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Home My WebLink AboutResolutions - 1999.09.09 - 25904MISCELLANEOUS RESOLUTION #99234 September 9, 1999 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO CONVEY LOT 67, ASSESSOR'S PLAT NO. 156, AS RECORDED IN LIBER 59 OF PLATS, PAGE 10, OAKLAND COUNTY RECORDS, LOCATED IN THE CITY OF PONTIAC, TAX IDENTIFICATION NO. 14-07- 482-003 TO PARK AVENUE ASSOCIATES, A MICHIGAN CO-PARTNERSHIP. TO: OAKLAND COUNTY BOARD OF COMMISSIONERS, MR. CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the County of Oakland is the owner of vacant commercial land located in the City of Pontiac identified as Lot 67, Assessors Plat No. 156, as recorded in Liber 59, on Page 10, of Plats, Oakland County records, Tax Identification No. 14-07-482-003; and WHEREAS, the County of Oakland acquired the property from the State Land Board on February 24, 1942; and WHEREAS, on November 9, 1987 the County of Oakland by Miscellaneous Resolution No. 86102 conveyed via Quit Claim deed 12.01 Acres to Park Avenue Associates for $35,000; and WHEREAS, it has been determined by Park Avenue Associates' Title Insurance Company that the Quit Claim, which conveyed land to Park Avenue Associates in 1987, omitted said Lot 67 from the legal description; and WHEREAS, Park Avenue Associates has requested that the County of Oakland, a Michigan Constitutional Corporation, convey said Lot 67 to Park Avenue Associates to correct the error contained in the legal description of the said 1987 Quit Claim deed; and WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed the request of Park Avenue Associates and all related records and recommend that a Quit Claim deed be conveyed to Park Avenue Associates to correct the error of title. NOW THEREFORE BE IT RESOLVED that the County of Oakland Board of Commissioners approves the conveying via Quit Claim deed of Lot 67, Assessor's Plat No. 156, as recorded in Liber 59, on Page 10, of Plats, Oakland County records to Park Avenue Associates, a Michigan Co-Partnership; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or its designee to execute a Quit Claim deed to Park Avenue Associates, a Michigan Co-Partnership. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. INQ AND BUJ.BKG COMMITTEE Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Colasanti and Gregory absent. Date: 8/2/99 To: David W. Ross, Director Facilities Management From: Michael D. Hughson Property Managemept Specialist Oakland County Department of Facilities Management Property Management Division One Public Works Drive Waterford, Michigan 48328 (248) 858-5380 Fax (248) 452-2250 Inter-Office Memorandum Re: Planning & Building Committee Submittal Request to Quit Claim Lot 67, Assessor's Plat no. 156 To Park Ave. Associates to Correct Deed Attached for consideration by the Planning and Building Committee for its 8/31/99 meeting is one copy of a Quit Claim Deed to convey lot 67, Assessor's Plat No. 156, as recorded in liber 59, on page 10. of Plats, Oakland County Records to Park Avenue Associates, a Michigan Co- Partnership. This conveyance is requested to correct an error in a quit claim dated 11/9/87 and recorded in liber 10218, page 522 Oakland County Records from the County of Oakland to Park Avenue Associates. The subject property was originally acquired by the County on 2/24/42 as part of a 12 +1- acre parcel from the State Land Board. This property and several surrounding properties were subsequently subdivided by the City of Pontiac Assessor into Assessor's Plat no. 156 in March of 1948. In November of 1987 the County sold this property to Park Ave. Associates for $35,000. However, that part of the property known as lot 67 was omitted from the legal description contained on the quit claim deed. The property owner is now in the process of selling the property. New title work obtained by the property owner has revealed the error in the legal description. Therefore, I am recommending that the Board of Commissioners authorize the execution of a quit claim deed to correct this error in title. The attached quit claim deed and all supporting documents have been reviewed and approved by Corporation Counsel. I have prepared a resolution (attached) requesting approval and execution of the document. Also, attached is one copy of the quit claim deed, which omitted lot 67 from the legal description. Together with a map, the owner's letter of request and title information provided by Seaver Title Company. Please advise if further back-up material is required. HuggCoventry Park Avenue Associates 248-332-5500 0-tvit/ April 30, 1999 Michael Hughson Property Mgr. - Oakland County One Public Works Drive Waterford, MI 48328 ssco' tor.ouo\''" oploostie-tos. flog° Morgan Moreno Milzow Markeling Prrmie r Properrie REAL ESTATE RE: Lot 67, Assessor's Nat No-156,as recorded in Liber 59.ron Page 10, of Plats, Oakland County records. (Tax ED 14-07-482-003) - Located in the City of Pontiac. Dear Mr. Hughson: Pursuant to our conversation I am requesting, on behalf of my client, to convey the title of this parcel of land to Park Avenue Associates, the owner of all adjacent properties. Attached is current title work which indicates that this parcel is currently deeded to Oakland County. I am a real estate agent with Morgan, Moreno & Milzow RE. ready to list for sale a parcel consisting