HomeMy WebLinkAboutResolutions - 1996.02.01 - 24730REPORT (Mist. #96013) February 1, 1.996
BY Planning and Building Committee, Charles Palmer, Chairperson
IN RH: Department of Facilities Management, Real Estate Section - Oakland County
Property at Orion Oaks County Park - Grant of Sanitary Sewer Easement
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning & Building Committee, having reviewed the above-referenced
resolution on February 1, 1996, reports with the recommendation that the resolution
be adopted and that the attached Sanitary Sewer System Agreement and the Letter from
Richard M. White, Director of Public Works, Orion Township, both dated January 26,
1996, also be attached to the resolution.
Chairperson, on behalf of the Planning & Building Committee, I move the
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
01/29/56 09:41 AT&T 9see FPF 4 8124522250 NO. CM GIE12
Charter Township of Orion County of Oakland
Sanitary Sewer System Agreement
This agreement made this .14, day of Je't r4. , 1996, by Orion Township and the
County of Oakland, and whereas, both parties mutually agree to the following:
1.. The County of Oakland is to grant the necessary easements to Orion Township to
construct and maintain a sanitary sewer system through Orion Oaks Park, and whereas the
route of the sewer a, designed by Orchard, /EU & McCliment, Inc., is hereby mutually
accepted by Orion Township and the County of Oakland (Exhibit Per "A"),
2. The County of Oakland through its Parks and Recreation Commission hereby agrees to
pay the sum of S145,200,00 for its share of the construction of said sanitary sewer across
and through Orion Oaks Park.
3. The Township agrees to have its contractor construct a 10.0 foot wide gravel road with
4,0 foot shoulder on both sides of said road. Said road is to be constructed over the
wetlands portion of the permanent easement area. This is to accommodate access for
maintenance vehicles and walkways through the park (see Exhibit '13").
4. The Township of Orion agrees to provide four (4) sanitary stubs or drop manholes be left
for development of the park. The Township also agees to waive all lateral charges for
connection of this sanitary sewer.
It is also mutually agreed that the County of Oakland will pay capital charges for this sanitary
sewer when the County is hooked up. Said charges are to be based on a unit factor of S1,700.00
per unit. One unit is considered to be equal to a single family home.
(3."-IPA•A at 24/
Doug Brown, Supervisor
Charter Township of Orion Oakland County
Park & Recreation Commission
7t74J,4,
WitrieSS witness
Charter Township of Orion
2525 Joslyn • Lake Orton, Michigan 48360 * (810) 391-0304 • Fax (810) 391.9984
OPIQN TOWNSHIP 3133911454 P.03
January 26, 1996
To: Oakland County Board of Commissioners
1200 N. Telegraph Rd.
Pontiac, Mi. 48341
Dear Board Members,
Orion Township has completed the design portion of a
proposed sanitary sewer which is intended to be constructed
through the Orion Oaks County Park in Orion Township. The sewer
is designed to be approximately 7000 feet in length with all of
it in the Orion Oaks Park except for an estimated 200 feet.
The sewer when constructed will serve future development in
the Orion Oaks County Park, a Lake Orion elementary school
(presently under construction) at the Southeast corner of Joslyn
and Clarkston Roads, and will also serve a future Orion Township
facility South of the school on Joslyn Road. This is all that is
presently planned for the sewer, however, the possibility exists
that a future middle school may also be constructed on the school
site.
The route of the sewer follows the same route The Oakland
County Parks Department planned for a sanitary sewer in 1990 when
they were going to develop the Park. At that time the sewer was
to extend to approximately the center of the Park property, and
would have been paid for by the Oakland County Parks Department.
The present proposed sewer will continue Easterly to Joslyn Road.
The original estimate to construct the proposed 7000 foot
sewer was $634,000.00. This estimate was done by the Townships'
consulting engineers (Orchard, Hiltz, and McCliment) in March of
1995. The estimate was done in anticipation of the new
elementary school.
