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November 18, 1999
REPORT (Misc. #99128)
BY: PLANNING & BUILDING COMMITTEE—CHARLES E. PALMER, CHAIRPERSON
RE: MISCELLANEOUS RESOLUTION #99128, OAKLAND COUNTY DRAIN
COMMISSIONER'S REQUEST TO RELINQUISH COUNTY-OWNED PROPERTY -
COMMERCE TOWNSHIP WATER SUPPLY SYSTEMS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRMAN, LADIES AND GENTLEMEN:
The Planning and Building Committee, having reviewed Miscellaneous Resolution
#99128, Oakland County Drain Commissioner's Request to Relinquish County Owned Property-
-Commerce Township Water Supply Systems, finds that there are special and unique
circumstances in the conveyance of this property, and in accordance with the Rules of the Board
of Commissioners regarding the sale of property, hereby recommends that MR #99128, be
amended to add:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does
hereby waive the provisions of Board Rule XI, D, 7, and MR491090, as amended by MR#93048
and MR#95213, for the sale of the subject property in consideration of the health, safety and
welfare value that such conveyance will afford the citizens of Commerce Township.
Chairperson, I move the acceptance of the foregoing report.
PLANNINOA BUILDING,COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Amos absent.
May 27, 1999
MISCELLANEOUS RESOLUTION # 199128
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 SUPPLY SYSTEMS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland is currently the owner of certain parcels of property located within the Charter
Township of Commerce, Oakland County, as described on Attachment "A" attached hereto, and water distribution systems
located thereon, and
'WHEREAS, various Developer's conveyed to the County all its rights, title and interests in and to said properties,
buildings, improvements and equipment, pursuant to Quit Claim Deeds recorded in Liber 4068, Page 88, Liber 4068, Page
89 and Liber 4069, Page 813, Oakland County Records, on April 7, 1960, September 16, 1959 and February 3, 1960
respectively, to operate and maintain the well water production site, located in the Township, and
WHEREAS, the County has demolished the well house and abandoned the wells in accordance with M.D.E.Q.
requirements, and has no further need of fee simple interest, and
WHEREAS, the County will retain a twenty (20) foot wide permanent easement as described on Attachment "B"
thru the property for the operation and maintenance of a water supply system, and
WHEREAS, the Township has now requested, by copy of Resolution dated January 12, 1999 (copy attached),
that the property, contained in the aforedescribed Quit Claim Deeds and as described on Attachment "A" be conveyed
to the Charter Township of Commerce.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners' hereby authorizes
the conveyance, by Quit Claim Deed, of the County's rights, title and interests in and to the property, as described, to the
Charter Township of Commerce.
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners' authorizes its Chairperson
to execute the Quit Claim Deed.
CHAIRPERSON, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
Resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Schmid absent
v.
rOAKLANL :11 gr
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
TR 1 Y M I U H I UAN tierald U. l'Oisson, Director 8513-0553 DEPARTMENT OF CORPORATION COUNSEL Joseph W. Colaianne 975-9616
October 15, 1999
PERSONAL AND CONFIDENTIAL
ATTORNEY/CLIENT RELATIONSHIP
Charles E. Palmer, Chairperson
Planning & Building Committee
Oakland County Board of Commissioners
1200 N. Telegraph Rd.
Pontiac, MI 48341
Re: MR #99128 "Oakland County Drain Commissioner's Request to Relinquish
County-Owned Property - Commerce Township Water Supply System"
Dear Commissioner Palmer:
Last June, 1999 you contacted this Department for assistance and recommendation with regard
to a request from Commerce Township to transfer county owned real estate to the township.
The proposal was to effectuate a property transfer without monetary consideration. In June
rendered an opinion that addressed two distinct issues.
First, I indicated that pursuant to Article 9 § 18 of the Michigan Constitution, the county is
prohibited from giving anything away without consideration. Alan v Wayne County, 388 Mich
210, 325-327 (1972), citing, Detroit Museum of Art v Engel, 187 Mich 432 (1915) (salary of
employee of private museum, no consideration, no public purpose); Young/as v Flint, 245 Mich
576 (1956) (transfer of city park to US reserve armory) but see contra Sommers v Flint, 355
Mich 655, 663 (1959). That is, in order to properly transfer something of value the county must
receive something for value in return. "Consideration" is not limited to "monetary consideration"
and sufficient consideration for transferring something of value for a public purpose is left to the
sound discretion of the County Board of Commissioners. See Alan, 388 Mich at 326-27.1
Secondly, I indicated that in the case of limited use parcels - such as parcels acquired for water
and sewer easements - the County's policy as adopted by the County Board of Commissioners,
requires, among other things, notification to the adjacent property owners that the County is
proposing to sell certain parcels and offer the adjacent property owners first option to purchase.
