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HomeMy WebLinkAboutResolutions - 1998.12.10 - 25306, November 19, 1998' ' Miscellaneous Resolution # 98292 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER CHAIRPERSON IN RE: OFFERS TO PURCHASE LOT 42 AND SOUTH 30 FEET OF LOT 43, BLOOMFIELD SITES SUBDIVISION, LOCATED IN THE CITY OF BLOOMFIELD HILLS, TAX S1DWELL NO. 19-11-402-028 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns vacant residential property located in the City of Bloomfield Hills identified on the City tax rolls as Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision, Tax Sidwell No. 19-11-402-028; and WHEREAS the property was formerly used by the Oakland County Department of Public Works as a well site for distribution of water in this subdivision and is now vacant; and WHEREAS this property is deemed or classified as "minimal" for building a residential home due to poor subsoil conditions, floodplain area and a large easement for the Amy Drain; and WHEREAS this property was sold on a land contract to Lyle K. Daly and his wife for $36,000 with $3,600 down in 1988 per Miscellaneous Resolution 88096; and WHEREAS in 1994 Corporation Counsel exercised forfeiture proceedings against Lyle K. Daly and his wife pursuant to terms and conditions of this land contract for nonpayment; and WHEREAS the Department of Facilities Management received authorization from the Planning and Building Committee at its August 11, 1998 meeting to sell this property, per Board of Commissioners' Procedures for Sale of County Property, identified as Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision, located in the City of Bloomfield Hills and identified as Tax Sidwell No. 19-11-402-028; and WHEREAS pursuant to the procedures for Sale and Purchase of Property, Oakland County Board of Commissioners Planning and Building Committee, this property was advertised in both the Oakland Press and the Birmingham Eccentric for two consecutive weekends pursuant to Board of Commissioners Procedures by requesting sealed bids; and WHEREAS three bids were received on the subject property as follows: Joseph and Nancy Fabrizio bid $60,100 with a deposit check of $7,000, David Kellet bid $67,855 with a deposit check of $6,785, and Donald Klein bid $70,366 with a deposit check of $10,000; and WHEREAS it is the recommendation of Facilities Management to accept the sealed bid of Donald Klein of 48700 Structural Drive, Chesterfield, Michigan 48051 in the amount of $70,366 with a deposit of $10,000. WHEREAS upon acceptance of the Offer to Purchase from Mr. Donald Klein in the amount of $70,366, the County hereby agrees to sell Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision, located in the City of Bloomfield Hills and identified as Tax Sidwell No. 19-11- 402-028; and Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Johnson absent. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts this Offer to Purchase from Donald Klein for $70,366 for property identified as Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision, located in the City of Bloomfield Hills and identified as Tax Sidwell No, 19-11-402-028. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson to execute the necessary documents for the sale of this property identified as Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision, located in the City of Bloomfield Hills and identified as Tax Sidwell No. 19-11-402-028. BE IT FURTHER RESOLVED that it is mutually understood that this is a cash sale and "as is" condition. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of , 199 by and between, The County of Oakland, a Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Seller") and Donald 0. Klein/Deborah M. Klein, 48700 Structural Drive, Chesterfield, MI 48051 (hereinafter "Purchaser"), for the purchase of all right, title and interest in and to land in the City of Bloomfield Hills, State of Michigan, and described as: Legal Description Lot 42 and South 30.0 feet of Lot 43, Bloomfield Sites Subdivision, City of Bloomfield Hills, Michigan Parcel I.D. Number 12-19-11-402-028 Subject to all easements and restrictions relating thereto, and subject to the following terms and conditions: 1. PURCHASE PRICE/CONSIDERATION Subject to the adjustments and prorations provided in this Agreement, the Purchase Price shall be Seventy Thousand Three Hundred Sixty-Six ($70,366.00) Dollars payable as follows: a. Earnest Money Deposit. Purchaser shall pay the sum of Ten Thousand ($10,000.00) Dollars as earnest money deposit. Said deposit shall be applied toward the purchase price at the time of closing or disbursed to Seller in accordance with this Agreement. b. Cash Sale. Balance of the purchase price shall be paid by cash or certified check. 