HomeMy WebLinkAboutResolutions - 2002.09.05 - 27018MISCELLANEOUS RESOLUTION #02202 August 22, 2002
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A SANITARY
SEWER 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, Mullins Contracting Company has requested that the County of Oakland grant a 20-foot
wide by 597.65 foot and a 40 foot by 1,752.64 foot permanent easement for the construction, installation,
operation, maintenance, replacement and/or removal of a sanitary sewer together with a 20 foot wide
temporary construction easement over a portion of Orion Oaks County Park to the Charter Township of Orion,
for the sum of one dollar; and
WHEREAS, Mullins Contracting Company and County staff have agreed upon the terms and
conditions for granting the requested sanitary sewer easement inclusive of restoration and sewer leads for
possible future County access to the sanitary sewer; and
WHEREAS, the Oakland County Parks and Recreation Commission accepted and approved the
requested easement on February 6, 2002; and
WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed and
approved the attached easement document for sanitary 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/or removal of a sanitary sewer 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 Committee, I move the adoption of the foregoing
resolution.
ANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
GRANT OF SANITARY SEWER EASEMENT
THIS EASEMENT 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 the right to
construct, operate, maintain, repair and/or replace a sanitary sewer line and related
appurtenances, and to provide the Grantee with access to the burdened property described
herein for the limited purpose of maintaining said sewer lines and related appurtenances:
1. Parcel Number : 09-17-200-003
2. Purpose: The purpose of this grant is to provide the Grantee with an easement to permit
construction, installation, operation, maintenance, replacement and removal of an 18"
sanitary 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 sewer line and related
appurtenances. Under no circumstances can the easement be used for any other
purpose. The Grantee shall provide the Oakland County Parks and Recreation
Commission reasonable notice of its intent to enter the property so as not to interfere
with grantor's scheduled recreational activities on the property except in an emergency
situation.
3. Grant of Easement: Grantor hereby grants and conveys to Grantee a permanent
easement for the construction, operation, maintenance, replacement and removal of said
sewer line and related appurtenances, as described on attached Exhibit A and subject to
Attachment B.
a. The grantor hereby grants to Grantee a 20-ft. wide temporary construction easement
as described in the attached Exhibit A. Said temporary construction easement is to be
utilized in conjunction with the above referenced permanent easement during
construction operations. Said temporary construction easement shall terminate upon
completion of construction of the proposed sanitary and restoration of Grantor's
property.
4. Interest in Realty: This Grant and Conveyance of easement shall be binding upon and
inure to the benefit of the Grantor and Grantee, their heirs, representatives, successors
and assigns, and the covenants and grants contained herein shall run with the land,
provided and only to the extent that said easement is used for a sanitary sewer. In the
event that Grantee, its heirs, representatives, successors and assigns shall no longer
require the use of said easement for the purposes described herein, said easement shall
be considered abandoned, and the easement shall terminate and be extinguished and,
the land shall revert back to Grantor, its heirs, representatives or assigns, with no
interest remaining in Grantee. Upon the request of Grantor, the Grantee, its heirs,
representatives or assigns, shall provide a Release of Easement to Grantor. 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.
5. 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 B by Grantee, its heirs, representatives, successors and assigns.
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.
WITNESSES: GRANTOR: County of Oakland, a
Michigan Constitutional Corporation
BY:
Thomas A. Law, Chairperson
Michael D. Hughson
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STATE OF MICHIGAN
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: Grantee.
ATTACHMENT "B"
Grant of Sanitary Sewer Easement to the Charter Township of Orion
Orion Oaks County Park
09-17-200-003
1. Al) unimproved areas of the subject property excavated or disturbed during sewer
installation operations shall be restored with grass seed and mulch and properly
watered to insure growth by the Grantee or its contractor.
2. Any existing trees located on the subject property, which may be removed as a
result of the sewer installation operations shall be replaced by the Grantee or its
contractor with two inch diameter park grade replacement trees of matching
species on a inch per inch replacement tree diameter basis for each existing tree
removed (i.e. 6-inch diameter Oak tree removed = 3-2-inch diameter replacement
trees).
3. The Grantee or its contractor shall install three wyes/leads at locations specified
by the Grantor for possible future connection by the Grantor as part of the sewer
construction operations.