I In Alan the Michigan Supreme Court stated: "Now the nub of the problem in all probability is the values received by
the state in return for the value transferred. So our inquiry goes to what is the value and who determines it. . ."
"[T]his Court will assume that the officers of the Legislative and Executive Branches will do their duty and exercise a
proper judgment. The courts will respect that judgment unless there has been a clear abuse of discretion. Obviously
if the state or county were to make a valuable grant for next to no consideration, the courts would be forced to regard
that not as an exercise of discretion, but an abuse of discretion. . "Alan. 388 Mich at 326-27.
Court Towef • West Wing • ;200 Noon Telegrapt, Road • Pontiac, Mschsgan 48341•-0419 • 1248) 858-0550 • Fax (248; 855.1CO3
OAKLAND COUNTY CORPORATION COUNSEL
(Commissioner Palmer, letter)
October 15, 1999
Page 2.
Subsequent to my letter to you dated June 28, 1999, I was requested to meet with Mr.
Hughson, the staff from the Drain Office, and representatives from Commerce Township to
discuss and if possible, resolve how the property in question may be transferred to the
township.
As you are aware, the real estate in question involves a parcel property formerly occupied by
a well house [now abandoned] that was owned by the County, and operated and maintained
by the staff now under the jurisdiction of the County Drain Commissioner [previously the well
house operated and maintained by the County's Department of Public Works]. The property
consists of approximately four acres and according to Michael Hughson, Property Management
Specialist, Dept. of Facilities Management, has an appraised value of $70,000.
Commerce Township would like to obtain title to the county-owned well house property in order
to sell this property to Huron Valley Hospital. The proceeds from this sale would be used to off
set the funds paid to the hospital for the purchase of property owned by the hospital located on
Commerce Road [hereinafter referred to as the Commerce Road property]. This Commerce
Road property is dedicated for use of a new township fire department [a public purpose].
According to the facts presented to me by both Mr. Hughson and the Drain staff, the property
owned by the County was never purchased but simply deeded for the sole purpose of operating
a well house for the benefit of commerce township residents. This property was then operated
and maintained by funds obtain in the form of rates charged to the users of the water system.
The well was then abandoned with considerable amount of investment by the township in favor
of a water supply system from the City of Detroit. It is my understanding that a portion of the
funds on hand for the operation and maintenance of the now abandoned well were/are to be
transferred to the Commerce Township for the operation and maintenance of the new water
supply system. This fact is important, since it was related to me that previously the Board of
Commissioners has authorized the sale of limited use parcels, and the funds obtained in the
sale were utilized to either demolish existing structures on the property and/or transferred to
the appropriate water and sewer fund, and not the County's general fund. See MR 88096.
In addition, the Board of Commissioners has authorized the transfer of similar properties [well
house properties] that were abandoned, directly to the township. See MR 88162. In one
respect, the transfer relieved the county of any potential tort liability for the property.
Finally, arguably the transfer of the real property in questioned serves a public purpose since
the property would be used in an exchange for property that was purchased from the Hospital
by the Township for fire protection purposes.
Based on the foregoing, it is my opinion that there are sufficient facts for the Board of
Commissioners to decide whether there is sufficient consideration, other than monetary
consideration, being exchanged by transferring this county owned property to the township.
Next, the Board's policy as it relates to the sale/transfer of limited use parcels would be in
conflict with the proposed transaction; however, there is nothing to prohibit the Board from
suspending or amending its own policy so long that it does not offend the law. With regard to
this particular transaction, whether the Board of Commissioner's decides to suspend its current
policy is not a legal question, but a policy decision.
Court Towet - Wes, +Mr-1g • '2`;') ^Icon Telegraph Road • FOrhac Michngan 49341-0419 • .2481858-0550 • FaX (248) 858-1003
OAKLAND COUNTY CORPORATION COUNSEL
(Commissioner Palmer, letter)
October 15, 1999
Page 3.
Should you have any questions regarding this opinion, please call.