Meetings were held with the school, County Parks personnel,
County Commissioner Obrecht, Orion Township personnel, and a
developer. The developer opted out of the project when he found
out his costs to get the sewer to Clarkston Road. The County
Parks commission approved an expenditure of $145,200.00 toward
the construction cost. This left a $ 488,800.00 balance to be
funded by the school system, Orion Township offered, and the
schools accepted the Township offer, to purchase 207Q of the
school property and would then be obligated to pay for 20% of
the remaining $488,800.00. The amount to be paid by the Township
is $97,760.00. The Township and the schools further agreed to
split on a 50/50 basis any costs over $634,000.00. A copy of the
agreement between the take Orion School System and Orion Township
is attached.
ORION TOWNSHIP 3133911454 P • 04
Breakdown of costs:
Estimated sewer construction
Oakland County Parks share
Orion Township share
Lake Orion Schools share
$634,000.00
- $145,200.00
$488,800.00
- $ 97,760.00
$391,040.0
Anything over $634,000.00 to be shared equally between Orion
Township and the Lake Orion School System.
Since these agreements and the original estimate, Oakland
County Parks has requested a road be constructed over the top of
the sanitary sewer to accomodate access for maintenance vehicles
and walkways through the park. The Parks Department has also
requested four (4) sanitary stubs or drop manholes be left for
connection of future park buildings to the sanitary sewer. These
requests will add approximately $75,000.00 to the original
construction estimate. The estimated construction cost is now
$709,000.00.
Oakland County had informally asked that future connection
charges for any facilities that may be constructed in the Park be
waived. Orion Township is agreeable to waive the Lateral Charges
for the Park because the County is participating in the cost to
construct the lateral sewer through the Park, however, the
Township cannot waive the Capial charges. All new connections to
the Township sewer system, must pay the Capital charges. The
school will also have to pay Capital charges as well as any
facility the Township may construct. Attached, please find a
letter dated July 7, 1995, from Orion Township to Mr. Daniel
Stencil, Chief of Parks in regard to the Capital and lateral
charges.
Costs of the Capital charges in Orion Township are presently
$1,700.00 per unit. One unit is considered to be equal to a
single family home. Orion Township uses a unit factor schedule
based on the type of useage a structure may be used for. The
unit factors are similar to the Oakland County Drain Commission
unit schedule.
ORION TOWNSHIP 3133911454 P.05
The Township would also like to request that the Township
receive authorization to proceed with work on the County property
prior to acquiring an easement if the easement is not granted
prior to February 15th, 1996. Because of the need to have the
sewer in service prior to July 1, 1996, it is important this
project proceed as quickly as possible.
Thank you for your consideration and cooperation in this
matter.
Sincerely,
2 /
Richard M. White
Director of Public Works
Charter Township of Orion
RMW/ksh
copy to: file
attachments
MISCELLANEOUS RESOLUTION 196013 February 1, 1996
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION, OAKLAND
COUNTY PROPERTY AT ORION OAKS COUNTY PARK - GRANT OF SANITARY SEWER
EASEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the Township of Orion is proposing to extend a sanitary sewer system to
provide service to the new proposed high school being constructed in the township; and
WHEREAS, the sanitary sewer system is located adjacent to the County of Oakland
property, known as Orion Oaks Park; and
WHEREAS, the Township of Orion is requesting a permanent easement across Orion
Oaks property for the construction of a sanitary sewer system: and
WHEREAS, the construction of the sanitary sewer system will benefit the County as it will
provide sanitary sewer service to the park for future development of the park; and
WHEREAS, the Oakland County Parks and Recreation Administration has approved a
route and location for said sanitary sewer; and
WHEREAS, on January 17, 1996 at the Oakland County Parks and Recreation Commission
Meeting, the Parks Commission approved and recommended the construction of sanitary sewer
system across Orion Oaks Park; and
WHEREAS, the Departments of Corporation Counsel and Facilities Management have
reviewed the proposed documents and recommend their approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes and approves granting the sanitary sewer easement to the Township of Orion contingent
upon the receipt of a letter of understanding between the Parks and Recreation Commission and
Orion Township specifying both cost figures for each party and tap in fees.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs
its chairperson to execute the sanitary sewer easement agreement.
Chairperson, on behalf of the Planning and Building Committee, 1 mov.e.he adoption of the
foregoing resolution.
ILDI NG COMMITTEE AlelijAiNNING AND
PERMANENT SANITARY SEWER
EASEMENT
Know all men by these presents, that the County of Oakland, a Michigan
Constitutional Corporation, whose address is 1200 N. Telegraph, Pontiac, Michigan.
