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HomeMy WebLinkAboutResolutions - 2002.08.22 - 26708,ANNING AND DING COMMITTEE August 8, 2002 MISCELLANEOUS RESOLUTION #02182 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANT OF STORM SEWER EASEMENT TO NORTH ORCHARD PLAZA, LLC, GLEN OAKS COUNTY PARK, CITY OF FARMINGTON HILLS, PART OF PARCEL NO. 23-02-177-034 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies, and Gentlemen: WHEREAS, the County of Oakland is the owner of Glen Oaks County Park located in the City of Farmington Hills; and WHEREAS, North Oakland Plaza, LLC has requested that the County of Oakland grant a 20-foot wide by 59-foot long permanent easement for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park; and WHEREAS, North Orchard Plaza, LLC and County staff have agreed upon compensation for granting the proposed easement in the amount of $10,000. As a further condition of granting the easement, North Orchard Plaza has agreed to install, at its expense, a 14-foot by 10-foot asphalt paved approach to the existing park service gate located at the northeast corner of the park property. WHEREAS, the Oakland County Parks and Recreation Commission accepted and approved the requested easement on June 12, 2002; and WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement document for storm sewer. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the granting of the attached permanent easement for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby designates that the compensation received for granting the subject easement in the amount of $10,000 be paid to the Oakland County Parks and Recreation Department and designated for the improvement of Glen Oaks County Park. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or its designee to execute the necessary documents Chairperson, on behalf of the Planning and Building Committee the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Brian, Garfield and Gregory absent Resolution #02182 August 8, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. GRANT OF STORM SEWER EASEMENT THIS EASEMENT is granted this day of August, 2002 by the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as "Grantor") to the North Orchard Plaza, L.L.C. a Michigan Limited Liability Company, whose address is C/O Grand/Sakwa Properties, L.L.C., 28470 Thirteen Mile Road, Suite 220, Farmington Hills, Michigan 48344 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of Ten Thousand Dollars ($10,000.00), receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein inclusive of Attachment A, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept a non-exclusive easement, together with the right to construct, operate, maintain, repair and/or replace a 48 inch storm sewer line and related appurtenances. Further, Grantor agrees to provide to Grantee access to the property described herein for the purposes hereinafter stated: 1. Grantor's Parcel Number and legal description: 23-02-177-034. Lots 28,29 and 30, Glen Acres Subdivision, as recorded in Liber 57, Page 13 of Plats, Oakland County Records. Also known as part of Glen Oaks County Park. 2. Grantee's Parcel Number and legal description: Parcel A , LOTS 13 THROUGH 20, BOTH INCLUSIVE, LOTS 31 THROUGH 34, BOTH INCLUSIVE, LOTS 45, 46, 53, 54, 72, 73 AND 74, ALSO LOTS 57 THROUGH 69, BOTH INCLUSIVE, ALSO A PORTION OF NON-VACATED CLAIRVIEW DRIVE (60 FEET WIDE) OF "GLEN ACRES", A SUBDIVISION OF PART OF THE E. OF THE N.W. % OF SECTION 2, T. 1 N., R. 9 E., CITY OF FARMINGTON HILLS, OAKLAND COUNTY, MICHIGAN, AS RECORDED IN LIBER 57, PAGE 13, OAKLAND COUNTY RECORDS. ALSO LOTS 83 THROUGH 111, BOTH INCLUSIVE, ALSO NON-VACATED CLAIRVIEW COURT (60 FEET WIDE) OF "GLEN ACRES NO. 2", BEING A SUBDIVISION OF PART OF THE N.W. 1/4 OF SECTION 2, T. 1 N., R. 9 E., CITY OF FARMINGTON HILLS, OAKLAND COUNTY, MICHIGAN AS RECORDED IN LIBER 103. PAGE 3, OAKLAND COUNTY RECORDS; BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF; AND Parcel Numbers as to Parcel A {W0134513 DOC 4} 07/18/02 Parcel Number 23-02-177-012 013 014 015 045 046 018 019 044 043 042 041 040 039 23-02-176-009 008 045 044 004 005 006 007 033 032 025 024 023 022 021 020 019 018 017 016 015 014 001 Lot Number 13 14 15 16 17 18 19 20 31 Part lots 31 and 32 Part lot 32 Part lot 33 Part lots 33 and 34 Part lot 34 45 46 53 54 72 Part lot 73 Part lot 73 74 57 58 59 Part lot 60 Part lots 61 and 60 Part lots 62 and 61 Part lot 62 Part lot 63 Parts 63 and 64 Part lot 64 65 66 67 63 69 Parcel B - LOTS 9, 10 AND 11 OF "GLEN ACRES THE N.W. OF SECTION 2, T. 1 N., R. 9 E. COUNTY, MICHIGAN, AS RECORDED IN L1BER BEING MORE PARTICULARLY DESCRIBED ON A SUBDIVISION OF PART OF THE E 