Very truly yours,
OAKLAND COUNTY CORPORATION COUNSEL
Gerald D. Poisson, Director
By:
Joseph W. Colaianne
Assistant Corporation Counsel
cc: Dave Ross, Director, Dept. Facilities Management
Mike Hughson, Property Management Specialist
James E. Porter, Chief Deputy Drain Commissioner
Court Tower - West Wing • 12C0 North Telegraph Road • Pontiac Michigan 48341 0419 • (248) 858-0550 • Fax (248) 858-1003
UN TY GA!'& Gerald
CEPAR7MENT OF CORPORATiON COUNSEL
oisson, Oirector
Joseph W. Cotatanne 975-9616
61! ASA-OSSI
S illroAKL800.- nowirow
L SROCKS PA77ERSON, OAKLANC COUNTY EXECUTIVE
June 29, 1999
PERSONAL AND CONFIDENTIAL
ATTORNEY/CLIENT RELATIONSHIP
Charles E. Palmer, Chairperson
Planning & Building Committee
Oakland County Board of Commissioners
1200 N. Telegraph Rd.
Pontiac, MI 48341
Re: MR #99128 'Oakland County Drain Commissioner's Request to Relinquish
County-Owned Property - Commerce Township Water Supply System"
Dear Commissioner Palmer:
You have contacted this Department for assistance and recommendation with regard to the
transfer of real property owned by the County to Commerce Township; and, to provide a
recommendation for the disposal of county owned property without monetary consideration.
The real property in question is property formerly occupied by a well house or water
distribution facility that was owned by the County, and operated and maintained by the staff
now under the jurisdiction of the County Drain Commissioner [previously the well house
operated and maintained by the County's Department of Public Works]. The well, which
supplied water to the property owners located within the vicinity, has now been abandoned
in favor of water supplied by the City of Detroit. The property is over four acres and is located
in Commerce Township. The property was deeded to the County in 1959-60 as evidenced
by the deeds recorded in Liber 4068, Page 88, Liber 4068, Page 89, and Liber 4069, Page
813, Oakland County Records.
Commerce Township would like to obtain title to the county-owned well house property in
order to sell this property to Huron Valley Hospital. The proceeds from this sale would be
used to off set the funds paid to the hospital for the purchase of property owned by the
hospital located on Commerce Road [hereinafter referred to as the Commerce Road
property]. This Commerce Road property would be dedicated for use of a new township fire
department. There is no county appraisal for the well house property.
Article 9 § 18 of the Michigan Constitution provides the general rule that the state shall not
lend its credit except as provided in the constitution. Specifically, Mich Const 1963, art 9 §
18 provides:"The credit of the state shall not be granted to, nor in aid of any person,
association or corporation, public or private, except as authorized in this constitution." This
provision has been held applicable to political subdivisions and instrumentalities of the state,
including counties. Drain Commissioner of Oakland County v City of Royal Oak, 306 Mich
Couo 7••••' 'Nem .1','"19 • 1200 Roo' -4aKe1oo Road • dcadkic. Vietnam 443414419 • 1241 356-0550 • Fax (246165g-1M
OAKLAND COUNTY CORPORATION COUNSEL
124, 142 (1943). It is on this basis that it has been held that state or its subdivision the
county cannot give anything away without consideration. Alan v Wayne County, 388 Mich
210, 325-327 (1972), citing, Detroit Museum of Art v Engel, 187 Mich 432 (1915) (salary of
employee of private museum. no consideration, no public purpose): Younglas v Flint, 245
Mich 576 (1956) (transfer of city park to US reserve armory) but see contra Sommers v Flint,
355 Mich 655, 663 (1959). Accordingly, in order to properly transfer something of value the
county must receive something for value in return. Alen, 388 Mich at 325.
The County's policy for the sale of county owned property authorizes the County Executive,
with the concurrence of the Planning & Building Committee, to sei property in the following
ways: (1) at a private sale for not less than the lowest current appraisal price; and (2) at a
public sale either by public auction or sealed bids, with the minimum price not less than
lowest current appraisal price, unless otherwise authorized by the Board of Commissioners.
