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Home My WebLink AboutResolutions - 2002.03.27 - 26887Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Middleton and Gregory absent MISCELLANEOUS RESOLUTION #02072 March 28, 2002 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: ACCEPTANCE OF PERMANENT EASEMENT FOR INGRESS / EGRESS - INDEPENDENCE OAKS COUNTY PARK, INDEPENDENCE TOWNSHIP TO: OAKLAND COUNTY BOARD OF COMMISSIONERS CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the Oakland County Parks and Recreation Commission has been awarded a grant from the State of Michigan Department of Natural Resources Land Trust Fund for partial funding of an organizational youth camp ground at Independence Oaks County Park; and WHEREAS, the Oakland County Parks and Recreation Commission is proceeding with construction of said organizational youth camp ground at Independence Oaks County Park; and WHEREAS, there is no existing road within Independence Oaks County Park to gain access to the proposed camp ground construction site; and WHEREAS, the New Hope Bible Church, whose address is 8643 Sashabaw Road, Clarkston, Michigan 48348, has agreed to grant a 15-foot wide permanent easement to the County of Oakland over the southerly portion of its property for ingress and egress purposes to the camp ground construction site; and WHEREAS, in return for granting the said easement, the Oakland County Parks and Recreation Commission has agreed to provide certain services and landscape materials to the New Hope Bible Church in lieu of compensation for granting the easement; and WHEREAS, the Oakland County Parks and Recreation Commission accepted and approved the attached easement on March 13, 2002. WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed the proposed easement agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the easement agreement as attached hereto. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its chairperson or its designee to execute the necessary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE EASEMENT Know all men by these presents that the New Hope Bible Church, a Michigan Ecclesiastical Corporation (Grantor), whose address is 8643 Sashabaw Road, Clarkston, Michigan 48348 for the Sum of $1.00 Dollar hereby grants to the County of Oakland (Grantee), a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 a permanent easement for the purpose of ingress and egress over and across the following described premises situated in the Township of Independence, County of Oakland, State of Michigan, to-wit: Part of the Southwest 1/4 of Section 10, T4N, R9E, Independence Township, Oakland County, Michigan, being more particularly described as follows: Commencing at the South 1/4 corner of said section 10; thence N 00° 00' 24" E, a distance of 333.61ff along the North-South 1/4 line in Sashabaw Road (66-ft. wide) to a point of beginning; the S 89° 32' 48" W, a distance of 1,325.06-ft.; thence N 00° 05' 54" W, a distance of 500.00-ft., thence N 89° 36' 26" E, a distance of 630.97-ft.; thence S 00° 00' 24" W, a distance of 200.00-ft., thence N 89° 36' 26" E, a distance of 695.00-ft.; thence S 00° 00' 24" W, a distance of 298.60-ft. along the North-South 1/4 line to the point of beginning. Parcel 08-10-300-024. Description of a 15-ft. wide Permanent Easement for Ingress and Egress over and across the above described property the centerline of which is described as follows: Beginning at a point on the East property line of the above described property; said point being located north 57.00-ft. from the southeast comer of the above described property; thence west along a line that is 57.00-ft. North of and parallel to the South property line of the above described property a distance of 567.00-ft. to a point; thence southwesterly to a point said point being located 32.5-ft. North and 592.00-ft. West of the Southeast corner of the above described property; thence West along a line 32.5-ft. north of and parallel to the said South property line to a point said point being located 25.00-ft. East of the West property line; thence northwesterly to a of ending on the West property line of the above described property, said point being located 57.5-ft. North of the Southwest corner of the above described property. The Grantor hereby reserves the right to relocate the above-described easement if it deems it necessary to accommodate future development of the above-described property. Any relocation of the easement will be at a location that is mutually agreeable to the parties. The parties hereby agree to share equally in the cost to re-establish the road, driveway and/or parking area located within the easement area. The Grantee • shall be responsible for preparation and recording of any necessary documents to relocate the said easement. Upon completion of the Grantee's proposed campground construction project or prior to June 1, 2004, which ever occurs first. The Grantee shall restore the easement area and any other areas of the Grantor's property damaged as a result of Grantee's campground construction activities. The Grantee will not be responsible for future repair to the Grantor's asphalt parking lot, driveway or other areas located within the above described easement unless damage is directly attributed to Grantee's use of the easement area. This easement shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. WITNESSESS: New Hope Bible Church, a Michigan Ecclesiastical Corporation By: Gary K. Boussie, Chairman of the Board of Elders By: Stephen D. Blackstone, Secretary COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Thomas A. Law, Chairperson Oakland County Board of Commissioners Michael D. Hughson State of Michigan County of Oakland The foregoing instrument was acknowledged before me this day of , 2002 by Gary K. Boussie, Chairman Board of Elders and Stephen D. Blackstone, Secretary on behalf of said Corporation. , Notary Public Oakland County, Michigan My Commission expires: State of Michigan County of Oakland The foregoing instrument was acknowledged before me this day of , 2001, by Thomas A. Law, Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. Drafted by and when recorded return to: Michael Hughson, Property Mgt. Specialist One Public Works Drive Waterford, Mi. 48328 3/5/2002 Michael D. Hughson, Notary Public Oakland County, Michigan My Commission Expires: 5/5/2004 Proposed Organizational Youth - Campground Approximate Access Point New Hope Bible Church 0 500 Feet G. William Caddell, County Clerk Resolution #02072 March 28, 2002 Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (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 March 28, 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 28th day of March, 2002.