HomeMy WebLinkAboutResolutions - 2003.02.13 - 27106NING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #03011 January 30, 2003
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT — ACCEPTANCE AND APPROVAL OF
PURCHASE AGREEMENT FOR THE SALE OF VACANT MILLER ROAD PROPERTY LOCATED
IN ORION TOWNSHIP, KNOWN AS TAX IDENTIFICATION NO. 09-01-453-021
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the County of Oakland is the owner of a vacant residential lot located in Orion Township
known as Tax Identification No. 09-01-453-021 on the Township tax rolls; and
WHEREAS, the said property was acquired in 1971 by the former Department of Public Works for
the construction of part of the Orion Township Sanitary Sewer System; and
WHEREAS, the property was acquired for the sum of $700 utilizing Orion Township funds; and
WHEREAS, the property is presently vacant and is exempt from taxation; and
WHEREAS, the property is considered unbuildable due to the presence of the sanitary sewer and
its substandard size; and
WHEREAS, the Charter Township of Orion and the Oakland County Drain Commissioner have no
objection to the sale of the property so long as a proper easement is retained in the Township's favor for
sanitary sewer purposes; and
WHEREAS, on July 23, 2001, the Department of Facilities Management received authorization from
the Oakland County Board of Commissioners' Planning and Building Committee to sell the above property
in its "as is" condition making no warranties, pursuant to Board of Commissioners' Procedures for the Sale
of County-owned Property; and
WHEREAS, on December 3, 2002, two offers were received for the sale of the property; and
WHEREAS, it is the recommendation of the Department of Facilities Management to accept the offer
of Gary R. Boughner, Edeltraud E. Boughner and Michael G. Boughner, 1181 Miller Road, Lake Orion,
Michigan 48362 in the amount of $5,005; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary agreements and documents.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
accepts and approves the attached Purchase Agreement from Gary R. Boughner, Edeltraud E. Boughner and
Michael G. Boughner for a cash sale price of $5,005 for the sale of the subject land located in the Township
of Orion, being more specifically described as:
Lot 28, Block 14, Bunny Run Country Club, a subdivision of part of the Northeast 1/4, part of the
Southeast 1/4 and part of the Southwest 1/4 of Section 1, T4N, R10E, Orion Township, Oakland
County, Michigan, according to the plat thereof as recorded in Liber 34 of Plats, pages 16 and 17,
Oakland County Records. Sidwell #09-01-453-021.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or its designee to execute the necessary documents for the sale of the above described
property located in the Township of Orion and identified as Tax Identification No. 09-01-453-021.
BE IT FURTHER RESOLVED that it is mutually understood this is a cash sale and "as is" condition.
Chairperson, on behalf of the Planning and Building Committ,errilove the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Coleman absent.
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is made on December , 2002,
between Gary R. Boughner and Edeltraud E. Boughner, his wife and Michael G.
Boughner, a single man whose address is 1181 Miller Road, Lake Orion Michigan
48362 ("Purchasers") and the County of Oakland, a Michigan Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("Seller"), as
follows:
§1. Offer to Purchase. Purchasers offer and agree to purchase from Seller land
which is located in the Township of Orion, Oakland County, Michigan, described
as:
Lot 28, Block 14, Bunny Run Country Club, a subdivision of
part of the Northeast 1/4, part of the Southeast 1/4 and part of
the Southwest 1/4 of Section 1, T4N, RI O E, Orion Township,
Oakland County, Michigan, according to the plat thereof as
recorded in Liber 34 of Plats, pages 16 and 17, Oakland
County Records. Sidwell # 09-01-453-021
Reserving unto the Charter Township of Orion an easement, over the above
described property for the construction, operation, maintenance, repair and/or
replacement of a sanitary sewer, together with all improvements thereon, all
division rights, all tenements, hereditaments, appurtenances, easements and all
other real property rights therein, except mineral rights retained by the State of
Michigan, or other transferors.
- Acceptance. This Offer will be deemed accepted by Purchasers and Seller, upon
both Parties executing and delivering a fully executed copy of this Agreement to
the other Party. The Oakland County Board of Commissioners shall have Sixty
(60) days from the date of Purchasers' acceptance of this Agreement, to accept
this Agreement on behalf of the County of Oakland. If the Oakland County Board
of Commissioners does not accept this Agreement then this Agreement shall be
null and void and the earnest money deposit shall be returned to Purchasers.
Upon acceptance by both Purchasers and Seller, the Agreement shall be binding
and may only be terminated in the manner provided herein.
§3. Purchase Price. The purchase price of the Land shall be Five Thousand and
Five dollars and 00/100 ($5,005.00) Dollars. The Purchasers shall pay the
purchase price in full at closing.
§4. Deposit. Seller acknowledges the sum of Five Hundred and Five dollars and
00/100 ($500.05) Dollars as an earnest money deposit. The deposit shall be
refundable if the Offer to Purchase is not accepted by Seller in accordance with
Paragraph 2. If Seller accepts the Offer to Purchase, the deposit shall be applied
to the purchase price at closing.
§5. Title Insurance. Seller is providing neither title insurance nor a survey of the
above referenced property If Purchasers desire to obtain title insurance or a
survey, they shall do so at their own expense.
§6. Warranties and Representations. Except for the following representations and
warranties, the Purchasers takes the property in its as is condition without
representation or warranty of any kind by seller.
