HomeMy WebLinkAboutResolutions - 1996.10.10 - 24891MISCELLANEOUS RESOLUTION #96229 ' October 10, 1996 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION QUIT CLAIM OUTLOT "A" OF LAKE PINE SUB NO. 1, COMMERCE TOWNSHIP, FOR OAKLAND COUNTY DRAIN COMMISSIONER TO SHORES AT BAY POINTE, A MICHIGAN NON-PROFIT CORPORATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS, CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, by resolution the Township of Commerce, on February 13, 1959, requested that the Oakland County Department of Public Works own and operate any water systems in Commerce Township; and WHEREAS, by Miscellaneous Resolution #3495 dated February 24, 1959, the Oakland County Board of Supervisors established the Oakland County Water Supply System in Commerce Township; and WHEREAS, the Oakland County Board of Commissioners, per Miscellaneous Resolution #81230, directed the Oakland County Department of Public Works to take necessary action to acquire the water supply system serving Lake Pine Subdivision No. 1 in Commerce Township; and WHEREAS, on February 4, 1981, the development of Lake Pines Subdivision No. 1 transferred the well site (out lot A of Lake Pines Subdivision No. 1 and appurtenances to the County of Oakland supply system in Commerce Township); and WHEREAS, said deed of transfer or conveyance to the County of Oakland of out lot A Lake Pines Subdivision No. 1 is subject to revert to grantor, its successors and assigns upon abandonment of the wells and the well site; and WHEREAS, in June of 1988, the Lake Pines Subdivision No. 1 was connected to Commerce Township, Detroit Water Supply System, and the wells abandoned; and WHEREAS, the Oakland County Drain Commissioner is requesting that Outlot A, Lake Pines Subdivision No. 1 be conveyed pursuant to deed of conveyance recorded in Liber 7960 page 54, Oakland County Records to Shores at Bay Pointe, a Michigan nonprofit corporation; and WHEREAS, Department of Corporation Counsel and Facilities Management, Real Estate Section, has reviewed the request of the Oakland County Drain Commissioner and recommends the transfer of Outlot A Lake Pines Subdivision No. 1 to Shores at Bay Pointe, a Michigan non-profit corporation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of Outlot A Lake Pines Subdivision No. 1 to Shores at Bay Pointe for $1 (one dollar) by quit claim. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or designee to execute the necessary documents for the transfer of Outlot A Lake Pines Subdivision No. 1 to the Shores at Bay Pointe, a Michigan nonprofit corporation. PLANNING & BUILDING COMMITTEE STATE OF MICHIGAN COUNTY OF KNOW ALL MEN ey THESE PRESENTS: Twm THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation wheat address is 1200 N. Telegraph Rd., Pontiac, Michigan 48341 Quit chunuto SHORES AT BAY POINTE, a Michigan Non-Profit Corporation whom( sedmin 4 c/o Gregg Bator, Esq. 400 West Maple, Suite 300, Birmingham, Michigan 48009 the following &scribed promises situated in the Township el Commerce Cooney of Oakland and State of Michigan. to-wit: OutLot "A" of "LAKE PINE NO. 1" a subdivision of part of the Northeast 1/4 and part of the Northwest 1/4 of Section 13, T.2N., R.8E., Commerce Twp., Oakland County, Michigan according to the plat thereof as recorded in Liber 170 of Plats, Pages 1 thru 3 inclusive, Oakland County Records. Including any and all equipment remaining on said Outlot "A". for th. hdl consideration of ONE ($1.00) DOLLAR, subject to any and all easements and restrictions of record. (Exempt per MCL 207.505 (5) (h) and MCL 207.526 (6) (h) ). Dated this der of 19 96 Witnesses: Signed and Smiled: THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation By JOHN P. MCCULLOCH (LS.) The (ongoing Worumant was acknowledged before me this (I) by JOHN P. MCCULLOCH, (2) CHAIRPERSON (3) of THE COUNTY OF OAKLAND (4)a Michigan Constitutional My commission expires hi CHAIRPERSON, BOARD OF COMMISSIONERS Its day of Corporation on behalf of the said corporation. 