4. Any area of the existing gravel parking lot located on Grantor's property adjacent
to Baldwin Road at the southwest corner of the subject property excavated or
disturbed as a result of sewer construction operations shall be properly restored
by the Grantee or its contractor with matching materials and to matching
thickness as existed prior to construction operations.
5. In the event that a safety path/sidewalk is to be constructed as part of the
proposed sanitary sewer construction project. The Grantee or its contractor shall
be responsible for all costs related to the construction, maintenance, replacement
or operation of a safety path/sidewalk along the easterly edge of Baldwin Road
adjacent to the grantor's property.
6. Any portion of the existing chain link fence located on Grantor's property, which
may be removed or damaged during sewer construction operations shall be
properly restored by the Grantee or its contractor.
Mdh3/25/02
5852 SOUTH MAIN STREET
CLARKSTON, MICHIGAN 48346
TELEPHONE (248) 625-5251
FAX NO. (248) 625-7110
REV. FEBRUARY 22, 2002
JANUARY 18, 2002
00274
Survey for
1745 WALDON ROAD
Address LAKE ORION, MICHIGAN 48359
MULLINS CONTRACTING, INC. Date
Job No
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5852 SOUTH MAIN STREET
CLARKSTON, MICHIGAN 48346
TELEPHONE (248) 625-5251
FAX NO. (248) 625-7110
MULLINS CONTRACTING, INC.
REV. FEBRUARY 22, 2001
Date JANUARY 18, 2002 Survey for
Job No
1745 WALDON ROAD
Address LAKE ORION, MICHIGAN 48359 00274
CERTIFICATE OF SURVEY
KIEFT ENGINEERING, INC.
REGISTERED CIVIL ENGINEERS AND LAND . SURVEYORS
PAGE 2 OF 2
DESCRIPTION:
PRIVATE EASEMENT FOR SANITARY SEWER
A PRIVATE EASEMENT FOR SANITARY SEWER OVER A PART OF THE SOUTHWEST 1/4 OF SECTION 17, T-4—N, R-10—E,
, ORION TOWNSHIP, OAKLAND COUNTY, MICHIGAN, THE CENTERLINE BEING DESCRIBED AS BEGINNING AT A POINT "A"
LOCATED S 00'09'09" E 1969.29 FT AND N 8741'21" E 906.05 FT AND S 0409'20" W 186.40 FT AND ALONG A
CURVE TO THE LEFT 244.64 FT, SAID CURVE HAVING A RADIUS OF 600.00 FT, A CENTRAL ANGLE OF 23'21'40" AND
A LONG CHORD BEARING OF S 07'31'31" E 242.95 FT AND S 19'12'20" E 327.48 FT AND N 70'47'40" E 67.54 FT
FROM THE WEST 1/4 CORNER OF SECTION 17, T-4—N, R-10—E; THENCE S 19'20'51" E 597.65 FT TO A POINT "6";
THENCE N 6417'52" E 34.73 FT; THENCE N 4446'43" E 60.27 FT; THENCE N 62'48'30" E 340.00 FT; THENCE
N 63'33'35" E 980.00 FT; THENCE N 63'51'29" E 300.00 FT; THENCE N 82'07'35" E 372.37 FT TO A POINT "C",
ALSO BEING THE POINT OF ENDING OF SAID CENTERLINE. SAID EASEMENT IS A TOTAL OF 20 FT IN WIDTH LOCATED
10 FT ON EITHER SIDE OF THE DESCRIBED CENTERLINE BETWEEN SAID POINTS A AND B AND A TOTAL OF 40 FT IN
WIDTH LOCATED 20 FT ON EITHER SIDE OF THE DESCRIBED CENTERLINE BETWEEN SAID POINTS B AND C. ALSO A
20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED NW'LY OF AND ADJOINING THE 40 FOOT WIDE PORTION
OF SAID EASEMENT BETWEEN SAID POINTS B & C.
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Resolution #02202 August 22, 2002
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #02202) September 5, 2002
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A
SANITARY SEWER 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
sanitary sewer 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 Obrecht and Taub
absent.
Resolution #02202 September 5, 2002
Moved by Palmer supported by Obrecht the resolution be adopted.
AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law,
McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Amos, Appel, Brian, Buckley. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
1,7-RFBY,
L. Brooks Pgtfersor, y EyUtiVe
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Date
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 e Cour3ty of Oakland at Pontiac,
Michigan this 5th day of September, 2002.
G. William Caddell, County Clerk