2. TITLE CONVEYED Title to the premises shall be conveyed at the closing by a warranty deed conveying marketable title to the premises. 3. TITLE INSURANCE As evidence of title, Seller agrees to furnish to Purchaser, as soon as possible after acceptance of this offer, but not later than thirty (30) days after acceptance, a commitment for an ALTA owner's form title insurance policy, with standard exceptions, in an amount not less than the purchase price, certified to a date later than the acceptance hereof guaranteeing fee simple absolute title in an insurable and marketable condition by a Michigan Title Company. 4. TITLE OBJECTIONS Within two weeks of Purchaser's receipt of title commitment and based upon the written opinion of the Purchaser's attorney that the title is not marketable, then upon written notice to Seller, Seller shall have thirty (30) days from the date Seller is notified, of the particular defects claimed, to either (1) remedy the defects, or (2) obtain a commitment for title insurance, insuring in a manner satisfactory to Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to remedy the defects, or obtain such commitment for title insurance within said period, Purchaser may waive said title defects and close subject to same. However, if Purchaser does not so waive, the deposit shall be refunded forthwith to Purchaser and this Agreement terminated. 5. CLOSING. If this offer is accepted by the Seller and if Seller can convey title as agreed, subject to all contingencies of sale described herein, including approval from the appropriate governmental authority [i.e. Oakland County Board of Commissioners], the Purchaser agrees to complete the sale within forty-five (45) days after delivery of a title insurance commitment executed by Seller and Purchaser or this agreement will be null and void. Purchaser and Seller covenant that each shall use their best efforts to fulfill the intent of this Agreement. The closing of the sale shall take place at the office of Pat Campbell, located at One Public Works Drive, Waterford, Michigan 48328, or a location agreeable to the parties. 6. DEFAULT OF PURCHASER. In the event the Purchaser shall default in the performance of its obligations herein, Seller may: a. Specifically enforce this Agreement and required specific performance of this contract; or b. Declare that the Purchaser has forfeited all rights hereunder and retain the deposit as liquidated damages. 7. DEFAULT OF SELLER. In the event Seller shall default in the performance of its obligations herein, Purchaser may: a. Specifically enforce this Agreement and require specific performance of this contract; or b. Demand a refund of the entire deposit. Return of the deposit shall terminate this Agreement. 8. POSSESSION. Purchaser shall have possession of the premises at closing. 9. TAXES. All taxes on the property which are due and payable on or before the date of closing shall be paid by Seller, with proration based upon due date and based upon payment of taxes in advance. 10. SPECIAL ASSESSMENTS. Any unpaid special assessments which are a lien at the time of execution of this agreement, shall be paid by the Seller in full at the time of closing. Any special assessments which become a lien from the date of execution of this agreement by both parties and the date of closing shall be pro- rated over the useful life of the improvement to which such assessment pertains, and Seller shall pay pro-rata share of the special assessments attributed to the period from the date of execution of this agreement to the date of closing. 11. WARRANTIES BY THE SET,I,E12. The Seller specifically disclaims any and all warranties. 12. BINDING EFFECT. a. This is a legally binding Agreement. All parties understand and have been advised that they have the right to seek the advice of an attorney prior to execution of this Agreement. b. The covenants herein shall be binding upon and inure to the benefit of the heirs, executors, administrators and personal representatives. c. This Agreement is not binding until executed by both parties. 13. CONDEMNATION. In the event of an institution or proposal of condemnation proceedings prior to closing, Purchaser shall have the right to either (i) terminate this Agreement upon written notice to Seller or (ii) proceed to closing. At closing, Seller shall assign to Purchaser all of Seller's rights to any award or payment in lieu thereof. 