HomeMy WebLinkAboutResolutions - 1999.12.16 - 25682ININGeAND BUILD.1146-60MMITTEE
December 16, 1999
MISCELLANEOUS RESOLUTION #99336
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO CONVEY AN UNDIVIDED
SIXTY PERCENT INTEREST IN ALL MINERAL RIGHTS IN AND UNDER AND WHICH MAY BE
PRODUCED FROM TAX PARCEL NO. 21-01-200-002 (13.8 ACRES), PART OF LYON OAKS
COUNTY PARK
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, pursuant to Miscellaneous Resolution No. 99104, the County of Oakland acquired an
additional 13.8 acres of property for the expansion of Lyon Oaks County Park, known as Tax Identification
No. 21-01-200-002, and described as:
Part of Northeast fractional 114 Section 1, Town 1 North, Range 7 East, Lyon Township, Oakland
County, Michigan, beginning at point distant South 86 degrees 08 minutes 30 seconds West 1082.50 feet from
Northeast section corner; thence South 02 degrees 15 minutes 00 seconds East 1363.80 feet; thence South
87 degrees 28 minutes 00 seconds West 454.50 feet; thence North 01 degree 13 minutes 00 seconds West
1354.20 feet; thence North 86 degrees 08 minutes 30 seconds East 430.20 feet to beginning; and
WHEREAS, the County of Oakland will receive a $174,000 grant from the Michigan Natural
Resources Trust Fund which has enabled the County of Oakland to purchase said 13.8 acres of land known
as Tax Identification No. 21-01-200-002; and
WHEREAS, pursuant to the requirements of the Michigan Natural Resources Trust Fund, also known
as Public Act 451 of 1994, as amended, the County of Oakland is required to convey via Mineral Deed or Quit
Claim Deed all or a portion of the mineral rights to which the State of Michigan is required; and
WHEREAS, the Oakland County Parks and Recreation Commission has approved the conveyance
of an undivided sixty percent interest in all mineral rights in and under a 13.8 acre parcel known as Tax
Identification No. 21-01-200-002; and
WHEREAS, the Departments of Facility Management and Corporation Counsel have reviewed and
approved the conveyance to the State of Michigan by Quit Claim Deed of an undivided sixty percent interest
in all Mineral Rights in and under said 13.8 acre parcel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the conveyance to the State of Michigan by Quit Claim Deed of an undivided sixty percent i nterest
in all Mineral Rights in and under and that may be produced from said 13.8 acre parcel known as Tax
Identification No. 21-01-200-002 located in the Township of Lyon.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or its designee to execute the Quit Claim Deed.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foreg oing
planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Sever absent.
resolution. resolution.
Project Number: IF 96-026
Project Title: Lyon Oaks Acquisition
STATE OF MICHIGAN
DEPARTMENT OF NATURAL RESOURCES
Michigan Natural Resources Trust Fund
Land Acquisition Project Agreement
THIS AGREEMENT, made this day of 0,0„4",z, , 1991,. between the Michigan 19 01
Department of Natural Resources, for and on behalf of the State of Michigan, hereinafter referred to as
the "DEPARTMENT" and the COUNTY OF OAKLAND, a Municipal Corporation, hereinafter referred
to as the "GRANT RECIPIENT".
WITNESSETH:
WHEREAS, Part 19, Natural Resources Trust Fund, of the Natural Resource and Environmental
Protection Act, Act 451 of the Public Acts of 1994, provides for the establishment of the Michigan
Natural Resources Trust Fund; and
WHEREAS, Part 19, Natural Resources Trust Fund, of the Natural Resource and Environmental
Protection Act, Act 451 of the Public Acts of 1994. provides moneys deposited in said fund and the
interest thereto accruing shall be used exclusively for the purchase and development of land for
recreational purposes included but not limited to hunting, fishing, camping, hiking, picnicking and
swin.ming; and
WHEREAS, P.A. 480 of 1996, appropriates funds from the Michigan Natural Resources Trust
Fund to the DEPARTMENT for a grant in aid to the GRANT RECIPIENT, for acquisition of said
GRANT RECIPIENT of title in fee to lands to be utilized solely for recreation purposes; and
WHEREAS, the DEPARTMENT and the GRANT RECIPIENT, in fulfillment of the purposes of
Part 19, Natural Resources Trust Fund, of the Natural Resource and Environmental Protection Act, Act
451 of the Public Acts of 1994 and P.A. 480 of 1996. have negotiated the within Agreement; and
WHEREAS, P.A. 227 of 1972 outlines the procedures and requirements for the acquisition of
property by the State or with funds provided by the State;
NOW THEREFORE, the DEPARTMENT and the GRANT RECIPIENT hereinbefore named, in
consideration of the terms, promises, conditions, and assurances hereinafter set forth, mutually agree to
perform the terms and conditions of this Agreement in accordance with the Michigan Natural Resources
Trust Fund, Part 19, Natural Resources Trust Fund, of the Natural Resource and Environmental
Protection Act, Act 451 of the Public Acts of 1994. PA. 480 of 1996, and P.A. 227 of 1972.
