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HomeMy WebLinkAboutResolutions - 2002.07.18 - 26822(FL ING AND BUIL G COMMITTEE July 18, 2002 MISCELLANEOUS RESOLUTION #02165 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING EASEMENTS TO THE DETROIT EDISON COMPANY, ADDISON OAKS COUNTY PARK, ADDISON TOWNSHIP, PART OF PARCEL NOS. 05-33-200-001 AND 05-33-100-004 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies, and Gentlemen: WHEREAS, the County of Oakland is the owner of Addison Oaks County Park located in Addison Township; and WHEREAS, the Oakland County Parks Commission is proceeding with its planned campground improvements at Addison Oaks County Park; and WHEREAS, the Detroit Edison Company has requested that the County of Oakland grant three (3) easements to accommodate planned improvements for new and existing campground facilities at Addison Oaks County Park; and WHEREAS, the Oakland County Parks and Recreation Commission accepted and approved the requested easements on June 12, 2002; and WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement documents for overhead and underground electric service. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the granting of three (3) easements for no compensation via the attached easement documents over part of Addison Oaks County Park, otherwise known as part of Parcel Nos. 05-33-200-001 and 05-33-100-004, to the Detroit Edison Company. 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, I move the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Garfield absent GRANT OF NON-EXCLUSIVE OVERHEAD EASEMENT IN GROSS Detroit Edison Company (Right of Way No. 375399A) THIS EASEMENT IN GROSS is granted this day of 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 Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable consideration receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, the right to construct, operate, maintain, repair and/or replace overhead utility line facilities and related appurtenances, and to provide the Grantee with access to the property described herein for the limited purpose of maintaining said overhead utility line facilities and related appurtenances: 1. Parcel Number: 05-33-200-001. 2. Grantor's Land is in the Township of Addison, Oakland County, Michigan described as: The Northeast of Section 33, T5N, R11E, also known as part of Addison Oaks County Park. 3. Purpose: The purpose of this grant is to provide the Grantee with a non-perpetual, non- assignable, non-exclusive easement in gross to permit construction, installation, operation, maintenance, replacement and removal of overhead utility line facilities and related appurtenances, consisting of poles, guys, anchors, wires, cables, transformers and accessories 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 said overhead utility line facilities and related appurtenances. Under no circumstances can the easement be used for any other purpose than overhead utility line facilities. 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 so as not to interfere with grantor's scheduled recreational activities on the property except in an emergency situation. 4. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide non- perpetual, non-assignable, non-exclusive easement in gross for the construction, operation, maintenance, replacement and removal of said overhead utility line facilities and related appurtenances, as shown on the attached Exhibit A. 4a. Trees, bushes, branches, roots, structures and fences: Grantee may trim, cut down, remove or otherwise control any trees, bushes, branches and roots in the easement area (or that could grow into the easement area) and remove structures and fences in the easement area that Grantee believes could interfere with the safe and reliable construction, operation and maintenance of Grantee's facilities. 5. Interest in Realty: This Grant and Conveyance of an easement in gross 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 not run with any parcel of land, and shall only extend to the use of said easement in gross for overhead utility line facilities. In the event that Grantee, its heirs, representatives, successors and assigns (hereinafter Grantee) shall no longer require the use of said easement in gross for the purposes described herein, said easement shall be considered abandoned, and the easement in gross 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. Upon the request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no Release of Easement in Gross 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 in Gross which shall act in place of the Release of Easement in Gross, required of the Grantee. If the easement in gross is abandoned, terminated or extinguished, then upon the request of Grantor, the Grantee shall remove any structures in the easement in gross as requested by Grantor, and restore the easement in gross to the condition it was in prior to the removal. 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 in gross or the construction, installation, operation, maintenance, replacement or removal of the overhead utility line facility, shall be the sole responsibility of the Grantee. 6. Restoration of Property: Any portion of Grantor's property, which is damaged by Grantee's exercise of the easement in gross granted herein, shall be restored to its original condition by Grantee. 7. Indemnification: To the extent permitted by law, 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 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 error, mistake, negligence, or intentional actions or omissions by the Grantee or any of the Grantees elected officials, officers, employees or agents, relating to the construction, installation, operation, maintenance, replacement or removal of the overhead utility line facilities and related appurtenances as described herein. 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 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 Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works Dr., Waterford, Michigan, 48328. Return to: Betty J. Dean, Detroit Edison Company, 1100 Clark Road, Lapeer, Mi. 48446. Mdh6/13/02 640 ; .1 if .1 ATTACHMENT "A " AGREEMENT # 1-13.2 Kv) AREA NE 1/4 CORN R SEC •33 T5N, RIIE ADD I SON -11,4P A 12 ' EASEMENT FOR UNDERGROUND ELECTRIC DISTRIBITION FACILITIES 0 MODERN CAMPING LOOP B IN PF H9434-4 167 KVA 7.6KV_240/120V .1 .1 MODERN CAMPING LOOP A CF M4411 IN PF H9434 -5 167 KVA 7 rut, nAn11,"11 *I IN PF H9434 -3 167 ' 7.6KV_240/120V I ' ?CO'i !1601 EXIST ING_UND.E_Rp_RO__UN.D_LIN.E_S.,--;,..... 