3rd Floor Southfield, Michigan 48034 (248) 827-1893 2495t)lv2 TERRI COONS NURKALA Notary Public, Oakland Count, MI My Commission Expires Aug 7,2104 Easement F Notary Public, Oe..tc-kc,,..1. County, Michigan My Commission Expires: Pss-kj i. SW, COR. SEC. 21 T.3N.,R.7E. SE. COR. SEC. 20 T.3N.,R.7E. SR. I of 1 DATE: 05-16-01 R.P. T5H1 M P °7/5'3°1 P.C. 4814 JOB# 96-2796 FAX 517/ 548-0049 'SURVEY q OF M-59 (PUBLIC) —200 FT. HALF RD. R/W- 4/),) 'Brad F. Thompson, P.E., P.S.1123828 Registered Professional Englneer & Land Surveyor 1520 Gulley Rood, Howell Michigan 48843 LIBER 2305 4 rA6632 E. 1/4 COR:-1---- W. 1/4 COR, 20 SEC. 21 EXHIBIT '`A" SEC. T.3N.,R.7E. EASEMENT "F' Southeast 1/4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20; thence North 02 degrees 36 minutes 06 seconds West 1852,88 feet along the East line of said Section 20 to the POINT OF BEGINNING; thence South 63 degrees 03 minutes 27 seconds West 100.28 feet; thence North 13 degrees 34 minutes 18 seconds East 2571 feet; thence North 04 degrees 05 minutes 01 seconds East 163.82 feet; thence North 10 degrees 54 minutes 40 seconds East 177.37 feet; thence North 78 degrees 39 minutes 53 seconds East 23.97 feet to a point on the East line of said Section 20; thence South 02 degrees 36 minutes 06 seconds East 322.17 feet along said East fine to the POINT OF BEGINNING. \ 43 rt /21 46 N7B.39'53:T.! 23-91.„--Th n P.O.B. ESMT. "F" 41-240 N 1/ LIBER23054pAGE533 29'6 LT3ER 230S4 ?AK' E33 K1'3,7. RECOP.Ntri REKNOENTRTTrg. 56//7/2?1:11 C19 '4.1 P.11, iTEC:IPTt.:- 39lYSS PITI RECRDED - 0:20 AND CCUNTY KL1.3:;::14 CADDELL, CLERFF.EGISTEF.: CF DEUS CALL PALL DOVE WHEN READY 83984 KNOW ALL MEN BY THESE PRESENTS, That HICKORY HIGHLAND DEVELOPMENT CORPORATION a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169 and COBBLESTONE CONDOMINIUM ASSOCIATION, INC., a Michigan non-profit corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169, collectively the Grantors, for and in consideration of the sum of ONE ($1.00) DOLLAR paid to them by the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac Michigan 48341, do hereby grant to the County a permanent easement to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Township of Highland, Oakland County, Michigan. A part of ts_he§slutheasf.4../4 of Section 20, T-3-N, R-7-E, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20, thence N 02° 36' 06" W 1358.24 feet along the East line of said Section 20 to the point of beginning; thence S 60° 50' 00" W 242.68 feet; thence N 16° 52' 34" W 127.23 feet; thence N 04° 15' 13" W 43.48 feet; thence N 24° 39' 06" E 117.93 feet; thence S 65° 20' 54" E 162.32 feet; thence N 87° 23' 54" E 51.38 feet to a point on the East East lin of said Section 20; thence S 02° 36' 06" E 88.74 feet along said East line to the point of beginning. g.-r- occ-P 4t. k 2-0P7 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: See Exhibit "A" (Easement "D") The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. Any construction of any facility other than a facility directly related to the operation of the water system and any creation or construction of any holding ponds, lagoons or other such water retaining or processing facilities shall require the prior approval of the Highland Township Board, the Timber Ridge Homeowners Association and the Cobblestone Condominium Association (or their respective successors or assigns). All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. The above described easement is depicted as Easement D on Exhibit A, attached. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures this c)-1-14 day of VA AN' ,2001 O.K. - liarttnent D EASEMENT print: T-; Qo n-kr- LLt- 15rint:',4"/ZdC. "40m0/Zilc:A STATE OF MICHIGAN ) COBBLESTO INC., a Mic By: Its: Pr-es, -A1SOCIATION, corpoia)io'n tarj 79/-44L-1— Notary Public, (')Mcic..9— 'County, Michigan My Commission Expires: i2 i .a-oc4 TERRI COONS NUKUILA Notary Public, Oakland County, MI My Commission Expires Aug 7,2004 ) ) ss ) LIBER23054PA6E534 HICKORY HIGHLAND DEVE/E6MENT CORPORATION, a gichigarrcorporation /7 / / WITNESSES: --Lu\.AL C rti"...I— By: / pri - 'Ted( giVlatheKiriluk, II, President &i 'CI,P7116-fietk L . ) SS COUNTY OF OAKLAND ) On this 970 day of M , 2001, before me, a Notary Public in and for said County, appeared A. Mathew Kiriluk, [Ito me personally known, who being duly sworn by me did say that he is the President of Hickory Highland Development Corporation, a Michigan corporation, and that said instrument was signed in behalf of said company. STATE OF MICHIGAN COUNTY OF OAKLAND On this 9 rd day of 1,4 /14 , 2001, before me, a Notary Public in and for said County, appeared pi. kw;itt rE to me personally known, who being duly sworn by me did say that (he/she) is the 2ra ; of Cobblestone Condominium Association, Inc., a Michigan non-profit corporation, and that said instrument was signed in behalf of said company. Notary Public, Dc4._.1c..A‘.Q. County, Michigan My Commission Expires: -1, ot This instrument drafted by and when recorded return to: GREGORY J. GAMALSKI, Esq. Maddin, Hauser, Wartell, Roth, Heiler & Pesses, P.C. 28400 Northwestern Hwy., 3rd Floor Southfield, Michigan 48034 (248) 827-1893 249800v2 TERRI COONS NURKALA Notary Public, Oakland County, Ml My Commission Expires Aug 7,2004 Easement D 1,1 I- 112 I 413/4' esp., `)-21 lpie 51.38' ".J-..1 N87'23'54°E S 02'36'06" E 2455,01' EASEMENT 'V A part of the Southeast 1/4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20; thence North 02 degrees 36 minutes 06 seconds West 1358.24 feet along the East line of said Section 20 < to the POINT OF BEGINNING; R` co thence South 60 degrees 50 ‘U'r) minutes 00 seconds West 242.68 o 7. feet; thence North 16 degrees ±" 52 minutes 34 seconds West 0 z 127.23 feet; thence North 04 c7.4 degrees 15 minutes 13 seconds cc a West 43.48 feet; thence North z 24 deg 39 minutes 06 seconds Lo ii72 East 117.93 feet; thence South ;) 65 degrees 20 minutes 54 u_Ei- seconds East 162.32 feet; thence 0m North 87 degrees 23 minutes 54 :D LJJ u) seconds East 51.38 feet to a wcn point on the East line of said Section 20; thence South 02 Z (1) degrees 36 minutes 06 seconds 8 East 88,74 feet along said East line to the POINT OF BEGINNING. SW. COR. SEC. 21 'SURVEY OF M-59 (PliEiL1C) —200 FT. HALF RD. R/W- DATE- 05-16-01 B.F. T5H107r548S0N.i142 P.C. Jog# 96 -2796 FAX 517/ 548-0049 Brad F. Thompson, P.E., P.S.#23828 Registered Professional Engineer & Land Surveyor 1520 Gulley Road, Howell, Michigan 48843 LII3ER 23054;1E535 E. 1/4 OCR: SEC. 20 T.3N.,R.7E, W. 1/4 COP. SEC. 21 EXHIBIT "A" T.3N.,5.7E. 1 14 JUN 2 9 n04 ill; ,., )_,.,..._ O W. Cake.' Pccc.,- a: Det•ds OeMand Couno, M' i 1IBER3 3 4 5 8 116 14 9 441 1-}1-rielk.1,S LIBOR 33458 PAGE 449 $19.00 MISC RECORDING 44.00 RENONUNENTATION 06/30/204 01t3D1E P.N. RECEIP14 00465 PAID RECORDED - OAKLAND COUNTY G.WILLIAt CADDELL? CLEWREGISTER OF DEEDS WATERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that DM.G Investments, a Michigan Co-Partnership, for and in consideration of the sum of ($1.00) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a waterrnain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION HERE SEE EXHIBIT "A" Skr›we-i-L it - -30t ozb A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others permission to build any permanent , — structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this -ea day of 4vL.J , A.D., 2004. RETURN TO P.c. DRAIN- KIM BROWN CALL WHEN READY 0 #130969 WITNESSES: FOR PICK-UP (Two Required) Signature: Print Name in Black Ink 0.K. AW ;set 6. .-Bur1_14rt LER3 3 Li 58 F614 50 Signature: Print Name in Black Ink: je0(11-4e. fi-cc/e. GRANTOR: Print Name in Black Ink: WIG Investments Beneditte DiPonio, Partner Address: 1313 Bay Ridge Drive Highland, Michigan 48357 Signature: Xcc ta-Pc>.ck lc) — ACKNOWLEDGEMENT State of Michigan) )ss County of Oakland) On this 3-day of C1-13;1-i- , A.D., 2004 before me a Notary Public in and for said County, appeared Beneditto DiPonio, Partner in DMG Investments., to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. dr„.. Drafted by/Return to Notary Public .64 A .( (fa' M Oaidand County, Michigan Acr—np L t-1 CM-kJ...41,441> My Commission Expires 1 ) J-6 / . Highland Charter Township 205 N. John Street Highland, Michigan 48357 Parcel 11-27-301-028 o(- LIER3 34 5 8 P[)-1.Si EXH113IT "A" PINE RIDGE Water Main Easement A 20 foot wide easement for water main, the centerline of which is described as follows: A part o • k • • Range 7 East, Highland Township, Oakland County, Michigan and being more particularly described as follows: Commencing at the W 1/4 Corner of said Section 27; thence South 1324.17 feet; thence N 89°18'13" E 901.04 feet to the Point of Beginning; thence along said centerline N 00°37'12" E 48.27 feet; thence N 05°47'24" E 111.05 feet; thence N 02°54'03" W 138.95 feet; thence along an arc of a curve to the right 179.79 feet, said curve having a radius of 586.30 feet, a central angle of 17°34'12" and a chord bearing and distance of N 37°16'05" W 179.09 feet; thence N 19°03'41" W 11.89 feet to the Point of Ending being located on the southerly right-of-way line of Avanti Lane. 14- I 1-Z1- 30( -67-S Property Description Land in the SW 'A of Section 27, Town 3 North, Range 7 F-at, Highland Township, Oakland County, Michigan, more particularly described as commencing at the W V4 Corner of said Section 27; thence South 1324.17 feet; thence N 89°18'13" E 546.70 feet to the Point of Beginning; thence N 02°42'37" E 462.62 feet; thence along a curve to the left of radius 345.11 feet, an arc distance of 437.45 feet, chord bears N 74°21'56" E 408.74 feet; thence along a curve concave to the right of radius 150.00 feet, an arc distance of 132.07 feet, chord bears N 63°16'33" E 127.85 feet; thence N 88°29'59" E 61.94 feet; thence S 00°20'54" W 377.00 feet; thence N 88°42'59" E 115.61 feet; thence S 00°00'45" E 248.40 feet; thence S 89°18'13" W 705.00 feet to the Point of Beginning. Containing 7.447 acres. Subject to any easements, restrictions, and/or rights of way of record, if any. (--21-3b(--62 20' WATERMAIN EASEMENT WATERMAIN 23 WATERMA1N EASEMENT WATERMAIN it vowel! & Associates A Engineers, Inc. Consulting Civil Engineers "Engineering A Better Michigan" 1ltER33 1+58 ?L452 EXHIBIT "B" PINE RIDGE APARTMENTS 110 Audubon, SuiteA White Lake, MI 48383 Phone: (248)-889-9669 Fax: (248)-889-9779 email: powell@teleweb.net SKETCH OF WA TERMAIN EASEMEN T DRAWN BY: ESS CHECKED BY: MCP SHEET No. 1 OF 1 SCALE: 1" = 100' JOB No. 01W103 DATE: 04/16/04 Black Ink El,--2,4c-H, ...77 o r CLIC -AVV Signature: Print Ilraine in (.1 C./ E JUN z 211114 i L.