1996 Notary Public County, Michigan Now: Inmwt at (I) name(s) of officer(s) (2) title(s) of officers(s) (3) name of corporation (4) state, of incorporation James W. Isaacs, Jr., Office of the One Public Works Drive inimmimmu OAKLAND COUNTY DRAIN COMMISSIONER Business Waterford, MIchigan 48328-1907 Of sited by Address Recording F.. State Tranalar Tait GRANTOR When recorded return to Send mbiumimmt tmt bills GRANTEE to Tea Parcel # 17-13-126-002 FIRS' AMERICAN TIRE INSURANCE COMPANY OP MID.AMERICA BURTON ASSTRACT DIVISION — SERVING YOU SINCE ISIS ramats,me.c...rm tn II i t Cg Lw ER t CS' DI .7) 1- , 5 I. 4. 1 i!7.711 biC "L. P-LO' Eli 1 I i i 4 i 0 , ; i > vi s..) f ,."..- t II 'a `I. I 9.9. 9. k ntligio Re .4,--0.1tifsg 1 owif tallt -1 II "..:, syAr i Ffili!i; • 1. 11-,til li i i_ ildliRIA it !'IR 111 . . 111:11810:11fiv r I fit 'i if I lig . kleg:11 31 gg .fri il 1 g 114.'it- s aplat-,0 I ' I 1 aNWeilller_ 6 i §! i 1 i li 8 1:iiii t:- 11 ,iji . I n8 1 a 1 g•, t I I 1 .- .81-1 11„411 IP 5. • f R. g3 iliWi: g i 1 A T I 1 11;1 -K - a `.. .t•:•v g -61! 4.4 13 K • s' rre. /9 1 hp; 5. RI,R11 i a? lil aimli:i 9 -.19.ft 1 1,ir I ,,li • Ø .:, ftiiii'il vonormom io ANVA103 aprovwnsmi ruu NVOIIINVY MI/ omen All vivo EMIONVISI nun way um* vim fa.4.64 n •,-4n%.1•••"'N hr.!" 1 PENNAMZO, (Name of Corporation) Grantor day of M 1 ge% Signal: 1°1) August 4 r- ut C e • Merle E. Notary Public. County. lignenew Lesrre:.ce Pennsylvania Taa Powel l Send Subsequent Tax Bins To: Shores at Bay Pointe P.O. Box 385 Union Lake, MM 48085 Rocording Pee NOT AtcAL SEAL MARE r LItYlriEhCE NOW./ Pulvi, Coy of Mumearonia. PM". Qum Graft/ byaity Commerce& Exams May I 1992 Jerare S. Fat1g2r Business Address 300 East Long Lake, Suits 200 Bloomfield hills, MI 48013 Enema Stamps MIIIMMOIMMEMEMM 04$11413 My Commission expires *TM 01 PRINT NAM'S UNDER SIOSAIIIILES • • • •-• ...••• "e .1 When Recorded Return To: =mil. Bator C._IJATOR, P.C. 400 W. Maple, Suite 300 Bi=daghan, MI 48009 '49 1 . • 1.1065k845 i QUIT CLAIM DEED (For Co;pormiea) TbeGnmkm PENROD, ENC. a Delaware corporatioa. whose address is First Pennsylvania Tower West, 17th Floor, Center Square West, Quit MIAOW Philadelphia, PA 19101 SHOMES AT BA7 POINTE, a MiChigan non-profit corporation, whwamms4c/O Gregg Bator, Esq., 400 West Maple, Suite 300, Birmingham, MM 48011 the folkmins described premises situated in the Township 4076 of Commerce . County of oak] and )001 sod State of Michigan: )372 _ OAlot "A" of Lake Pine No. 1 as recorded in Liber 170, Pages 17-2-746d 3, Oakland County Records. 70 ../X) 11-13-1 .16-00 This quit claim deed is given without any warranty cr representation of any kind, nature or description. 1 for the sum M Cne Dollar subject to easements and buddies and um restnctiont of record and further subject ia all defects aril encarlDrances. 