2
1. It is agreed by and between the DEPARTMENT and the GRANT RECIPIENT that this
Agreement shall be administered on behalf of the DEPARTMENT through its Budget and Program
Support Division. All reports, documents, or actions required of the GRANT RECIPIENT shall be
submitted to the Michigan Natural Resources Trust Fund, Michigan Department of Natural Resources,
Budget and Program Support Division, Recreation Grants Section, P.O. Box 30425, Lansing, Michigan
48909-7925.
2. The DEPARTMENT hereby promises:
(a) To grant to the GRANT RECIPIENT a sum of money equal to Six ty (60%) percent of the
total cost of acquisition of fee simple title free of all liens and encumbrances to the lands hereinafter
described, but which grant shall not in any event exceed the sum of One Hundred Seventy -Four
Thousand ($174.000.00) dollars.
(b) To include in the total cost of acquisition those costs authorized by P.A. 227 of 1972. and
paid in accordance therewith by the GRANT RECIPIENT; and to include reasonable and appropriate
costs for recording fees, title insurance, contract appraisal and Phase I environmental assessment costs
provided said costs are incurred and paid by the GRANT RECIPIENT on or after the effective date of
this Agreement. Contract appraisal costs will be accepted if performed no more than 6 months prior to
the effective date of this Agreement or otherwise approved by the State.
(c) To pay the amount of money promised under subsection (a) above or the portion thereof
necessary to satisfy provisions of this Agreement, to the GRANT RECIPIENT after (1) acquisition of
fee simple title free of all liens and encumbrances has been completed, (2) proof of acquisition of
marketable record title is submitted to the DEPARTMENT and approved by the Attorney General, said
proof to be in the form of a policy of title insurance insuring the GRANT RECIPIENT is possessed of
marketable record title in fee simple free of all liens and encumbrances to the lands hereinafter
described, and said policy to insure the GRANT RECIPIENT against loss or damage at least equal to the
purchase price of the subject lands, (3) the costs of acquisition has been verified by DEPARTMENT
audit, (4) the GRANT RECIPIENT has made proper conveyance to the State of Michigan of all mineral
rights to which the State is entitled under this Agreement, and (5) the GRANT RECIPIENT has erected
a plaque as required under this Agreement.
(d) Payments will be made on a reimbursement basis: up to 90% of the maximum
reimbursement allowable under the grant will be disbursed upon receipt of the documents and
fulfillment of the requirements in Section 2c. The final payment of ten percent (10%) will be released
pending satisfactory audit by the DEPARTMENT.
-3-
3. The GRANT RECIPIENT agrees that the grant herein provided is for the acquisition by the
GRANT RECIPIENT of fee simple title free of all liens and encumbrances to lands situate and being in
the TOWNSHIP OF LYON. COUNTY_OF OAKLAND, State of Michigan, more particularly described
as (Insert legal description): Acres: 13.8 and shown on attached, initialed and dated
boundary map. - SEE ATTACHED -
Said property shall be used for environmental education/passive recreation.
4. The GRANT RECIPIENT further agrees:
(a) To appropriate the sums sufficient to acquire fee simple title to the lands above described.
(b) To complete an appraisal of the property to determine the fair market value thereof, said
appraisal to be conducted in accordance with standards established by the DEPARTMENT. Two
appraisals are required for properties valued at $500,000 or more. Failure to complete the appraisal in
this manner shall make the cost of said appraisal(s) an ineligible expense under this Agreement. No
written offer to purchase the premises shall be transmitted by the GRANT RECIPIENT until after the
appraisal(s) has been submitted to and approved in writing by the DEPARTMENT. Failure to comply
with this requirement shall, at the option of the DEPARTMENT, make the cost of the property an
ineligible expense under this Agreement.
