HomeMy WebLinkAboutResolutions - 2003.02.13 - 27107Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
AND BUILDING-GOMMITTEE
Charles E. Palmer, Chairperson
MISCELLANEOUS RESOLUTION # 03012 January 30, 2003
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — RECOMMENDATION TO GRANT
EASEMENT FOR WATER MAIN AND SANITARY SEWER TO THE CHARTER TOWNSHIP OF
WATERFORD - OAKLAND COUNTY INTERNATIONAL AIRPORT, LOCATED IN THE TOWNSHIP OF
WATERFORD (TAX PARCEL NO. 13-17-400-003 - PART)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Williams International Corporation, as lessee, has constructed a new hanger on
North Astro Drive on land owned by the County of Oakland at the Oakland County International Airport; and
WHEREAS as a condition of providing water and sewer service to the new building, the Township of
Waterford has requested that the County of Oakland grant a permanent easement for water main and
sanitary sewer and related appurtenances over a portion of the airport property; and
WHEREAS the Department of Facilities Management and Waterford Township have agreed upon a
route for the said water main and sanitary sewer, which will satisfy all fire code and sanitary sewer
requirements as required by township code.
WHEREAS the Oakland County Airport Committee approved the granting of the easement on
September 19, 2002.
WHEREAS it is the recommendation of the Airport Committee, and the Departments of Facilities
Management and Corporation Counsel that the Oakland County Board of Commissioners approve the
granting of the attached easement for water main and sanitary sewer to the Charter Township of Waterford
for the sum of one dollar.
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 water main and sanitary sewer and
related appurtenances to the Charter Township of Waterford for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute the attached easement for water main and sanitary sewer and related
appurtenances.
PLANNING & BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Coleman absent.
:gv:ItZg
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.
1. 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. 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, 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. So!den, Supervisor
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day of
2003, by Carl W. Solden, 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.
Mdh1 1/1 3/02
LU
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LU N.00°14'00''W. 398.22' EXHIBIT A
EAST 205'
• 6'
N.SS. e
5r0•\e 6:9
P.O,B.
2' WIDE WATERMAIN
EASEMENT .0014'00"E. 361.76 Lu
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•
P.O.E.
S.89°46'00"W. 256.58
WATERMAIN EASEMENT DESCRIPTION
A 12' WIDE STRIP OF LAND THAT IS PART OF THE NORTHEAST 1/4 OF SECTION
18, T.3N., R.9E., WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN,
DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 18,
THENCE ALONG THE EAST—WEST SECTION LINE S.89°46'00"W., 1,808.50 FT.,
THENCE N.00°14'00"W., 450.00 FT, THENCE N.89°46'00"E., 375.41 FT, THENCE
N.01°14'00"W., 150.00 FT, TO THE SOUTHEAST CORNER OF LOT 8 OF
"ASTROPARK NO. 1" SUBDIVISION AS RECORDED IN LIBER 147 OF PLATS, PAGES
16 AND 17, OAKLAND COUNTY RECORDS; THENCE N.8946'00"E., 20.00 FT.,
THENCE N.00°14'00"W., 398.22 FT.; THENCE DUE EAST, 205.00 FT.; THENCE
S.55°36'24"E., 55.40 FT TO THE POINT OF BEGINNING; THENCE S.00°14'00"E.,
251.36 FT. TO THE POINT OF ENDING. SUBJECT TO ANY AND ALL EASEMENT,
AND RESTRICTIONS OF RECORD.
WATERMAIN EASEMENT
SCALE: 1" = 30'
P.O.B PROP SANITARY' SEWER P.O.E.
EXHIBIT A
• N90°00'00"E
111.00'
EAST 205'
0. c
P o
(J)
20' WIDE SANITARY
SEWER EASEMENT N.00°14'00”W. 398.22' S.89°46'00"W. 256.58 •
SANITARY EASEMENT DESCRIPTION
A 20' WIDE STRIP OF LAND THAT IS PART OF THE NORTHEAST 1/4 OF SECTION
18, T.3N., R.9E., WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN,
DESCRIBED AS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 18,
THENCE ALONG THE EAST—WEST SECT/ON LINE S.89°46'00"W., 1,808.50 FT.,
THENCE N.00°14'00"W., 450.00 FT, THENCE N.89°46'00"E., 376.41 FT, THENCE
N.01'14'00"W., 150.00 FT. TO THE SOUTHEAST CORNER OF LOT 8 OF
"ASTROPARK NO. 1" SUBDIVISION AS RECORDED IN L1BER 147 OF PLATS, PAGES
16 AND 17, OAKLAND COUNTY RECORDS; THENCE N.89°46'00"E., 20.00 FT.,
THENCE N.00°14'00"W., 398.22 FT.; THENCE DUE EAST, 111.00 FT. TO THE
POINT OF BEGINNING; THENCE S.00'00'00"E., 60.62 FT. TO THE POINT OF
ENDING. SUBJECT TO ANY AND ALL EASEMENTS, AND RESTRICTIONS OF RECORD.
SANITARY SEWER EASEMENT
FISCAL NOTE (M.R. #03012) February 13, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT
EASEMENT FOR WATER MAIN AND SANITARY SEWER TO THE CHARTER TOWNSHIP OF
WATERFORD - OAKLAND COUNTY INTERNATIONAL AIRPORT, LOCATED IN THE
TOWNSHIP OF WATERFORD (TAX PARCEL NO. 13-17-400-003 - 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 water main and sanitary sewer and related
appurtenances to the Charter Township of Waterford for the
sum of one (1) dollar.
2. The easement will provide access for water main and
sanitary sewer service over a portion of the Oakland County
International Airport for a new hangar constructed by the
Williams International Corporation, as lessee.
3. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote with Obrecht and Palmer
absent.
Resolution #03012 January 30, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
I i; re
E FOREGOING RESOU !
Axiiy Ltowtive
Resolution #03012 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.
William Caddell, CoUntjt Cler