HomeMy WebLinkAboutResolutions - 1997.10.09 - 25188' • October 9, 1997
MISCELLANEOUS RESOLUTION #97209
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT FOR OAKLAND COUNTY PARKS AND
RECREATION COMMISSION - QUIT-CLAIM PERRY LAKE ROAD CUL-DE-SAC IN
INDEPENDENCE OAKS COUNTY PARK TO THE ROAD COMMISSION FOR OAKLAND COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland, through its Parks and Recreation
Commission purchased property in Independence Township known as Independence
Oaks; and
WHEREAS, in order to secure said property for parks purposes, certain
roads were closed and were requested to be abandoned through the Road Commission
for Oakland County; and
WHEREAS, on March 19, 1974, the Road Commission for Oakland County
adopted a resolution abandoning and di!-;rnnt'rning- those roads requested by the
Parks and Recreation Commission with the lirdi nding, and based on the
assuredness of the Oakland County Parks and Recreation Commission, that a cul-de-
sac turn around would be dedicated and constructed by said Oakland County Parks
and Recreation Commission and located north of the east and west one-quarter line
of Section 9 (being an extension of Perry Lake Road, fully within the enclosed
park area) and be prepared for public use; and
WHEREAS, the said cul-de-sac was constructed in a manner acceptable to
the Road Commission for Oakland County; and
WHEREAS, due to an oversight, the property on which the cul-de-sac was
built was never quit-claimed to the Road Commission for Oakland County; and
WHEREAS, it would be beneficial to the County of Oakland to quit-claim
the subject property to the Road Commission for Oakland County as the liability
will be conveyed to the Road Commission for Oakland County; and
WHEREAS, said cul-de-sac was constructed by the Oakland County Parks and
Recreation Committee in 1974 and is presently being maintained by the Road
Commission for Oakland County; and
WHEREAS; the present Parks and Recreation Commission along with staff and
administration recommends quit-claiming this property to the Road Commission for
Oakland County; and
WHEREAS, the Department of Facilities Management and Corporation Counsel
have reviewed and recommend the quit-claim of this property to the Road
Commission for Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners recommends and approves the quit-claiming of the subject property
to the Road Commission for Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs its chairperson or its designee to execute the necessary documents to
effect the same.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
iul• a IOUS
Abandonment No. 73005
COPY OF RESOLUTION ADOPTED BY THE
BOARD OF COUNTY ROAD COMMISSIONERS
OF THE COUNTY OF OAKLAND, MICHIGAN.
UNDER DATE OF MARCH 19, 1974.
WHEREAS, this Board has heretofore received a sufficent request
In accordance with Section 18 of Chapter IV of Act 293 of the Public Acts
'.of the State of Michigan for the year 1909 as last amended, being M. S. A.
Section 9.118, for the absolute abandonment and discontinuance of a certain
public highway under the jurisdiction and control of this Board which public
• highway is more particularly described as follows:
'Land in the Township of Independence, Oakland County,
Michigan to wit: Hoyt Road from Perry Lake Road
• easterly to the intersection of Sashabaw Road and a portion
of Perry Lake Road from the intersection of Shappie Road
southerly to the east - west 1/4 Section Line of Section 9,
Independence Township.
WHEREAS, a hearing was held on January 24, 1974, and said examiner
has made a written report of all finding of fact to this Board; all in accordance
iiwith provisions of the above statute.
WHEREAS, this Board has processed and considered said request in
laccordance with the statute in such case made and provided.
NOW THEREFORE BE IT RESOLVED, that this Board hereby declares
and determines that it is in the best interest of the public to absolutely abandon
;and discontinue the above described public highways.
BE IT FURTHER RESOLVED that this Board hereby grants the request
for the abandonment of the above described public highways and the said public
thighways are absolutely abandoned and discontinued.
I hereby certify that the above is a true and
correct copy of a resolution adopted by the
Board of County Road Commissioners of the
County of Oakland, State of Michigan, under
date of March 19, 1974,
7
R. G. Worland - Secretary Clerk of the Board
7 ' .
vu,4toyi nZo. .1.4.41Q .V44. U.P.V U.so torli 41fij VUY
COPY OF RESOLUTION ADOPTED BY THE
BOARD OF COUNTY ROAD COMMISSIONERS
OF THE COUNTY OF OAKLAND, MICHIGAN,
UNDER DATE OF MARCH 19, 1974.