(c) To perform, or to contract for the performance of, all appraisals, appraisal reviews, title
review and closing, actual acquisition of said lands, and the relocation of tenants, owners. and/or
businesses in accordance with and consistent with provisions of PA. 227 of 1972, supra. and the terms
of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Poiicies Act
of 1970, (PL 91-646) 94 Stat 1894 (1970).
(d) To execute, acknowledge and deliver to the DEPARTMENT a deed cRidaing to the State
of Michigan an undivided 5.1xV.rifi_026.1..nernent interest in and to all of the interests acgnirei by the
GRANT RECIPIENT in coal, oil, gas, sand, gravel or any cabv minerals in, on or under the lands above
described.
4
(e) To complete acquisition of said lands before December 31, 1998, and to provide to the
DEPARTMENT the documents and information required to comply with Paragraph 2(c) of the
Agreement within sixty (60) days after the actual acquisition of said property. Failure to acquire the
property and submit the required documents and information for review before March 31, 1999, shall
render this Agreement null and void and of no effect whatsoever.
(f) To maintain satisfactory financial accounts, records, and documents and to make them
available to the DEPARTMENT for auditing upon request. Such accounts, records, and documents shall
be retained by the GRANT RECIPIENT for not less than three years following submittal of the final
reimbursement request of the property.
(g) To erect and maintain a plaque either on the park entry sign of the property, or if no park
entry sign exists, to construct an entry sign identifying the site as available for public use with the Trust
Fund plaque posted on the sign, which designates this project as one having been constructed with the
assistance of the Michigan Natural Resources Trust Fund. The size, color, and design of this plaque
shall be in accordance with Department specifications.
(h) To make the property as shown on the attached boundary map and any future facilities
provided thereon available for public recreation IN PERPETUITY and in accordance with uses
described in the land acquisition proposal and associated documents, and to regulate the use thereof and
to provide for the maintenance thereof to the satisfaction of the DEPARTMENT, and to appropriate such
moneys and/or provide such services as shall be necessary to provide such adequate maintenance.
(i) To provide to the DEPARTMENT for approval, a complete tariff schedule containing all
charges to be assessed against the public utilizing the property and/or any facilities constructed tnercon,
and to provide to the DEPARTMENT FOR APPROVAL, all amendments thereto prior to the effective
date of such amendments. Any tariff schedule proposed shall provide solely for sufficient revenues to
cover the costs of operating, maintaining and/or developing the premises and/or any facilities provided
thereon.
(j) To separately account for any revenues received from the project area which exceed the
demonstrated operating costs and to reserve such surplus revenues for the future maintenance and or
expansion of the GRANT RECIPIENTS park and recreation program.
(k) To furnish the DEPARTMENT, upon request, detailed statements covering the annual
operation of said property and/or facilities, including income and expenses and such other information
the DEPARTMENT might reasonably acquire.
5
(1) To adopt such ordinances and/or resolutions as shall be required to effectuate the provisions
of this Agreement; certified copies of all such ordinances and/or resolutions adopted for such purposes
shall be forwarded to the DEPARTMENT prior to the effective date thereof.
(m) To maintain the premises in such condition as to comply with all federal, state, and local
laws which may be applicable and to make any and all payments required to pay any and all taxes, fees,
or assessments legally imposed against the said property.
(n) To keep the said property and any facilities located thereon and the land and access ways to
the said property open to the public at all times on equal and reasonable terms and to deny no individual
ingress or egress thereto or the use thereof on the basis of race, color, religion, national origin, creed,
sex, residence, or citizenship.
(o) To agree that the project site will not be named in honor of a person either living or
deceased.
5. Title, Use and Control.
(a) The GRANT RECIPIENT agrees that the property described above, and in the dated project
boundary map made part of this Agreement pursuant to Paragraph 8. is being acquired or expanded with
Michigan Natural Resources Trust Fund assistance and that without the approval of the IvLNIZTF Board
(referred to as the "BOARD"), it shall not be converted to other than public recreation use but shall be
maintained for public recreation use in perpetuity. The BOARD shall approve such conversion only
upon such conditions as it deems necessary to assure the substitution by GRANT RECIPIENT of other
recreation properties of at least fair market value and of reasonably equivalent usefulness and location.
Such substituted, i.e. "replacement" land shall be subject to all the provisions of Paragraph 5. The
approval of conversion shall be at the sole discretion of the BOARD.