Hereinafter called the grantor, for and consideration of the sum of one dollar ($1.00) paid
and other mutual consideration and attached hereto as addendum 1 to it by the Charter
Township of Orion, a Michigan Municipal Corporation, whose address is 2525 Joslyn Road,
Lake Orion, Michigan, 48360 (hereinafter called the grantee). Grantor does hereby grant
to the grantee the right to construct, operate, maintain, repair and/or replace a sanitary
sewer system across, through and under the following described property:
Tax Identification Number: 09-17-200-003
EXHIBIT "A"
ORION OAKS PARK
A parcel of land being part of Section 16,17, 20, and 21; T. 4 N., R. 10 E., Orion Township,
Oakland County, Michigan, described as follows:
Beginning at the North 1/4 corner of Section 17, T. 4 N., R. 10 E., Orion Township,
Oakland County, Michigan; thence S.01048'53"E., 1,297.21 feet; thence S.88046'31"W.,
2,068.08 feet; thence 3.02002'39"E., 150.00 feet; S. 8804645'W., 384_54 feet; thence
5.01053'20"E„ 1,107.87 feet to the West 1/4 corner of said Section 17; thence along the
centerline of Baldwin Road the following twelve (12) courses: (1) S.39059'59"E., 805.88
feet; thence (2) S.37039 100"E., 200.00 feet; thence (3) 3.37028'45"E., 200.00 feet; thence
(4) S.27024145"E.. 200.00 feet; thence (5) 3.17053 100"E., 200.00 feet; thence (6)
3,07 027'00"E., 200.00 feet; thence (7) 3.30003'00"E., thence (8) 3.00051'13"E., 214.36
feet; thence (9) 3.03008'18"W., 120.69 feet: thence (10) 3.03003'00"E., thence (8)
3.00051'13"E., 214.36 feet; thence (9) 3.03008'18'W, 120.69 feet; thence (10)
3.03008'34"W., 67.45 feet; thence (11) 244.64 feet along the arc of a curve to the left,
having a radius of 600.00 feet passing through a central angle of 23021'41" with a long
chord bearing of 8.08032'16"E., 242.95 feet; thence (12) S.20013"06"E., 988.63 feet;
thence N.6904427"E., 102.73 feet; thence N.66007'25"E., 126.18 feet; thence
N.62o 30'23"E., 1,527.68 feet; thence 1,598.66 feet along the arc of a curve to the right,
having a radius of 1,800.00 feet passing through a central angle of 50053'13" with a long
chord bearing of N.87056'59"E., 1,546.63 feet; thence 3.66036'24"E., 355.05 feet; thence
520.52 feet along the arc of a curve to the left, having a radius of 120.00 feet passing
through a central angle of 24051'11" with a long chord bearing of 3.78059'59"E., 516,45
feet; thence N.88o34'26E., 2,647.97 feet; thence S.04052'57"E., 178.65 feet; thence
along the Westerly line of Joslyn Road (actually measured to the centerline of Joslyn
Road) along the following six (6) courses: (1) thence 367.68 feet along the arc of a curve
to the right, having a radius of 1,492,40 feet passing through a central angle of 14006'57"
with a long chord bearing of N.12008'35T., 366.75 feet; thence (2) N,19012 1 13"E.,
1,125,01 feet; thence (3) 968.63 feet along the arc of a curve to the left, having a radius
of 1.849,86 feet passing through a central angle of 30000'05" with a long chord bearing
of N.04012'03"E., 957.60 feet; thence (4) N.10047'55"W., 1,450.91 feet; thence (5) 476.56
feet along the arc of a curve to the right, having a radius of 2,924.79 feet passing through
a central angle of 09020'08" with a long chord bearing of N.06007 153"W„ 476.03 feet;
thence (6) N.01027'27"W., 1,318.48 feet; thence S.87043 142"W„ 239.14 feet; thence
N.02o1619"W„ 60.00 feet; thence S.87043'42"W„ 426.82 feet to the North 1/4 corner of
Section 16, T. 4 N., R. 10 E., Orion Township, Oakland County, Michigan; thence
S.87008'16'VV, 2,625.03 feet to the Northeast corner of said Section 17; thence
S.87018'07'W., 2,428.30 feet to the Point of Beginning. Excepting the North 60 feet of the
Northwest 1/4 of said Section 16, and also excepting the North 60.00 feet of the West
426.82 feet of the Northeast 1/4 of said Section 16 taken for Clarkston Road, also
excepting that part taken for the widening of Baldwin Road lying in Sections 17 and 20,
contains 876.93 acres of land.
