HomeMy WebLinkAboutResolutions - 2002.11.21 - 26947November 21, 2002
MISCELLANEOUS RESOLUTION # 02276
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — RECOMMENDATION TO GRANT AN
EASEMENT FOR GAS PIPELINE TO CONSUMERS ENERGY COMPANY FOR NATURAL GAS
SERVICE TO THE OAKLAND COUNTY WORK RELEASE FACILITY, LOCATED IN THE CITY OF
PONTIAC (TAX PARCEL NOS. 14-19-301-003 AND 14-19-351-009 PART)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is in the process of constructing a new Work Release Facility
building on the Oakland County Service Center Campus south of the Oakland County Jail; and
WHEREAS access to natural gas service is not presently available at the Work Release Facility site;
and
WHEREAS at the request of the Department of Facilities Management, Consumers Energy
Company has agreed to extend its gas pipeline facilities to the project site. A condition of providing gas
service to the site is that the County of Oakland grant an easement for a gas pipeline and related
appurtenances over a portion of the south Service Center Campus; and
WHEREAS the Department of Facilities Management and the Consumers Energy Company have
agreed upon a route for the said gas pipeline that is appropriate to serve the Work Release Facility building
and would accommodate future expansion of the south Service Center Campus; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and approves the granting of the attached easement for gas pipeline and related appurtenances
to the Consumers Energy Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or designee to execute the attached easement for gas pipeline.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Garfield, Webster and Gregory absent
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
FOR GAS PIPELINE
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
Consumers Energy Company, a Michigan Corporation, whose address is 212 West Michigan
Avenue, Jackson, Michigan 49201 (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) 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 ten foot wide easement in gross and the right
to enter onto Grantor's land to construct, operate, inspect, maintain, improve, enlarge, repair
and/or replace an underground gas pipeline and related appurtenances.
1. Grantor's Land is in the City of Pontiac, Oakland County, Michigan described as:
See attached Exhibit A. Parcel Numbers: 14-19-301 -003 and 14-19-351 -009 (part). The
easement in gross shall be a ten foot wide strip of land across Grantor's land, located as
described in attached Exhibit B showing the location of the easement strip.
2. Purpose: The purpose of this easement in gross is to permit construction, installation,
operation, maintenance, inspection, improvement, enlargement, replacement, repair and
removal of an underground gas pipeline and related appurtenances, consisting of
pipeline with valves, connections and accessories for transmitting and distributing gas
("the gas pipeline") and to provide the Grantee with access to the burdened property
described herein for the limited purpose of constructing, installing, operating, maintaining,
inspecting, improving, enlarging, replacing or removing the gas pipeline. Under no
circumstances can the easement be used for any other purpose than the gas pipeline.
3. Grant of Easement in Gross: The easement granted is a non-exclusive ten foot wide
easement in gross for the construction, operation, maintenance, inspection,
improvement, enlargement, replacement, repair and removal of the gas pipeline.
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) that Grantee believes could interfere
with the safe and reliable construction, operation and maintenance of Grantee's facilities.
4. 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 the
gas pipeline. 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,
improvement, enlargement, replacement or removal of the pipeline, shall be the sole
responsibility of the Grantee.
5. Any damage or claim of damage caused by the Grantee (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 of the construction, installation,
operation, maintenance, improvement, enlargement, replace or removal of the gas
pipeline shall be the sole responsibility of the Grantee.
6. Restoration of Property: Grantee will backfill and bring to grade the trench in which the
gas pipeline is placed. Grantor will be responsible for any other clean up, and restoration
of the surface of the easement.
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 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,
negligent actions or omissions by the Grantee or any of the Grantees officers, employees
or agents, relating to the construction, installation, operation, maintenance, replacement
or removal of the gas pipeline 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: Sid Long, Consumers Energy Company, 307 East Packard Highway Charlotte, Mi.
48813.