In the case of limited use parcels - such as parcels acauired for water and sewer easements
- the County Executive, with the concurrence of the Planning & Building Committee, is
required to notify adjacent property owners that the County is proposing to sell certain
parcels and is offering the adjacent property owners first option to purchase. If the adjacent
property owners are interested the County is required to advise the property owners of all
information that the County has in regard to said properties, including "easements being
retained, soil conditions etc." and the deadline to make purchase offers. If the County
receives no offers, from the adjacent property owners, then County shall proceed to
advertise for sale in accordance with (2) above. If no sale has been made after thirty (30)
days under any of the procedures outlined above, the Planning & Building Committee may
authorize the County Executive to notify licensed brokers in the area that county .owned
property is available for not less than the lowest appraisal price or highest bid received.
The County policy for the sale and purchase of county-owned property ensures that the
county receives something for value in return for transferring something of value. In this
manner, the constitutional prohibition that the state and its political subdivisions [i.e. counties]
shall not lend its credit, is not violated. Mich. Const., 1963, Art. 9 §18. The County's current
policy, however, does not address the transfer of property to a public entity [i.e. cities,
townships, villages, drainage districts or authorities] for consideration other than monetary
consideration.
Finally, because the property in questioned was used as a well house, the County's current
policy requires that the adjacent property owners be given the first option to purchase.
Accordingly, it is my opinion that absent a change in policy, the proposed transaction is not
permitted.
Should you have any questions regarding this opinion, please call.
Very truly yours,
OAKLAND COUNTY CORPORATION COUNSEL
Gerald D. Poisson, Director
Joseph W. Colaianne
Assistant Corporation Counsel
COurt "wet tk•sl /Ong • '200 NOM, Toro-ion Road • POrMaC, kbaKian 48341.0A '9 • {244, 4541.4s54 • Fu l245) p55.1003
ATTACHMENT "A"
Part of the Northwest 1/4 of Section 10, T.2N., R.8E., Commerce Township,
Oakland County, Michigan, described as: Beginning at a point distant N.
89°56'25"E., 1307.94 ft and N. 00°18'17"W., 608.29 ft from the West 1/4 corner of
said Section 10; thence N. 89°50'05"E., 222.27 ft; thence N. 44°50'05"E., 165.68 ft;
thence N. 00°09'55"W., 122.62 ft; thence N. 22°39'55"W., 79.56 ft; thence N.
45°09'55"W., 122.62 ft; thence S. 89°50'05"W., 265.68 ft; thence S. 44°50'05"W.,
165.68 ft; thence S. 00°09'55"E., 165.68 ft; thence S. 45°09'55"E., 165.68 ft; thence
N. 89°50'05"E., 43.41 ft to the Point of Beginning, also Outlot A of "Mt. Royal
Estates Subdivision" of part of said Northwest 1/4 of Section 10, and recorded in
Liber 96 of Plats, Page 13, Oakland County Records, all containing 174, 747.16 sq.
or 4.0116 acres of land.
Sidwell No's. 17-10-176-001 & -009
This property may be located within the vicinity of farmland or a farm
operation. Generally accepted agricultural and manangement practices which
may generate noise, dust, odors, and other associated conditions may be used
and are protected by the Michigan right to farm act.
ATTACHMENT "B"
A twenty (20) foot wide permanent easement for the operation and maintenance of
a water supply system. The centerline of a twenty foot wide strip of land described
as beginning at a point on the north line of the above described Outlot "A" distant S.
89°50'16"W., 24.86 ft.; from the northeast corner of said Outlot "A"; thence from
said point of beginning, S. 44°07'28"W., 10.78 ft.; thence N. 86°42'01"W., 136.67
ft., thence S. 83°15'28"W., 29.84 ft.; thence N. 82°21'09"W., 98.03 ft.; thence N.
89°29'15"W., 59.64 ft.; thence S. 13°09'20"W., 11.0 ft.; thence S. 30°11'48"W.,
18.22 ft.; thence S. 78°36 140"W., 151.74 ft. to reference Point "A"; thence S.
71°48'30"W., 59.10 ft. to the point of ending on the westerly line of the above
described parcel distant N. 00°09'55"W., 5.97 ft. from the most westerly southwest
corner of the above described parcel; also a twenty foot wide strip of land, the
centerline desribed as beginning at the above referenced Point "A"; thence N.
21°27'01"W., 55.94 ft.; thence N. 24°26'09"W., 87.32 ft. to the point of ending on
the westerly line of the above described parcel distant S. 00°09'55"E., 9.70 ft. from
the most westerly northwest comer of the above described parcel.