EXHIBIT `1 B"
DESCRIPTION OF A SANITARY SEWER
20.0 FEET WIDE PERMANENT EASEMENT
A sanitary sewer easement being 20.0 feet wide with a centerline being described as
follows: commencing at the North 1/4 corner of Section 16, T. 4 N., R. 10 E., Orion
Township, Oakland County, Michigan; thence N.87043 142"E„ 426.82 feet along the North
line of said Section 16; thence S.020164 19"E„ 60.00 feet; thence N.87043 142"E„ 239.14
feet; thence S.01027'27"E„ 1,255.74 feet along the centerline of Joslyn Road to the Point
of Beginning; thence S.8502923'W., 242.43 feet; thence N.89037 157W„ 720.00 feet;
thence S.4801651'W., 2,027.49 feet; thence S.73011 112'W., 268.23 feet; thence
S.7904420"W., 304.07 feet; S.12040'34W., 336.16 feet; thence S.4305149'W., 340.52
feet; thence S.19013 149"W., 340.00 feet; S.23033 157W,, 339,39 feet; thence
S.2000812W., 339.10 feet; thence 5.16011'18"W., 337.92 feet; thence S.15012 .00"E.,
113,79 feet to the North line of Keatington Cedars Subdivision No. 1 and the Point of
Ending.
EXHIBIT "C"
DESCRIPTION OF A TEMPORARY
CONSTRUCTION EASEMENT 50 FEET WIDE
A temporary construction Easement fifty (50) feet in width, described as the north and west
50 feet of the north and west 60 feet parallel with and adjoining to the following described
reference line.
Part of Sections 16 and 17, T. 4 N., R. 10 E., Orion Township, Oakland County, Michigan,
described as:
Commencing at the North 114 corner of Section 16, T. 4 N., R. 10 E., Orion Township,
Oakland County, Michigan; thence N.87043'42"E., 426.82 feet along the North line of said
Section 16; thence S.02016119"E., 60.00 feet; thence N.87043'42"E., 239.14 feet; thence
S.01027'27"E., 1,255.74 feet along the centerline of Joslyn Road to the Point of Beginning;
thence S.85029231W., 242.43 feet; thence N.89037 1571 W., 720.00 feet; thence
S.480 321 19"W., 206.00 feet; thence N.8802226'W., 200.00 feet; thence N.8802215 1 W,,
225.11 feet; thence S.59001`53'W. 317.00 feet; thence S.58055'29"W., 319.12 feet;
thence S.48016 151"1/V., 2,027.49 feet; thence S.73011121N., 268.23 feet; thence
S.7904420"W., 304.07 feet; S.12040'34W., 336.16 feet; thence S.43051'49"W., 340.52
feet; thence S.19013 149"W., 340.00 feet; S.23033571N., 339.39 feet; thence
S.2000812"W., 339.10 feet; thence S.16011 1 18W, 337.92 feet; thence S.15012 100"E.,
113.79 feet to the North line of Keatington Cedars Subdivision No. 1 and the Point of
Ending.
EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement for the borrow areas "A," "B," and "C." These
easements are shown in the Orion Oaks Sanitary Sewer Extension plans and
specifications, page 2 of 19 as designed by Orchard, Hiltz, & McCliment, Inc.
Said temporary easements shall terminate upon completion date of construction. The
premises so disturbed by reason of the exercise of any of the foregoing powers, rights and
privileges, shall be reasonably restored to its prior condition by Grantee.
This instrument shall be binding upon the inure to the benefit of the parties hereto, their
heirs, representatives, successors and assigns.
Pat Campbell
County of Oakland
1 Public Works Drive
Waterford, MI 48328
Patrick Campbell
Notary Public, Oakland County,
Michigan.
