HomeMy WebLinkAboutResolutions - 1998.09.24 - 25536e September 24, 1998
MISCELLANEOUS RESOLUTION # 9 8 2 2 8
BY: PLANNING AND BUILDING COMMITTEE
CHARLES E. PALMER, CHAIRPERSON
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER'S
REQUEST TO RELINQUISH COUNTY OWNED
PROPERTY - COMMERCE TOWNSHIP WATER
SYSTEM WELL SITE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland is the owner of a certain piece of property, located
in Section 13, Commerce Township, described as Outlot "A" of Lake Pine Subdivision No. 1, as
recorded in Liber 170 of Plats, Pages 1, 2 and 3, Oakland County Records, and certain equipment
located thereon, and
WHEREAS, said property and equipment were acquired as a well house site for the
operation and maintenance of a portion of the Commerce Township - Oakland County Water
Supply System pursuant to Board of Commissioner's Miscellaneous Resolution #81230, dated
July 23, 1981, and
WHEREAS, the Quit Claim Deed and Bill of Sale, as recorded in Liber 7960, Pages 53,
54, 55, Oakland County Records, conveying title to the County of Oakland contained Reversion-
ary Clauses whereby the property and equipment would revert back to the Grantor, its successors
or assigns should the property cease to be used as a well site for a municipal water system, and
WHEREAS, due to the construction of the Commerce Twp. - Detroit Water Supply
System and subsequent connection of the Lake Pine Subdivision to said system, it has been
determined that the subject property and equipment are in fact no longer required as part of the
water system, it is therefore appropriate to return said property to the Grantor.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commis-
sioners' authorizes the conveyance of the described property, by Quit Claim Deed and Bill of
Sale, to the Grantor, its successors or assigns, pursuant to and subject to the terms contained in
the original deed and Bill of Sale, and
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners'
authorizes its Chairperson to execute the Quit Claim Deed and Bill of Sale.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
G A/ND BUILDfNG COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Johnson absent,
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF OAKLAND,
a Michigan Constitutional Corporation, 1200 N. Telegraph, Pontiac, Michigan 48341,
Party of the First Part, for and in consideration of the sum of ONE DOLLAR ($1.00) receipt
of which is hereby acknowledged, paid to the County by SHORES OF BAY POINTE, a
Michigan Non-Profit Corporation, 400 West Maple, Suite 300, Birmingham, Michigan
48009, Party of the Second Part, hereby sells and conveys to Party of the Second Part the
following:
All pumps, mechanical equipment, storage tank and related appurtenances
associated with the water supply system, no longer in use, on or in Outlot "A"
of "LAKE PINE NO. 1 SUBDIVISION", said subdivision being a part of the
Northeast 1/4 and part of the Northwest 1/4, 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, 2, and 3, Oakland County Records.
Sidwell No. 17-13-126-002
This Bill of Sale is given pursuant to a certain Reversionary Clause contained in a Bill
of Sale dated February 4, 1981 and recorded in Liber 7960, Page 53, Oakland County
Records.
114
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This instrument shall be binding upon and inure to the benefit of the parties hereto, their
heirs, representatives, successors and assigns.
Dated:
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
JOHN P. MCCULLOCH
Its:CHAIRNIAN, OAKLAND COUNTY
BOARD OF COMMISSIONERS
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
)ss:
COUNTY OF OAKLAND)
The foregoing instrument was acknowleged before me this day of
, A.D., 1998, by JOHN P. MCCULLOCH, CHAIRMAN,
OAKLAND COUNTY BOARD OF COMMISSIONERS of the County of Oakland, a
Michigan Constitutional Corporation, on behalf of the Corporation.
Notary Public
County,
My Commission Expires:
This instrument drafted by and
when recorded return to:
James W. Isaacs, Jr., Office of the
Oakland County Drain Commissioner
One Public Works Drive
Waterford, Michigan 48328-1907
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BILL OF SALE -
Know all Menby these Presents, That First Properties Corporation, a
Michigan corporation, of 1620 Taavelers 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,
4 a Michigan Constitutional corporation, 1200 North Telegraph Rd., of
Pontiac, Michigan party of the second part, the receipt of which is
Vc hereby acknowledged, has bargained and sold, and by these presents do
, grant and convey unto the party of the second part, its executors,
administrators, successors or assigns-the following:
All pups, 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 Fine
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'', 1981
SIGNED IN THE PRESENCE OF:
FIRST PROPERTIES CORPORATION
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ncy . . Jones
Alan m. Kiriluk
Its: ViceTresident
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STATE OF MICHIGAN)_
COUNTY OF CAKLAND)'-
The foregoing instrument was acknowledged before me this 4th day
of February , 1981, by Alan M. Kiriluk, Vice president of
First Properties Corporation, a Michigan corporation, on behalf of
the corporation.