1 SS. COUNTY°, Philadelphia The foregoing instrunseat was acknowledged before me this 22nd day of CCR434WEALTH Cr PENNSYLVANIA Ins ' and . Carl 1.. •Cro Its Assistant Br k.1,11,,Narim Zq:tua., _ • William Cohan, 10 an crttoary a F- -4 RI 0 2 a OrninOof0M88800) .8 DELAWARE 19 89 by Executive Vice President 1.11 I 1 ism Cohan (Newts) of Officenr() of PENNAMCO, (Name of Corporation) corporation. on behalf pl the corporation. (State of Incorporation) 1.1/DEED! PAID E{P.1 5 •• 39 0 4: 22PM DS 5.00 is tio1960mt 54 hi .12;14,2 foyers Tide Insomace Orpondon . QUIT CLAMS OMID-CORPORA11011-41rowy Pao CL mu.. Iltok IILLA. 1/J73 mmovammimovivomPmmommILlul First Properties Corporation, a Michigan corporation favvedinviv 1620 Travelers Tower, Southfield, Michigan 48076 County of Oakland, a Michigan constitutional corporation Iftemwm.w 1200 N. Telegraph Road, Pontiac, Michigan 48053 dm Mir dirdball 4401.04 41.242411 iv 04 township (a Commerce 0.wra Oakland mil ow. it Idieblyek See attached Exhibit 'A made partof by reference hereto tee the Mil teed4matra M This Deed is exempt from Michigan Transfer Tax MLA 207.505A Dated this 4th ars a February %Vibram.: y.e.4. Mar t t C. Ssith Calvin H. Melchert STATE OF NUDIUGAN COUNTY OF (DAC L 4 "if) fermeim bastmosoll bet ecimee•Mbpd Were ate this mby Alan M. Kiriluk, (2) Vice president (2)02 First Properties Corporation (4 )a Michigan My cemmiseee amine P1A7 /4 / 98°,2, up 81 Biped tied Seekel: FIRST PROPERTIES CORPORATION ajo a MichigAn corporat n Alan M. Kirik, h,Vice Presidani - - .7.- . - )4 -V :, haq:.42 _. ;...... , daY w P6E0Atie isX/ Ctevaratims ea 1:711.11 M the mid torpoyethea. e. m 77# 4 fp, H Notary Polar t14 A PLJJ1c....e,. Na.: Iron at (1) sre(s) M eacte(0) (2) tide(s) ellems(s) (3) Err cerperstIse (4) stem ciiswerperatial mmemmet 1618 Travelers Tower I llobsom Drat.dby Michael N. Maddin Aym. Southfield, Michigan 48076 ittimedb•Tm $5 .0.1.101....„1„.56070407— StmmTWeehrTm • Qua Clime ft •• teu7960nit 55 FIHIRIT A TO QUIT CLAIM DEED DATED _Ath DAY OF , 1981 BZTWEEN FIRST PROPERTIES COPPORATIOVAS-MNTOR AN1 OP OAKLAND, GRANTEE Description of Take Pane Outlot 'A" Well House Site Tutlot "A" of Lake Pine No. 1 as recorded in Liber 170, pages 1, 2 and 3, Dakland County Records, being a part of a subdivision a part of the northeast 1/4 and part of the northwest 1/4 of Section 13T 2 N R 8 eaz.t Commerce Township, Oakland County, Michigan. This conveyance is subject to the restriction that the Well House and appertances thereto shall be used by the Grantee, as a well site for a municipal rater system serving the residential water supply needs of Lots 1-82, inclusive, Lake Pine No. 1, as recorded in Liber 170, pages 1, 2 and 3 and not otherwise. The Grantor expressly reserves unto itself it's successors and assigns the right to utilize, transfer, assign or convey any surplus capacity to any person or entity for use thereof upon terms and conditions satisfactory to Grantor in writing (Grantor further agreeing to use due diligence in attempting to reach satisfactory terms and conditions with any person or entity presented by Grantee in need of portions of the excess capacity) and that Grantee, shall make available said excess capacity to Grantor for said purposes upon written direction of Grantor, it's successors and assigns. Grantee agrees that any surplus or excess capacity (assuming all lots in Lake Pine No. I are serviced) shall remain available to Grantor, it's successors and assigns to utilize, transfer, assign or convey in whole or part. Grantor further reserves unto itself, it's successors and assigns the right to use the surface of Outlot "A" except the well house for park and recreational purposes provided said use would not result in the contamination of the water supply and further subject to a reversionary interest in the Grantor, it's successors and assigns In the event that said Outlot "A" shall cease to be used as a well site for a municipal water system, upon payment to Grantee of the reasonable cost of abandonment of the said Outlot "A" and search, if necessary, to determine the legal heirs of said Grantor. 