--- — _ G.W. Caddell ilq--',,,c,r n);I:v T..s 1 Oakland Cc6ni,... , IA[03458 911_1453 4#41 4 ITWW-S 25,7227 LIBER a:3452 POE 453 $1,Loo raw RECORDING 14.0;) REKONMENTAYION 06/30/2004 01:3719 PA, RECEIPU EMB PAID RECORDED - OAKLAND OMIT GaILLIA4 CADDELLr CLERK/REGISTER OF DEEDS WATERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VISTAL LAND & HOME DEVELOPMENT, L.L.C., for and in consideration of the sum of ($1.00) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a watermain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION HERE SEE EXHIBIT "A" StDvse.u._ — 02- (•,/ A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this 21 day of Pcv r , A.D., 2004. WITNESSES: (Two Required) BEWBE TO QC, DRAIN • KIM EIRCN. CALL WHEN REAnY 00969 FOR PICK-UP Signature: LIER33458 ME451+ GRANTOR: Print Name in Black Ink: VISTAL LAND & HOME DEVELOPMENT, L.L.C. Ernaldo Stenta, Member Address: 46870 Seven Mile Road Northville, Michigan 48167 ACKNOWLEDGEMENT State of Michigan) )ss County of Oaldand) On this.;2- day of a , AD., 2004 before me a Notary Public in and for said County, appeared Ernaldo Stenta, member of Vista] Land & Home Development, L.L.C., to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. Drafted by/Return to: Nany PubliV LS Oakland County, Michigan A c-T7 0-tv, C., A- t:: My Commission Expires /0 hi /.--1,0 W-41-aCIK-ItaterTansTh "\ 205 N. John Street Highland, Michigan 48357 Parcel 1.1-27-30l-026 L1BER3 3 5 8 PI [455 EXHIBIT "A" HIDDEN CREEK PINES Watermain Easement A 20 foot wide easement for watermain, the centerline of which is described as follows: A part of the SW V4 of Section22,_Towtr-311-01a, Range 7 East, Highland Township, Oakland County, Michigan and being more particularly described as follows: Commencing at the West V4 Corner of said Section 27; thence due South 49.50 feet, along the West Line of said Section 27; thence N 89°42'06" E 1142,19 feet; thence S 00°20'54" W 581.65 feet to the Point of Beginning; thence along said centerline on an arc of a curve to the left 241.25 feet, said curve having a radius of 251.52 feet, a central angle of 54°57'22" and a chord bearing and distance of S 66°18'13" W 232.10 feet; thence along an are of a curve to the right 184.87 feet, said curve having a radius of 357.92 feet, a central angle of 29°35'40" and a chord bearing and distance of S 52°48'22" W 182.83 feet; thence S 23°14'08" E 35.48 feet to the Point of Ending being located on the southerly right-of-way line of Avanti Lane. Property Description Land in the SW 1/4 of Section 27, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan being more particularly described as follows: Commencing at the West 1/4 Corner of said Section 27; thence due South 49.50 feet along the West Line of said Section 27; thence N 89°42'06" E 802.00 feet to the Point of Beginning; thence N 89°42'06" E 340.19 feet; thence S 00 02054" W 642.61 feet; thence S 88°29'59" W 61.94 feet; thence along a curve concave to the left of radius 150.00 feet, an arc distance of 132.07 feet and a chord bears S 63°16'33" W 127.85 feet; thence along a curve concave to the right of radius 345.11 feet, an arc distance óf437.45 feet and a chord bears S 74°21'56" W 408.74 feet; thence N 20°40'44" E 30.00 feet; thence along a curve concave to the right of radius 315.11 feet, an arc distance of 218.52 feet and a chord bears N 49°27'15" W 214.17 feet; thence N 42°14'53" E 312.06 feet; thence N 52°08'54" E 232.26 feet; thence N 01°37'02" W 269.39 feet to the Point of Beginning. Containing 8.509 acres. Subject to any easements, restrictions, and/or Rights of ways of record, if any. Also subject to and together with an easement for ingress-egress and public utilities. z 20' WATERMAIN. EASEMENT powell & Associates A Engineersi lock SI Consulting CiviLnginers 'Engineering A Better Michigan" LIOER3 314 5 8 Pi314 5 6 EXHIBIT "13" HIDDEN CREEK PINES 110 Audubon, Suite A White Lake, MI 483113 Phone: (248).889-9669 Fax: (248)-889-9779 powell@teleweb.net SKETCH OF WATERMAIN EASEMENT DRAWN BY: ESS CHECKED BY: MCP SHEET No. 1 OF 1 SCALE: 1" = 100' JOB No. 01 W103 DATE: 04/16/04 LII1ER33458 ?13 457 41 14 rrt..)V-tS 293223 LaER 458 RAE 43? usao ALEC RECOROM t4.01) RENDUENTATION 06! /2004 O1*,711? P5 RECEIPTS PAID RECORDEO - OAKLAND MIXT &WILLIAM CADDELL? CLERK/REOISTER OF DEEDS WA,TERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that M.A.R. DEVELOPMENT, L.L.C., for and in consideration of the sum of ($1.00) paid to them by the County of Oaldand, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a wateimain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION llERE SEE EXHIBIT "A" Su U-2.7- - Od-7 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS; SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this day of ml , AD., 2004. WITNESSES: (Two Required) Signature: Print Name in C- rn-k-V\ CA,_ L. `41.A.:7_—__Lr Black Ink: B.EDBN TO O.C. DRAIN - KIM BROWN CALL, WHEN READY 48,1;1969 FOR P2K-UP CLIC AW Signature: [E33458 PL1458 Signature: Print Name in Black Ink: GRANTOR: Print Name in Black Ink: MAIL DEVELOPMENT, L.I.C. Walter L. Rickens, Partner Address: 11003. Milford Rd. Milford, Michigan 48357 ACKNOWLEDGEMENT State of Michigan) )ss County of Oakland) On this day of /11.9',A , AD., 2004 before me a Notary Public in and for said County, appeared Walter L. Rickens, partner of MA.R DEVELOPMENT, L.L.C., to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. g NotO Public -y/6/ Le-c' Oakland County, Michigan My Commission Expires Drafted by/Return to: Highland Charter Township - 205 N. John Street Highland, Michigan 48357 Parcel 11-27-301-007 ii0ER33 1458 PA59 EXHIBIT "A" RICKENS PROPERTY Water Main Easement A 20 foot wide easement for water main, the centerline of which is described as follows: A part of the sw V4 of Section 27, Town 3 North, Range 7 East, Highland Towns , clign—rr--.angan d being more particularly described as follows: Commencing at the West V4 Corner of said Section 27; thence N 89°29'03" E along the East-West 'A Line of said Section 1492.46 feet to the centerline of Milford Road (120 feet wide public right-of-way); thence S 00°23'51" W along said centerline 627.90 feet; thence S 88°06'33" W 33.03 feet to the Point of Beginning; thence along said centerline S 8806'33" W 317.20 feet to the Point of Ending. Property Description A parcel of land being part of the Southwest 1/4 of Section 27, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan., being more particularly described as follows: Commencing at the West 1/4 Corner of said Section; thence N 89°29'03" E along the East and West 'A Line of said section, 1492.46 feet to the centerline of Milford Road (120 ft. wide public right-of-way); thence S 00°23'51" W along said centerline 397.50 feet to the Point of Beginning; thence continuing S 00°23'51" W along said centerline, 282.29 feet; thence S 89°23'58" W 350.00 feet; thence N 00°23'51" E 282.81 feet; thence N 89°29'03" E 350.00 feet to the Point of Beginning, contnining 2.270 acres, subject to and together with a 60 ft. wide private easement for ingress, egress, public and private utilities and subject to the rights of public or any governmental unit in any part thereof taken for street, road or highway purposes, also subject to easements and restrictions of record, if any. ti-T1-3b(- rpowe.li & Associates Engoneers, Inc, Consulting Civil Engineers "Engineering A Better Michigan" TER3 3 14 5 8 R311, 6 EXHIBIT "B" RICKENS PROPERTY 20' WATERMAIN EASEMENT 110 Audubon, Suite A White Lake, MI 48383 Phone: (248)-889-9669 Fax: (248)-889-9779 email: powell@telewehnet SKETCH OF WATERMAIN EASEMENT DRAWN EY: ESS CHECKED BY: MCP SHEET No. 1 OF 1 SCALE: 1" = 50I JOB No. 01W103 DATE: 04/15/04 ' DAMAO COUNTY REGISTER OF UPS ECElVE . , tag ocIO M1 1O59 UBER4 1696 PG6 8 9 2161339 USER 41496 PAGE $8? $19,00 NISC RECORD/NG $4.00 REKONUNENTATIDN 12/14/2009 1208$06 P,N. RECE1PT$ VBP79 11 11 NI/ 11111 Ill P410 RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS EASEMENT Project: #34 HITWWS KNOW ALL MEN BY THESE PRESENTS, That MICHAEL T. McDONALD, silia whose address is 786 W. Highland Rd., Highland, Michigan 48357 hereinafter called the Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) paid to him by the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the RETURN TO WRC KIMBERLY BEtOWN ALL ti-0469 WHEN READY C FOR PICK UP A parcel of land located in the East '72 of the_Epst_.ih_s_ifLacqsan_21,s.,3., , Township of Highland, Oakland County, Michigan, more particularly described as: Beginning at a point which lies N. 00-29'14"W., 81.60 ft. and S. 89.30'46"W., 677.39 ft. from the East 1/4 corner of said Section 21; thence S. 00.17'10"E., 591.76 ft.; thence S. 89.38'31"W., 662.41 ft.; thence N. 00.21'29"W., 590.27 ft.; thence N. 89.30'46"E., 663.16 ft. to the Point of Beginning. Containing 8.99 acres of land. Sidwell No. 11-21-426-010 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A parcel of land located in the E 'A of the E 'A of Section 21, T3N, R7E, Township of Highland, Oakland County, Michigan, the centerline of which is described as follows: Beginning at a point which lies N,00°29'14"W., 81.60 ft. and S.89°30'46"W., 677.39 ft. and S.00°17'10"E., 114.66 ft. from the East V% Corner of said section; thence 8.89°42'50"W., 54.50 ft. to a point of ending; thence, from said point of beginning, S.00°17'10"E., 467.10 ft. to Point "A"; thence from said Point "A", the centerline is described as follows, S.89°38'31"W., 375.66 ft. to a point "B"; thence N.00°21'29"W., 25.00 ft.; thence from said point "B" S.89°38'31"W., 116.55 ft. to a point '`C"; thence continuing S.89°38'31"W., 114.50 ft. to a point of ending; thence from said Point "C"; N.00°31'08"W., 304.19 ft. to a point "D"; thence N.89°28'52"E., 30.00 ft.; thence from said point "D"N.00°31'08"W., 276.45 ft. to the point of ending which lies on the Northerly line of the above-described property. q_zr6„z51c) Township of Highland, Oakland County, Michigan. PROPERTY DESCRIPTION A El tt1:12C4 In presence of Oh\'\ WayyvA MICHAEL T. McDONALD LiflER4 I 6 9 6 Pc6 9 0 The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. Also granted herein, is the right of ingress and egress for the operation, maintenance and repair of the facilities located upon the subject property. This shall include the right of the Grantee to enter upon, access and use any and all presently existing or future driveways or related vehicular -access areas of the Premises, for the purposes of providing access and work space for the operation, maintenance, repair and/or replacement of the water supply System. IN WITNESS WHEREOF, the undersigned have hereto affixed his signature this 644' day of Nov , A.D., 2009. -2- My Commission Expires: 02-4-2, NIG t r..1 a, lb- '4.1.