1__________ / IN SCC 1 / SCC KVA '''....z., / 8.3/14.4KV \ , 1 GROUP CAM7 xo' i LOOP q ' IN 30' 4IN_PVC I 1 BY CUSTOMER PF 1-19435-1 1 7.6KV_240/120V KVA 7.6KV_240/120V IN 30 ' 4IN_PVC X 1 BY CUSTOMER GROUP C LOOP IN PF H9415-6 167 KVA IN PF H9434-I 167 KVA 7,6KV_240/120V - I i .1 OTHER_CON IT IN #2AL CUSTOMER 30 ' 4IN_P C 155'\ GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS Detroit Edison Company (Right of Way No. 375399B) THIS EASEMENT IN GROSS is granted this day of 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 Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable consideration receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, the right to construct, operate, maintain, repair and/or replace underground utility line facilities and related appurtenances, and to provide the Grantee with access to the property described herein for the limited purpose of maintaining said underground utility line facilities and related appurtenances: 1. Parcel Number: 05-33-200-001. 2. Grantor's Land is in the Township of Addison, Oakland County, Michigan described as: The Northeast 1/4 of Section 33, T5N, R11E, also known as part of Addison Oaks County Park. 3. Purpose: The purpose of this grant is to provide the Grantee with a non-perpetual, non- assignable, non-exclusive easement in gross to permit construction, installation, operation, maintenance, replacement and removal of underground utility line facilities and related appurtenances, consisting of poles, guys, anchors, wires, cables, transformers and accessories 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 said underground utility line facilities and related appurtenances. Under no circumstances can the easement be used for any other purpose than underground utility line facilities. 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 so as not to interfere with grantor's scheduled recreational activities on the property except in an emergency situation. 4. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide non- perpetual, non-assignable, non-exclusive easement in gross for the construction, operation, maintenance, replacement and removal of said underground utility line facilities and related appurtenances, as shown on the attached Exhibit A. 4a. Trees, bushes, branches, roots, structures and fences: Grantee may trim, cut down, remove or otherwise control any trees, bushes, branches and roots in the easement area (or that could grow into the easement area) and remove structures and fences in the easement area that Grantee believes could interfere with the safe and reliable construction, operation and maintenance of Grantee's facilities. No trees, plant life, structures and fences can be planted, grown or installed within 8-feet of the front door and within 2-feet of the other sides of transformers and switching cabinet enclosures. Grantee will not be responsible to Grantor for damages to or removal of trees, plant life, structures and fences placed in front of transformer doors. 5. Interest in Realty: This Grant and Conveyance of an easement in gross 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 not run with any parcel of land, and shall only extend to the use of said easement in gross for underground utility line facilities. In the event that Grantee, its heirs, representatives, successors and assigns (hereinafter Grantee) shall no longer require the use of said easement in gross for the purposes described herein, said easement shall be considered abandoned, and the easement in gross 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. Upon the request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no Release of Easement in Gross 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 in Gross which shall act in place of the Release of Easement in Gross, required of the Grantee. If the easement in gross is abandoned, terminated or extinguished, then upon the request of Grantor, the Grantee shall remove any structures in the easement in gross as requested by Grantor, and restore the easement in gross to the condition it was in prior to the removal. 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 in gross or the construction, installation, operation, maintenance, replacement or removal of the underground utility line facility, shall be the sole responsibility of the Grantee. 6. Restoration of Property: Any portion of Grantor's property, which is damaged by Grantee's exercise of the easement in gross granted herein, shall be restored to its original condition by Grantee. 7. Indemnification: To the extent permitted by law, 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 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 error, mistake, negligence, or intentional actions or omissions by the Grantee or any of the Grantees elected officials, officers, employees or agents, relating to the construction, installation, operation, maintenance, replacement or removal of the underground utility line facilities and related appurtenances as described herein. 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 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 Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works Dr., Waterford, Michigan, 48328. Return to: Betty J. Dean, Detroit Edison Company, 1100 Clark Road, Lapeer, Mi. 48446. Mdh6/13/02 EXHIBIT REPORT OF R/W FACILITATOR. R/W SECURED AS INDICATED ON THIS SKETCH. (-13.2 10% AREA BY DATE DATE WANTED FACILITATOR PERMITS TO , RECORD CENTER R/W FILES TELEPHONE ORIGINATOR _------- AHNK-.., NE 1/4 CORNER SEC 33 T5N, R1 k:T ADD I SON TWP IN 2 COND NEW FACILITIES ADDISON OAKS COUNTY PARK IN POLE/ANCHOR RM 2 CONDUCTORS RM POLE ALL DIMENSIONS ARE APPROXIMATE 1 10 ' IN POLE/ANC HOR \ GATE cs) (\I AIN ENTRAN E _ ROMEO RD )) --„, GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS Detroit Edison Company (Right of Way No. 375399C) THIS EASEMENT IN GROSS is granted this day of 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 Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable consideration receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, the right to construct, operate, maintain, repair and/or replace underground utility line facilities and related appurtenances, and to provide the Grantee with access to the property described herein for the limited purpose of maintaining said underground utility line facilities and related appurtenances: 1. Parcel Number: 05-33-100-004. 