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HomeMy WebLinkAboutResolutions - 2002.09.05 - 27017-P,t/A1n1N -ING—AND UILDING COMMITTEE MISCELLANEOUS RESOLUTION #02201 August 22, 2002 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A SAFETY PATH EASEMENT TO THE CHARTER TOWNSHIP OF ORION, ORION OAKS COUNTY PARK, PART OF PARCEL NO. 09-17-200-003 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies, and Gentlemen: WHEREAS, the County of Oakland is the owner of Orion Oaks County Park located in Orion Township; and WHEREAS, the Charter Township of Orion is proceeding with its planned construction of a 10 foot wide safety path/sidewalk along the south side of Clarkston Road adjacent to Orion Oaks County Park; and WHEREAS, the Charter Township of Orion has requested that the County of Oakland grant a permanent easement for the construction, maintenance, operation, repair, and/or replacement of a safety path and a temporary grading permit adjacent to the north property line of Orion Oaks County Park for the sum of one dollar; and WHEREAS, County staff and the Orion Township consulting engineer have agreed upon the terms and conditions for granting the safety path easement and temporary grading permit; and WHEREAS, the Oakland County Parks and Recreation Commission accepted and approved the requested easement and temporary grading permit on July 10, 2002; and WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement document for safety path and temporary grading permit. 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/or removal of a safety path and granting of a temporary grading permit over of portion of Orion Oaks County Park to the Charter Township of Orion. 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 Comrnittee,1 move the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried on unanimous roll call vote. GRANT OF NON-EXCLUSIVE SAFTEY PATH EASEMENT IN GROSS 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 Charter Township of Orion, a Michigan Municipal Corporation, whose address is 2525 Joslyn Road, Lake Orion, Michigan 48360 (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 inclusive of Attachment B, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, the right to construct, operate, maintain, repair and/or replace a safety path/sidewalk and related appurtenances, and to provide the Grantee with access to the property described herein for the limited purpose of maintaining said safety path/sidewalk and related appurtenances: 1. Parcel Number: 09-17-200-003. Part of Orion Oaks County Park. 2. 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 a safety path/sidewalk 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 safety path/sidewalk and related appurtenances. Under no circumstances can the easement be used for any other purpose other than a safety path/sidewalk, or for the construction, installation, operation, maintenance, replacement and/or removal of same. 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. 3. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a non-perpetual non-assignable, non-exclusive easement in gross for the construction, operation, maintenance, replacement and removal of said safety path/sidewalk and related appurtenances, as described on attached Exhibit A and subject to Attachment B. 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 a safety path/sidewalk. 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 and in accordance with Attachment "B". 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 safety path/sidewalk, shall be the sole responsibility of the Grantee. 5. 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 in accordance with Attachment B by Grantee. 6. 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 sewer line 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 Grantee: Charter Township of Orion, a Michigan Constitutional Corporation By: Gerald Dywasuk, Supervisor STATE OF MICHIGAN )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2002, by Gerald Dywasuk, Supervisor, Charter Township of Orion, a Michigan Constitutional Corporation, 2525 Joslyn Road, Lake Orion, Michigan, 48360. Notary Public Oakland County, Michigan My Commission expires: Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works Dr., Waterford, Michigan, 48328. Return to: Grantee. EXHIBIT "A" Grant of Non-Perpetual, Non-Assignable, Non-Exclusive Safety Path/Sidewalk Easement in Gross to the Charter Township of Orion Orion Oaks County Park 09-17-200-003 (Part) An Easement for Safety Path/Sidewalk being situated in the NE 1/4 of Section 16, T4N, R10E, Orion Township, Oakland County, Michigan being more particularly described as follows: Commencing at the North 1/4 corner of said Section 16 and proceeding thence N 87°43'42"E 426.82-ft. and S 02°1619"E 60.00-ft. and N 87°43'42"E 189.14-ft. to the Point of Beginning: Thence N87°43'42"E 50.00-ft., thence S 01°27'27"E 10.00-ft.; thence N81°19'59"W 50.78-ft. to the point of beginning. Containing 250-sf. or .01-acres of land. ATTACHMENT "B" Grant of Non-Exclusive Safety Path/Sidewalk Easement in Gross to the Charter Township of Orion Orion Oaks County Park 09-17-200-003 1. All unimproved areas of the subject property excavated or disturbed during safety path/sidewalk installation operations shall be restored with grass seed and mulch and properly watered for a sufficient period to insure growth by the Grantee or its contractor. 