--Ari,11:1, 110Efit; 1 6 9 6 r6 9I ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND) On this 6A day of Alo , A.D., 2009 before me, a Notary Public in and for said County, appeared MICHAEL T. MeDONALD to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be his free act and deed. This instrument drafted by: Julie May Lee Contracting 631Cesar E Chavez Ave., Stel 10 Pontiac, MI 48342 JSP/dh dhor,lanan fi 1.11:7 : Vkaasernenta -3- Form-DC-175 EASEMENT SKETCH UNA 1 696 Pr6 92 1121200010 112[200005 SCALE: 1" = 150' 1121426014 011 1121401002 1121426011 1121426007 100 0,-59) -141O NOTE: NO FIELD WORK PERFORMED. DESCRIPTION TAKEN FROM RECORD. PROJECT: #34 HITWWS PERMANENT EASEMENT rc40.41. • r • •••4 n•n EASEMENT PARCEL NO. 1-2009 DWG. 1 OF 1 511) WELL NO. 11-21-426-010 PART OF E 1/2 OF E 1/2 OF SECTION 21, T3N, R7E, SECTION 21 JOHN P. MeCULLOCI-1 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.:11/06/08 LiBER4 2 14 8 -1 n3 9 3 EASEMENT .',241S7 PkiE Fi NISI; WCORDIN5 REFIONUMEHTATIng 1J/22/2Ja 1112no A.r. REFEtFTI 81368 HU 111 IIII II PAID RECDRED - OAKLAKD MAT! RUM AWN, 1LERK/5T15I55E5 OF KEM 79556,S7 USER PRE PAVER TX CT-JW:NED T,X1 54-70 TRAEFER lU,COUTHED IrJ/7_2rAU 11 1 12.1.2 5.5. PICEIPT sia65 11 11 MEI 3 11 1 I 111 PAH FG3RDED - 15111141 COUNT ROW JOEISON, CLERK/REGISTER OF DEEDS Parcel No. HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST dated April 13, 2005, GRANTOR, whose address is 1754 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of ($,,256, crY ) receipt of which is hereby acknowledged, paid to her by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency' whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE do/does hereby grant to the said GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): Part of the Southeast 'A of Section 14, T.3N., R.7E., Highland Township, Oakland CourAy, Michigan, described as: Beginning at a point distant East 308 ft. from center of said section, thence East 154 ft.; thence S. 00°01'00"E., 282.85 ft.; thence West 154 ft.; thence N. 00°01'00"W., 282.85 ft. to the point of beginning. Sidwell No. 11-14-400-004 and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to the Premises in order to construct, operate, maintain, repair or replace a water supply system. SEE ATTACHMENT "K 11 STATE OF Ivzoreat. REAL ESTATE IVI1CHIG TRANsFERTA4 OAKLAND $.n CO * 10/22/2010 Otb-VjA 13,75 11* 62760 * 81061 ° AnK usER4 2 4 8 7 ?13 9 14 IT IS THEREFORE AGREED: 1. Grant of Temporary Easement. Grantor hereby grants to Grantee a temporary easement for the construction of the water supply system, described as follows, and which shall terminate upon completion of construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above-described parcel. 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: The South 5.0 ft. of the North 38.0 ft, of the above-described parcel, 3. Purpose of the Easements. The temporary easement granted herein shall be used only for the initial construction of the system in accordance with the plans and specifications approved by the GRANTEE. The permanent easement granted here in shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. 4. General Conditi011S. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement. Permanent structures, include but are not limited to, fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. -2- AA 2 8 7. Fc395 e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Patties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval from the GRANTEE, its heirs, successors or assigns. g. A map of the above-described Easement is attached hereto and made a part thereof. Ii. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. J. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3- BARBARA J L{D' (4) 0-44(ia (Ls.) ARDLOW, TRUSTEE (LS.) ' Notsrj Publk, State MIchlpan County of 0 141aitd • corrimis1do.5apiru ay ; 5, 0)) Zlcting fn the CoU nty JUANITA J LEGIlli Vic/d/& 7 /49'nf,d i No 'ublic (lefg(014 CountY, My Commission Expires: L5F.R4 2 4 8 7 pc3 9 - I. It is understood and agreed between the Parties that a failure by either Party to fulfill a condition or term set forth in this Easement shall not result of extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. IN WITNESS WHEREOF, the GRANTOR have hereunto affixed her signature this r:)-1 - )0 day of WITNESSES: oc,us7-r , A.D., 2010. BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST, dated April 13, 2005 2-isP, 6 . "Ocal4 t-i-p<ox 'NEW (E- 8)- ReVite4 on 870112010 Kimberly Brown's fi1esNbAEASEMENTNNEW(E-Sy10,SAV (7/al Min) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this ,.?3 day of ( (/// - . , A.D., 2010 before me, a Notary Public in and for said Count appeared BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST, dated April 13, 2005, to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be her free act and deed. This instrument drafted by: Paul E. Dove, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Building 95 West Waterford, Michigan 48328-1908 A- Acknowledgement — Revised 10/31/01 PED/kmb Kimberly Orown'A filbellMHIGRANOTOWNSHINGONNYi0.FW WARDLOW1O.P5 (7/22/2010) MAN MANY PUECC,STAIE ORA COM CF1408/14 COMISSION EXPO:MAP 42014 AO1ING1N =WY OF WOAD WARD LOW ROAD r 33.00` EAST & WEST 114 LINE T\IL-08.00' 154.00' Form-DO-175 EAsEmiRoMaaHl% JERI+ 2 8 7 rt3 9 7 NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD, SCALE: 1" 50f CENTER SECTION 14 HIGHLAND TWP. T.3 N., R. 7 E. 5.00 15.001-1 WIDE WIDE PERMANENT TEMPORARY EASEMENT EASEMENT 11-14-400-004 154.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/28/2010 PERMANENT EASEMENT 117411WVIIINIF* ••••••••4I 11,04, •••• EASEMENT PARCEL NO. 5 DWG. 1 OF 1 TEMPORARY EASEMENT SIDWELL NO. 11 -14-400-004 Part of the SE 1/4 of See, 14 Highland Township, Oakland County, Mielligan RAIN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev. :08/01/01 Leat4 2 14 8 7 Pc3 9 8 ATTACHMENT "A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 5 Barbara J. Wardlow SID WELL NO. 11-14-400-004 Revocable Living Trust 1754 E. Wardlow Highland, MI 48356 1. If any of the trees being 6" in diameter and larger are removed from the permanent easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" — 2 1/2" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of free removed that is 6 inches in diameter and larger. (Example for information purposes only: 24" Oak tree removed would receive three (3) trees 2"- 21/2" diameter nursery stock Deciduous trees.) 2. It is agreed that all frees and shrubs located in the temporary construction easement shall be preserved and protected at all times, if any of the trees being 6" in diameter and larger are removed from the temporary easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" —2 %" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of Deciduous tree removed and/or each 8 ft. of height of Conifer tree that is removed. Landowner shall receive one (1) nursery stock shrub being two (2) feet in height to be planted by the County for each 3 ft. in height of shrub that is removed from the temporary construction easement area. /3: ANy 4-ALPN) Aft-4.4 4),(1,-(AW) Ovi fe) cn.igrit.ue_Mv.) coALL friut.,y(c 6'V -rig co,),•)1Y. .Y 1 („ciaL4if. 0/CrKwAly f)1 ,-4/4 -0 (.40 OP14 1 COP-IffO el('-) ge,- Re-IA.1/w) A/(4L, 114,0e/ e0 y-i e'lle; (00,57y -lb fxaf\i,6-fey-) c.Arruit-g-/ c-r< 1 -4,ar4(0A 0-141mA)( -Mu( ROPERTY OWNER(s e INITIAL(S): DATE: L.7.- ( BSC/Icmb Kimberly Brown's fiks f_x highlandtwpwcterInterconnection.ec WAIMOWTRU5T10.P5 (9-17-2010) (9-21-2010 to , 1 14 11E1E421487 P1399 EASEMENT WS 97 L ._d E247 PAGE 525.170 MISC RECORDING R-NOWNENTATION 11',/22/2u1D 11:1206 A.r, RECEIPTt Ii JI 11111 1111 111111 111111111 PAID RECORDED - OAKLAND COUNTY RJTH JOHN30iir r:LERK/REGISTER OF DEEDS 79546E43 LIBER KGE $.0o TRANSFER TX CONDO $.,c41 MOWER T( C:01BINED 1)/22/2010 1112111 AA RECEIPT 21645 II J 1 1111 i 111) I PAID RECORDED - OAKLAND COUNT ROTH JOHHEU, CLERTIRMSTE9 OF DEE Parcel No. 4 HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that BARBARA JEAN OATES, a single woman, GRANTOR, whose address is 1716 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of ($-309, 67') receipt of which is hereby acknowledged, paid to her by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE do/does hereby grant to the said GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): Part of the Southeast i/±of Section 14, T.3N., R.7E., Highland Township, Oakland County, Michigan, described as: Beginning at the center of Section 14; thence due East along the East and West V line, 308.00 ft.; thence S. 00°01'E., 282.85 ft.; thence due West 308.00 ft. to the North and South 1/4 line of said Section; thence N. - 00°01'W., along said line, 282.85 ft. to the point of beginning. O.K. ° A.N. Sidwell No. 11-14-400-003 and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to the Premises in order to construct, operate, maintain, repair or replace a water supply system. MICTATIGInit OAKLAND 10/22/2010 81862 REAL ESTATE TRANSFER TAX; $3,75 ST* 621647 * UBERI 2[481 PG1400 IT IS THEREFORE AGREED: 1. Grant of Temporary Easement. Grantor hereby grants to Grantee a temporary easement for the construction of the water supply system, described as follows, and which shall terminate upon completion of construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above-described parcel. 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: The South 5.0 ft. of the North 38.0 ft. of the above-described parcel. 3. Purpose of the Easements, The temporary easement granted herein shall be used only for the initial construction of the system in accordance with the plans and specifications approved by the GRANTEE. The permanent easement granted here in shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. 4. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement Permanent structures, include but are not limited to, fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Promises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. -2- LIBERI4 2 8 7 Fici4 0 1 e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval faun the GRANTEE, its heirs, successors or assigns. g- A map of the above-described Easement is attached hereto and made a part thereof. h. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instalment shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in. all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3-- 1..1 BERL+ 2 8 1 PC14 0 ec. 1. It is understood and agreed between the Parties that a failure by either Party to fulfill a condition or term set forth in this Easement shall not result of extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. IN WITNESS WHEREOF, the GRANTOR have hereunto affixed her signature this 6411-I day of Au6b(-1 , A.D., 2010. W113NESSES,: ifi-141`) (LS.) NEW (E- 8)— Revised on 07/21/2010 Kimberly Brown's files \ Di \ EASEMENT \ NEW(E-010.SAV (7121/2010) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this ‘P tr.)