1/2 OF , CITY OF FARMINGTON HILLS, OAKLAND 57 PAGE 13 OAKLAND COUNTY RECORDS, EXHIBIT A Parcel Numbers as to Parcel B 23-02-177-008 9 (W0134513 000;4) 07/16/02 009 10 010 11 3. Purpose: The purpose of this grant is to provide the Grantee with a non-exclusive easement to permit construction, installation, operation, maintenance, replacement and removal of a 48 inch storm sewer line and related appurtenances, and to provide the Grantee with access to the burdened property described herein for the limited purpose of constructing, installing, operating, maintaining, replacing or removal of the storm sewer line and related appurtenances. Under no circumstances can the easement be used for any other purpose other than a 48-inch storm sewer line. The Grantee shall provide the Oakland County Parks and Recreation Commission reasonable notice of its intent to enter the property for the purposes stated above. Grantee agrees that any such entry and activities of Grantee shall be conducted in such a manner so as not to unreasonably interfere with Grantor's activities, including recreational activities, on the property. 4. Grant of Easement: Grantor hereby grants and conveys to Grantee a non-exclusive 20-ft. wide easement for the construction, operation, maintenance, replacement and removal of said storm sewer line and related appurtenances, as described on attached Exhibit C and subject to Attachment A. 5. Interest in Realty: This Grant and Conveyance of an easement shall be binding upon and inure to the benefit of the Grantor and Grantee, their, representatives, successors and assigns, and the covenants and grants contained herein shall run with the land. In the event that Grantee, its heirs, representatives, successors and assigns (hereinafter Grantee) shall no longer utilize said easement for the purposes described herein and discontinue use of same for a period of ninety (90) consecutive days, said easement may be considered abandoned by Grantor, provided Grantor notifies Grantee in writing of such determination and Grantee acknowledges such abandonment or fails to respond to Grantor's notice within sixty (60) days after receipt thereof. In such event, the easement shall terminate and be extinguished, and the land shall revert back to Grantor, its heirs, representatives, successors or assigns (hereinafter Grantor), with no interest remaining in Grantee. Further. in the event the easement is deemed abandoned, and upon the request of Grantor, the Grantee shall provide to Grantee a Release of Easement. If no Release of Easement is provided to the Grantor within a reasonable period of time, the Grantor may file with the Oakland County Register of Deeds an Abandonment of Easement, which shall act in place of the Release of Easement required of the Grantee. If the easement is abandoned, terminated, or extinguished then Grantee will properly cap and secure any storm sewer line installed within the easement by Grantee. Any damage or claim of damage (including but not limited to environmental damage), to persons or property, including property of the Grantor, resulting from the use of the easement or the construction, installation, operation, maintenance, replacement or removal of the 48 inch storm sewer line, shall be the sole responsibility of the Grantee, unless said damage was caused in part by the gross negligence of Grantor, its employees or agents, in which case each party may be liable as determined by adjudication or otherwise, 6. Restoration of Property: Any portion of Grantor's property, which is damaged by Grantee's exercise of the easement granted herein shall be restored in accordance with Attachment A by Grantee. 7. Indemnification: Grantee hereby agrees to indemnify and hold harmless the County of Oakland, its elected officials, officers, employees and/or agents from and against any and all claims which (VV01 3451 3 DOC,4) 07116/C2 are imposed upon, incurred by. or asserted against the County and/or any County elected official. officer, employee, and/or agent, which are based upon, results from, or arises from, or are in any way related to an alleged negligence or intentional actions or omissions by the Grantee or any of the Grantee's officers, employees or agents, relating to the construction, installation, operation, maintenance, replacement or removal of the storm sewer line and related appurtenances as described herein and are not attributable in part to the gross negligence of Grantor, its employees or agents. If it is determined that both parties share responsibility for damages under the theories stated above, they may each be liable as determined by adjudication or otherwise. Grantor: County of Oakland. a Michigan