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HomeMy WebLinkAboutResolutions - 2000.10.19 - 26222October 19, 2000 Miscellaneous Resolution #00271 BY: Planning & Building Committee, Charles E. Palmer, Chairperson IN RE: Department of Facilities Management — APPROVAL OF PURCHASE 87.93 ACRES OF STATE OF MICHIGAN PROPERTY, LOCATED IN THE CITY OF PONTIAC, KNOWN AS PART OF TAX PARCEL NO. 14-19-351-009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the State of Michigan is the owner of 332 acres located in the City of Pontiac, known as the former Clinton Valley Center; and WHEREAS, pursuant to Public Act 492 of 1998, the State of Michigan shall convey to the County of Oakland the following described part of the Clinton Valley Center property: A parcel of land in the S 1/2 of section 19, T3N, R10E, Pontiac Township, City of Pontiac, Oakland County, Michigan and more particularly described as commencing at the southwest corner of said section 19; thence S89°16'27"E 555.51 feet, to the point of beginning of this description; thence N00°21'43"W 515.52 feet; thence N53°57'23"W 235.84 feet; thence N19°42'32"E 148.57 feet; thence N00°08"53"W 595.36 feet; thence S86°45'21"E 564.66 feet; thence N00°00'00"E 754.13 feet; thence S79°46'54"E 1530.80 feet; then 211.98 feet, on the arc of a curve to the left with a central angle of 21°11'27", a radius of 573.14 feet and a long chord bearing and distance of N21°46'23"W 210.77 feet, to the southwesterly right-of-way line of the Grand Trunk Western Railroad; thence S43°47'05"E 1022.11 feet, on said right-of-way; thence S47°53'49"W 1488.46 feet; thence S00°02'55"E 318.55 feet; thence N89°16'27"W 1450.00 feet, to the point of beginning, containing 87.93 acres, also known as part of Tax Parcel No. 14-19-351-009. WHEREAS, the above described 87.93 acres is located adjacent to the south property line of the Oakland County Service Center Complex on the east side of Telegraph Road in the City of Pontiac, and is therefore ideal for future expansion; and WHEREAS, pursuant to Public Act 492 of 1998, the above described part of the former Clinton Valley Center property shall be sold to the County of Oakland for not less than the previously established fair market value; and WHEREAS, pursuant to Miscellaneous Resolution No. 96157, the Department of Facilities Management received authorization from the Oakland County Board of Commissioners' to obtain real estate appraisals for the possible purchase of the Clinton Valley Center property; and WHEREAS, pursuant to real estate appraisals prepared by Dean Appraisal Company and Value Trends, Incorporated, fair market value for the conveyance of the above described property was established in the amount of $880,000; and WHEREAS, pursuant to the Board of Commissioners' Procedures for the Purchase of Property, Phase I and Phase ll Environmental Assessments were obtained, which concluded that no evidence or indication had come to light which would suggest that there had been a significant release of substances on or to the property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have negotiated an Offer to Purchase Real Property for the conveyance of the above described property from the State of Michigan to the County of Oakland for a purchase price of $880,000; and Planning and Building Committee Vote: Motion carried unanimously on a roll call vote with Colasanti absent. PLANNING AND BUILDING COMMITTEE )i WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed all necessary documents and recommend approval and acceptance of the Offer to Purchase Real Property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the purchase of the following described property from the State of Michigan: A parcel of land in the S 1/2 of section 19, T3N, R1 0E, Pontiac Township, City of Pontiac, Oakland County, Michigan and more particularly described as commencing at the southwest corner of said section 19; thence S89°16'27"E 555.51 feet, to the point of beginning of this description; thence N0O°21'43"W 515.52 feet; thence N53°57'23"W 235.84 feet; thence N19°42'32"E 148.57 feet; thence N00°08"53"W 595.36 feet; thence S86°45'21"E 564.66 feet; thence N00°00'00"E 754.13 feet; thence S79°46'54"E 1530.80 feet; then 211.98 feet, on the arc of a curve to the left with a central angle of 21°11'27", a radius of 573.14 feet and a long chord bearing and distance of N21°46'23"W 210.77 feet, to the southwesterly right-of-way line of the Grand Trunk Western Railroad; thence S43 °47'05"E 1022.11 feet, on said right-of-way; thence S47°53'49"W 1488.46 feet; thence S00°02'55"E 318.55 feet; thence N89°16'27"W 1450.00 feet, to the point of beginning, containing 87.93 acres, also known as part of Tax Parcel No. 14-19-351-009. BE IT FURTHER RESOLVED, the Oakland County Board of Commissioners hereby directs its chairperson or its designee to execute the necessary documents for the purchase of said property located in the City of Pontiac and identified as part of Tax Parcel # 14-19-351-009 for the amount of $880,000. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. OFFER TO PURCHASE REAL PROPERTY Oakland County, A Constitutional Corporation, (hereinafter "Buyer"), whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341-0419, hereby offers, subject to the following terms and conditions, to purchase from the STATE OF MICHIGAN (hereinafter "Seller"), whose address is Real Estate Division, Department of Management & Budget, 1st. Floor Mason Bldg., P. 0. Box 30026, Lansing, Michigan 48909, for the sum of Eight Hundred Eighty Thousand and no/100 Dollars ($880,000.00), the following described real property (hereinafter "Property"), including all structures and improvements, if any, located thereon: Parcel A (NORTH CAMPUS) A parcel of land in the S 1/2 of section 19, T3N, R10E, Pontiac Township, City of Pontiac, Oakland County, Michigan and more particularly described as commencing at the southwest corner of said section 19; thence S89°16'27"E 555.51 feet, to the point of beginning of this description; thence N00°21'43"W 515.52 feet; thence N53°57'23"W 235.84 feet; thence N19°42'32"E 148.57 feet; thence N00°08'53"W 595.36 feet; thence S86°45'21"E 564.66 feet; thence N00°00'00"E 754.13 feet; thence S79°46'54"E 1530.80 feet; thence 211.98 feet, on the arc of a curve to the left with a central angle of 21°11'27", a radius of 573.14 feet and a long chord bearing and distance of N21°46'23"W 210.77 feet, to the southwesterly right of way line of the Grand Trunk Western Railroad; thence S43°47'05"E 1022.11 feet, on said right of way; thence S47°53'49"W 1488.46 feet; thence S00°02'55"E 318.55 feet; thence N89°16'27"W 1450.00 feet, to the point of beginning, containing 87.93 acres. 1. This offer is made pursuant and subject to Public Act 492 of 1998, and is subject to the terms and conditions contained therein. 2. The Seller may accept this Offer by executing the acceptance portion of this Offer and depositing the same in the United States mail in an envelope addressed to the Buyer at the address stated above or at any other address designated by the Buyer in writing prior to the acceptance. Upon such acceptance, this offer shall become a binding contract for the sale of the Property. 1 3. All closing costs and special assessments, if any, shall be paid by the Buyer. All Closing Documents shall be prepared by the Seller. All Closing documents shall be received by the Buyer 10 days prior to closing. 4. The closing shall occur at a time and location mutually agreeable to the Parties. The Parties agree to work toward a closing at the end of November, 2000. 5. At closing, the Buyer shall deliver to the Seller a check in the amount of $880,000.00 made payable to the State of Michigan. Upon receipt of the check, the Seller shall deliver to the Buyer a quitclaim deed to the Property subject to any liens, claims, charges, tenancies, actions, restrictions, encumbrances, or title exceptions that may exist. Pursuant to Public Act 492 of 1998, the quitclaim deed to be delivered by the Seller at closing shall not reserve any mineral rights to the State, but shall provide that that if the grantee derives any revenue from the development of any minerals found on, within, or under the conveyed property, the grantee shall pay 1/2 of that revenue to the State. The quitclaim deed shall be prepared by, and subject to approval as to form by, the Department of Attorney General. 6. The Seller's execution and delivery of the quitclaim deed shall be deemed to be a full performance and discharge of all of the Seller's duties and obligations under this agreement, except for those, if any, that are expressly stated in this Offer to survive the closing. 7. Pursuant to Public Act 492 of 1998, the Buyer shall grant a sixty (60) foot wide easement burdening the southernmost section of County owned property (known as parcel 14-19-351-004) that is appropriate to service and benefit parcels which may be developed from the following described property (Parcel B): A parcel of land in the S 1/2 of section 19 and the N 1/2 of section 30, T3N, R1 0E, Pontiac Township, City of Pontiac, Oakland County, Michigan and more particularly described as commencing at the southwest corner of said section 19; thence S89°16'27"E 1453.02 feet, to the point of beginning of this description; thence S00°14'18"E 2451.56 feet, to the northerly right of way line of Elizabeth Lake Road; thence N79°13'51"E 292.11 feet, on said right of way; thence N81°53'56"E 154.00 feet, on said right of way; thence N88°18'35"E 124.23 feet, on said right of way; thence N00°16'27"W 663.61 feet; thence S89°13'34"E 640.00 feet; thence S00°41'10"W 637.22 feet, to the northerly right 2 of way line of Elizabeth Lake Road; thence N88°40'24"E 860.28 feet, on said right of way; thence N88°43'25"E 1005.26 feet, on said right of way; thence N55°09'17"W 382.73 feet; thence - N47°52'22"E 838.00 feet; thence S33°16'28"E 152.21 feet; thence S50°09'33"E 78.39 feet; thence N85°54'52"E 185.89 feet; thence S71°20'38"E 110.49 feet, to the northwesterly right of way line of North Johnson Avenue; thence N47°53'16"E 549.37 feet, on said right of way of North Johnson Avenue to the southwesterly right of way of the Grand Trunk Western Railroad; thence N43°47'05"W 3700.00 feet, on said railroad right of way; thence S47°53'49"W 1488.46 feet; thence S00°02'55"E 318.35 feet; thence N89°16'27"W 552.49 feet, to the point of beginning, containing 216.02 acres. The terms and conditions of said easement shall be mutually agreed to by the Buyer and Seller upon Seller's acceptance of an appropriate development plan for Parcel B. All costs and responsibility for any future development, improvement or alteration of the easement area shall be the sole cost and responsibility of the future owner or developer of parcel B. 8. The Buyer shall be solely responsible for examining the nature and quality of the Seller's title in and to the Property. The Seller makes no representations or warranties whatsoever to the Buyer regarding the nature or quality of the Seller's title in and to the Property. If the Buyer wishes to obtain title insurance for the Property, the Buyer shall be solely responsible for the cost of obtaining such title insurance. 