--f-ld'ay of 060 ff— ,AD., 2010 before me, a Notary Public in and for said County, appeared BARBARA JEAN OATES, a single woman, to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be her free act and C Notary Public eiliApJ C-64j04 L 4 M Cmmty, M 64 A) My Commission Expires: i.J AW ACT/ j (, d 0 4 (a4 Ocot),,W This instrument drafted by: Paul E. Dove, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Building 95 West Waterford, Michigan 48328-1908 A- Acknowledgement — Revised 10/31/01 PED/kmb Kirribery Brown's filesWN-M-LANDTOWN5NIP(CONN)10 Fi-b‘OATE5I0P4 (7/22/20W) BRIM & CliA°1041. NOTARY Rsua STATEOFill OCIIRITe OF WINAlil IlAYCOMASSION EXF1RESJim3,2014 ACTiNG NCOIAITYOF DAMAO deed. -4- Form-DC-175 EASEMENT SKETCH uBER4 2 ti 8 7 Kt+ 0 3 NOTE: NO FIELD WORK PERFORMED DESORPTION TAKEN FROM RECORD, SCALE: l" = 50' CENTER SECTION 14 HIGHLAND TWP, T.3 N., R. 7 E. WARD LOW ROAD 33.00' EAST & WEST 114 LINE 308.00' ref 767474 NO 74 I 1174 NM 71 1175 Frn III in 1n74 / NO 1174 41174 NV4174111"0.7.4n474r4 1.1 4 9-4 II V-6741 131 RI I 1,76 71 5.00' Wide Pemianent Easement 15.00' Wide Temporary Easement 11-14-400-003 MY(55'-- PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/28/2010 PERMANENT EASEMENT I Pit tio,NrON2 41,201 b. EASEMENT PARCEL NO. 4 DWG. 1 OF I TEMPORARY EASEMENT S1DWELL NO. 11-14-400-003 Part of the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of I Rev.:08101101 LaRt4 2 14 8 7 Pc4 0 14 ATTACHMENT "A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 4 Barbara Jean Oates 811) WELL NO. 11-14-400-003 1716E Wardlow Highland, MI 48356 1. If any of the trees being 6" in diameter and larger are removed from the permanent easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" — 2 -1/2" diameter nursery stock Deciduous tree andlor one (I) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of tree removed that is 6 inches in diameter and larger. (Example for information purposes only: 24" Oak tree removed would receive three (3) trees 2"- 21/2" diameter nursery stocic Deciduous trees.) 2. it is agreed that all trees and shrubs located in the temporary construction easement shall be preserved and protected at all times, if any of the trees being 6" in diameter and larger are removed from the temporary easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (I) 2" — 2 1/2" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of Deciduous tree removed and/or each 8 ft. of height of Conifer tree that is removed. Landowner shall receive one (1) nursery stock shrub being two (2) feet in height to be planted by the County for each 3 ft. in height of shrub that is removed from the temporary construction easement area. 3. The white picket wooden fencing and the flower bedding with perennials located in the permanent and temporary easement areas shall be preserved and protected by the County. If said fence, and perennials are removed or damaged due to construction the same shall be replaced with like materials, and nursery stock '/2' gallon perennials for every 1 square foot area of perennials damaged, to be planted by the County. 4. If any established lawn area including topsoil and surface grade is damaged or disturbed by the County during installation of the subject water supply system, said lawn area shall be re-seeded with seed and mulch by the County, including topsoil and grading, if necessary. 5. Any portion of the asphalt and/or gravel driveway located on the subject property which may be damaged during construction by the County shall be replaced by the County with like materials and to matching thickness. BSC/kmb Kimberly Brown's fi(es1b1Mighlcuidtwpwaterinterpormeellon.etNJEAN10.84 (9-17-2010) (9-21-2010) (9-28-20210) LIBER4 2 4 8 7 Pc4 0 5 1:?892: LnF 2s,B7 FPGE r,2.00 OD3C RECORDINE 04,00 REHOMMEHTATION 111/22/2010 11:1217 M. 0E0EIP7- 81363 IIIHJ JJ PAH RENEE, - 00A0 COLPITY AIM SM1;551.11 CLE1CKRE016TER DI:- DEEDS 79F=4-=39 CEDER FACE 1".:0 TRR5FER 7 QMSIKFD E3. .:0 TWW,FER TO ::0001NED 1n/22/2010 1122 O.E. ECEIFT.1 01000 II i 113} 1111 III Illill EASEMENT V,4 _RECLINED - rAKI AHD CONTY GLERVREGISIER OF DEa‘,3 Parcel No. jurIKSCN HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that LYNN M. IRELAND and KAREN J. IRELAND, his wife, GRANTOR, whose address is 1350 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration LA) ($gcA) ) receipt of which is hereby acknowledged, paid to them by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE do/does hereby grant to the said GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): The North 247.5 ft. of the East 300.0 ft. of the West 1/2 of the Southwest 1/4 of Section 14, T.3N., R.7E., Highland Township, Oakland County. Commonly described as: 1350 E. Wardlow, Highland, MI 48356- 2212 Sidwell No. .11-14-302-002 and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to the Premises in order to construct, operate, maintain, repair or replace a water supply system. SEE ATTACHMENT "A" of the sum of MENG1 . REAL ESTATE * TRANSFER TAX Co* $3,15 SI* 627S4,13 * uo42487 Fg1405 IT IS THEREFORE AGREED: 1. Grant of Temporary Easement. Grantor hereby grants to Grantee a temporary easement for the construction of the water supply system, described as follows, and which shall terminate upon completion of construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above-described 2. WTI"— Grant of a Permanent Easement Grantor hereby grants to Grantee a perpetual easement described as follows: The South 5.0 ft. of the North 38.0 ft. of the above-described parcel. 3. Purpose of the Easements. The temporary easement granted herein shall be used only for the initial construction of the system in accordance with the plans and specifications approved by the GRANTEE. The permanent easement granted here in shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. 4. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement. Permanent structures, include but are not limited to, fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. parcel. -2- I_IBER2:4S7 4 0 7 e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval from the GRANTEE, its heirs, successors or assigns. g. A map of the above-described Easement is attached hereto and made a part thereof. h. This instrument contains the entire agreement between the Parties relating to the nights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3- LIBERI4 2 Li 8 7 PC1-1- 0 8 1. It is understood and agreed between the Parties that a failure by either Party to fulfill a condition or term set forth in this Easement shall not result of extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. IN WITNESS WHEREOF, the GRANTOR have hereunto affixed their day of c".4. nr-1 , A.D., 2010. NEW (E- 8) — Revised on 07/21/2010 Kimberly Brown's files D: \ EASEMENT NEW(E-)10.SAV (7/21/2010) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this siday of cc,Pfri , A.D., 2010 before me, a Notary Public in and for said County, appeared LYNN M. IRELAND and KAREN J. IRELAND, his wife, to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their free act and deed. This instrument drafted by: ,7 )11 66-I 4 rsi cr. 02,4-1.4)4/1 Notary Public yr,J6/4,04 County, M My Commission Expires: A cr f,J Q4kti N° C6u4Y itt Paul E. Dove, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Building 95 West Waterford, Michigan 48328-1908 A- Acknowledgement — Revised 10/31/01 PED/Innb Kirlb,rly Drown's files bAHIGFLANDTOWNISHINCONN10.FLOVIRELANO ION (7/21/2010) ERM ZENMAII. ROWMPUBUG, STATE OF OWITY OF AMMO waevaSION WIFE Jel NINO la =BM OF Otiiiingi signatures this 2f1.4' WI ESSES: UP 11-1 4o--) Cg4r4N1LC -4- Form-D6:175 EASEMENT SKETCH LI0ERI4 2 14 8 7 PC4 0 9 NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD. SCALE: I" = 50' 33.00' EAST / WEST SECTION LINE WARDLOW ROAD 5.00' Wide Permanent Easement -15,00' Wide Permanent Easement —1 .a- cs4 11-14-302-002 300.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM iNTERCONNECTION 07/27/2010 ,111"41; PERMANENT EASEMENT 4 EASEMENT PARCEL NO. 2 DWG. I OF 1 TEMPORARY EASEMENT / SID WELL NO. 11-14-302-002 Part of the West 1/2 of the SW 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN?. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev,:08/01/01 dBER14 2 14 8 7 Pcb, 0 ATTACHMENT "A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 2 Lynn M. Ireland 810 WELL NO. 11-14-302-002 Karen J. Ireland 1350 E. Wardlow Rd. Highland, MI 48356 1. If any of the trees being 6" in diameter and larger are removed from the permanent easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" — 2 1/4" diameter nursery stock Deciduous tree and/or one (I) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of tree removed that is 6 inches in diameter and larger. (Example for information purposes only: 24" Oak tree removed would receive three (3) trees 2 "- 21/2" diameter nursery stock Deciduous trees.) 2. It is agreed that all trees and shrubs located in the temporary construction easement shall be preserved and protected at all times, if any of the trees being 6" in diameter and larger are removed from the temporary easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" —2 1/2" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of Deciduous tree removed and/or each 8 ft. of height of Conifer tree that is removed. Landowner shall receive one (1) nursery stock shrub being two (2) feet in height to be planted by the County for each 3 ft. in height of shrub that is removed from the temporary construction easement area. 1 -r c A uw (t4-r .-4,-._,0eL,$),\/(af A C46- 0.10AJAy (;)4-4-16 OtK -10 Cey,irin_uc-r-ierJ Pipur siwq iviP4i4/1 ANtS oc 241ugo (sy 4,3/174 LLK PROPERTY OWNER(S) 1-4/r,/aLf4c(. INITIAL): DATE: Vi9iNq4rt, .451) f BSC/kmb Kimberly Brown's 5les1bi1highlandtwpwaterintercormectligi.ecknELANOIC.P1 (8)18/2010) (9-20.2010) 11E042558 ni -18 -150373 U. , 42555 PAGE 178 $25.00 MEC RECORDING $4.00 REMONUMENTATION 10/17/2110 11:1731 5.11, RErEIPT4 59.577 II MI III II PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS EASEMENT 7956,736 LIBER PAGE $.00 rRANSFER TX COMBINED $ 00 $4.30 MNSFER TX COMBINED 11/1712010 117.7 54 A.M. RECEIPTt 89537 II 11 HE IM 111111 Ill PAID RECORDED - OAKLAND COUNTY Parcel No. Ritt JOHNS% r-LERY/REGISTER OF DEED; HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that LAWRENCE R. FOlURNIER (whose Death Certificate is attached) and 'VIRGINIA MAE FOURNIER, his wife, GRANTOR, whose address is 2280 Harvey Lake Rd., Highland, Michigan 48356, for and in consideration of the sum of THREE HUNDRED DOLLARS AND NO CENTS (S300.00) receipt of which is hereby acknowledged, paid to her by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE do/does hereby grant to the said GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): The West 261 ft. of the East 561 ft. of the North 247,5 ft. of the West V2 of the Southwest 1/4 of Section 14, T.3N., R.7E., Highland Township, Oakland County, Michigan, including a Right of Way to Leonard Lake across Southwest corner of land owned by Lewis's on July 28, 1952 as recorded in Liber 2897, Page 217, said Right of Way to be one rod in width to run East and West from the now existing roadway. Sidwell No. 12-14-302-001 and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to the Premises in order to construct, operate, maintain, repair or replace a water supply system. O.K. A NI SEE ATTACHMENT "Ac MICAIGOF 11111/2010 B5531 F1EAL ESTATE * TRANSFER TAX* $.55 CO* 53.75 55* 030512 * 1104 2 5 S 8 . 9 IT IS THEREFORE AGREED: 1. Grant of Temporary Easement. Grantor hereby grants to Grantee a temporary easement for the construction of the water supply system, described as follows, and which shall terminate upon completion of construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above-described parcel, 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: The South 5.0 ft. of the North 38.0 ft. of the above-described parcel. 