HomeMy WebLinkAboutResolutions - 1995.02.09 - 244341
MISCELLANEOUS RESOLUTION #95021 February 9, 1955
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
RE: OAKLAND COUNTY DRAIN COMMISSIONER'S REQUEST FOR RELEASE OF PORTIONS OF
CERTAIN EASEMENTS, TOWNSHIP OF OXFORD, SEC. 34
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES, AND GENTLEMEN;
Whereas the County of Oakland is the grantee of certain easement
acquired for the construction of a portion of the Clinton Oakland Paint Creek
Intercepter which is recorded in Liber 551: Pages 297, and Liber 5522,
Pages 357, Oakland County Records, and
Whereas during the construction of the sanitary sewer certain portions
were not constructed within the granted easement area, and
Whereas the discrepancy has recently been discovered and the parties
wish to make the necessary corrections by a mutual exchange of a partial
vacation of easement in return for a grant of easement, and
Whereas attached to the original of this resolution are the original
easements, aa granted, the proposed vacation of easement, which describes the
easement areas to be vacated, and a grant of easement over those lands in
which the sanitary sewer is actually situated.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the vacation of easement as requested by the Oakland
County Drain Commissioner, and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its chairperson to execute the Vacation of Easement.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
(1...S.)
Norman P. Henri:Land tact Purchaser
(L. 6.)
(L. S.)
tea5fl ici279 • .
EASEMENT .i() 30063
KNOW ALL MEN BY THESE PRESENTS. That IicLaaa.)12, ji2nrx_a:Z_ittzsagz.4(44..1
hereinafter called the Grantor. for.a4 in consideration of the sum of
($ ) paid to _____ the Count y of Oakland,a Michi-
gan Constitutional Corporation, hereinafter called theCount y , whose address is 1200 North
Telegraph Road, Pontiac!, Michigan, do hereby grant to the Count y the ri g ht to construct,
operate, maintain, repair and/or replace a sanitar y sewer across and through the following
described land situated in the Township of Oxford, Oakland Count y , Michigan to-wit:
Northeast of Northeast Section 34, Town 5 North, Range 10 East, Township of Oxford,
Oakland County , Michigan, except be ginning at point distant South 88°11' West 934.50 ft
from Northeast section corner, th South 3°09'10" East 356.27 ft, th South 86°3V West
182.34 ft, th North 3°13'10" West 361.55 ft, th North 88`11' East 183.40 ft to be g inning.
Conta4ning 38.80 acres. Otherwise known as Parcel P433A on the Oxford Township tax rolls.
The permanent easement shall consist of a strip of land 20.0 ft wide having a centerline
described as beginning at a point on the East line of Parcel P433A, said point bein g North
P40' East along said East line 20.0 ft from the Southeast corner of said parcel, th North
80414'42" West 543.34 ft, th South 89°21'54" West 616.81 ft to the poirt of endin g on the
West line of said parcel, said point of ending being South 88°11' West 1117.9 ft and South
3°51' West 1008.13 ft from the Northeast corner of Parcel P433A, said Northeast corner
being also the Northeast corner of Section 34, Town 5 North, Ran ge 10 East, Oxford Township.
And further, the Grantor does hereb y grant a temporary construction easement to the Count y
consisting of a strip of land 30.0 ft wide parallel to and adjoining the Northerly edg e:.of the
above described permanent easement. , n tel IC' Ca co._
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And further, the Grantor does hereb y grant a temporary construci14 easementUthe
County consisting of a strip of land 30.0 ft wide parallel to and adjoinir the St9thert en edge
of the above described permanent easement.
Said temporary construction easement shall terminate upon the complet Ion date of construction.
The premises so disturbed by reason of the exercise of an y of the foreg oing powers
shall be reasonabl y restored to its original cordition by the County.
This instrument shall be bindin g upon and inure to the benefit of the parties hereto,
their heirs, representatives, successors, and assigns.
IN WITNESS WHEREOF, the undersigned hereunto affixed his signatures
this _16th da y of May , A. D. 19_j..
In presencc. of
./ 1
A.P. Mcrriso4
:1/%0-.4
Maryi B. Dooley
STATE OF MiCHIGAN
COUNTY 01" )
Cn this 1 g,44, day of
and for said count y , personall y appeared No
, A.D. 13 70 , before m;,./ Notary Pub ic ln
rman_P. ROM .
me known to be the same person_ described in and who executed the within Instrument, who
then acknowled ged the same to be free act and deed.
tx, 72,azt, is 2-ire#,:t
S. 000trr, NOT Y PIMIC
Notary Publi cal.:i.e....4,...,4,w,, ji jim'a."" °""'''' County ,
Michigan.
N17 cernm ,lil.-_,n -....:-'• — ,:uciu3t 15, 1 ,-00
to
5-14-70 hc
This instrument drafted b y
W. T. Hardenburc, jr,
550 S. Telegrap -, Road
M!eh"' 40
•
tat 22m357
EASEMENT 7•) 364 53
4
• • *27.7.4111-.Z..4,1-411 CAA.