ROCAry Public
Oakland County, Michigan
Hy commission expires: 6-11-83
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MOW ALLALOgirrilegaerP2MIXIS.11.0 First Properties corporation, a Michigan
corporation
4wmaddiumb 1620 Travelers Tower, Southfield, Michigan 48076
County of Oakland, a Michigan constitutional corporation
1200 M. Telsqrapb Road, Pontiac, Michigan 48053
tbeesdemieedeeellepOstemireitoWelee4W township a Commerce
0...,7 4 Oakland amt Stow )41chhcae. Weal:
See attached Exhibit 'A" made partof by reference hereto
I., dew MIremi4•411theel This Deed is exempt from Michigan Transfer Tax MCLA 207.505A
affil=11
FIRST PROPERTIES CORPORATION (TAO
a MichigAn corporatj.on
STATE OF ICSCRIOAN
COUNTY OF 09Z 4- 4 er.D
The faresteet leereeneet yea schatom4e4ee4 before see this
mby Alan M. Kiriluk,
(2) Vice president
(3)4 First Properties Corporation
(4). Michigan
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it07960r1z 55
EXHIBIT A TO QUIT CLAIM DEED DATED _Ath DAY OF • 1981
BZTWEFN FIRST PROPERTIES COPPORATIOWAS- MANTOR ANL OF OAKLAND,
GRANTEE
Description of rake Pine Outlo: 'A" Well House Site
'Outlot "A" of Lake Pine No. 1 as recorded in !Aber 170, pages 1,
2 and 3, Oakland 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 P 8 eat 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 water 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
unt.T. 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 -Drantee
of the reasonable cost of abandonment of the said Outlot "A" and
search, if necessary, to determine the legal heirs of said
Grantor.
Misc. 81230
By Dr. Caddell
IN RE: TO ACQUIRE WATER SUPPLY SYSTEM IN COMMERCE TOWNSHIP LAKE PINE SUBDIVISION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution 3495, the Oakland County Board of Supervisors on
February 24, 1959 established the "Oakland County Water Supply System - Commerce Township"; and
WHEREAS private developers are constructing a new water system to serve "Lake Pine
Subdivision" located in Section 13, •ommerce Township; and
WHEREAS Section 9, Chapter 1 of Act 185 of the Public Acts of 1957, as amended, allows
the Oakland County Department of Public Works to acquire and operate water systems in Oakland
County with the consent of the municipality where the system is located; and
WHEREAS by resolution, the Township of Commerce on February 13, 1959, did request and
give consent to the Oakland County Department of Public Works to own and operate any water system
in Commerce Township and to serve the individual users of the system;
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners that the Depart-
ment of Public Works proceed with the necessary action to acquire the water system serving the "take
Pine Subdivision in Commerce Township and that it is hereby established as part of the "Oakland
County Water Supply System - Commerce Township".
BE IT FURTHER RESOLVED that all costs in connection with the operation and maintenance of
said system shall be borne by revenues from same.
Mr. Chairman, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
G. William Caddell, D.C., Chairperson
Moved by Caddell supported by Whitlock the resolution be adopted.
AYES: Aaron,. Caddell, Cagney, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart,
Jackson, Lanni, Moffitt, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Peterson, Whitlock,
Wilcox. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MEMORANDUM
OAKLAND COUNTY DRAIN COMMISSIONER
OPERATIONS & MAINTENANCE DIVISION
TO: Pat Campbell, Property Management Specialist
FROM: James E. Porter, P.E., Deputy & Manager
RE: Lake Pine Subdivision Well Site/locatain Comm
DATE: September 17, 1996
In 1981, the Lake Pine Subdivision in Commerce Towns • was dev ped with a public well water
supply system. In 1959, Commerce Township requested th u o own and operate all public well
water systems in their community and by miscellaneous resolution #81230, dated July 23, 1981, the
County Board of Commissioners authorized the acquisition of the Lake Pine Subdivision water supply
system and established it as part.of the Oakland County Water Supply System-Commerce Township.