of 8.52 acres (Tax 11) 14-07-483-014) which completely surrounds Lot 67. It is my belief that when the surrounding property was deeded to Park Avenue Associates there was an oversight on the conveyance of this parcel. It was understood that Park Avenue was receiving good title to the complete parcel involved on the corner of Walton and North Telegraph Rd. Somehow I feel that the paperwork for this particular parcel (Lot 67) slipped through the cracks and title was never conveyed as was intended. Since the mid 1980's Park Avenue Associates and their attorney have engaged in correspondence with both the State of Michigan Land Board and Oakland County to try and clear up the situation. To date they have been unsuccessful. It is my understanding that the title work has never been completely researched until we did preliminAry title work while doing our due diligence before ligingany parcel of land. Now that the current title work has been done by Seaver Title Co. and the lag recorded deed has been produced showing Oakland County's ownership, I am wondering if you can begin the process of conveying title of Lot 67 to Park Avenue Associates through whatever procedures are necessary and Proper. We need to get this matter cleared up A.S.A.P. as Park Avenue Associates have a pending buyer on part of this land. Obviously, no sale can take place until the Lot 67 problem is clarified. I realize that these situations take time and will appreciate anything that you can do to help us. Sincerely, Robert J. Newman 248-623-1951 25 Main Street • Clarkston, Michigan 48346 • Phone (248) 625-1010 • Fax (248) 625-5298 &LI Dona SY 96A' 87 lipai ndOloills COUNTY Of OAKLAND, • Michigan tmostItutlamol 1111 0111111MOLIII 33381 STA= OP 1111:1110401 COUNTY Wood thw avamweas woos Alvin 5. 1991 MI I MINIONNIMINIMn0 um 10218 111 522 rmenr-calmaxmicitartiv PHILIP R. SEAVER TITLE COMPANY, Inc. MO N. VandlaNd / I.EI lab. Illsalips NOM /pm Wit 74;ar 3110,v219681 sarn ON MI / UmaalL 1111111* 4M111 / EMIL Goad am Newt Illiagno / IN7) UMW wow ma aim mimes virons. The the COUNTY OF OAXLAND,aMichigan Constitutional Corporation, odor dim la 1200 North Telegraph Road, Pontiac, MI 4E053, Olit Char is PARK AVENUE ASSOCIATES, a _Partnership. wboraddloulb 3750 Lackawenne, Auburn Rills, MI 48057, Oa 1.11snias dandbad opankos arra is Os City se Pontiac, cu—ai d Oakland, sod Sue et alkaloaa, Weitz Part of the Southeast 114 of Section 7, T501, R10f, City of Pontiac, Oakland County, Michigan, described as beginning at the Southeast 1/4 of Section 7, thence N 3 degrees 5910"N 544.08 ft- to a point, thence S 85 degrees 51'00°N 808.58 ft. to a point, thefts S 24 degrees 30'45" V 604.63 ft. to a point, thence N 86 degrees • WA" E 1058.52 ft. to the point of beginning; subject to building and use restrictions and easements of mooed, and subject to such liens and escietbrances as hove attached or accrued through acts or omission other thee those of the Grantor's herein since September 15. 1886, the date of a certain Land Contract between the COUNTY Of OAKLAND, • Michigan Constitutional Corporation, Seller, and PARK AVENUE ASSOCIATES. • Partnership. Purchaser, in fulfillment of which this Seed is given, hw dr km assiddror. foo THIRTY-FIVE THOUSAND and No/180 DOLLARS ($35.000.00). ,daaamplicasui or LI. 96 atiell• WINN MI MI us Ismalig banisnat als adasellkpa Woo as 901 d November, 1017, me, ROT MM. is) Chairperson ts) et the BOARD OF COPPIISSIOMERS of the COUNTY Of OAKLAND, me Michigan Constitutional Onaanallo a WW1 at Os eel amaniam Maw ars at (t) nonta) dallearte) MN. dallon(S CS) soned.dennewa 143 011a Impooka tannonat taatase LINDA I. WASIILIWSIII III:rine N. telegraph he., Feotioo. 114 40,53 4411 lionedlos Pam Mao omsbe VIM • sum TOMO*7.ii (h) olioloaa moo Greste Grunts Resolution #99234 September 9, 1999 Moved by Palmer supported by Melton the resolution be adopted. AYES: Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, Melton. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. HE FOREGOING RESOLUTION 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 September 9, 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 9th day 4 September, 1999. 4 tL G. William Caddell, County 61er I9 1,4 to- rib 1 41 ito-34. __—I A # 411 mit •00 - 11F-11.-t--T-- I 'I --wive 1 L— Z10 TIS5 I 110- *444/-.".1.7.1111011.111011M1111111 r ekip . . / Lb 111, 4,. 06. 9111/ - lb rvvr VIP 66 SO I g If eV 40111 0'4 7,9 466, a g re. - ---41=1 °so 017 rTtr Ytat7101""r:17 gory.. g i rty 90 fa 3 11, ell:V.6SG t tie" ES& IIO• *lite 0,0 • lig r, • ‘oo• 0)5 5 goo- LUG 'S 1.00Fgr' t**0- liet s.ti _. 08 0 us I* le, if te 001r 1.aste,-- t :8 Am 8 og 47 We' -Irt.611,?1 iroo. 91PD • rt LS% boo-900 ' T 57171 /c7 " I, o chi U' ItiNt1II, c: , St& • /ea• -00LIft cpl 1-34e - --NA-70100‘964 NHL -*I pun- 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 Road, Pontiac, MI 48341 Quit Claims to Park Avenue Associates, a Michigan Co-Partnership whose address is 3750 Lackawana, Auburn Hills, MI 48057 the following described premises situated in the City of Pontiac County of Oakland and State of Michigan, to-wit: Lot 67, Assessor's Plat No. 156, as recorded in Liber 59, on Page 10, of Plats, Oakland County Records. More commonly known as: Vacant for the full consideration of One Dollar Dated this day of 19 99 Witnesses: Tax Item No. 14-07-482-003 Signatures: (L.S.)