My commission expires
COUNTY OF OAKLAND
A MICHIGAN CONSTITUTIONAL
CORPORATION
Dated:
WITNESSES:
By
John McCulloch, Chairperson
Oakland County Board of
Commissioners
STATE OF MICHIGAN
COUNTY OF
The foregiong instrument was acknowledged before me this day of
, 1996, by John McCulloch, the Chairperson of the Board of Commissioners
of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the
Corporation,
This instrument drafted by:
ADDENDUM -
NOW, THEREFORE, in consideration of the mutual agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
I. Insurance
Orion Township shall provide and maintain the following insurance coverages:
a. $1,000,000 Combined Single Limit Comprehensive General
Liability with $3,000,000 aggregate amount, Broad Form
Endorsement/or the following as minimum requirements:
• Products and completed operations
• Broad form property damage
• Premises/Operations
• Independent contractors
• (Blanket) Broad form contractual
• Personal Injury - delete contractual exclusion "A" and
employee exclusion "C"
• Additional Insureds - The County of Oakland, Oakland County
Parks and Recreation, their elected and appointed officials,
employees and volunteers
b. Workers' Compensation as required by law.
$1000,000 Employers' Liability
c. $1,000,000 Combined Single Limit Automobile Liability, including
hired and leased vehicles, and owned and non-owned autos.
No Fault coverage as required by law.
General Certificates of Insurance
All Certificates of Insurance, self insurance, and/or duplicate policies of any
outside vendor or contractor shall contain the following clauses:
a. The insurance company(s) issuing the policy or policies shall
have no recourse against the County of Oakland for payment of
any premiums or for assessments under any form of policy."
Any and all deductibles in the above-described insurance
policies shall be assumed by and be for the account of, and at
sole risk of, the contractor."
All Certificates are to provide 30 days notice of material change or cancellation.
Contractor Requirements
The Contractor must provide the County of Oakland an Owners Contractors
Protective icy in the amount of $5,000,000 per occurrence,
$10,000,000 aggregate, and $0 deductible with the County of Oakland named
insured, This coverage must remain in effect for the term of construction plus
six months or term of construction and warranty period plus six months.
ll Indemnification
The Township of Orion shall indemnify and hold the County of Oakland harmless from and
against all liability, actions, claims, demands, costs, damages or expenses of any kind which
may be brought or made against the County of Oakland arising from the Township of Orion's
negligent acts or omissions or upon the Premises.
Ill Protection of Work and Pro.perty
The Township of Orion shall have its Contractor continuously maintain adequate protection of
all work from damage and shall protect the County of Oakland property from injury or loss
arising in connection with use of this sanitary sewer easement, the Township shall make good
any such damage, injury or loss, except such as may be directly due to errors in the contract
documents or caused by agents or employees of the County. The Township shall adequately
protect adjacent property as provided by law and construction documents. Also, the Township
shall have its contractor fence or secure all areas of construction, including borrow areas, 24-
hours prior to and during construction, and shall remain secure until sewer construction trench
is completely backfilled and borrow areas are no longer in use.
IV Environmental Protection
The Township of Orion shall indemnify and hold the County of Oakland harmless from and
against all liability, actions, claims, demands, costs, damages or expenses of any kind which
may be brought or made against the County of Oakland for environmental damage resulting
from the use by the Township of Orion, its agents, employees, contractors or assigns, of the
easement herein granted by this document whether they be brought by any agency, public or
private, state or federal pursuant to any state or federal statute extant or to be promulgated.
V Permits and licenses
The Township of Orion agrees to acquire all necessary state and federal permits and licenses
at its expense solely. The County of Oakland agrees to assist in the acquisition as it is able
but at no expense to itself.
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DETAIL A
OCTS. NOTE: CONTRACTOR SHALL REMOVE MISTING PEAT AND MARL FROM
waiiiN ROAD EMBANKMENT AREA WITHIN THE WETLANDS.
PROPOSED IMPROVEMENTS AT ORION OAKS PARK
D. Allen, County Clerk
Resolution #96013 February 1, 1996-
Moved by Palmer supported by Obrecht the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Obrecht the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
I HERE6 Oyp9FOREGOING RESOLUTION
L. Brooks Patt IltYecutive Date
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 1, 1996 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac. Michigan this 1st day of February 1996.