RESOLUTION OF THE TOWNSHIP BOARD
OF THE CHARTER TOWNSHIP OF COMMERCE
Mt. Royal Well Site
At the regular meeting of the Township Board of the Charter Township of Commerce,
County of Oakland, Michigan, held on the 12 th day ofJanmry, 1999, in the Township Hall at 7:30
p.m.
PRESENT: Thomas K. Zoner, Sandra S. Abrams, Susan L. Gross, Daniel P. Munro, Robert J.
Long, Rick Sovel, and Cheryl MagaLski
ABSENT: None
The following preamble and resolution were offered by Munro and supported by Sovel.
WHEREAS, the Oakland County Drain Commission has advised the Charter Township
of Commerce that it is willing, without cost, to transfer ownership of the Mt. Royal Well Site to
the Charter Township of Commerce upon receipt of a formal request to do so; and
WHEREAS, the Charter Township of Commerce, Oakland County, Michigan, wishes to
acquire ownership of the Mt. Royal Well Site from the County of Oakland; and
WHEREAS, Public Act 359 of 1947, as amended; MCL 42.14, authorizes a Charter
Township the power to acquire property for public purpose, provided no taxes are levied for its
acquisition without approval by a majority of the electors of the Township,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Township Board of the Charter Township of Commerce, Oakland County, Michigan
hereby requests the Oakland County Drain Commission and/or the County of Oakland to
convey ownership of the Mt. Royal Well Site to the Charter Township of Commerce
following abandonment of the well site and connection of these properties served thereby to
the Township water supply system. The subject property is described as:
Part of the Northwest 1/4 of Section 10, T.2N., R.8E., Commerce Township,
Oakland County, Michigan, described as: Beginning at a point distant N.
89°56'25"E., 1307.94 ft and N. 00°18'17"W., 608.29 ft from the West 1/4
corner of said Section 10; thence N. 89°50'05"E., 222.27 ft; thence N.
44°50'05"E., 165.68 ft; thence N. 00°09'55"W., 122.62 ft; thence N.
22°39'55"W., 79.56 fl; thence N. 45°09'55 -W., 122.62 ft; thence S.
89°50'05"W., 265.68 ft; thence S. 44°50'05"W., 165.68 ft; thence S.
00°09'55"E., 165.68 ft; thence S. 45°09'55"E., 165.68 ft; thence N.
89°50'05"E., 43.41 ft to the Point of Beginning, also Oudot A of "Mt. Royal
Estates Subdivision" of part of said Northwest 1/4 of Section 10, and recorded
Intention Resolution
Mt. Royal Well Site
Page 2
in Liber 96 of Plats, Page 13, Oakland County Records, all containing 174,
747.16 sq. ft. or 4.0116 acres of land.
Sidwell No's. 17-10-176-001&-009
2. No taxes shall be levied in connection with this conveyance.
AYES: Thomas K. Zoner, Sandra S. Abrams, Susan L. Gross, Daniel P. Munro, Robert J.
Long, Rick Sovel, and Cheryl Magalski
NAYS: None
ABSENT: None
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
)s.
COUNTY OF OAKLAND)
I, the undersigned duly qualified Township Clerk of the Charter Township of Commerce,
Oakland County. Michigan, do hereby certify the foregoing is a true and complete copy of the
proceedings taken by the Township Board of the Charter Township of Commerce at a meeting
held on the 12th day of January, 1999.
C74
/SANDRA S. ABRAM- S, Clerk
Charter Township of Commerce
Dated: January 13, 1999
f'doesOckiefictc'sacflresolzaterniroy-well site-mtdoc
Dated this
Witnesses:
day of 1999
Signatures:
QUIT CLAIM DEED - CORPORATION - Statutory Form
KNOW ALL MEN BY THESE PRESENTS: That THE COUNTY OF OAKLAND, a Michigan Constitutional
Corporation,
whose address is 1200 N. Telegraph, Pontiac, Michigan 48341
Quit Claim(s) to CHARTER TOWNSHIP OF COMMERCE, a Michigan Municipal Corporation,
whose address is 2840 Fisher Ave., Commerce Township, Michigan 48390
the following described premises situated in the TOWNSHIP of COMMERCE
County of Oakland and State of Michigan, to-wit:
(SEE ATTACHMENT "A")
Sidwell No's. 17-10-176-001 & 17-10-176-009
for the full consideration of ONE ($1.00) DOLLAR, exempt per MCL 207.505 (5) (h) (i)
MCL 207.526 (6) (h) (i)
subject to a twenty foot wide permanent water supply system easement as described on Attachment "B" and depicted
on Attachment "C ".