14. NOTICE. Any notice, request, demand, consent, approval or other communication given hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, addressed to the other party at its address as set forth below: Seller: County of Oakland 1200 N. Telegraph Road Pontiac, MI 48341 Purchaser: Donald 0. Klein/Deborah M. Klein 48700 Structural Drive Chesterfield, MI 48051 Any party may, by notice given as aforesaid, change its address for any notice. Any notice by either party shall be sufficient if signed on behalf of said party by any partner thereof or officer thereof. 15. TIME OF THE ESSENCE. Time is of the essence for this Agreement, except that Purchaser may waive this provision for the purpose of Seller curing title defaults. 16. CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan that are applied to contracts made and to be performed in this State. 17. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and supersedes all prior agreements, oral or written, between them. It may not be modified, changed or altered unless reduced to writing and signed by each of the parties hereto. 18. CONDITION OF THE PREMISES Purchaser accepts the premises in its present condition, as-is with no warranties either express or implied that the subject property is suitable for development. The subject property may have limited use for development because of its location within a flood plain. In addition, there may be poor soil conditions which may necessitate the use of pilings and prohibit the construction of a basement as well as limit the size of a dwelling to be constructed. The property is further restricted for development because of a previously granted easement for the construction of the Amy Drain which traverses the subject property. WITNESSED BY: PURCHASER: Donald a Klein Deborah M. Klein • • Seller's Acceptance The above offer is accepted by Seller, who agrees to be bound by all of the terms and conditions contained therein. WITNESSED BY: SELLER: By: County of Oakland, a Michigan Constitutional Corporation WA 1 PAM ROUX XA 0 0 0 • "..- - •!,` M7:1 12 :.„. . 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R.10E. 5-24 r N./ gret4A>,#6,Mer 4E, sAe .1/ &al • / Fig &Ms S 3c1 Pr OP e.or k3 oivAe s7 " ciedi -4°-365442 rzdo° 4.° 32/-3W? 41 ‘,Z S753*---4° ei4.4 159799 7-roG 'ate 7457" __ /15- e geZ. deA4 9771.6 it,. 75;4 Ale pe Zawdee , ci700.1,ku.ct“Ai ft/2- f‘roci eq0A-9*-settb /1/97-44 Joseph and Nancy Fabrizio 9467 Thornhill Drive Clarkston, MI 48343 (248) 391-3449 October 16, 1998 Department of Facilities and Management 1 Public Works Drive Waterford, MI 48328-1907 Attention: Pat Campbell - Property Manager Re: Vacant Residential Property City of Bloomfield Hills Lot 42 and S 30 ft. of Lot 43, Bloomfield Sites Sub. Sidwell No. 19-11-402-028 Dear Mr. Campbell: I wish to to make a $ 60,i0.0 cash bid to purchase the referenced residential lot as recently advertised for sale. As requested in the invitation to bid, I have enclosed herewith a cashier's check in the amount of $7,000 to be applied to purchase price if this bid is accepted. Although I understand that the property is located within a flood plain and may have limited use for development and that poor soil conditions may necessitate use of pilings for construction and limit the size of a home, I am bidding on this property for the sole purpose of building a residence_ Accordingly, I am counting upon the inference that this residential property may be so used and that construction of a residence on this property, though restricted, is permissible. Please advise if I am incorrect in this assumption. Thank you. Very truly yours, c e 77a 7ZL Nancy Fabrizio Enclosure. RECEIVED OCT 1 6 1998 OAKLAND COUNTY al4 FACILITIES MANAGEMENT 3 6 4 4 8 2 74-433/724 1998 **7 oclo do* Debra Le0 Millen Department of Facilities & Managment Attn: Pat Campbell-Property Manager 1 Public Works Drive Waterford, MI 48328-1907 1111 11111111111111 111111111111111111111111111111111111111111111111 SeALe_b Ot 41/42 OXFORD BANK 0.k.d. Addams 46371 REMITTER - . . Tttom 8817813 Fabrizio _ .. ... .- ..PAY" TO THE .-_ -. , . • ********NancY -Fabxizio******* ...-• . • .;oxprootorK 7 00 0 A iii r el 0 . -ORION.Or ICE # 14 i 00 t • M. DOLLARS DATE October 1 CASHIER'S CHECK 36'I.8 2! 0:13 ? 