(b) It is agreed by and between the parties hereto that the said property and any facilities located
thereon shall not be wholly or partially conveyed, either in fee or otherwise leased for a term of years or
for any other period, nor shall there be any whole or partial transfer of title, ownership, or right of
ownership or control without the written approval and consent of the MICHIGAN NATURAL
RESOURCES TRUST FUND BOARD.
(c) It is expressly understood and agreed by and between the parties hereto that the GRANT
RECIPIENT shall acquire fee simple title, free of all liens and encumbrances, to the lands described
above. The fee simple title acquired shall not be subject (1) to any possibility of reverter or right of
entry for condition broken or any other executory limitation which may result in defeasance of title or
(2) to any reservations or prior conveyance of coal, oil, gas, sand, gravel or any other mineral interests.
- 6 -
(d) Should title to the above described lands or any portion thereof be acquired from the
GRANT RECIPIENT by any other entity through exercise of the power of eminent domain. the GRANT
RECIPIENT agrees that the proceeds awarded to the GRANT RECIPIENT shall be used to replace the
lands affected with recreation lands of at least equal fair market value, and of reasonably equivalent
usefulness and locality. The BOARD shall approve such replacement only upon such conditions as it
deems necessary to assure the substitution with other recreation properties of at least equal fair market
value and of reasonably equivalent usefulness and location. Such replacement land shall be subject to
all the provisions of Paragraph 5 hereof.
(e) The GRANT RECIPIENT hereby represents that it will defend any suit brought against
either party which involves title, ownership, or any other rights, whether specific or general, including
any appurtenant rights, to and in the said property.
6. The GRANT RECIPIENT acknowledges that it has examined the property and that it has
found the property to be safe for public use or that action can and will be taken by the GRANT
RECIPIENT to assure safe use of the property by the public; that the GRANT RECIPIENT is solely
responsible for development, operation, and maintenance of the property, and that responsibility for
actions taken to develop, operate, or maintain the property is solely that of the GRANT RECIPIENT;
that the responsibility for deciding whether or not to carry public liability insurance, the amounts,
coverage, and all other particulars with respect thereto is solely that of the GRANT RECIPIENT; and
that the DEPARTMENT'S involvement in the premises is limited solely to the making of a grant to
assist the GRANT RECIPIENT in acquiring same.
7. It is expressly understood and agreed by and between the parties hereto that neither this
Agreement. nor any section, paragraph, provision, or portion hereof shall be in any way construed to
impose any obligation of whatsoever nature, financial or otherwise, upon the DEPARTMEN1 as regards
the subsequent operation and/or maintenance of the said premises and/or any facilities provided thereon.
8. It is expressly understood by and between the parties hereto that the land acquisition proposal
form bearing the project number from Page 1 and associated documents, including a dated project
boundary map. are by this refefence made part of this Agreement.
9. The GRANT RECIPIENT agrees that the benefit to be derived by the State of Michigan from
the full compliance by the GRANT RECIPIENT with the terms of this Agreement is the preservation,
protection and the net increase in the quality of public recreation facilities and resources which are
available to the people of the State and of the United States and such benefit exceeds to an immeasurable
and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance
under the terms of this Agreement. The GRANT RECIPIENT agrees that payment by the GRANT
RECIPIENT to the State of Michigan of an amount equal to the amount of assistance extended under
this Agreement by the State of Michigan would be inadequate compensation to the State for any breach
of this Agreement. The GRANT RECIPIENT further agrees therefore, that the appropriate remedy in
the event of a breach by the GRANT RECIPIENT of this Agreement shall be the specific performance
of this Agreement.
- nut) iv Y MAP
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(special or regular) (approving body)
WITI\TSSED BY:
WITNESSED BY: SIGNED:
By:
Michael L. McDonald
Tide: Supervisor, Recreation Grants
budget ana vrogram support LaVition
Sectio
Date:
7
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and
date first above written.