Constitutional Corporation BY Thomas A. Law, Chairperson STATE OF MICHIGAN )SS COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this day of August, 2002, by Thomas A. Law, Chairperson, of County of Oakland, a Michigan Constitutional Corporation, 1200 N. Telegraph Road. Pontiac, Michigan 48341, Michael D. Hughson, Notary Public Oakland County, Michigan My Commission expires: 5/5/2004 Grantee: NORTH ORCHARD PLAZA, L.L.C.,a Michigan Limited Liability Company BY: Gary Sakwa. Authorized Representative STATE OF MICHIGAN }SS COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this day of August, 2002, by Gary Sakwa, Authorized Representative of North Orchard Plaza, L.L.C. a Michigan Limited Liability Company, on behalf of said company. , Notary Public Oakland County, Michigan My Commission expires: p0134513.DOC:4) 07/16102 10-ft. by 59-ft. Easement :Glen Oaks County Park ATTACHMENT "A" Grant of Storm Sewer Easement to North Orchard Plaza, LLC Glen Oaks County Park Part of Parcel 23-02-177-034 1. All unimproved areas of the subject property excavated or disturbed during storm sewer installation operations shall be restored with grass seed and mulch and properly watered for a sufficient period to facilitate growth by the Grantee or its contractor. 2. In addition to the consideration referred to on page one of this document the Grantee or its contractor further agrees to install, at Grantee's sole expense, a 14-ft. X 10-ft asphalt paved apron at the Grantor's gated entrance which is designated on Exhibit C. Said paving shall be installed in accordance with the same standards utilized by Grantee in installing parking areas on its adjacent parcel. 3. Any portion of the existing chain link fence inclusive of gates located on Grantor's property, which may be removed or damaged during storm sewer construction operations. shall be properly restored by the Grantee or its contractor. {W0134513 DOC,4) 07115102 z DRAM IT MAO DENCNICO RA rt.] luit H 5-10--02 SCALE': 1"=.80' Cu Fti cp Li C/5 oo CI1Y OF FARMINGTON 11111.5 IICEOLVTIIZOLIII ASSOCIAlES CIVIL ENGINEERS & LAND SURVEYORS 28450 FRANKUN ROAD SOUTHFIELD, MICHIGAN 48034 (248) 352-8950 20' WIDE STORM EASMENT MICHIGAN NOR MN IT NOD NOM NO. MW tIC Ofra9 1 67.18 N88"31 58"W 20' WIDE ,f( EASEMENT--/I I 59.02 FOR STORM I SO1'28'02"W SEWER. ------ P.O.E. - I 31 I I PAVED . / AREA EX. 14 NO. GATE .0.B. s .0.B. N8831'58"W Exhibit "C" LEGAL DESCRIPTION 20' WIDE EASEMENT FOR STORM SEWER A TWENTY FOOT WIDE EASEMNET FOR STORM SEWER DESCRIBED AS: COMMENCING AT TliE NORTH 1/4 CORNER OF SECTION 2, T. 1 N., R. 9 E., CITY OF FARMINGTON HILLS, OAKLAND COUNTY MICHIGAN AND PROCEEDING S. 01'24'50" W. 2193.32 FEET ALONG THE NORTH AND SOUTH 1/4 UNE OF SAID SECTION 2, SAID LINE ALSO BEING IN PART THE EAST UNE OF *GLEN ACRES" SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 31 OF SAID SUBDIVISION AND ALONG THE SOUTH LINE OF SAID LOT 31 N. 88'31'58" W. 67.18 FEET TO THE POINT OF BEGINING. TFIENCE S. 0128'02" W. 59.02' TO THE POINT OF ENDING AT THE CENTERLINE OF THE PEBBLE CREEK DRAIN. Parcel No. 23-02-177-034 (Part) N. 1/4 CORNER OF SECTION 2 T. 1 N., R. 9 E., FARMINGTON HILLS MAIdd2 proj\ 01109 Wwg \ Easements 1 01109STORM-EASM.dwg, 05/15/02 08:19:17 AM, 87 302.42' S88'50'51"E 34 1_ 1 -0 —1 Lil LLI i_ 3 C;\>- 1 > E I L < 0 —1 _ \-\` ° § .._.., e,c) oN I Lij ()S. ` 4: ' 32 5- ---1 CP- -.(- I d h OAKLAND-. COUNTY PARKS & RECREATION 30500 THIRTEEN MILE ROAD FARMINGTON HILLS 48334-2212 REVISIONS 0( • ITEM DATE BY FISCAL NOTE (#02182) August 22, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: APPROVAL OF GRANT OF STORM SEWER EASEMENT TO NORTH ORCHARD PLAZA, LLC, GLEN OAKS COUNTY PARK, CITY OF FARMINGTON HILLS, PART OF PARCEL NO. 23-02-177-034 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 accepts and approves the granting of a permanent easement to North Orchard Plaza, LLC for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park. 2. Compensation in the amount of $10,000 for the granting of the easement will be paid to the Oakland County Parks and Recreation Department, designated for the improvement of Glen Oaks County Park, and will be receipted in the Parks and Recreation Fund. 3. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE oze a,& FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. Resolution #02182 August 22, 2002 Moved by Crawford supported by Palmer the resolutions on the Consent Agenda, be adopted. AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Douglas, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. 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 August 22, 2002, 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 22nd day of August, 2002.