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Home My WebLink AboutResolutions - 1997.08.14 - 24965P rANNING AND BUILDING COMMITTEE • • MISCELLANEOUS RESOLUTION #97169 DATE: August 14, 1997 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT REQUEST TO GRANT A PERMANENT EASEMENT FOR SANITARY SEWER CONSTRUCTION ACROSS COUNTY PROPERTY IN THE CITY OF AUBURN HILLS, IDENTIFIED AS SIDWELL NO. 14-03-100-026 (32.49 ACRES OF VACANT LAND) TO: OAKLAND COUNTY BOARD OF COMMISSIONERS, MR. CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the County of Oakland owns 32.49 acres of vacant land in the City of Auburn Hills with frontage on Harmon & Giddings Roads identified as Sidwell No. 14-03-100-026; and WHEREAS, the County of Oakland has received a request from the adjoining property owner to grant a 20-foot wide permanent easement to the City of Auburn Hills for construction of a sanitary sewer across the Harmon Road frontage of County-owned land identified as Sidwell No. 14-03-100-026; and WHEREAS, the Department of Facilities Management has requested the assistance of Oakland County Drain Commissioner and staff to review this request; and WHEREAS, the Departments of Facilities Management, the staff of the Oakland County Drain Commissioner, and Corporation Counsel have reviewed the construction plans and easement documents and recommend the granting of this easement request across this property identified as Sidwell 14-03-100-026 in the City of Auburn Hills; and WHEREAS, the granting of this 20-foot wide permanent easement for sanitary sewer purposes to the City of Auburn Hills will benefit the County and provide sanitary sewer service to County-owned land identified as Sidwell No. 14-03-100-026; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends the granting of a 20-foot wide permanent easement for sanitary sewer purposes across the Harmon Road frontage of County-owned land identified as Sidwell No. 14-03-100-026 in the City of Auburn Hills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or its designee to execute the necessary documents to grant the sanitary sewer easement to the City of Auburn Hills. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. I HEREB THE FOREGOING RESOLUTION L Brooks P arson, County Executive Date i SINCE 1914 A. J. DAMMAN CO. DEVELOPMENT • CONSTRUCTION • MANAGEMENT July 24, 1997 Mr. Patrick Campbell Oakland County Real Estate Section 1200 N. Telegraph Road Pontiac, Michigan 48341 RE: Request for Sanitary/Storm Easement on Tax Key No. 14-03-100-026 Dear Mr. Campbell: A.J. Damman Co., the developer of tax key No. 14-03-100-07 and 008 respectfully requests a twenty five foot joint storm and sanitary easement along the county's east property line as described on the attached exhibit "A", and a temporary construction easement as shown on the construction plans. A.J. Darnman Co. will pay for the installation of the proposed sanitary and storm system. The sanitary system has been designed to provide service and to benefit the county's property and any future development. The proposed easement and sewer system have been engineered in accordance with the request and input of the city of Auburn Hills engineers at Orchard Hiltz McCliment, Inc. We have contacted Gerald F. Mathews, the county's insurance and safety coordinator, and will provide all the required insurance prior to the commencement of any construction activities. Sincerely, Michael J. Damman Managing Member MJD:da cc: Gerald F. Mathews 1900 NORTHFIELD DRIVE ROCHESTER HILLS, MICHIGAN 48309 (810) 853-9120 • FAX: (810) 853-6698 EXHIBIT B A twenty-five (25) foot wide permanent easement for sanitary and storm sewer purposes with a centerline described as beginning at a point on the north line of Harmon Road (43.00 feet % right-of-way) distant S. 89°44'38" W., 769.34 feet along the East-West % line of Section 3, T.3N., R.10E., City of Auburn Hills, Oakland County, Michigan, also being the centerline of Harmon Road (43.00 feet % right-of-way) and N. 0005723" W., 43.00 feet from the center of said Section 3; thence N. 00°57'23" W., 479.57 feet to the point of ending. Also a temporary construction easement described a being 20.0 feet wide parallel to and adjoining the westerly and northerly sides of the above-described permanent easement. Said temporary easement shall terminate upon completion of construction and/or in the event no later than June 1, 1998. Said easements being over and across the following described property (14-03-100-026): A parcel of land described as being in part of the N.W. % Section 3, City of Auburn Hills, Oakland County, Michigan, T3N., R10E., beginning at a point distance S. 02°45'48" E. 1493.23 feet from the N. % corner Section 3 to the point of beginning; thence S. 02°45'48" E., 778.09 feet to a point; thence S. 87°14'12" W., 768.82 feet to a point; thence S. 03°43'15" E., 718.74 feet to a point; thence S. 86°58'50" W., 627.1 feet to a point; thence N. 02°43'58" E., 1505.53 feet to a point; thence N. 87°11'39" E., 1239.78 feet to the point of beginning, containing 32.49+ acres and being Tax Sidwell No. 14-03-100- 026. r= .T.re A. ',4.