3. Purpose of the Easements. The temporary easement granted herein shall be used only for the initial construction of the system in accordance with the plans and specifications approved by the GRANTEE. The permanent easement granted here in shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. 4. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement. Permanent structures, include but are not limited to, fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement dining the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. -2- L0425 3 pc I 80 e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval from the GRANTEE, its heirs, successors or assigns. g. A map of the above-described Easement is attached hereto and made a part thereof. h. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3- LIBBI42 .8 PG18! 1. It is understood and agreed between the Parties that a failure b y either Party to fulfill a condition or term set forth in this Easement shall not result of extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. IN WITNESS WHEREOF, the GRANTOR has hereunto affixed her signature this 12-44day of A.D., 2010. WI NESSES:1 36111./ Cil_4rJ041-L NEW (E- 8) — Revised on 07/21/2010 1- )6 )114-e. 44-44--2--yEAsy4i. S .) VIRGINIA MAE FOURNIER (L.S.) Kimberly Brawn's files \ DAEASEMENT NEW(E- 8)10.5AV ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this 2 No day of cOlgiq A-, , A.D., 2010 before me, a Notary Public in and for said County, appeared VIRGINIA MAE FOURNIER to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be her free act and deed. • C 1-4u44 ill\Totary-Public County, f-4( ,Ac.nNi., 0,414v do c p OA My Commission Expires: L.I/Jc )'(-)11 This instrument drafted by: Paul E. Dove, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Building 95 West Waterford, Michigan 48328-1908 A- Acknowledgement - Revised 10/31/01 PED/lcmb Kimberly Brown's fileADA1-461-11..ANDTOWNSIRP(cONN710.FL13‘FOURTREIZMP1 (7/2L12010) (8-314010) kOTARYctilvivRARLAottalamtalitrAIEOF0 .CINCI IN CO: 07710014z— n t6ycommotieverem -4- • • • • 4 tesik...AP krAVAILMaY.a. As. Form-Dd-175 EASEMENT SKETCH UBER4 2 5 5 8 Pg I 8 2 NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD, SCALE: 1" = SO' WARD LOW ROAD 33.00' EAST-/ WEST SECTION LINE JOE 5•74174•7•747•15~10 TAM% Willra741476.74•7•74MIN in r4A.74•746! WARM I Mg! 5.00 Wide Permanent Easement ---1 15.00' Wide Temporary Easement 11-14-302-001 261.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/27/2010 PERMANENT EASEMENT IEMPORARY EASEMENT EASEMENT PARCEL NO. SJDWELL NO. DWG. 1 OF I 11-14-302-001 Part of the West 1/2 of the SW 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOIFN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COM1V1ISSIONER Paso 1 of 1 Rev.:08/01/01 -A2558 Pc183 ATTACHMENT "A" HIGHLAND TO'WNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 1 Virginia Mae Fournier SID WELL NO. 1144-302-001 2280 Harvey Lake Road Highland, Michigan 48356 1. If any of the trees being 6" in diameter and larger are removed from the permanent easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (I) 2" — 2 14" diameter nursery stock Deciduous tree and/or one (I) 6'-8' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of tree removed that is 6 inches in diameter and larger. (Example for information ourooses only. 241" Oak tree removed would receive three (3) trees 2 21/2" diameter nursery stock Deciduous trees.) 2. It is agreed that all trees and shrubs located in the temporary construction easement shall be preserved and protected at all times, if any of the trees being 6" in diameter and larger are removed from the temporary easement area during construction or should die within one year of construction, as a result of construction, the property owner shall receive one (I) 2" —2 1/2" diameter nursery stock Deciduous tree and/or one (I) 6'4' tall nursery stock Conifer tree to be planted by the County within landowners property, at a reasonable location for each 8 inches of diameter of Deciduous tree removed and/or each 8 ft. of height of Conifer tree that is removed. Landowner shall receive one (I) nursery stook shrub being two (2) feet in height to be planted by the County for each 3 ft. in height of shrub that is removed from the temporary construction easement area. 3. If any established lawn area including topsoil and surface grade is damaged or disturbed by the County during installation of the subject water supply system. Said lawn shall be re-seeded with seed and mulch by the County, including topsoil and grading, if necessary. 4. The wooden fencing located in the permanent and temporary easement areas shalt be preserved and protected by the County. If said fence, is damaged due to construction, the same shall be replaced with like materials. 5. Any portion of the gravel driveway located on the subject property which may be damaged during construction by the County shall be replaced by the County with like materials and to matching thickness. PROPERTY OWNER(S) INITIAL(S): "IC?. DATE: Jo —111 ri BSC/Icmb Kimberly Brown's files11): highlandtwpweterTntzrcorme.-1l.n.ec FOU5NIER'10.P1 (9-17-2010) (9-29-2010) (9-28-2010) ; CERTIFICATION OF VITAL RECO TYPEIPIUNT 2N PERMANENT BLACK INK PARENTS rNFORMANT .4r Sq6 u:11111M111111011111111E11 CI - STATEOFIVICHIGAN DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF DEATH ' SON a I t I a d . C Und Register 01 Deeds Ft' CAUSE OF DEATH MEDICAL EXAMINER COUNTY OF OAKLAND STATE OF MICHIGAN LIBER42558 PG i 8 ...1, DECE-DENT- '3 NAME rem, 1.14Id1,, L.1) 2, DATE OF BIRTH' (Am& bui, Year) 1 SEX 4. DATE OF DEATH 0.1.0, tw.):,...) LAWrence Richard Fournier April 22, 1929 Male October 3, 2008 s, 0, NAME AT 11157B OE OYHER NAME U050 FOR p5RSONAL OUSINESS 0.3. .1.0 ,r..y) Cve. ADS - L.1 Birthday Ab. UNDER 1 YEAR Se UNDER I DAY 79 (13.4/ MONTHS DAYS HOURS MINUTES 7. LOCATION OF DEATH Mow erne .o,rdoNl. 1,..00,“4 t.'d 0 7.21i, Al . 76. cry, vfLoals, OR TOWNSHIP OF DEATH 7. COUNTY OF DEATH HOSPITAL OR OTHER 1NSTI7.RION - Nemo /ON II ream sh7 rins-1 gni omit,. .ond rip rockl .- 2280 Harvey Lake Road 48356 Highland Township Oakland gn Mih4.gan -Oakland evideliolo4) ta.CUrENT REIDENCE 8 b, COUNTY Si. LOCALITY idea M 001.0 00 00 lacaliit) 8d. STRUT AND NUMSER (incig;e Ito. Nu. )I apolf,oble) STATE 0 croxvieura ..• Dil lOWN,IIIP D imaX0.11,17001,N,” '!1-' ' 'Highland 2280 Harvey Lake Road Sc. ZIP CODE 9. BIRTHrLAcr (area Sr. or Cowry) ' !ASOCIAL SECURITY NUMBER 11. DECEDENTS EDUCATION - Wind is Me MOKE .' 48356 Lapeer, Michigan 386-24-7459 High School Graduate . dcgrco or Iml or setwal emplace' ell EN dmv of &LE..? .„ 12. RACE - Amriaan ImLan. 'EWE. III.L. EIE. qtr.., 01,0 natimaliot 13.. ANCESTRY • Maim. Cub, Arab, &Ban, Cmph, FrwelL Rack dc. III,. HISPANIC ORIGIN 14; WAS DECEDENT EVER IN k. Minos. Fillpfom .1f1.. b.),PA 00.1 (01,01 a a., .Fp!r) (ene. orl 11.1 *Rs) If fimerleat WE. no, nOcr prInNyel 11-11. (74,Er NO THELLR ARMED FORCES? White , French No No ' 974 9,43, 1 15. USUAL OCCUPATION GM Angl .?...o.i Wm. 16. KIND OF BUSINESS OR INDUSTRY 17, MARITAL STATUS -Mink. 18 NAME OF SLIRYWINCI SPOUSE I - 9 ,,N ,),..e mom deAre • ISP.VY) Owner Heating & CoF)ling Business Married Virginia Mae Lauinger ' 1,fn, 1.11.1 of moral, .qfn Do mew .00 ...11,-.J. 1.1,-... Morti.0, WM...LI, 111.N.I. pra ....I.)) ,. • . . Thomas Fournier . Melinda Trudeau F9, FATHER'S NAME (100 Ma& .,...0 20. MOTHER'S NAME BEFORE FIRST MARRIED (100,1100?, Lam > >210, 114FORMAO1T'S NAME rin,rprki . 213, RELATIONSHIP TO 11. MAILING ADDRESS dsseet aid Aunt, or Rom, Po. Amt., TIN,, Village, Seu.ro, .Vp Code) 't DECEDT ' Virginia Fournier WifeEN 2280 'Harvey Lake Road, Highland, Michigan 48356 i'.., nedo, Ceemnqlon. RmmInn.-N, 22: METIIOD OP DisvosrrioN 23a. PLACE OF DISPOSITION Mob. Vc.onnery, Ceaeouno, to Ober tortrie.) 235. LOCATION - City or Village. Sloe Dancion, Rumo...4 Nondpc (Sp,t15•J -- Burial Highland Cemetery Highland, Michigan , GAL..1.--.... 24 SIONICL1 OE MO. .' SCIENCE LICENSEE 25. LICENSE NUMBER 26. NAMDANO ADDRESS DP FUNERAL FACILITY . 7' Nap,...) L'yndh &-Sons Funeral Directors - i . 6907 404,East Liberty, Michigan 48381 ' ...... IIIIP 178. • EAVFIER pad willi ow) P 21. ACTUAL OR PRESUMED 266, moNoinicEp DEAD ON 28. TIME PRONOUNCED Rikirrry,lz.ph.ysielan • Ta tbe ban or my ILrimIedRe, damh emwed dot loth. fr,,,ImLn5 TIME OF DEATH. N... 0•67. Doy To 1 DEAD 0 „„":2t:„=',.`,.:,-,..„:,- '..74 "1-74'06''''''..X4. fi'ffer',:::1°"..;2==.71°E"'''''' 29, MEDICAL EXAMINE 38 PLACE OP DEATH Ilia No ' 3 II' ITAL Inpdim Outp4Lma '- 8:30 A' October 3, 2008 8:52 A m -- Sigmuute and Tido Alliman,-.4.' ,Eald Yes - Home Iv' CONTACTED? Dkr C., NOR N;r4.8 Ho.. Iletrlul, Amt.47'orel (71:tify) 1 FroeHtE2rtScyP Room'. Don rir.rldl ,;,,y,_ ••-..p U_A-602,r4r 9-0(= ic:1°k\TAR 08-3461 , 276, DATE SIGNED no Y.I.) I 27e, LICENSE NUMBER 31 MEOICAL EXAMINER'S CASE 30. NAME OF ATTENDINCFRYSICIAN IF DTHER THAN 34. NAME AND ADDRESS DE cevieriNo PHYSICIAN rum., rrood , .• Numpen, ar.vph...N.9 CERTIFIER illne or Anekt I • Pais Mansur, MD 10 W. Square lake Rd., Bloomfield Hills-, Mi 48302 -35C REDISTRO‘SSIONATkRE ' ''" Mb. DATE FILED niAers. L3ty. R,A.e.) . ' 3 ' i 1 Li...j 4:,..., a > .,, 36, PART I. Euler iho etude of events - ,' wads. qurlea, or complica s . Ihat d',„ 'etly meted th .t.h. 0 NOT enter terminal e yenta SuCh ao [Hake nlyst ran...4,107 Rawl, I PI VellEicular librEtailen tai sh the etiology. Euler orl muse . ., . /ie. ... ' 9 Orem on 15ealb • if &ham mi an Snmedime. f , 1_3 --. rt= 1:;P"' DUET° OR AR A PO • WM= OF) I t-. a ..- ..., - deed.. 2 dlimus coo, lri noc no. ns tioo 1pnp° p'roxiAle. b. ..„ A.:. I!,, 1, A: . /'I 1I WIDMERCASH YeL ASAcONSEQNNCHOP) Y 12.111oL idoh) a 1 - . 6,. , Sco.notlalLy I, mlitlo., E }pMYkodh,agnuA DUOTOMRASACONSEQUENcEOE AtEZINt2grl Int.r.311,1 ],- d. . 4n 'ST' 37. Din TOBACCO USE 38, IP FEMALE. PART II. OTHEREinNiE.Cm.IT CONDITIONS contributinp M droll, 17. not leaking in die undolyIng caunc si,.. p, Pm I. D..„ 0 pt,,,, 0 Net emu. •411.10 Nut 7= CONTRIBUTE TO DEATH? .t7No CI tbkonsto 0 Pico. le line or dab 1:1 07, ItteRmeh Ho eregatai 01.110 12 Joys er dent 39. MANNER OF DEATH- Ateitient, Sekide, Homiede, 40. WAS AN AUTOPSY Ob. WERE AUTOPSY FIN INDS AVAILABLE Natural. indoiermlnam or Frnalna 6,..Elrld PERFORMED? . PRIOR TO COMP LEDON OP CAUSE OF 1:1 Noi [mina', bul inward M. n13,, lb 1 OW or NW DEATIL? fl'.4 - Iv N.) Wars da.th _ . Natural NO- 01110,0,0 If prapm wItla Ile pall year , ,•' RIO. DATE Or INJURY IA. TIME OF INJURY 410. INSCRIBE HOW 1113uRY OCCURRED ' 0., 0, r....r ---. IA . . (SO t, No) fron,rircm ovaration.:itr, INJURY - Drivcntiperatot. did. INJURY AT WORK ill. PLACE OF INJURY- Al home, MC IF TRANSPORTATION 41g. LOCATION; Shed ot RFD No. City, VL110E0 st,T,T. Mate emceed rea, zle, rdy.defe Naseaner, McRae. ele. (Spre-052 ' i '@ CERTIFICATION ow k DCH 0483 10/03 14-340290 WARNING: OW REaREOCE,ON IS PR00131= BY 1.M. DO HOT ACCe-el. VaLeSS oN REEL'Errz FA,. MTH COLOF.4 ..arentloryo as,, EEN0SE89 CINAITY OF IMICLAND.' 