2. Grantor's Land is in the Township of Addison, Oakland County, Michigan described as: The Southeast 1/4 of Section 33, T5N, R11E, also known as part of Addison Oaks County Park. 3. Purpose: The purpose of this grant is to provide the Grantee with a non-perpetual, non- assignable, non-exclusive easement in gross to permit construction, installation, operation, maintenance, replacement and removal of underground utility line facilities and related appurtenances, consisting of poles, guys, anchors, wires, cables, transformers and accessories 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 said underground utility line facilities and related appurtenances. Under no circumstances can the easement be used for any other purpose than underground utility line facilities. 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 so as not to interfere with grantor's scheduled recreational activities on the property except in an emergency situation. 4. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide non- perpetual, non-assignable, non-exclusive easement in gross for the construction, operation, maintenance, replacement and removal of said underground utility line facilities and related appurtenances, as shown on the attached Exhibit A. 4a. Trees, bushes, branches, roots, structures and fences: Grantee may trim, cut down, remove or otherwise control any trees, bushes, branches and roots in the easement area (or that could grow into the easement area) and remove structures and fences in the easement area that Grantee believes could interfere with the safe and reliable construction, operation and maintenance of Grantee's facilities. No trees, plant life, structures and fences can be planted, grown or installed within 8-feet of the front door and within 2-feet of the other sides of transformers and switching cabinet enclosures. Grantee will not be responsible to Grantor for damages to or removal of trees, plant life, structures and fences placed in front of transformer doors. 5. Interest in Realty: This Grant and Conveyance of an easement in gross 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 not run with any parcel of land, and shall only extend to the use of said easement in gross for underground utility line facilities. In the event that Grantee, its heirs, representatives, successors and assigns (hereinafter Grantee) shall no longer require the use of said easement in gross for the purposes described herein, said easement shall be considered abandoned, and the easement in gross 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. Upon the request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no Release of Easement in Gross 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 in Gross which shall act in place of the Release of Easement in Gross, required of the Grantee. If the easement in gross is abandoned, terminated or extinguished, then upon the request of Grantor, the Grantee shall remove any structures in the easement in gross as requested by Grantor, and restore the easement in gross to the condition it was in prior to the removal. 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 in gross or the construction, installation, operation, maintenance, replacement or removal of the underground utility line facility, shall be the sole responsibility of the Grantee. 6. Restoration of Property: Any portion of Grantor's property, which is damaged by Grantee's exercise of the easement in gross granted herein, shall be restored to its original condition by Grantee. 7. Indemnification: To the extent permitted by law, 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 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 error, mistake, negligence, or intentional actions or omissions by the Grantee or any of the Grantees elected officials, officers, employees or agents, relating to the construction, installation, operation, maintenance, replacement or removal of the underground utility line facilities and related appurtenances as described herein. 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 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 Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works Dr., Waterford, Michigan, 48328. Return to: Betty J. Dean, Detroit Edison Company, 1100 Clark Road, Lapeer, Mi. 48446. Mdh6/13/02 EXHIBIT "Ap /REPORT OF R/W FACILITATOR. R/W SECURED AS INDICATED PERMITS TO n N ,.‘ V-1-- ON THIS SKETCH. % vA RECORD CENTER \ 0/ I RETAG % -A CF H-16-1 BY R/W FILES DATE PF H-9400-1 TELEPHONE DATE WANTED ORIGINATOR \CI TOTAL ' 50 FACILITATOR TOTAL i ________,,,,<-- BUILDING n ,-- BORE UNDER (.. n S IDEWALK TO n TRANSFORMER n n i_ n TREES ( ,.., PARK I NG 3,s _____, r•t.c LOT t------ CENTERLINE OF A 12' EASEMENT FOR UNDERGROUND ELECTRIC ---s.- ri DISTRIBUTION FACILITIES is ri .......„ IN #2AL 140' n •\.___,,...) nri A ENTRANCE --TRANCE OPEN CUT ROAD MP'114 CSC x IN PF H9400-2 25 KVA SE 1/4 COR NG 7.6KV_210/120V SEC 33 __. i + T5N, RUE < in cn ADD I SON TWP v•I K __, OMO 5' 1884.- $ 312891-478489 RFW Deaor I pt I on PD SRW PH PLC ICon3. RFW Nunber 1484 W ROMEO RD — ADDISON OAKS COUNTY PARK 59 61 0 0 Circuit #1 0 0 0 .roupE 37539 , c DC 8840 BREWR Circuit #2 . Service Center#1 C Service Center#2 Imlay ity Lapeer COH COS CUG CUL CUT (11J5S 71 0 lo Workatte City Workalte Twp. Worksite County ADDISON Town Range Sect Otr Planner Name Commit Date Scale Plot Date KItching,Jack K 3/27/2002 1" = 100' 3/27/2002 Resolution #02165 July 18, 2002 Moved by Dingeldey supported by Webster the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). 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 July 18, 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 18th day of July, 2002.