Mdh10/25/02
NATEMPFILE\1number\2002\2002-0600 thru 2002-0699\2002-0632 Consumers Power Easement-Work Release Bldg Project\Oakland County
Final.doc
EXHIBIT "A"
LEGAL DESCRIPTION PARCEL NO. 14-19-301-003
A parcel of land situated in the Southwest quarter (1/4) of Section 19, City of Pontiac, Oakland
County, Michigan, described as: Beginning at the Northwest corner of Assessor's Plat No. 1 as
recorded in liber 1 of Assessor's Plats on page 1 of the Oakland County records; said corner
being N85° 47' 50" E 25.00 feet from the West quarter (1/4) corner of Section 19; thence N85°
47' 50" E 958.6 feet along the North subdivision line of Assessor's Plat No. 1; thence N85° 07'
10" E 748.50 feet to the point on the westerly right-of-way line of the Grand Trunk Railroad;
thence along said right-of-way line S45° 48' 50" E985.25 feet; thence along a curve to the right
an arc distance of 213.02 feet, whose radius is 573.14 feet, whose central angle is 21° 17' 44"
and whose long chord bears S23° 51', 50" E 211.80 feet; thence N81° 51' 50" W 1531.50 feet to
a point on the East subdivision line of Assessor's Plat No. 1; thence along the said East
subdivision line S2° 09' 50" E 755.00 feet; thence N88° 42' 50" W 565.22 feet to the point on the
East line of Henry Street, as platted in Assessor's Plat No. 1; thence 52° 09' 50" E 595.8 feet
along the East line of Henry Street; thence S17° 42' 50" W 148.35 feet along the East line of
Henry Street to a point on the South subdivision line of Assessor's Plat No. 1; thence N56° 04'
50" W 425.55 feet along the said South subdivision line; thence N2° 11' 50" W 1771.90 feet
along the West line of Assessor's Plat No. 1.
The above description covers lots 1 to 45, inclusive, part of lot 55, lots 56 to 85, inclusive, part of
lot 86, part of lot 111 and all of lots 112 to 126, inclusive; also all of "K" Street, all of Henry Street
and part of LeRoy Street, as recorded in "Assessor's Plat No. 1" of the City of Pontiac, also part
of Lot 2 of "Assessor's Plat No. 2" of the City of Pontiac, excluding that part taken for the
widening of Telegraph Road, containing 54.39 acres.
LEGAL DESCRIPTION OF PART OF PARCEL NO. 14-19-351-009
A parcel of land in the South half (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 NOO° 21' 43" W 515.52 feet; thence N53° 57' 23" W 235.84 feet;
thence N19° 42' 32" E 148.57 feet; thence NOO° 08' 53" W 595.36 feet; thence S86° 45' 21 E
564.66 feet; thence NOO° 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 SOO° 02' 55" E 318.55 feet;
thence N89°16' 27" W 1450.00 feet, to the point of beginning, containing 87.93 ACRES.
EXHIBIT "B"
LEGAL DESCRIPTION OF 10-FT. WIDE EASEMENT FOR GAS PIPELINE
A 10-ft. wide easement for underground gas pipeline, the centerline of which is described as:
Commencing at the Southwest 1/4 of Section 19, T3N, R10E, City of Pontiac, Oakland County,
Michigan; thence N00°03'53"W, 850.26-ft., along the West line of said section 19; thence
N89°56'07"E, 75.00-ft. to the Easterly right of way line of Telegraph Road, to the Point of
Beginning; thence N89°56'-07E, 37-ft., thence NO3°30'00"E, 151.00-ft., thence N37°00'00"E,
580.00-ft., thence N16°40'00"E, 317.00-ft., thence N24°00'00"E, 212.00-ft., thence
N86°16'26"E, 644.5-ft., thence N09°57'00"E, 329.8-ft., thence N66°00'00"E, 29.5-ft. to the point
of ending of said centerline description.
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FISCAL NOTE (MISC. #02276) November 21, 2002
BY: FINANCE'COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT AN
EASEMENT FOR GAS PIPELINE TO CONSUMERS ENERGY COMPANY FOR NATURAL GAS
SERVICE TO THE OAKLAND COUNTY WORK RELEASE FACILITY, LOCATED IN THE
CITY OF PONTIAC (TAX PARCELS NOS. 14-19-301-003- AND 14-19-351-009
PART)
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 authorizes and approves the granting of an
easement for gas pipeline and related appurtenances to the
Consumers Energy Company for the sum of one (1) dollar.
2. The easement will provide access for natural gas service to
the Oakland County Work Release Facility.
3. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Obrecht, Taub and
Friedman Appel absent.
I HEREBY
L. Brooke eitti)rson, Cntinty Executive Date
FOREGOING RESof
G. William Caddell, County Clerk
-4-
Resolution #02276 November 21, 2002
Moved by Webster supported by Suarez the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Appel, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway,
Garfield, Gregory, Law, McPherson, Melton, Middleton, 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, 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
November 21, 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 th County of Oakland at
Pontiac, Michigan this 21st day of November, 2002.