At that time the county was given a deed to the well site property that contained a clause that requires
the property to revert back to the developer if the property was no longer needed for water supply.
In June 1988, the Lake Pine Subdivision was connected to the Commerce Township Detroit Water
Supply System and the wells abandoned. The property is no longer needed for a water supply.
Therefore, we would like to proceed to deed the well site property back to the developer at this time.
I ask that you prepare the necessary documents to deed the property back to the developer.
I have also enclosed the following documents for your information:
1. A new deed to out lot A of Lake Pine #1 Subdivision prepared by our Right of Way
Unit.
2. A copy of miscellaneous resolution #81230, dated July 23, 1981.
3. A copy of the county deed as recorded in Liber #7960, Page 54.
4. A memo dated August 28, 1996, from Mark Davis regarding "Lake Pine #1 well site
title search."
If you need additional information, please advise me.
cc: G. Kuhn
G. Yrjanainen
J. Isaacs
J. Pistilli
G. Bannasch
11cpinesu.mem
Ss
interoffice
MEMORANDUM
to: Jim Isaacs
cc: Jim Pistilli
from: Gerald Bannasch, Oakland County Drain Commissioner
re: Well Site Title Search
date: August 15, 1996
Jim,
We are requesting Title Search work on property in Commerce Township. This
property is an old abandoned Well House Site.
The property is located in the Northwest 1/4 of Section 13, Commerce Township.
Please Title Search the following properties:
I.) Lake Pine Park - sidwell #17-13-126-001 and
2.) Outlot "A" - sidwell #17-13-126-002.
Attached is a copy of this section from the sidwell book.
Thank you for your assistance on this matter.
Foke.6 rAire
TO 51- 3 Corn ni- OkerfA
* pko C cE 0 ro Co AivEy PRoPeRrie From the desk of...
t3hck ro RA 1472R spe Gerald Bannasch
Engineering Systems Coordinator
J im pts –rie.c__/ 8-2-1-967 Oakland County Drain Commissioner
No. 1 Public Works Drive
Waterford, MI 48328-1907
tel: (810) 858-1072
fax: (810) 858-1066
}ss. *N of Oakland STATE OF MICHIGAN
COUNTY OF OAKLAND
QUIT CLAIM DEED - CORPORATION - Statutory Form
KNOW ALL MEN BY THESE PRESENTS: Thal THE ,COUNTY OF OAKLAND, a Michigan Constitutional
fiimogion, through its Agent GEORGE W. KUHN, OAKLAND COUNTY DRAIN COM-
whoseaddressis 1200 N. Telegraph Rd., Pontiac, Michigan 48341
Quit .Claimsto SHORES AT BAY POINTE, A Michigan Non-Profit Corporation
whoseaddressis c/o Gregg Bator, Esq., 400 West Maple, Suite 300, Birmingham, Michigan
the following described premises situated in the Township of Commerce COMP8f 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".
(If
-
1,0
for the full consideration of ONE ($1.00) DOLLAR, subject to any and all easements and
restrictions of record. (Exempt per MCL 207.505 (h) and MCL 207.526 (6) (h)).
Dated this day of 19
Witnesses: Signatures: THE COUNTY OF OAKLAND, a Michigan
Constitutional Corporation (L.S.)
By
George W. Kuhn
Ag Oakland County Drain Commissioner
Agent for the County
The foregoing instrument was acknowledged before me this day of , 199 7
(1)by GEORGE W. KUHN
(2) OAKLAND COUNTY DRAIN COMMISSIONER, AS AGENT
(3) of THE COUNTY OF OAKLAND
(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
Drafted By: Notary Public -
James W. Isaacs, Jr., Office of the
OAKLAND COUNTY DRAIN COMMISSIONER
One Public Works Drive, Waterford, MI. My commission expires:
Recording Fee: $ 48328-1907 Return to: GRANTOR
State Transfer Tax: $
TAX PARCEL #17 -13-126-002
Send subsequent tax bills to:. GRANTEE
County, Michigan
S PHILIP R. SEAVER TITLE COMPANY, INC.
2700 N. Woodward, Bloomfield Hills, Michigan 48304 (810-338-7135)
On 4 ,
Resolution #98228 September 24, 1998
Moved by Palmer supported by Dingeldey the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf,
Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Hingzett, Law, McCulloch. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
rson. cont Execuipie
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 September 24, 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 this 24th day pf SeptW
1998,
ww 11; 04)(71::..—
Lyrui D. Allen, County Clerk