0665( ncy . . J 1èS STATE OF MICHIGAN) COUNTY OF CAKLAND)ss ---- oann C. Sartolf ugiVithE 53 8 ' 1 r" 2 BILL OF SALE - Know all Menby these Presents, That First Properties Corporation, a Michigan corporation, of 1620 ?levelers Tower, Southfield, Michigan 48076, in the County of Oakland and State of Michigan, party of the first part, for and in consideration of the sum of One Dollar ($1.00) lawful money of the United States, to it paid by the County of Oakland, m a Michigan Constitutional corporation, 1200 North Telegraph Rd., of ) Pontiac, Michigan party of the second part, the receipt of which is V hereby acknowledged, has bargained and sold, and by these presents do clgrant and convey unto the party of the second part, its executors, administrators, successors or assigns-the following: All pull:1)s, mechanical equipment, storage tank, and appurtences including mains, fittings, gate wells, and fire hydrants comprising the water system installed for the use of premises in out lot "A of Lake Pine No. 1 being a part of a subdivision a part of the Northeast 1/4 and part of the Northwest 1/4 section 13 Town 2 North, Range 8 East Commerce Township, Oakland County, Michigan, according to the plat thereof as recorded in Liber 170, pages 1, 2 and 3 of the Oakland County records. It being understood that in the event any portion of said water system shall cease to be used for its described purpose, then the party of the second part shall convey back by good and sufficient bill of sale conveying fee simple unencumbered title to party of the first part its heirs, successors, or assigns all right, claim or interest to that portion of said water system that is no longer in use. To have and to Hold the same unto the said party of the second part, its executors, administrators and assigns, and successors forever. And the said party of the first part, for its heirs, executors and administrators, does covenant and agree to and with the said party of the second part, its executors, administrators and assigns, and successors to Warrant and Defend the sale of said property, goods and chattels hereby made, unto the said party of the second part, its executors, administrators and assigns, and successors against all and every person or persons whatsoever. Dated: February's, 1981 SIGNED IN THE PRESENCE OF: FIRST PROPERTIES CORPORATION Alan M. KiriIk — Its: VicCfresident -- g FL 7 2, 2- C The foregoing instrument was acknowledged before me this 4thday of February , 1981, by Alan M. Kiriluk, Vice presidentof First Properties Corporation, a Michigan corporation, on behalf of the corporation. Wri-ry Public Oakland County, MichLgan My commission expires: 6-11-83 NY 1.ionEs Pexy ^-;• , "StIl (nn'i. Allen, County Clerk • , Resolution #96229 October 10, 1996 Moved by Palmer supported by Devine the resolution be adopted. AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Garfield, Holbert, Huntoon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. e,sp Or e 40 A001 utw tte-rson. f-xec FOREGOING RESOLUTION io-i f4 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 October 10, 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 10th day of October 1996.