Theresa Terval, Executrix
BY
/ 6/ Frinti
Helen Lack-e-i-
STATE OF MI:311IGAN )
COUNTY OF /41 44 )
5-14-70 hc This Instrument cirlfted by:
W. 1. Hardenbur - Tr.
550 S. 7e1egrap-- 'ead
Pontiac, MichV 40053
S. Nit4icia9 Ep9tizok
Notary Ptxbl1, County,
Michigan.
Mu ,r;InIrril.:.71nr /...17,1",e/73
XNOW ALL MEN BY THESE PRESENTS, That Myy Teak Este
10528 Marne, Detroit,. Michigan 40224
hereinafter called the Grantor, for and in consideration of the sum of One Dollar
(S 1,00 _3 paid to it by the (:fmulityland. a Michi-
gan Constitutional Corporation, hereinafter called the Cetioty, whr=!:e. address. in 1200 Nnrth
Telegraph Road, Pontiac, Michigan, dcg_s_ hereby grant to th ,. County the right to conntruct,
operate, maintain, repair and/or replace a sanitary sewcr qcros3 and threulh the follnwino
described land situated in the Two_ i_lashillsi_glifszli_galdand Ahigan to-wit:
Northeast of Northeast I Section 34, Town 5 North, Range 10 East, Township of Oxford,
Oakland County, Michigan, except beginning at point distant South 88°11' West 934.50 ft
from Northeast section corner, th South 3°09 1 10" East 356.27 ft, th South 86°32' West
182.94 ft, th North 3'13'10' West 361.55 ft, th North 8r11' East 183.40 ft to beginning,
Containing 38.80 acres. Otherwise known as Parcel. P4331Los .„) the Oxford Township tax rolls.
The perm=nent easement shall consist of a strip of land 20. 0 ft wide having a centerline
described as beginning at a point on the East line of Parcel P4331t, said point being North
1°40 East along said East lino 20.0 ft from the Southeast corner of said parcel, th North
80°14'42" West 543.34 ft, th South 89°2154" West 516.81 ft to the point of ending on the
West line of said parcel, said point of ending being South 88°11' West 1117,9 ft and South
3°51' West 1008.13 ft from the Northeast corner of Parcel P433A, said Northeast corner
being also the Northeast corner clf Section 34, Town 5 North, Range 10 East, Oxford Township.
And further, the Grantor does hereby grant a temporary construction easement to the County
consisting of a strip of land 30.0 ft wide parallel to and adjoining the Northerly edge of the
above described permanent easement.
And further, the Grantor does hereby grant a temporary construction easement to the
County consisting of a strip of land 30.0 ft wide parallel to and adjoining the Southerly edge
of the above described permanent easement.
Said temporary construction easemens shall terminate upon the completion date of construction.
The premises so disturbed by reason of chi: exercise of any rif the foregoing powers
shall be reasonably restored to its original condition by the
This instrument shall be binding upon and Inure :o the benefit nf the particr: hereto,
their heirs, representatives, successors, and assigns.
Dated: (-.„„i„li...or,LI / e • . KIEV 714111s. Estate
• -. WIT NES
On this 45,1"/L day of A.D. 1922 before mc . a Notary Public
in and for said county, personally anoAred ,t44+41
to me personalty known, who being by rnnN 5cyorn:17 duly nwer;r:7, ld ay :ha: !hey
are respecttvety the t‘X(..c..1.Y 0** Of the Mary Talik
J
, a corporation created and existing Linder the laws of thc Si.ate
Of , and that the said Easement Grant was Vgnild and nlcci in behalf of
said oorporatton by authority of its Board of Directors: and the so id ,,,,fq.porrd 4rord.
ecknowirmiged the said inwirurrien o lvc th,^ free cv and deed ni
the said . Mary Tattle Eatarc•
KNOW ALL PEOPLE BY TUBE PRESENTS, That the COUNTY 07
OASZAND, a Michigan Constitutional Corporation, whose address is
1200 N. Telegraph, Pontiac, Michigan 48341, as Grantee under an
Easement, dated May 16, 1970, and recorded in Liber 5511, Page 279,
also dated June 3, 1970, and recorded in Libor 5522, Page 357,
Oakland County Records, Copies of which are attached hereto as
Exhibit "A" and made a part hereof (the flEasement ,0 ) does hereby
acknowledge that the sanitary sewer contemplated by the Easement
has been constructed. However, the portion of the sanitary sewer
across and through the following described lands situated in the
Township of Oxford, County of Oakland, State of Michigan, to-wit:
Northeast 1/4 of Northeast 1/4 Section 34, T.5N., R.10E.,
Township of Oxford, Oakland County, Michigan, except
beginning at point distant S. 8811'W., 934.50 ft. from
Northeast section corner, thence S. 309'10"E., 356.27
ft., thence S. 8632'W., 182.94 ft, thence N. 313'10"W.,
361.55 ft., thence N. 88'11'E., 183.40 ft. to beginning.