1-17r Mro o? Frarecoplm. 1, RUTH JOHNSON. CLERK AND REGISTER OF DEEDS OF SAID COUNTY OF OAKLAND DO HEREBY CERTIFY that die foregoing is a true and exact copy of the original dOdUrnent Or Ede in offiut. Deputy Clerk ' ANY ALTERA11014 OR ERASURE VW:MTH'S CERTIFICATE, LIBERI4 267 1 P614 8 1 RECEIVED JAN 3 2.010 MDNR Office of Land Facilities 229 ?i . LISER 42671 PAGF 6g1 M.00 MSC RECORDING FEHONUMENTATION 1 ?r3/2)1) 102645 A.N. FECEIPPE: 100530 It II I 111 1 11 11 11 1 iii PAID RECORDED - OAKLAND COUNTY RUTH JONNSOlii CLERK/REGISTER OF DEEDS :f0 , • c, ,ceS TEMPORARY AND PERMANENT cEAASEMENT TO CONSTRUCT AND MAINTAIN Waterline L-10174 STATE OF MICHIGAN (Page 1 of 5) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT FOR AND IN CONSIDERATION OF FIVE THOUSAND FIVE HUNDRED SEVENTY and 53/100 DOLLARS ($5,570.53) in hand paid, the receipt of which is hereby acknowledged, the STATE OF MICHIGAN by the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT, P.O. Box 30448, Lansing, Michigan 48909-7948, (hereinafter called the Grantor) acting under authority of its Director, and by virtue of the authority conferred by Act No. 451, P.A. 1994, does hereby Convey and Quit-Claim to County of Oakland Water Resources Commission, whose post office address is One Public Works Drive, Waterford, Michigan 48328 (hereinafter called the Grantee) and to its successors and assigns the easement and right to place, construct, operate, repair and maintain Waterline across the following described parcels of land situated in the Township of Highland, County of Oakland, State of Michigan to wit: TO3N, R07E, Section 14, NE1/4 of SW1/4 A- 1 (---(4-47--(D2- TO3N, RO7E, Section 14, NW1/4 of SE1/4 )1-- - Jr— z)2.i Granting the right to construct within said varied width right of way as outlined on attached EXHIBIT A, pages I -4. This document does not authorize construction of additional facilities after the original construction period. This easement is subject to the following conditions and requirements, as well as conditions on attached EXHIBIT B, page 1: (1) Grantee, its successors or assigns by the acceptance of this instrument, ogees to notify the authorized representative of the Department of Natural Resources and Environment prior to commencing operations under this easement, so that the Department shall be properly notified as to the time and place that such operations Exemption from State Transfer Tax is claimed under authority of Section 6(h)(i), Act 255, RA. 1994 (207.526, Michigan Compiled Laws). (:12Exemption from County Real Property Transfer Fee is claimed under authority of Section 5(h), ct 134, PA. 1966 (207.505, Michigan Compiled Laws). (:)01%, N=. LI8ER4 2 6 7 I PGI+ 8 L-10174 (Page 2 of 5) begin on the State-owned land herein described. Said Department Representative is Mr. William Althoff, Highland Recreation Area Unit Supervisor, 5200 East Highland Road, White Lake, Michigan 48383, or his successor. (2) Any relocation of the facilities constructed under this easement will be made only upon approval of the Department of Natural Resources and Environment before such relocation takes place. (3) Grantee, its successors or assigns, accepts this easement subject to all prior and valid easements, permits, leases and other rights existing or pending at the time of the issuance of this easement, which may have been granted on said land. (4) No fences shall be constructed or existing trail roads closed by:the Grantee without prior written approval of the Grantor. (5) Unless otherwise stated elsewhere in this document Grantee, its successors, or assigns, and its agents and employees may cut, trim, and remove all brush and. trees within said easement area which threaten to interfere with or be hazardous to construction, operation, and maintenance_ (6) Grantee, its successors or assigns, agrees that no herbicides to control tree, shrub, or other plant growth on the land herein described shall be used without first securing written permission from the Grantor or its authorized field representative. (7) Grantee, its successors, or assigns agrees that, at the option of the Grantor, all or any part of the forest products cut by the Grantee hereunder shall be the property of the Department of Natural Resources and Environment and shall be cut and piled or decked as directed by the Department's authorized representative; provided, however, the Grantee shall not be charged damages for such forest products claimed by the Grantor. (8) Grantee, its successors or assigns, for themselves and their agents and employees agree to take all reasonable precautions to prevent and suppress forest fires and shall cause no unnecessary damage to natural tree growth or to any plantation, and shall pay all damage other than ordinary to State-owned property arising out of its negligent acts or failure to act. (9) Grantee, its successors, or assigns shall obtain the required peinlit from the Department of Natural Resources and Environment or its authorized representative before burning any refuse or setting any fires whatsoever. (10) It is understood that all slash and forest growth cut resulting from operations under this easement shall be handled in accordance with the provisions of Part 519, Act 451, PA. 1994, and the rules and regulations pertaining thereto. (11) The right herein granted shall continue in full force and effect for as long a time as the Waterline easement is properly used for its intended purpose and at such time as LIBER4 2 6 7 PG4 8 .. L-10174 (Page 3 of 5) its use is discontinued said easement shall terminate. The grantee herein, for itself, its successors and assigns, agrees upon termination or abandonment of its facilities, and upon request of the owner of said land showing a prima facie title to same, to release and Quit-Claim all rights secured hereby on said land to the then owner. (12) Grantee shall bury facilities wherever necessary so as not to interfere with possible cultivation or Grantor's use of the land. The back fill area shall be compacted and maintained in a way that no settling shall occur. Grantee shall be responsible for restoration of disturbances caused by the Grantee for the lifetime of the easement. (13) In the event of abandonment of the rights herein conveyed, Grantee agrees to remove in a good and workmanlike manner all or any portion of its property from the premises as may be required by, and in a condition satisfactory to the Department's authorized field representative. (14) It is expressly understood that the Grantee shall not assign this easement or any portion thereof to any person other than the owner of said land, as provided in paragraph (11) hereof, without first securing the written approval of the Department of Natural Resources and Environment for the State of Michigan. (15) Before any construction may proceed, Grantee is required to give notice to the public utilities under Act 53, P.A. 1974 (460.701 et seq. M.C.L.) and to comply with all provisions of that Act as well as the Natural Resources and Environmental Protection Act, being Act 451, P.A. 1994. If this project crosses floodplains, wetlands, rivers, streams, or designated critical dunes, permits may be required under the land/water interface statutes. (16) Grantee hereby releases, waives, discharges and covenants not to sue the State of Michigan, its departments, officers, employees and agents, from any and all liability to Grantee, its officers, employees and agents, for all losses, injury, death or damage, and any claims or demands thereto, on account of injury to person or property, or resulting in death of Grantee, its officers, employees or agents, in reference to the activities authorized by this easement. (17) Grantee hereby covenants and agrees to indemnify and save harmless the State of Michigan, its departments, officers, employees and agents, from any and all claims and demands, for all loss, injury, death or damage, that any person or entity may have or make, in any manner, arising out of any occurrence related to (1) issuance of this easement; (2) the activities authorized by this easement; and (3) the use or occupancy of the premises which are the subject of this easement by the Grantee, its employees, contractors, or its authorized representatives. (18) The Grantee, its successors or assigns, agrees to pay to the Grantor for damages to State-owned property or public trust resources arising out of its operations. LIBER4 2 6 7 I rb_l 8 4 L-10174 (Page 4 of 5) (19) The Grantee, its successors or assigns, agrees to report any release of toxic or hazardous substance to the Department representative identified in paragraph (1), evaluate the nature and extent of the release, immediately take measures to abate the release and promptly develop and implement a work plan approved by the Department to fully remedy any environmental injuries that result from the release. (20) It is expressly understood and agreed that nothing in this easement to construct and maintain Waterline shall be construed as a statement, representation or fmding by the Department relating to any risks that may be posed to the environment by activities conducted by the Grantee or that the right-of-way conveyed by this easement is fit for any particular use or purpose. (21) It is expressly understood and agreed that every enumerated condition set forth in this easement to construct and maintain Waterline is a material condition and that if the Grantee breaches any material condition the Grantor, in its sole discretion, may seek any remedy provided by statute or under the common law, including, but not limited to, revocation of this easement to construct and maintain Waterline. (22) In case the said easement herein conveyed shall not be used by Grantee, its successors and assigns, for a period of two (2) years, from and after the date of issuance, then and in that event said easement shall terminate. This instrument shall be binding upon and inure to the benefit of the parties, hereto, their heirs, representatives, successors and assigns. DEPARTMENT OF NATURALRES °MC/PS AND ENVIRONMENT FOR THE STATE OF MIC] z —77 W rfinn, Acting Real Estate Services Manager 0 and and Facilities LIBER14 2 6 7 1 h.