240 4 33 3' 00'1'000 LIM (SL7ti 1G L'Sse Ttgla542-11444Arr 44e-kc-utleS 41:1 ML 131)W-16.Teuitv - VikTIAZA 49.28 1.'67 61/0 Br. 4644rtexigZ_L- Ler 4Z 5atin4- leo vr tor 4'2› tiliassitpvp scrar% sur5.) Acaser),00.0- lb -Ng' "FLArs t)E-1444. vicerer SE y4 $iic:114/1k.) 1( -MN ) 10 E, comea-Avor› J11-() Nr)coa-L4-. pc, t 9 t - 1:10 - 62.6 M L(eFraliZ, RD12- Arrge025- r1/4204A-• t ISICY 001 -5w-re1( astautifJ -nriawou este.or. fritufra nivr4( viva' •ill/treired -ips,ufb Kat-I-01T- RECEIVED OCT 1 6 1998 OAKLAND COUNTY RICIUTIES MAINTENANCE & OPERATIONS OMSION =EMI OFFICIAL. C EC kE • .1 - 41-‘ 0:7" A CI 7'Z ENT AT A SMALL ANGLE TO SEE THIS SECURI Date 10/16/98 *******6 785.00** ********6,785*DOLLARS AND 00CENTS*** Drawer: Comerica Bank 00150/ 27003 REMITTER ffple/ri, Ln••••,, - . . i• ao JO. q1:41:oor1. L I ol •• Autheriz Signature 1*. tY, RECEIVED s c) itunetaietz:LicitteLA41_4950 4 OCT 16 1995 a VR DAIWA) COWIN FACILITIES MAINTEME & OPERATIONS DM* --PL-1304-a7"miaSr (15V-'VisiZALLTIe- e‘. 'Fb EN-AC, VASV.le- 73,1e-Aver 4832.8 c1/' 0 Pas.s-I--- CL- - ',7 II'? 2009116 1:13 2 20008681:6130 23 LEI 24 5 2749 366 Donald 0. Klein 48700 Structural Drive Chesterfield, MI 48051 P: 810/598-8000 15-Oct-98 Mr. Pat Campball, Property Manager Oakland County Department of Facilities Management 1 Public Works Drive Waterford, MI 48328 Reference: T2N, R10E, Sec. 11 Bloomfield Sites Lot 42 and S 30 Ft. of Lot 43. Mr. Campball: I respectfully submit this letter as an offer for the purchase of T2N, R10E, Sec. 11 Bloomfield Sites Lot 42 and S 30 Ft. of Lot 43, commonly known as vacant 2307 Eastways Road (F: 261.16', R: 360', L: 336.73'). The offer is submitted under the following conditions: • Price: $70,366 • Terms: Property will be accepted in "as is" condition • Settlement: Cash • Earnest Money: Cashier's check in the amount of $10,000 • Closing: 30 to 45 days from acceptance of offer • Contingency: Mutual execution of a purchase agreement by buyer and seller Please call if additional information or clarification is required pertaining to this offer. If offer is considered acceptable, please manifest your intention to sell with your signature below and return via US mail to the address above. Name Date I humbly thank you for your consideration of my offer and look forward to the execution of the sale in the near future. Sincerely, Donald 0. Klein Encolsure n•n••••., VOID AFTER NINETY DAk'S'." 74..7966 2724 NO. 477420 00 0000477420 * * * 410 000.00 r CASHIERS CHECK To The Order Ot DONALD 0 KLEIN : MICNIGANiTIXTE UNIVERSITY FEDERAL CREDIT UNION DONALD O. KLEIN HAND DELIVER MR PAT CAMPRALL OAKLAND COUNTY 1 PUBLIC WORKS WATERFORD, MI , PROPRPTY MAMAGRR DEPARTMENT OF FACILITIES MANAGEMENT DRIVE 48328 RECEIVED OCT 15 1998 OAKLAND COUNTY FACILITIES MANAGEMENT Oakland University Branch OF THE MICHIGAN STATE UNIVERSITY FEDERAL CREDIT UNION 3265 Five Points Drive • Auburn Hills, MI 48326 10/15/98 *** TEN THOUSAND DOLLARS AND 00 CENTS PAY EXACTLYNIIIIIIIdelsgicts mosnerr/tas els ? 200 1: 2 ? 2 11 7966 31: & & 70001300o Resolution #98292 November 19, 1998 The Chairperson referred the resolution to the Finance Committee. There were no objections. NUMBER DESCRIPTION 1999 AMOUNT FISCAL NOTE (Misc. #98292) December 10, 1998 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: OFFERS TO PURCHASE LOT 42 AND SOUTH 30 FEET OF LOT 43, BLOOMFIELD SITES SUBDIVISION, LOCATED IN THE CITY OF BLOOMFIELD HILLS, TAX SIDWELL NO. 19-11-402- 028 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the sale of the land for the sum of $70,366 to Donald Klein for the property known as Lot 42 and the south 30 feet of Lot 43, Bloomfield Sites Subdivision located in the City of Bloomfield Hills and identified as Taxes Sidwell No. 19-11- 402-028. 2. Land was formerly used by the Oakland County Department of Public Works and proceeds of the sale will be deposited in the Water and Sewer Trust Fund #701, account #3-xxxxxx-xxxxx-2561, sale of land and buildings. 3. The budget be amended, as specified below: ACCOUNT Revenue 1-121318-21100-1588 Expenditure 2-227318-21100-3504 Sale of Land and Buildings $70,366 Reserve for Water Improvement Net Water and Sewer Trust 70,366 S -0- FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #98292 December 10, 1998 Moved by Palmer supported by Taub the resoJution be adopted. AYES: Amos, Coleman, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Cbrecht, Palmer, Taub, Wolf. (22) NAYS: None. (C) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 December 10, 1998 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 th4,s 2/0th day of,December, 1998.