Approved by resolution (true copy attached) of the march 19. 1997 , 19
Regular meeting of the Oakland County Parks Es Recreation Commission
LOCAL UNIT OF GOVERNMENT
SIGNED:
By:
Title:
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
CRD490'. ,(-TOWNSHIP OF LYON
•
02/15/95
LAND FILE DISPLAY'SCREEN 09:52:18
CVT CODE: K
iWELL NO: 21 01 200 002 PROPERTY DESCRIPTION:
01 TIN, R7E, SEC 1
OWNER(S) 02 PART OF NE FRC 1/4
JEN° RIZZOLO & J LANNY 03 BEG AT PT DIST
04 S 86-08-30 W 1082.50 FT
05 FROM NE SEC COR,
PROPERTY ADDRESS 06 TM S 02-15-00 E 1363.80 FT,
51811 PONTIAC TRAIL 07 TM S 87-29-00 W 454.50 FT,
WIXOM MI 48393-1909 08 TM N 01-13-00 W 1354.20 FT,
09 TM N 86-08-30 E 430.20 FT
MAILING ADDRESS 10 TO BEG 13.90 A
SCHOOL: 240 ZONE: II USE: DI
flBRD: F6D BANK:
i0ME EX: 2 100 % 03/01/1994
:AND RECORD DISPLAYED AS REQUESTED
RESOLUTION
and seconded by Upon motion made by George Kuhn
Lawrence Pernick, the following Resolution was adopted:
WHEREAS, Part 19, Natural Resources Trust Fund, of the Natural Resource and Environmental
Protection Act, Act 451 of the Public Acts of 1994, establishes the Michigan Natural Resources Trust
Fund which provides for acquisition and development of lands for public recreation purposes.
County of
AND WHEREAS, the Oakland of Dept. of Paris & Recreation desires to
acquire lands for public recreational purposes.
AND WHEREAS, the aforementioned unit of government agrees to be solely responsible for the
operation and maintenance of the property as set forth in said Agreement.
County of
THEREFORE BE IT RESOLVED, that the Oakland of Dept. of Parks & Recreakion
authorized to enter into the Project Agreement with the Michigan Department of Natural Resources and
agrees to perform the terms and conditions of said Agreement.
The following aye votes were recorded: 6
The following nay votes were recorded:
STATE CF MICHIGAN )
) ss
COUNTY OF OAKLAND )
Oakland County
I, Karen S. Smith - Clerk of the Parks & Recreation Comm. , Michigan, do
hereby certify that the above is a true and correct copy of the Resolution relative to the Agreement with
the Michigan Department of Natural Resources at a regular (regular or special)
meeting held March 19 .19 97 .
j- -1j2i6
Signature
Dated: 1...9(..) 9, 19 7
Title Secretary II
Dated this
Witnesses:
day of
QUIT CLAIM DEED - CORPORATION - Statutory Form
KNOWALLMENBYTHESEPRESENTS: That the County of Oakland, Michigan constitutional
corporation
whose address is 1200 N. Telegraph Road, Pontiac, MI 48341
QuitOahrnsto the State of Michigan
whose address is P.O. Box 30448, Lansing, MI 48909-7948
the following described premises situated in the Township of Lyon
Oakland and State of Michigan, to-wit:
An undivided 60% interest in all oil, gas and other minerals in and under
and that may be produced from land described in exhibit "A" attached hereto
and made a part hereof.
Together with the right of ingress and egress at all times for the purpose
of mining, drilling and exploring said lands for oil, gas and other minerals
and removing the same therefrom.
County of
Tax Item No. 21 -01-200-002 More commonly known as: 51811 Pontiac Trail
for the full consideration of One Dollar
19 The County of Oakland,
signatures:a Michigan Constitutional
Corporation
(L.S.)
EXHIBIT "A"
Continuation of Legal Description
Township of Lyon
Part of Northeast fractional 1/4 Section 1, Town 1 North, Range 7 East, Lyon
Township, Oakland County, Michigan beginning at point distant South 86
degrees 08 minutes 30 seconds West 1082.50 feet from Northeast section
corner; thence South 02 degrees 15 minutes 00 seconds East 1363.80 feet;
thence South 87 degrees 28 minutes 00 seconds West 454.50 feet; thence North
01 degrees 13 minutes 00 seconds West 1354.20 feet; thence North 86 degrees
08 minutes 30 seconds East 430.20 feet to beginning.
Re: 51811 Pontiac Trail
Tax Item No. 21-01-200-002
L Brooks Patter
G. William Caddell, County Clerk
Resolution #99336 December 16, 1999
Moved by Palmer supported by Schmid the resolution be adopted.
AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever,
Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
1 1, HEREBY AP
•n••••n••nnn
FOREGOING RESOLUTIO:.
CoteAy Executive Date
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 16, 1999 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 ,46th c1 04. of December, 1999.