-;,. .. ft. :1 ,•:'S .. ' -li ' '..k3iiiltrg ''. 1 41pRignsorr," JJ1111111 '. 44.41c...?':.' II, raw iNg 4*- 4if,90:4-??,;4*11W 4 ;oil .M149.2 :7W:.':4y. i ;.11=t=;."'iM*11110) diiill IlinE'iliri 'i.4,:'..i., ,i. f. ,p, -4 roma, • iiiirpg; imp. ---......,-- \... 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SISAL -020 17: .o -003 3 .44. orirro 41,.1 -1 k 4 - gimp /Ztr0:11 I. -001 79 - God 4.21 4 111 f 1 • 1111 - 1•11MOON--"5 SCALF. I • 200' I MIA. •••••••.1 MOM ***** • • •••1•804 • PONT! AC TWP X w • t! C40 PARCEL I Exhibit A CENTER OF PROPOSED 25' WD. SANITARY SEWER a STORM OVERFLOW EASEMENT SEC. 3 1.3 N.,R.10 E. SOUTH 29638' TOTAL y- P.0.8. I morn moo' I NORTH SOUTH V4 LINE SEC. 3 NORTH 420.001 * NORM MOO' 1 PAMIL 2 SOUTH 143.00' It c; 'x 3B cri C° I 1 CC i! 0(P56.10" W. 296.0d1R) /1.00°5723111. 2960e(M) 0 N.0005723"W. 479.57' .0.W cc L i OF PR.2-6-50. EASEMENT Raa 43' ICE LEGAL DESCRIPTION A twenty-five (25.00) foot wide easement for sanitary and storm sewer being described as beginning at a point on the North line of Harmon Road (43.00 feet 1/2 right-of-way) distant S. 89° 44',38" W., 769.34 feet along the East-West 1/4 line of Sec- tion 3, T.3N., R.10E., City of Auburn Hills, Oakland. County, Michigan, also being the centerline of Harmon Road (43.00 feet 1/2 right-of-way) and N. 00° 57' 23" W., 43.00 feet from the center of said Section 3; thence N. 00° 57' 23" W., 479.57 feet to the point of ending. 0110111111/4/ °F itf/%0 J FRAUS N = r— ENGINEER = _ = 02 AMEZP. 4./ 17089 0/ cf:: (1 •••• .......... " (fr, 7°Ftsvo0;n kitimmit0 NOWAK & FRAUS CORP. CIVIL ENGINEERING LAND SURVEYING 1310 N. STEPHENSON HWY. ROYAL OAK, MI PHONE 399-0886 DATED 7-7-97 J08,40.14091 SCALE 1 _215if Patrick Campbell County of Oakland 1 Public Works Drive Waterford, MI 48328 Patrick Campbell Notary Public, Oakland County, Michigan. My commission expires PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan, hereinafter called the Grantor, for and in consideration of the sum of One Dollar ($1.00) paid to it by the City of Auburn Hills, does hereby grant to the City of Auburn Hills the right to construct, operate, maintain, repair and/or replace a sanitary sewer and storm drain purposes across, through and under the following described land situated in the City of Auburn Hills, Oakland County, Michigan, to wit: SEE EXHIBITS "A" AND "B" Said easement being under and across Tax Sidwell No. 14-03-100-026 The premises so disturbed by reason of the exercise restored to it original condition by the City. This instrument shall be binding upon and inure representatives, successors, and assigns. DATED: of any of the foregoing powers shall be reasonably to the benefit of the parties hereto, their heirs, THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation WITNESSES: By: J. McCulloch, Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN COUNTY OF On this day of A.D., 1997, before me a Notary Public in and for said County, personally appeared John McCulloch, to me personally known, who being the Chairperson, of the Board of Commissioners, Oakland County, a corporation created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed on behalf of said corporation by authority of its Board of Commissioners; and the said Chairperson acknowledged the said instrument to be the free act and deed of the said Chairperson of the Board of Commissioners. This information drafted by: 12484522250 P.01 TO JUL-29-1997 1329 FROM ADCO CIRCUITS INC. 1 1 Simi 7974 A. J. DAMMAN CO. DEVELOPMENT • CONSTRUCTION • MANAGEMENT July 29, 1997 Mr. Patrick D. Campbell Oakland County 1 Publicworks Drive Waterford, MI 48328-1907 Re: PROPOSED EASEMENT Dear Mr. Campbell: As a follow up to our phone conversation please let this letter serve as a formal acknowledgment of the following two points: 1. That any future county sanitary sewer taps into the proposed sanitary line will not require any cost reimbursement or tap fees to the developer, its successors or assigns. 2. Although some existing trees will require removal for construction of the proposed sewer system. The developer will provide replanting of new nursery stock trees along the easement. Sincerely, 14441,1 Michael J. Darnman Managing Member 1900 NORTHFIELD DRIVE ROCHESTER HILLS. MICHIGAN 48309 (00) 8S34120 • FM. (310) A.C4-5618 Resolution #97169 August 14, 1997 Moved by Palmer supported by Kingzett the resolution be adopted. AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Devine, Dingeldey, Douglas, Garfield. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 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 August 14, 1997 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 14th day of August 1997. Lyn D. Allen, County Clerk