WHEREAS, this Board has by resolution abandonded and discontinued
Hoyt Road from Perry Lake Road easterly to Sashabaw Road and a portion
of Perry Lake Road from the intersection of Shappie Road southerly to the
! east-west 1/4 Section Line of Section 9, Independence Township on the
petition of the Oakland County Parks and Recreation Commission with the
understanding, and based on the assurances of the said Oakland County Parks
! and Recreation Commission that a 120 foot x 120 foot cul-de-sac (turnaround)
!. would be dedicated and constructed by said Oakland County Parks and Rec-.,
reation Commission located north of the east - west 1/4 line, Section 9
:! fully within the proposed park area and prepared for use by the public. Such
cul-de-sac should be constructed in a manner acceptable to the Oakland
County Road Commission, and in addition that the said Oakland County Parks
and Recreation would reserve, over the northerly portion of the park property
sufficient land to provide a right-of-way for the extension of Shappie Road
towards Sashabaw Road and if and in the event this Board determines in the
future that it is necessary to construct Shappie Road to Sashabaw Road the
Oakland County Parks and Recreation will dedicate the right -of-way on its
property and participate in the cost of such construction. In addition the said
Oakland County Parks and Recreation Commission assured this Board that
it will participate in the cost of gravel to improve the low spots on Shappie
Road west of Perry Lake Road and Oak Hill Road east of Perry Lake Road.
NOW THEREFORE BE IT RESOLVED, that this Board hereby requests
that the Oakland County Parks and Recreation Commission adopt a resolution
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7
confirming and ratifying the understandings and assurances set forth in the
WHEREAS clause of this resolution.
I hereby certify that the above is a true and
correct copy of a resolution adopted by the
Board of County Road Commissioners of the
County of Oakland, State of Michigan, under
date of March 19, 1974.
• R. G. Worland - Secretary-Clerk of the Board
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Moved by Donald Nick
Supported by Velma Austin
RESOLUTION ADOPTED on
rank KYchardson, Chairman
47 c
„ze,
MAX-LEGAL . 4003 04/11/07 UUN 15:27 FAY 810 045 0z77
7
7-71
RESOLUTION
WHEREAS, the Oakland County Road Commission has by resolution.
abandoned and discontinued Hoyt Road from Perry Lake Road easterly
to Sashabaw Road and a portion of Perry Lake Road from the
intersection of Shappie Road southerly to the east-west 1/4 Section
Line of Section 9, Independence Township and
WHEREAS, their resolution contains that a 120 foot x 120 foot
cul-de-sac (turnaround) would be dedicated and constructed by the
Oakland County Parks and Recreation Commission and located north
of the east-west 1/4 line, Section 9, fully within the proposed
park area and prepared for use by the public. Such cul-de-sac
should be constructed in a manner acceptable to the Oakland County
Road Commission, and in addition the Oakland County Parks and
Recreation Commission would reserve, over the northerly portion
of the park property sufficient land to provide a right-of-way for
the extension of Shappie Road towards Sashabaw Road and if and
in the event the Oakland County Road Commission determines in the
future that it is necessary to construct Shappie Road to Sashabaw
Road the Oakland County Parks and Recreation Commission will
dedicate the right-of-way on its property and participate in the
cost of such construction. In addition this Commission will
participate in the cost of gravel to improve the low spots on
Shappie Road west of Perry Lake Road and Oak Hill Road east of
Perry Lake Road.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Parks
and Recreation Commission will abide by and cooperate with all
conditions set forth in the Oakland County Road Commission's
Resolution under date of March 19, 1974.
Lewis Wint, Secretary
7
Oakland County Parks and Recreation
Ann: Ralph Richards
2800 Watkins Lake Rd
Waterford, MI 48328
Dear Mr. Richards:
FILE No. 483 08/06 '97 08:22 ID:OAKLAND COUNTY PARKS a R 248 858 1683
July 24, 1997
aNctOo 440 &PEC0.000 COW.