-, 85 L-10174 (Pages of 5) IN WITNESS WHEREOF, the Department of Natural Resources and Environment by authority of its Director has caused this instrument to be executed for the State of Michigan by its Acting Real Estate Services Manager, Office of Land and Facilities this 22nd day of November, 2010. STATE OF MICHIGAN COUNTY OF INGHAM § On this 22nd day of November, 2010, before me a Notary Public in and for said County personally appeared Walter Linn, Acting Real Estate Services Manager, Office of Land and Facilities of the Department of Natural Resources and Environment for the State of Michigan, to me known to be the same person who executed the within instrument, and who acknowledged the same to be his free act and deed and the free act and deed of the Department of Natural Resources and Environment for the State of Michigan in whose behalf he acts. Claire J. Stevenirl\Totary Public State of Michigan, County of Livingston My Commission Expires: January 31, 2015 Acting in the County of Ingham PREPARED BY: Claire J. Stevens DNRE Office of Land and Facilities P.O. Box 30448 Lansing, Michigan 48909-7948 u3ER42671 1 ,486 Exhibit 13 Oakland County Water Resources Commission Drinking Water Line Easement Request Highland Recreation Area Highland Township, Oakland County L-10174 • This easement approval s contingent on the applicant receiving an necessary permits and approvals prior to starting this project. • No on-site work shall begin prior to an on-site meeting between the Recreation Area Manager, William Althoff, or District Planner, Kristen Bennett, and Grantee seven days prior to construction. • No storage of any materials or equipment can take place on DNRE lands. The site must be restored to DNRE satisfaction within 30 days of completion of the ,project, The Grantee must properly dispose of all excavated materials, including vegetation, as part of this project, if applicable. • The Grantee is responsible for removal off-site of any waste products, oils or other contaminants from this project's construction site. EAST 114 SECTION 14 HIGHLAND TWP'I T.3 N., R. 7 E. , WATERBURY ROAD Page 1 of 4 SOUTH EAST CORNER SECTION 14 HIGHLAND TAPP, T.3 N., R. 7 E, WEST 1/4 I SECTION 14 I HIGHLAND TWP4 T.3 N.. R. 7 E. - - - SOUTH WEST CORNER SECTION 14 HIGHLAND TVVP. T.3 N. R. 7 E. 11-14400-003 CENTER SECTION 14 HIGHLAND Imp. T.3I1.,R7E, 11-14-326-002 if.SOUTH 1/4 SECTION 14 HIGHLAND Twp, T.3 N.,R.7 E. PERM "A" & TEMP "A" SEE SHEET 2 OF 3 WARDLOW 247.50 11-14-302-002 11-14-302-001 NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD. EASEMENT SKETC-1-1*- 671 r6483 EXHIBIT A Form-DC-175 SCALE: 1" = 500' O I 0 • 282.85' 11-14400-004 PERM "B" & TEMP SEE SHEET 3 OF 3 PROJECT: HIM-HAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010 PERMANENT EASEMENT r•-•-•••-•n'• • • • • 4111-• • • • • • • EASEMENT PARCEL NO. 3R DWG. 1 OF 3 TEMPORARY EASEMENT SID WELL NO. 11-14-326-002 Part of the SW 1/4 and the SE 114 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. McCULEOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.:08/01/01 11-14-400-003 11-14-302-002 PERMANENT EASEMENT TEMPORARY EASEMENT EASEMENT PARCEL NO. 3R DWG. 2 OF 3 SIDWELL NO. 11-14-326-002 NrisTIONIF -44 • • • • IBER42671 Pc1488 Form-DC-175 EASEMENT SKETCH EXHIBIT A _ Page 2 of 4 I NOTE: NO FIELD WORK PERFORMED i DESCRIPTION TAKEN FROM RECORD. 282.85' CENTER SECTION 14 HIGHLAND TWP. T.3 N., R. 7 E. WARDLOW SCALE: 1" 150' 11-14-362-002 10.00' Wide Temporary Easement "A" 10.00' Wide Permanent Easement "A" 33.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010 Part of the SW 1/4 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Pago I of 1 Rev.:0810 I/01 IBERI4 2 6 7 I PcI4 8 9 EXHIBIT A Page 3 of 4 NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD. Form-DC-175 EASEMENT SKETCH SCALE: 1" = 60' PERMANENT EASEMENT 11 -1 4-326-002 TEMPORARY EASEMENT WARDLOW 33.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010 PERMANENT EASEMENT rriditArri • • • • • .1 I 1A+A. A 4.4111 EASEMENT PARCEL NO. 3R DWG. 3 OF 3 TEMPORARY EASEMENT SID WELL NO, 11-14-326-002 11-14-400-004 Part of the SW 1/4 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. iVicCULLOCH OAKLAND COLTNTY WATER RESOURCES COMMISSIONER Page 1 of 1 P,ev.:08/01/01 uBERI4 2 6 7 I Pcif 9 0 EXHIBIT A Page 4 of 4 A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): Part of the Southwest 'A and the Southeast 'A, Section 14, T.3N., R.7E., Highland Township, Oakland County, Michigan, being more particularly described as: that part of the Southwest 1/4 except that part lying Westerly of Easterly line of Harvey Lake Rd., also except that part of North 247.50 ft. of East 561 ft. of West 1/2 of Southwest 1/4 lying easterly line of Harvey Lake Rd., also Southeast 1/4 except North 282.85 ft. of West 462 ft, also except that part in M-59 Hwy., also except that part of Southeast 1/4 lying. Southeasterly of line described as beginning at point distant N. 01°43'27"W., 1.92 ft and N. 22°30'04"W., 200 ft. from Southeast section corner, (SD part of beg is on centerline of Waterbury Rd); thence S. 48°09-59 9W., 258 ft. to the point of ending 30045 A. Sidwell No. 11-14-326-002 IT IS THEREFORE AGREED: 1. Grant of Temporary Easement. Grantor hereby grants to Grantee a temporary easement for the construction of the water supply system, described as follows, and which shall terminate upon completion of construction of the system: TEMPORARY EASEMENT "A" DESCRIBED AS FOLLOWS: The South 10.0 ft. of the North 53,0 ft. of the Southwest 1/4, Section 14 of the above-described parcel. 1,1-, TEMPORARY EASEMENT "B" DESCRIBED AS FOLLOWS: Beginning at a point located due East along the East-West line of the Southeast 'A, Section 14, 462.0 ft. and S. 0°01'00"E., 43.0 ft. from the center of said Section 14; thence from said point of beginning due East parallel to the East-West 1/4 line, 83.0 ft.; thence S. 81°52'11"E., 141,42 ft.; thence' due East, 312.0 ft; thence due North 30.0 ft. to a point on the Northerly ROW line of E. Wardlow Rd.; thence due East, 15.0 ft. along said ROW line; thence due South, 45,0 ft.; thence due West, 327.0 ft.; thence N. 81°52'11"W., 141.42 ft.; thence due West, 83.0 ft.; thence N. 0°01'00'W., 15,0 to the point of beginning. (— 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: PERMANENT EASEMENT "A" DESCRIBED AS FOLLOWS: The South 10.0 ft, of the North 43.0 ft. of the Southwest 1/4, Section 14, of the above-described parcel. [14___,5z69 _07z." PERMANENT EASEMENT "B" DESCRIBED AS FOLLOWS: Beginning at a point on the Northerly ROW line of E. Wardlow Rd., located due East along the East-Wes 1/4 line of the Southeast Section 14, 462.0 ft. and S. 0°01'00"E., 33,0 ft. from the center of said Section 14; thence from said point of beginning, along the Northerly ROW. line, 535.0 ft.; thence due South 30.0 ft; thence due West parallel to the ROW line, 312.0 ft.; thence N. 81°52'11"W., 141.42 ft.; thence due West, 83.0 fr.; thence N. 0°01'00"W,, 10.0 ft. to the point of beginning. 2- 119308 LIBER 52012 PAGE 334 $26.00 NISC RECORDING $4.00 RENDRUNENTATION 07/20/2018 11127:1S A.D. RECEIPT-4 81174 PAID RECORDED - OAKLAND COUNTY LISA 81OWNr CLERK/REGISTER OF DEEDS EASEMENT Parcel No. 11-21-200-010 KNOW ALL MEN BY THESE PRESENTS, that S.A. Sheid Properties LLC GRANTOR, whose address is 3402 Kingsway Highland, Michigan 48356 for and in consideration of the sum of ($ 1 Dollar ) receipt of which is hereby acknowledged, paid to them by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE, said GRANTOR do/does hereby grant to the GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): A part of the Northeast 1/4 of Section 21, T.3N., R.7E., Highland Township, Oakland County, Michigan, more particularly described as commencing at the East 1/4 corner of said Section; thence N. 00 deg 29 mm 14 sec W., along the East line of said section, 483.60 ft. to the POINT OF BEGINNING; thence S. 89 deg 29 min 46 sec W. 676.09 ft.; thence S. 00 deg 18 min 09 sec E. 402.57 ft.; thence S. 89 deg 30 min 46 sec W. 663.18 ft.; thence N. 00 deg 21 min 29 sec W. 1211.82 ft.; thence N. 88 deg 03 min 20 sec E. 1338.27 ft. to said East section line; thence S. 00 deg 29 mm 14 see E., along said section line, 843.08 ft. to the POINT OF BEGINNING, containing 31.523 acres, subject to the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also subject to easements and restrictions of record, if any. and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to the Premises in order to construct, operate, maintain, repair or replace a water supply system. IT IS THEREFORE AGREED: 1. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: r p . RETURN TO WRC 6 CALL — KIMBERLY BROWN CI-i-& FOR PICKUP — 8-1294 SEE EXHIBIT "A" WATER MAIN EASEMENT #1 A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SECTION 21, T.3N., R.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 FT.; THENCE S. 89 DEG 29 MIN 46 SEC W. 626.09 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT #1; THENCE CONTINUING S. 89 DEG 29 MIN 46 SEC W. 33.00 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 262.84 FT.; THENCE N. 11 DEG 24 MIN 13 SEC E. 35.41 FT.; THENCE N. 81 DEG 55 MIN 25 SEC W.,69.18 FT.; THENCE N. 08 DEG 47 MIN 48 SEC E. 20.00 FT.; THENCE S. 81 DEG 55 MIN 25 SEC E. 70.09 FT.; THENCE N. 11 DEG 24 MIN 13 SEC E. 20.58 FT.; THENCE S. 78 DEG 35 MIN 47 SEC E. 20.00 FT.; THENCE S. 11 DEG 24 MIN 13 SEC W. 74.05 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 250.64 FT.; THENCE N. 89 DEG 57 MIN 17 SEC E. 13.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 9.63 FT. TO THE POINT OF ENDING OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #1. WATER MAIN EASEMENT #2 A 20 FT, WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SECTION 21, T.3N., R.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 114 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483,60 FT.; THENCE S. 89 DEG 29 MIN 46 SEC W. 726.09 FT.; THENCE S. 00 DEG 18 MIN 09 SEC E. 188.87 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT #/..; THENCE CONTINUING S. 00 DEG 18 MIN 09 SEC E. 20.00 FT,; THENCE S. 88 DEG 38 MIN 49 SEC W. 70.24 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 31,13 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 157.13 FT.; THENCE S. 45 DEG 09 MIN 13 SEC W. 22.58 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 388.18 FT.; THENCE N. 44 DEG 50 MIN 47 SEC W. 22.43 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 187.61 FT,; THENCE N. 89 DEG 50 MIN 47 SEC W. 38.69 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 20.00 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 38.68 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 58.37 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 20.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 257.69 FT.; THENCE S. 44 DEG 50 MIN 47 SEC E. 5.86 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 371.61 FT.; THENCE N. 45 DEG 09 MIN 13 SEC E, 6.01 FF.; THENCE N. 00 DEG 09 MIN 13 SEC E. 265.82 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 20.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC. W. 96.98 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 30.86 FT.; THENCE N. 88 DEG 38 MIN 49 SEC E. 70.34 FT. TO THE POINT OF ENDING OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #2. (-A.-{- J-t2-Ew -2- 2. Purpose of the Easement(s). The permanent easement granted herein shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. Also granted herein, is the right of ingress and egress for the GRANTEE to enter upon, access and use any and all presently existing or future driveways or related vehicular access areas of the premises for operation, maintenance and repair of the water supply system located upon the subject property. 3. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement. Permanent structures include but are not limited to fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANIEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval from the GRAN fEE, its heirs, successors or assigns. -3- g• A map of the above-described Easement is attached hereto and made a part thereof. h. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged, i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. 1. It is understood and agreed between the Parties that a failure by either Party to fulfill a condition or term set forth in this Easement shall not result in the extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. Ade-eig , A.D. 20d (L.S.) IN WITNESS WHEREOF, the GRANTOR has hereunto affixed his ACKNOWLEDGEMENT STA' E OF MICHIGAN ) COUNTY OF On this Wzo ?-4 day of , A.D., 20 /S? before me, a Notary Public in and for said County, personally appeared Scott M. Hoensheid to me personally known, who being by me duly sworn did say that he is the member of S. A. Sheid Properties, LLC, a Limited Liability Company created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said Limited Liability Company by authority of its Board of Directors, and the said Scott M. Hoensheid acknowledged the said instrument to be the free act and deed of the said Limited Liability Company. County, This instrument drafted by: Jeffrey S. Parrott, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner's Office One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1908 J81) DASDATAIMy Dorunzentstism Itev 3-204 My Commission Expires: d A - 2 7 - 02-0/ LISA G BURKHART Notary Pubic, 0a4dand County. MI My Commission Explfia. Acting in the County of ?" MI EAST 1/4 CDR. SEC, 21 T.3N.,R,7E. (AB. 4133.60' 2553.54' 13-2E86' 843.08' socia'zo"F (Ft) socu'o2'w 535.67' N.E COW. SEC. 21 SCALE 1" —300' EAST LANE, SEC. 21 ,49V,02.69S co. EASEMENT #2 20' WOE PUBUC WATER MAIN EASEMENT (SEE SHEET 2) noa 0..11 CAI SEEDER YOU PIE CALL MISS DID 1.803-4857434 ENTERPRISE DRIVE, NIOHLAND TOP., OAKLAND COUNTY, MI 4700 Cornerstom Llrive ma? Deb.248.71,f Zerlaik ittro@inme.r.d A PAWA Asa IMMO!, AILE. AEPEEVALI Mc0 SCALE VOLE,' of 2 & Associates, LI,C Consulting Civil Engineers "Engitmering A Better illichigan" WATER MAIN EASEMENT EXHIBIT "A" OVERALL PROPERTY DETAIL PART OF N.E. 1/4, SECTION 21, T.3N.,R.7E. HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN 1 —21-200-010 31.523 ACRES EASEMENT el 20' WOE PUBLIC WATER MAIN EASEMENT (SEE SHEET 2) -_- PROPOSES t, 20' WIDE PUBLIC WATER MAIN EASEMENT SEWS E'OE"E (R) NO0'0913'E 402.57n EXISIINO ENTERPRISE RIVE 100' 6E6.57 126E57 NOD-09'13"E 1211.52' N00'19'09"W 7R) EXISTING 100 AD. PRIVATE EASEMENT FOR INGRESS EGRESS . AND PUBLIC & PRIVATE UTILITIES NORTH LINE 0 M-59 IR/W NE 021'29'W PARENT PARCEL LEGAL DESCRIPTION (TAX ID. 1I-21-200-0.10): A PARTOF THE NORTHEAST 1/4 OF SECTION 21, T.3N., 11.78., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS CONIMENCING AT 11-IE EAST 1/4 CORNER OF SAID SECTION; THENCE N. CC DEC 01 MIN 52 SEC W„ ALONG THE EAST LINE OF SAID SECTION, 483,60 ET. TO n4E POINT CF RES/NN/NG; THENCE 5, 08 DEG 57 MIN ER SEC W, 675.09 FT.; THENCE S. 00 DEG OR MIN 13 SEG W. 402,19 FT.; THENCE 1.69 DEG 56 MIN 10 SEC W. 563,18 FT.; THENCE N. CC DEG 05 MIN 53 SEC E. 1211.82 FT.; THENCE N. 08 TJeci SO MIN 42 SEC E, 1335,27 FT. TO SAID EAST SECTION LINE; THENCE S. CC OEG 01 MIN 52 SEC E., ALONG SAID sEcnoN LINE, 843.06 FT. TO THE POINT OF BEGINNING, CONTAINING 31,520 ACRES, SUE)EcT TO THE RIGHTS OF THE PUBLIC OR. ANY GOVERNMENTAL LiNErr ANY PART THEREOF TAKEN, USED OR DEEDED FOR STREET, ROAD OR HIGHWAY PURPOSES, ALSO SUBJECT TO EASEMENTS AND RESTRICTIONS OF Recop.b, IF ANY. 100' WIDE PRIVATE Ee4S.EMENT FOR INGREESIEGRESS &PUBLIC & PRIVATE UTILITIES - TITLE COMMITMENT #4019746: THE CENTERLINE OF A100 FT, WIDE PRIVATE EASEMENT FOR PURPOSES OF INGRESS, EGRESS AND PUBLIC AND PRIVATE UTILITIES IS DESCRIBED AS BEING A PART OF THE EAST 1/2 OF SECTION 21, TIN., R.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY. MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1.4 CORNER OF SAID SECTION; THENCE S. CO IDEG 18 14114 20 SEC E., 535.67 FT.; THENCE S. 85 DEG 19 MIN 13 EEC W. 579.66 FT.; THENCE S. 00 DEG 10 MIN 09 SEC E, 600.00 FT. TO THE NORTH RIGHT-OF-WAY LINE OF M-59 (VARIABLE WIDTH FUONT,OF-WAY) AND THe ponri- OP BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE N. CO DES 19 MIN 09 SEC W„ ALONG SAID CENTERLINE EASEMENT, 1668.76 FT, TO THE POINT OF ENDING OF CENTERLINE EASEMENT 02-25-10 02-13-16 01-30-10 OAKLAND BUSINESS CENTER WATER MAIN EASEMENT EXHIBIT bk41S.N 13A-B DtS(Piell UN. A,Rava-o 5SCP p.8..400 He. 10405 O0020 19700' 2 of 2 girt X: VAIITZLIINV4=gg LIM a. laromarnou blimatu,ri u. unur.fita rsom•AFn01.nehlas. .11,1•11014 /1-01.1tlro Ano11213/0001411-Lirmico,.., 0110C 0.1%. MVO MEN... on.% .0.100111r1 FICIR IOC/MI.4 0.11At ADDIV0.1. rtacusougglgronft 01LIIRalrelaZIZZI ,1111010aLVNIn.1.01110 011141,00V0011110071704 00 011710130N,S ..7 11. 11R u rms. tronscrom. nal-mute ts t11.11‘7Cf LT 4.141414,...“11.051/11171114RVI 7,m gem, AHD tlf01112LA PW...1111.74 011.".;1,11(110101.01'71,11.111110,0111.11111.0 Consulting Mg Engineerz el l "EMI/waling A Better Michigan" ineering Corrinvione 40311-1 & Associates, LLC Offic. 24714919-5 257,59 589° 50' 427E NOO° 09 13"8 26157' 511° 24' 13"W 74.05' 978° 35' 47"E 20.00' 511° 24' 13"6 20.58' 581° 55' 25'E_ 70.09' NOB° 47' 48'E 20.00' 481° 55' 25'W 69.18' NOO° 09' 13"E 9.63' N89° 57' 17"E 500° 09' 13''W 254.54' EASEMENT# 1 N88° 38' Zic' S139° SO' 30,86' N110 24' 130 35.41' WATER MAIN EASEMENT 7-EA5T L/NE, SEC. 21 EXHIBIT "A N00.29'14T.EAST 1/4 CC:4R. -470.'67 SEC. 21 989° 29' 46'W T.3N.,R.7E, 33.00' 689° 29' 46"W 509° 19 OVE 188,87' TO P.0,8. #2 20.00' 588° 38' 49"W EASEMENT#2 N89° 50' 47"W 308.18' 20' WIDE PUBLIC WATER MAIN EASEMENT S CALE' I " -= 2 00' V 989° 29' 45 ,W 626,09', TO P,O.B. #1 989° 50' 47"E__,/ / NOD° 09' 138 20.00' 265.82' SOO° 09' 13"W 96.98' 589° 50' 47"E 11- 21- 200-010 544° 50' 47"E 371,61' SOC° 09' 13"W 5.86i 500° 18' 09".9 70,24' --.1189° 50' 47V- - 3L13 SOO° 09' 13"W 157.13' 545° 09' 13"W 22.58' _N45° 09' 13"E 6.01 20.00' N44° 50' 47"W 22.431 N00° 095'81.33'7'E, I.N.5070.°61.0,9' 13"E S139° 50' 47"E N890 50' 47"W WATER MAIN EASEMENT #1: 38,68' N00° 09' 13"E 38,69, A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SECTiON 21 T.3N., 5.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 WINER OF SAID SECTION; THENCE N. 00 DEG 01 MTh 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 FT.; THENCE S. 89 DEG 79 MIN 45 SEC W, 626.09 Fr. TO THE POINT OF BEGINNING OF SAID EASEMENT #1; THENCE CONTINUMG 5, 89 DEG 29 MIN 46 SEC W, 33.00 FF.; THENCE N. 00 DEG 09 MIN 13 SEC E, 262.57 FT.; THENCE N. 11 DEG 24 mIN 13 SEC 0.35.41 FT.; THENCE N. 81 DEG 55 MIN 25 SEC W. 59,18 Fr,; THENCE N. 08 DEG 47 MIN 48 SEC E. 20.09 FT.; THENCE S. 81 DEG 55 MIN 25 SEC E. 70.09 FF,; THENCE N. 11 DEG 24 MIN 13 SEC 6, 20,58 FF.; THENCE S. 78 DEG 35 MIN 47 SEC E. 20.00 FF,; THENCE S. 11 DEG 24 MIN 13 SEC W. 74.05 FT.; THENCE 5. 10 DEG 09 ION 13 SEC W. 250.64 FT.; THENCE N, 59 DEG 57 MIN 17 SEC E. 13.00 FT.; THENCE S. 00 DEG 99 MIN 13 SEC W. 9.63 rr, TO THE POINT OF ENDING OF A 20 Fr, WIDE PUBLIC WATER MAIN EASEMENT #1. TO+ 1,1) WATER MAIN EASEMENT #2: A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART or THE NORTHEAST 1/4 OF SECTION 21, 7.3N., R.7E„ HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483,60 PT,; THENCE S. BODES 29 MIN 46 SEC W. 725.09 FT.; THENCE S. 00 DEC 18 MIN 09 SEC 8, 188.87 FT, TO THE POINT OF BFGONNOIA3 OF SAID EASEMENT #2; THENCE CONTINUING E. 09 DEG 18 MIN 09 SEC 0.20.00 FT,; THENCE S.88 080 38 MIN 49 SEC W. 70.24 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 31,13 FT.; THENCE S. 00 DEG E9 MIN 13 SEC W. 157.13 FT.; THENCE S. 45 DEG 09 rEN 23 SEC W. 22.58 FT,; THENCE N. 89 DEC $0 MIN 47 SEC W. 385,18 FT.; THENCE N. 44 DEG SO MIN 47 SEC W. 27.43 FT.; THENCE N, 90 DEG 09 MIN 15 SEC E. 187.61 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W, 38,69 FT.; THENCE N. 03 500 08 MIN 13 SEC 0.20.00 FT.; THENCE 5, 85 DEG 50 MIN 47 SEC 8,36,68 Fr.; THENCE N. 00 DEG 09 MIN 13 SEC a. 58.37 FT.; THENCE 5,89 DEG 50 MTN 47 SEC 9.20,00 FT,: THENCE S. 00 DEG 09 MIN 13 EEC W. 257.69 FT.; THENCE S.44 DEG 50 MIN 47 SEC E. 5.86 FT.; THENCE S. 89 DEG 50 MIN 47980 E. 371.61 FT.; THENCE N. 45 000 09 MIN 13 SEC E. 6.01 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E, 265.62 FT,; THENCE 9.89 000 50 MIN 47 SEC E. 20.00 ET.; THENCE S. 00 DES' 09 MIN 13 SEC. W, 96.98 FT.; THENCE 9, 59 DEC 50 MIN 47 550 8. 30.85 FT.:, THENCE N. 88 DEG 38 MIN 49 SEC E. 70.34 FT. To THE pug 05 ENDING OF A 20 FT. W/DE MIBliC WATER MAIN EASEMENT #7, 2110 !mod I - .C)( 0 BEFORE YOU DIG CALL MISS DIG 1-8110-482-7121 OAKLAND BUSINESS CENTER WATER MAIN EASEMENT EXHIBIT ENTERPRISE move, HIGHLAND TIA4,., OAKLAND COUNTY, MI 02-28-1 92-13-18 01-30-18 Form DC-001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Commissioner Philip J. Weipert, Chairperson Planning and Building Committee, Board of Commissioners FROM: Kelsey Cooke, Drainage District Legal Counsel SUBJECT: Charter Township of Highland Water System Asset Transfer from Oakland County DATE: October 30, 2018 The Charter Township of Highland's water supply system is currently owned by Oakland County and operated by the Water Resources Commissioner. It is important for the Township to own its own water supply system so that it can have the authority to make decisions about the water supply system that serves its residents. This water supply system consists of numerous developer-built water supply projects and water main that were transferred by Warranty Deeds to the County from 1973 to 2007. These projects include the following assets along with all related easements, right of ways, related equipment, facilities and improvements all located within the Charter Township of Highland: 1. Axford Acres Well House 2, Bretton Oaks Well House 3. Highland Valley Well House 4. Huntwood Place Well House 5. Prestwick Village Well House 6. South Bay Shores Well House 7. Timber Ridge / Cobblestone Storage Tank 8. White Eagle Water Treatment Plant A map of the water supply system water main is attached for reference. The Water Resources Commissioner and the Charter Township of Highland discussed transferring all water supply system assets from the County to the Township and reached a mutual agreement that it is in the best interests of both parties to transfer ownership. There is no outstanding debt with respect to the finance, design or construction of this water supply system that would otherwise prohibit transfer of the property interests. Requested Committee Action: Recommend adoption of the attached Resolution to the Board of Commissioners. Contact: Kelsey Cooke cookek©oakgov.conn 248-452-2013 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11105108 Resolution #18391 November 14, 2018 The Chairperson referred the resolution to the Finance committee. There were no objections.