9. The Buyer acknowledges and represents that it has had the opportunity to completely inspect the Property and accepts the Property "as is", that is, in its present condition. 10. The Buyer agrees to take no administrative, judicial, or other legal action against the Seller because of the existence or discovery of any toxic, hazardous, or injurious substances, including without limitation any action for contribution, cost recovery, third party actions, injunctive relief to compel the Seller to investigate or take remedial action, declaratory relief, damages, or any other action associated with or arising from any obligation the Buyer may have under federal, state, or local law in conjunction with the investigation, removal, or abatement of any toxic, ha71rdous, or injurious substance, including but not limited to asbestos or asbestos- containing materials. This Paragraph is expressly intended to, and shall, bar the Buyer from asserting any claim, legal or equitable, against the State of Michigan, and all of its departments and employees, for money 3 damages, injunctive relief, declaratory judgment, or any other legal or equitable relief, based on or arising from the existing environmental condition of the property, or in conjunction with the investigation, removal, or abatement of any toxic, hazardous, or injurious substance, including but not limited to asbestos or asbestos- containing materials. 11. When title passes to the Buyer at closing, the Property will or may become subject to certain regulatory laws to which the Property was not heretofore subject because it was owned by the State. The Buyer acknowledges that it has had the opportunity to make a complete inspection of the Property and that the Seller is under no obligation to the Buyer to take any action to bring the Property into compliance with such laws. The Buyer further acknowledges that it is the Buyer's responsibility to consult with all regulatory agencies that have jurisdiction over the Property and to comply with all applicable regulatory laws after it acquires title to the Property. 12. Neither the Seller nor the Buyer shall assign any interest under this Agreement without the prior consent of the other Party, its successor, or assigns. 13. If any provision of this Offer or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Offer, or the application of such provision to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby. This agreement shall be construed and enforced in accordance with the laws of the State of Michigan. 14. This Offer constitutes the entire agreement between the Seller and the Buyer, and there are no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning the transaction contemplated hereunder. This agreement shall inure to the benefit of and bind the Parties and their successors and assigns. 15. Notices either issued or received shall be deemed effective as of 12:00 noon Lansing, Michigan time on the third business day following the date of mailing. Business day is defined as any day other than a Saturday, Sunday, legal holiday, or day preceding a legal holiday. A receipt from a U.S. Postal Service, or successor agency, performing such function shall be conclusive evidence of the date of mailing. 4 Signed on behalf of Buyer this day of , 2000 Witnesses County of Oakland, A Constitutional Corporation Signature Printed: By: John P. McCulloch Its: Chairperson, Oakland County Board of Commissioners Federal I.D. No.: Signature Printed: State of Michigan County of This instrument was acknowledged before on , 2000, by , ) ) ) the , on behalf of the county. of the ,a Notary Public, , County, Michigan My Commission Expires: 5 Signature Printed: Duane E. Berger, Deputy Director ACCEPTANCE The State of Michigan, by its Department of Management and Budget, acting pursuant to and with the approval of the State Administrative Board on accepts the foregoing offer according to the terms thereof. Witnesses STATE OF MICHIGAN DEPARTMENT OF MANAGEMENT AND BUDGET Signature Printed: State of Michigan ) County of Ingham) This instrument was acknowledged before me on , 2000, by Duane E. Berger, the Deputy Director of the Department of Management and Budget of the State of Michigan, on behalf of the department and the State of Michigan. Notary Public, Ingham County, Michigan My Commission Expires: EASPE\ROBERT\CVCOAKOFFER4.DOC 6 FISCAL NOTE (Misc. #00271) October 19, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF PURCHASE 87.93 ACRES OF STATE OF MICHIGAN PROPERTY, LOCATED IN THE CITY OF PONTIAC, KNOWN AS PART OF TAX PARCEL NO. 14-19-351-009 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves the purchase of 87.93 acres of State of Michigan property, formerly part of the Clinton Valley Center property and identified as part of Tax Parcel #14-19-351-009, for the amount of $880,000. 2. Funding in the amount of $880,000 is available in the General Fund Designated Fund Balance for the Clinton Valley Center property purchase (#9407-13000). 3. The FY 2001 Budget is amended as follows: Revenue 90-190000-14000-1582 Prior Year's Balance $880,000 Expenditure 90-290000-25000-9150 Land Acquisition FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Obrecht absent. $880,000 $ -0- Gt William Caddell, County Clerk Resolution #00271 October 19, 2000 Moved by Palmer supported by Amos the resolution be adopted. Discussion followed. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. il HEREBY `—' L Brooks Pa 4 THE FOREGOING RESOLUTION 'mon. 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 October 19, 2000 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 19th day 9f October, 2000.