3111.
flecoveo
We presently own and reside at 8950 Perry Lk. Rd. in Clarkston. This particular piece of
property is adjacent to Independence Oaks Park at the end of the cul de sac.
We were of the opinion that the cul de sac and the piece of property we use as driveway
access was a public right away. Oakland County Road Commission does maintain our roads and
ail de sac. We have since become aware that in this incidence that the road belongs to the Parks
and Recreation. Therefore, we are asking permission to access our driveway from the cul de sac.
Your response to this matter as soon as possible would be greatly appreciated. If you should
have any questions please feel free to call.
Thank you,
Christopher and Cii:rn4D4172sey
8950 Perry Lk. Rd
Clarkston, MI 48348
248 625 0011
°ewer-- Ce,etaerazr-era
KIEFT ENGINEERING, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
5852 South Main Street
Clarkston, Michigan 48346
JAI*AS SOAR. PS. - Rook:font 810:625-5251
WILIAM J. G°GA• `11. Wc• PreSident see-retotv FAX 810: 625-7110
August 26, 1997
KE 1197355
TIMOWAHNILPI -komwer
DESCRIPTION OF PERRY LAKE ROAD
CUL-DE-SAC CONVEYANCE
Part of the NE 1/4 of Section 9, T4N, R9E, Independence Township,
Oakland County, Michigan, described as beginning at a point on
the E-W 1/4 line of Section 9, located S 89°24'21"W 1650.88 ft
from the E 1/4 corner of Section 9, T4N, R9E; Th continuing S
89°24'21"W 160.00 ft; Th N 16°49'54"E 140.00 ft; Th N 89°24'21"E
160.00 ft; Th S 16 °49'54"W 140.00 ft to the point of beginning.
Containing 0.49 acres and subject to easements and restrictions
of record, if any.
RECEIVED
SEP 02199?
OAKLAND COUNTY FactmEs MAINTENANCE 111 OPERATIMS DIVSION
}ss. Its STATE OF MICHIGAN
COUNTY OF
QUIT CLAIM DEED - CORPORATION - Statutory Form
KNOW ALL MEN BY THESE PRESENTS: That County of Oakland, a Michigan Constitutional
Corporation
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
Quit Claims to The Road Commission for Oakland County
whose address is 31001 Lahser Road, Beverly Hills, Michigan 48025 the following described premises situated in the Towrichi ot Independence Oakland and State of Michigg, r
County of
Part of the NE 1/4 of Section 9, T4N, R9E, Independence Township, Oakland County,
Michigan, described as beginning at a point on the E-W 1/4 line of Section
9, located S 89024'24"W 1650.88 ft from the E 1/4 corner of Section 9, T4N, R9E;
Th continuing S 89024'24"W 160.00 ft; Th N 16 049'54E 140.00 ft; Th N 89024'24"E
160.00 ft; Th S 16°49'54"W 140.00 ft to the point of beginning. Containing 0.49
acres and subject to easements and restrictions of record, if any. Being part
of tax sidwell no. 08-09-200-004 Independence Oaks Park.
Part
More commonly known as: Pt. Independence _Oaks tax Item No. 08-09-200-004
Oakland County Park for Ma full conMclanWon of $1.00
Dated this day of 19
Witnesses: Signatures:
(L.S.)
By
John P. McCulloch
Its Chairperson of the Oakland
County Board of Commissioners
The foregoing instrument was acknowledged before me this day of , 19
0/by John P. McCulloch
(2) Chairperson
(3)ot the Oakland County Board of Commissioners
(4)a Michigan Constitutional Corporation on behalf of the said corporation.
Note: Insert at (1) name(s) of officer(s) (2) title(s) of officers (3) name of corporation (4) name of
incorporation
Notary Public-
Drafted By: County, Michigan
My commission expires:
Recording Fee: Return to:
State Transfer Tax:
Send subsequent tax bills to:
PHILIP R. SEAVER TITLE COMPANY, INC.
Form 7 2700 North Woodward, Bloomfield Hills, Michigan 48304 (248) 338-7135
Resolution 497209 October 9, 1997
Moved by Palmer supported by Millard the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Amos, Coleman, 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 October 9, 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 9th day of October 1997.
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TVW n D. Allen, County Clerk