2. Any portion of the existing chain link fence located on Grantor's property, which may be removed or damaged during construction operations shall be properly restored by the Grantee or its contractor. Mdh7/17/02 NATEMPFILE\1number\2002\2002-0300 thru 2002-0399\2002-0375 Orion Oaks Park-Safety Path Easement(Clarkston Road)\OrionOaksEsmtSW3.doc CHARTER TOWNSHIP OF ORION TEMPORARY GRADING PERMIT Owner: County of Oakland Date: , 2002 A Michigan Constitutional Corporation 1200 North Telegraph Road Parcel No. 09-17-200-003 Pontiac, Michigan 48341 Orion Oaks County Park In consideration of the improvement of the Clarkston Road Safety Path Project, Charter Township of Orion, Lake Orion, Michigan. In accordance with the plans and specifications as prepared by Orchard, Hiltz and Mc Climent, Inc. project no. 0121-01- 0401 on file at the Charter Township of Orion, 2525 Joslyn Road, Lake Orion, Michigan 48360. The undersigned hereby grants permission to the Charter Township of Orion for necessary grading over the Northerly 5 feet of the said parcel, this property being located in sections 16 and 17, Orion Township, Oakland County, Michigan known as part of Orion Oaks County Park as indicated on said project plans. The purpose of this grading permit is to allow the construction of the Clarkston Road Safety Path according to the plans and specifications as referenced above. This grading permit does not cause a change in property lines. Tax Parcel No: 09-17-200-003. Part of Orion Oaks County Park. TERMS AND CONDITIONS OF AGREEMENT: 1. All construction activities shall be coordinated with the Oakland County Parks and Recreation department (248-858-4620). 2. This permit grants the right to enter upon the described land for the purpose of grading, including the right to grade and/or alter the underlying lands and remove excess earth for safety path construction purposes. 3. Existing service driveway(s) located on the above property shall be properly graded back to provide a smooth approach to the owner's property. 4. If it is necessary to remove the existing 6-ft. high chain link fence, including gate(s) to accommodate the safety path construction said fence and gate(s) shall be properly restored by the Charter Township of Orion. If said fence is removed a temporary fence shall be erected so as to secure the owners property until such time as final restoration is completed. 5. All areas disturbed as a result of the safety path construction shall be properly restored. 6. All safety path construction and restoration costs shall be the responsibility of the Charter Township of Orion. 7. The work described above shall be constructed in a first-class, workmanlike manner and in accordance with the applicable State and County standards. The term of this temporary grading permit shall commence as of the date the Township's contractor commences work on the above project and shall terminate on the date that the contractor completes the above project or 6/30/2003, which ever occurs first. County of Oakland, a Michigan Constitutional Corporation Thomas A. Law, Chairman Charter Township of Orion, a Michigan Municipal Corporation Dated: , 2002 Mdh6/6/02 r2 ELIC,KNER - KNOtL WAY ce SOUAR LAKE EM COLE RD IF FRIENDSF PARK :--L if2 (4 Cil RD W CLARKSTON *Z-.1 YELLOWSTONE CT GLACIER DR Grading Permit OR/t'1 OAKS ELEMENTARY SCHOOL WEBBER' ELDEN ARY SCHOOL YOSEMITE DR Safety Path Easement C.) ORION OAK COUNTY PA Rtaki 18- SCRIPPS 1 LAKE RD COUNTRY LN RION TOWN HALL IP MERCURY- DR WALMSLEY CIRCLE 19 20 _ 30 29E HaB0.4 CT 6 29 13 16 )911 '.-WAILON ?ADDLE Ft/CHARDS WAY Grant of Safety Path Easement Orion Oaks County Park n-r rnt-nr, t",/ pc-rzhiry nR /"... kl,-roisiNP-i . 1 WALDON WAY LN 2 CLINE CT 3 SANDY WAY_ Resolution #02201 August 22, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #02201) September 5, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A SAFETY PATH EASEMENT TO THE CHARTER TOWNSHIP OF ORION, ORION OAKS COUNTY PARK, PART OF PARCEL NO. 09-17-200-003 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 for the construction, installation, operation, maintenance, replacement and/or removal of a safety path and the granting of a temporary grading permit over a portion of Orion Oaks County Park to the Charter Township of Orion for the sum of $1. 2. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell, Obrecht, and Taub absent. G. William Caddell, County Clerk Resolution #02201 September 5, 2002 Moved by Palmer supported by Obrecht the resolution be adopted. AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was 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 September 5, 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 5th day of September, 2002.