THE COUNTY OF OAKLAND,
a Constitutional Corporation (L.S.)
By (L.S.)
JOHN P. McCULLOCH
Its CHAIRPERSON
ATTACHMENT "A"
Part of the Northwest 1/4 of Section 10, T.2N., R.8E., Commerce Township,
Oakland County, Michigan, described as: Beginning at a point distant N.
89°56'25"E., 1307.94 ft and N. 00°1817"W., 608.29 ft from the West 114 corner of
said Section 10; thence N. 89°50'05"E., 222.27 ft; thence N. 44°50'05"E., 165.68 ft;
thence N. 00°09'55W., 122.62 ft; thence N. 22°39'55"W., 79.56 ft; thence N.
45'0955"W., 122.62 ft; thence S. 89°50'05"W., 265.68 ft; thence S. 44°50'05"W.,
165.68 ft; thence S. 00°09'55"E., 165.68 ft; thence S. 45°09'55"E., 165.68 ft; thence
N. 89°50'05"E., 43.41 ft to the Point of Beginning, also Outlot A of "Mt, Royal
Estates Subdivision" of part of said Northwest 1/4 of Section 10, and recorded in
Liber 96 of Plats, Page 13, Oakland County Records, all containing 174, 747.16 sq.
ft. or 4.0116 acres of land.
Sidwell No's. 17-10-176-001 & -009
This property may be located within the vicinity of farmland or a farm
operation. Generally accepted agricultural and manangement practices which
may generate noise, dust, odors, and other associated conditions may be used
and are protected by the Michigan right to farm act.
ATTACHMENT "B"
A twenty (20) foot wide permanent easement for the operation and maintenance of
a water supply system. The centerline of a twenty foot wide strip of land described
as beginning at a point on the north line of the above described Outlot "A" distant S.
89°50'16"W., 24.86 ft.; from the northeast corner of said Outlot "A"; thence from
said point of beginning, S. 44°07'28"W., 10.78 ft.; thence N. 86°42'01"W., 136.67
ft., thence S. 83'15'28"W., 29.84 ft.; thence N. 82'21'09"W., 98.03 ft.; thence N.
89°29'15"W., 59.64 ft.; thence S. 13°09'20"W., 11.0 ft.; thence S. 30°11'48"W.,
18.22 ft.; thence S. 78°36'40"W., 151.74 ft. to reference Point "A"; thence S.
71°48'30"W., 59,10 ft. to the point of ending on the westerly line of the above
described parcel distant N. 00°09 155"W., 5.97 ft. from the most westerly southwest
corner of the above described parcel; also a twenty foot wide strip of land, the
centerline desribed as beginning at the above referenced Point "A"; thence N.
21°27'01"W., 55.94 ft.; thence N. 24°26'09"W., 87.32 ft. to the point of ending on
the westerly line of the above described parcel distant S. 00°09'55"E., 9.70 ft. from
the most westerly northwest corner of the above described parcel.
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Resolution #99128 May 27, 1999
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
FISCAL NOTE (Misc. #99128) November 18, 1999
BY: F:NANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER'S REQUEST TO RELINQUISH COUNTY OWNED
PROPERTY - COMMERCE TOWNSHIP WATER SUPPLY SYSTEMS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance has reviewed the above
referenced resolution and finds:
1. The resolution authorizes the conveyance, by Quit Claim Deed, of
Oakland County's rights, title and interests in and to the parcel of
property described in attachment "A" of resolution #99128.
2. Oakland County will retain a twenty (20) foot wide permanent
easement as described in attachment "B" for the operation and
maintenance of a water supply system.
3. This action has no impact on Drain Commissioner's budget, therefore
no budget adjustments are required.
FINANCE COMMITTEE
FINANCELCOMMITTEE VOTE;
Motion carried unanimously on a roll call vote.
Resolution #99128 November 18, 1999
Moved by Palmer supported by Dingeldey the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Dingeldey the resolution be adopted.
Moved by Palmer supported by Dingeldey the resolution be amended to
coincide with the recommendation in the Planning and Building Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Devine,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid,
Sever. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
illimmownso
„de I HEREBY '-O RESOLUTION
-41.11L411 ///2 3/51-
L Brooks Patte son. County 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 November 18, 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 18,441 day/6f November, 1999.
G. William Caddell, County Clerk