Bidwell No. 04-34-200-001.
Also except "Rillorest Villas Condominium" 0.C.C.P. No.
372. Bidwell No. 44-34-226-001 thru 04-34-226-076
inclusive. Containing 20.34 sores. Bidwell No's. 04-34-
300-006 and 04..34-200-007
Is physically located outside the twenty (20) foot wide
permanent easement as described in the "Easement". Therefore, by
the execution of this document, it is the intent of the County of
Oakland to vacate and release only that portion of the permanent
easement located within the aforedescribed parcels to the Fee
Owner(s) of said parcels.
This instrument shall be binding upon and inure to the
benefit of the parties hereto, their heirs, representatives,
successors and assigns.
Dated:
WITNESSES: COUNTY Or OAKLAND, a Michigan
ConatitUtional Corporation
By:
Its:
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1995, by
of the County of Oakland, a Michigan
Constitutional Corporation, on behalf of the Corporation.
Notary Public
Oakland County, IS/chi-gen
Hy Commission Expires:
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
MDW/kmb
WP51-1/4/95
Parcel No. 94-2
Project: CLINTON/OAKLAND
PAINT CREEK INTER-
CEPTOR
RAU=
KNOW ALL MEN BY THESE PRESENTS, That TAR REALTY CORP., A
NICHIGAN CORPORATION, who've address is 28250 Franklin Road,
Southfield, Michigan 48034, hereinafter called the Grantor, 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, do hereby grant to the County
the right to construct, operate, maintain, repair and/or replace a
sanitary sewer system across and through the following described
land situated in the Township of Oxford, Oakland County, Michigan.
PROPERTY DESCRIPTION:
That part of the following description lying within the
Northeast 1/4 of the Northeast 1/4 of Section 34, T.5N.,
B.10E., Oxford Township, Oakland County, described as:
Beginning at point distant N. 8456'38"W., 534.50 ft. and
S. 03'34'04"W., 633.53 ft. and S. 1426 1 14"E., 228 ft.
from the Northeast section corner; thence S. 14"26'14"E.,
572 ft.; thence S. 0334 1 04"W., 97 ft.; thence N.
84'56'38"W., 827.99 ft.; thence N. 0334'04"E., 636.40
ft.; thence S. 845638"E., 651.14 ft. to beginning.
Bidwell No. 04-34-200-006
A PERMANENT EASEMENT DESCRIBED AS FOLLOWS:
A 20 ft. Wide easement whose centerline is described as
beginning at a point on the East property line Of above
described parcel, said point being located distant N.
8456'38"W., 534.50 ft. and S. 03'34'04"W., 633.52 ft.
and S. 1426 1 14"E., 494.58 ft. from the Northeast corner
of section 34, T.5N., R.10E., Township of Oxford; thence
from said point of beginning N. 7535'32"W., 110.89 ft.;
thence N. 85'42 1 48"W.. 315.67 ft.; thence N. 8518 1 55"W.,
308.81 ft. to the point of ending.
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 /6"- day of 2),14p.Awr , A.D., 1994.
In presence of
acknowledged the said
instrument to be the free act and deed of the said Corporation.
CORPORATION,
CORPORAtION
AMPILIDGEMENT
STATE OF MICHIGAN )
COUNTY OF
On this IV day of .Deefieltir , A.D., 1994,beforeme,
a Notary Public in and for said County, personally appeared
-Th.0144 A. Ruth; and to me personally known, who
being by me severally duly sworn did say that they are respectively the
Pf fluter? and of the TAR ReAvrx CORPORATION,
A MICRIGAN 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 Pr eithkt and
44"648 No ary Public
County, BET1Y RAE WSW&
AufaralimationOmena WM. Wien
My Camaisatork FaCpires: brim Dec 18, 1991
This instrument drafted by:
James W. Isaacs, Jr., Office of
Oakland County Drain Commissioner
One Public Works Drive
Waterford, Michigan 48328-1907
MWD/kmb
WP51-D:\CLIR-OAK.EA8\94-R\12/8/94
HEREB PROVE Tc.),FOREGONn RESOLUTION
Resolution #95021 February 9, 1995
Moved by Palmer supported by Johnson the resolution be adopted.
AYES
Garfield,
McCulloch,
NAYS
: Schmid, Taub, wolf, Amos, Crake
Holbert, Huntoon, Jacobs, Jensen,
McPherson, Moffitt, Obrecht, Palmer,
: None. (0)
, Devine, Dingeldey, Douglas,
Johnson, Kaczmar, Kingzett,
Powers, Quarles. (23)
A sufficient majority having voted therefor, the resolution was adopted.
I
L. Brooks Patter2_9R:'--c-07---'inty
STATE, OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on February 9, 1995 with the origiaal
record thereof now remaining in my office.
In testimony Whereof, I have hereunto set my hand and ixed the seal of the
County of Oakland at Pontiac, Michigan this 9th day of
Lyn/ D. Allen, County C1-61k
Date