HomeMy WebLinkAboutResolutions - 2001.12.13 - 26337December 13, 2001
MISCELLANEOUS RESOLUTION # 01324
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF CONVEYANCE OF
TELEGRAPH ROAD ACCESS PARCEL TO THE CITY OF PONTIAC, PART OF PARCEL NOS. 14-19-
351-004 AND 14-19-351-009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Public Act 492 of 1998 and pursuant to Miscellaneous Resolution No. 00271,
the County of Oakland purchased the north 87.93 acres of the former Clinton Valley Center property from the
State of Michigan; and
WHEREAS pursuant to Public Act 492 and pursuant to Miscellaneous Resolution 00271 and
contingent upon the approval of an appropriate development plan, the County of Oakland is required to grant
an easement to the City of Pontiac that is appropriate to service developed parcels of the remaining 215.65-
acres of the former Clinton Valley Center property over the southern most section of County owned property;
and
WHEREAS the City of Pontiac approved a site plan for development of the remaining Clinton Valley
Center property on July 26, 2001; and
WHEREAS the intended purpose of the easement is to provide a means of ingress, egress and for
placement of utilities to service development of the remaining Clinton Valley Center property; and
WHEREAS the Departments of Facilities Management and Corporation Counsel, in conjunction with
the City of Pontiac, have determined that a 2.27-acre parcel measuring 1,090.19-feet in length located
adjacent to the south property line of the Oakland County Service Center is appropriate to service
development of the remaining Clinton Valley Center property.
WHEREAS Oakland County Corporation Counsel has concluded that conveying the property via
quit claim deed rather than via an easement is appropriate and is in the best interest of the County.
WHEREAS Oakland County Corporation Counsel has further recommended that easements be
reserved over the subject property for public utilities and sidewalk and that a right of reversion in favor of
Oakland County is appropriate; and
WHEREAS all required documentation will be prepared and/or subject to the approval of the
Oakland County Corporation Counsel and the Department of Facilities Management.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the conveyance via quit claim deed of land described in the attached Exhibit "A" to the City of
Pontiac subject to the City of Pontiac completing the purchase of the remaining 215.65-acres of the former
Clinton Valley Center property.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
chairperson or its designee to execute all necessary documents required to convey, via quit claim deed, land
described in the attached Exhibit "A" to the City of Pontiac.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
P , (LA :ING AND BUILDING COMMITTEE
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Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Gregory absent
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5. Purchaser acknowledges that S'elJer , st all have no responsibility to contribute to the cost of
the survey of the Parcel and Easement Area to be provided by Purchaser, nor to provide a policy of title
insurance with respect thereto. Purchaser shall be solely responsible for any real estate or other taxes that
attach to the Parcel after it is vacated as a public roadway. Purchaser understands that the Parcel is being
sold "as is" and that Seller warrants that there are no known encumbrances affecting Seller's title to the
Parcel.
6. The consummation of this sale shall take place at a time and place to be agreed upon by the
parties not later than fifteen (15) days after the City records with the Oakland County Register of Deeds a
certified copy of the resolution of Council confirming the vacation of Clairview Drive. Purchaser shall
advise Seller as to the date of recording as soon as reasonably possible after Purchaser receives notice of
such recording.
At Closing, Seller shall deliver possession of the Parcel, free and clear of any tenants or
other occupants.
7. This Agreement may be amended or modified only by written agreement of all parties
hereto and the same constitutes the entire agreement between the parties relating to the subject matter
hereof.
8. The terms and conditions of this Agreement shall be binding upon the parties hereto, their
respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Real Estate Sale Agreement as of
the date first above written.
THE COUNTY OF OAKLAND,
a
By:
Its:
"Seller"
NORTH ORCHARD PLAZA, L.L.C.,
a Michigan limited liability company
By:
Its:
"Purchaser"
2
HE FORE(iOr'
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on. County Executive
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Date
Resolution #01324 December 13, 2001
Moved by Taub supported by Palmer the resolutions on the Consent
Agenda, as amended, be adopted (with accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster,
Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the
Consent Agenda, as amended, were adopted (with accompanying reports being
accepted).
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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 13, 2001 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 13th dayoulbf December, 2001.
William Caddell, County Clerk