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HomeMy WebLinkAboutResolutions - 2003.04.17 - 27039Apri117, 2003 MISCELLANEOUS RESOLUTION # 03077 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — AMENDMENT TO MISCELLANEOUS RESOLUTION NO. 03012 AS ADOPTED ON JANUARY 30, 2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution No 03012 adopted on January 30, 2003, the Oakland County Board of Commissioners approved granting an easement for waternnain and sanitary sewer to Charter Township of Waterford; and WHEREAS, that prior to final acceptance of the easement by Waterford Township the Township requested the following sentence be removed from paragraph number 4 of the easement document: "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 prior to the removal."; and WHEREAS, the Departments of Aviation, Facilities Management and Corporation Counsel have reviewed the request by Waterford Township and recommend that Miscellaneous Resolution No. 03012, as adopted on January 30, 2003. be amended by removing the afore mentioned sentence. NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution No. 03012, as adopted on January 30, 2003, be amended by deleting the following sentence from paragraph number 4 of the easement document: "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 prior to the removal."; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement as amended. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNINGAND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote /0e V/ieb 4ei41v y__ GRANT OF WATER MAIN AND SANITARY SEWER EASEMENT IN GROSS THIS EASEMENT IN GROSS is granted this day of 2003 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 Waterford, a Michigan Municipal Corporation, whose address is 5200 Civic Center Drive, Waterford, Michigan 48329 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of One Dollar ($1.00) receipt of which is hereby acknowledged, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, a 12 foot wide easement in gross for water main and a 20 foot wide easement in gross for sanitary sewer and the right to enter onto Grantor's land to construct, operate, maintain, repair and/or replace a water main and sanitary sewer and related appurtenances. Grantor's land is in the Township of Waterford, Oakland County, Michigan, described as Parcel Number: 13-17-400-003 (Part). The easement in gross shall be a 12 foot wide strip of land for water main and 20 foot wide strip of land for sanitary sewer, located as described in attached Exhibit A, showing the location of the easement strip. 2. Purpose: The purpose of this non-perpetual, non-assignable, non-exclusive easement in gross is to permit construction, installation, operation, maintenance, replacement and removal of a water main and sanitary sewer 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 water main and sanitary sewer and related appurtenances. Under no circumstances can the easement(s) be used for any other purpose other than a water main and sanitary sewer, or for the construction, installation, operation, maintenance, replacement and/or removal of same. The Grantee shall provide the Manager of Aviation of the Oakland County International Airport reasonable notice of its intent to enter the property for the purposes stated above so as not to interfere with grantor's scheduled activities on the property except in an emergency situation. 3. Grant of Easement in Gross The easements granted are non-perpetual, non- assignable, non-exclusive easements in gross for the construction, operation, maintenance, replacement and removal of said water main and sanitary sewer and related appurtenances, as described on attached Exhibit A. 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 water main and sanitary sewer. 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. 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 water main and sanitary sewer, 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 by Grantee to its immediately prior condition. 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 water main and sanitary sewer 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 2003, 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 Waterford, A Michigan Municipal Corporation BY: Carl W. Solden, Supervisor STATE OF MICHIGAN )SS COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this day of 2003, by Carl W. So!den, Supervisor, Charter Township of Waterford, a Michigan Municipal Corporation, 5200 Civic Center Drive, Waterford, Michigan, 48329. , 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. Mdh3/18/03 —Cr) cy SO0'7 4'00"F 0\1.00'1400"W. 398.22 EXHIBIT A EAST 205' 6:S• - 'N--16 • e' 6, 9 ' P.O.B. 12 WIDE WATERMAIN EASEMENT .‹ ,1 , 0 cr; (.6 I P.O.E. S.8946 'OC"W. 256.58 V i WA TERMAIN EASEMENT DESCRIPTION A 12' WOE STRIP OF LAND THAT IS PART OF THE NORTHEAST 1 /4 OF SECTION 18, T. 3N., R. 9E., WATERFORD TOWNSHIP, OAKLAND C.;OLIN TY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 18, THENCE ALONG THE EAST—WEST SECTION LINE S.8946'00"W., 7,808.50 FT, THENCE N.0014'00"W., 450.06 FT., THENCE N.8.9-4600"E., 376.41 FT., THENCE N.0174'0G"W., 150.00 FT. TO THE SOUTHEAST CORNER OF LOT 8 OF "AST,ROPARK NO. 7" SUBDIVISION AS RECORDED IN LISER 147 OF PLATS, PAGES 16 AND 77, OAKLAND COUNTY RECORDS; THENCE N.8946"00"E., 20.00 ,FT., THENCE N. 0074'00"W., 398.22 FT; THENCE DUE EAST, 20,5.00 FT.; THENCE 5.55 36'24"E., 55.40 FT. TO THE POINT OF BEGiNNING; THENCE S. 0014'00"E, 251.36 FT. TO THE POINT OF ENDING. SUBJECT TO ANY AND ALL EASEMENT, AND RESTRICTIONS OF RECORD, A 711—,_11)MA ' N NA C t tV 7- . SCALE: 1" r-- 30' N.90.00'00"E 111.00' EAST 205' 20' WIDE SANITARY SEWER EASEMENT P. 0.B. 2 P. O. El Om+ 7 c:ic I co. ! c I S.89.46'00' W 256.58 SCALE: 1" = 30' EXHIBIT A SANITARY EASEMENT DESCRIPTION A 20/ WIDE STRIP OF LAND THAT IS PART OF THE NORTHEAST 7/4 OF SECTION 18, T. ,3N., R.95., WA TERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 18, THENCE ALONG THE EAST-WEST SECTION LINE S.8946'00"W., 1,808.50 FT., THENCE N.00 .1 4'00"W., 450.00 FT, THENCE N.8946'00"E., 376.41 FT, THENCE N.01 '14'00'W., 150.00 FT. TO THE SOUTHEAST CORNER OF LOT 8 OF "AST,ROPARK NO. 1" SUBDIVISION AS RECORDED IN LIBER -147 OF PLATS, PAGES 16 AND 17, OAKLAND COUNTY RECORDS; THENCE N. 89 '46 '00"E., 20.00 FT, THENCE N.907 4'00"W., 398.22 FT.; THENCE DUE EAST 111.00 FT TO THE POINT OF BEGINNING; THENCE S.00•00DC"E., 60.62 FT. TO THE POINT OF ENDING. SUBJECT TO ANY AND ALL EASEMENTS, AND RES7RICTIONS OF RECORD. I cANITARv SEHIFP EASEMENT G. William Caddell, County Clerk Resolution #03077 April 17, 2003 Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Jamian, Knollenberg, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Zack, Bullard. (20) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, 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 April 17, 2003, 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 17th day of April, 2003.