6.1. Seller is the fee simple owner of the property and has the power and
authority to enter into this Agreement, and this Agreement is not in violation
of any other agreement, convenant, order or decree or any governmental
authority to which Seller or the property is bound.
6.2. The legal description set forth in this Agreement is an accurate description
of the Land and does not include any adjacent or contiguous land owned by
the Seller.
Closing. The Closing shall take place within fifteen (15) days after acceptance
-of-this Agreement by the Oakland County Board of Commissioners (the "Closing
Date"). The closing shall occur at the offices of the seller, or any mutually
convenient location. At closing, the following shall occur:
7.1. Seller shall execute, and deliver to Purchasers a warranty deed for the Land
conveying to Purchasers marketable fee simple title. Seller shall deliver
possession of the Land to Purchaser at Closing.
7.2. Purchasers shall pay the purchase price by cash or certified check.
7.3. Seller shall execute a real estate valuation affidavit reciting the consideration
paid for the Land and shall pay the cost of state and county transfer taxes.
Purchasers shall pay the recording fee for the warranty deed.
§8. Termination.
8.1. In the event of Seller's default under this Purchase Agreement, the
Purchasers, in addition to other remedies provided law, shall be entitled to a
refund of the Deposit, or, in its discretion, may elect to enforce performance
of this Purchase Agreement by judicial decree without regard to the
adequacy or availability of any other legal remedy.
8.2. In the event of Purchasers' default, Seller shall be entitled to the deposit and
any accrued interest which, except for the Purchasers' default under
Paragraph 10, shall be Seller's sole and exclusive remedy with respect to
the performance of the Purchase Agreement.
8.3. If the Oakland County Board of Commissioners does not accept this
Agreement it shall be null and void and terminate.
§9. Governing Law. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced, and governed under
the laws of the State of Michigan.
§10. Time of Essence. Time is of the essence for this Agreement.
2
Dated:
Michael G. Boughner
§11. Amendments or Modifications. Any modifications, rescissions, waivers, releases,
or amendments of this Agreement must be in writing and agreed to by both
Parties.
§12. Binding Effect.
12.1. This Agreement shall bind the Parties, their successors, and their assigns.
§13. Entire Agreement. This Agreement contains the entire Agreement between the
Parties. This Agreement supersedes all other agreements, either oral or in
writing, between the Parties. The singular number shall include the plural and
the plural shall include the singular.
To evidence their intention to be bound by the terms and conditions of this
Agreement, the Parties have signed this Agreement on the date appearing below each
of their respective names.
PURCHASERS:
Dated:
ACCEPTED BY SELLER:
County of Oakland
A Michigan Corporation
By:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
01-121:11Z0-z-e-ejl
Edeltraud E. Boughner
Dated: )7,- 0
Dated: 11., - /6; —0
3
GRAND DR
...„ _., 4 1
.._,„.ANIPPIGON OR
xs '1 o i
,H1OLFE OR
f-RIN
LAKE f t:
HII DSOME
25 dLAIC,i1P,ii4N
Mg"
\
TCRACKER CT7
PO1E31,2-23M.Z5 6
E DRAHNER RD
co
Q
EDR
-1-7 ,
\BALLET
LA KE'
INDIANWO0b
LAKE
CITABBIA
1 MOONEY SIR. 2 AERO 3 GESSNA 4 PIPER 5 CHEROKEE 8 BONANZA 7 BEECHCRAFP
b
INDIAN
p ,r 1.-6—V-
IIN.RY BLVD
3EMINO
BUNNYWUNtLAkE::":;
Woo
_el z
1)MOUNTAThl
C. AREA Subject VEIDAY
,exFOrt
TAM, 35113.51t9831
STONEY( MA= 410.10:*k,'3.P1 _ k1/4 GE vivici
COLDENGATE
CK-
if RN
L4
1141..D.I41] CLAR
ce corrantwo-615 QR
ROUND
LAKE
BALD .MOUNTAIN
.STATE REC. AREA
CHESTN
Location Map REEN'SE1E,LP,,,
I S);
Sale of vacant Miller Rd. property .
FISCAL NOTE (M.R. 403011) February 13, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ACCEPTANCE AND APPROVAL OF
PURCHASE AGREEMENT FOR THE SALE OF VACANT MILLER ROAD PROPERTY LOCATED
IN ORION TOWNSHIP, KNOWN AS TAX IDENTIFICATION NO. 09-01-453-021
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 a purchase agreement
from Gary R. Boughner, Edeltraud E. Boughner and Michael G.
Boughner for a cash sale price of $5,005 for the purchase
of vacant County-owned land located in the Township of
Orion, identified as Tax Identification No. 09-01-453-021.
2. This is a cash sale and " as is" condition.
3. The proceeds of the sale will be receipted in the Building
Improvement Fund (Fund 4401) in the Sale of Land and
Building Revenue Account 414-110006-10000-1588.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Obrecht and Palmer
absent.
Resolution #03011 January 30, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #03011 February 13, 2003
Moved by Jamian supported by Webster the resolutions on the Consent Agenda be adopted.
AYES: Coulter, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin,
Middleton, Moffitt, Moss, Obrecht, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack,
Bullard, Coleman. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were 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
February 13, 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 13th day of February, 2003.
G. William Caddell, County Clerk