HomeMy WebLinkAboutResolutions - 2003.10.02 - 27297September 18, 2003
MISCELLANEOUS RESOLUTION #03263
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - TRANSFER OF PROPERTY TO
THE ESTATE OF DELORES MURRAY OR DESIGNEE, TAX PARCEL NO. 17-06-
376-001 AND APPROVAL OF TRANFER AGREEMENT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County is the owner of certain real property identified by parcel
identification number 17-06-376-001, commonly referred to as 4002 Cherry Garden Lane,
located in Commerce Township, Oakland County, Michigan ("Premises"), and specifically
described as follows:
Part of the S.W. 1/4 of Section 6, T2N., R. 8E., Commerce Township, Oakland
County, Michigan, described as commencing at the S. 114 corner of Section 6:
thence S 890 48' 36" W along the south line of said Section 6, 1346.44 ft.;
thence N 00° 14 00" E 742.19 ft. to the point of beginning; thence continuing
N 000 14' 00" E 646.15 ft.; thence S 89° 40' 58" E 360.22 ft.; thence S 44 0 18'
48" E 175 ft.; thence S 16° 18' 36" W 313.39 ft.; thence S 73° 41' 24" E 220.47
ft.; thence S 16° 18' 36" W 60.00 ft.; thence N 73° 41' 24" W 220.47 ft.; thence
S 16° 18' 36" W 208.29 ft.; thence N 83° 01' 15" W 323.44 ft. to the point of
beginning, containing 6,54 acres, more or less.
WHEREAS, said Premises was conveyed by Warranty Deed dated June 5, 1976
from Delores Murray to the County, with the intent and purpose of providing a site for
community water pumping facilities for the use and benefit by the inhabitants of the County;
and
WHEREAS, the Warranty Deed was recorded on June 7, 1976, Liber 6682, Pages
795-796, Oakland County Records; and,
WHEREAS, the Warranty Deed provides, in pertinent part, that "whenever said
pumping facilities cease to be used as a community water system ... and the said premises
shall be considered abandoned, .., the same shall revert to ... Delores Murray, her heirs
and assigns. upon payment to ... County of the reasonable costs, if any, of abandonment of
the aforesaid premises and search for legal heirs of ... Delores Murray"; and
WHEREAS. the Premises are no longer required for the purpose and intent as
identified in the Warranty Deed and the pumping facilities are to be abandoned:
WHEREAS, Delores Murray is deceased and is represented by the Estate of Delores
Murray, Oakland County Probate Court number 1982-15,592 ("Estate"); and
WHEREAS. the Estate has entered into an agreement to sell the Premises subject to
certain conditions that includes the recovery of the abandonment costs of the County;
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Coleman absent
WHEREAS, to ensure proper abandonment of the pumping facilities of the
community water system, and recovery of the costs related to therairarreiur {merit of the
system incurred by the County prior to conveying the property back to the Estate, the
County proposes to enter into the attached agreement that includes the Estate and
purchaser of the Premises.
NOW THEREFORE BE IT RESOLVED that the County Board of Commissioners
hereby directs its Chairperson to execute the warranty deed, agreement to recover
abandonment costs and other necessary documents to effectuate the transfer of the
premises.
Chairperson, on behalf of the Planning and Building Committee. I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS that the County of Oakland, a Michigan Constitutional
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 Convey(s) and Warrant(s) to
Patricia Murray, Personal Representative of the Estate of Dolores Murray, whose address is 31395 W. 7 Mile
Road, Suite G, Livonia, Michigan 48152, the following described premises situated in the Township of Commerce.
County of Oakland, State of Michigan, to-wit:
Part of the Southwest 1/4 of Section 6, Town 2 North, Range 8 East, Commerce Township, Oakland County,
Michigan, described as commencing at the South t/4 corner of Section 6; thence S89°48'36"W along the south line
of said Section 6, 1346.44-ft., thence N00°14 100"E 742.19-ft. to the point of beginning; thence continuing
N00°14'00"E 646.15-ft.; thence S8940'58"E 360.22-ft.; thence S44°18'48"E 175.00-ft.; thence S16°18'36"W
-313:39-ft.; thence S73°41 '24"E 220147-ft.;-thence Si 6°18'36"W 60.00-ft.; thence N73°41'24'W 220:4741.;- thence
S16°18'36"W 208.29-ft., thence N83°01'15"W 323.44-ft. to the point of beginning. Also, known as Oudot A,
Wild River Subdivision no. 1. As recorded in Liber 145 of Plats Pages 5-6. Containing 6.54 acres, more or less.
Tax Parcel No. 17-06-376-001. Commonly known as: Vacant Liverrary Lane
For the sum of One Dollar together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining. Subject to existing building and use restrictions, easements and zoning
ordinances if any.
"This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural
and management practices which may generate noise, dust, odors and other associated conditions may be used and
are protected by the Michigan right to farm act." The grantor grants to the grantee the right to make all divisions
under Section 108 of the Land Division Act, Public Act 591 of 1996.
Grantor: County of Oakland, a Michigan
Constitutional Corporation
By;
Thomas A. Law, Chairperson
STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instnunent was acknowledged before me this day of 2003, by Thomas A.
Law, Chairperson of the Board of Commissioners of the County of Oakland, a Michigan Constitutional
Corporation.
Drafted by: Michael Hughson, Oakland County
Department of Facilities Management
1 Public Works Dr., Waterford, MI 48328
After recording return to: Grantee.
Michael D. Hughson, Notary Public
Oakland County, Michigan.
My commission expires: 5/512004.
AGREEMENT
This Agreement is entered into as of the day of , 2003 between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 N. Telegraph Road,
Pontiac, Michigan 48341 ("COUNTY") and the ESTATE OF DELORES MURRAY, Oakland
County Probate Court Case No. 1982-15,592 DA, ("SELLER") and lnverrary LLC a
Michigan Limited Liability Company, 49357 Pontiac Trail, Suite 201, Wixom, Michigan,
("PURCHASER "). In this Agreement, either the COUNTY, SELLER or PURCHASER may
also be referred to individually as a 'Party" or jointly as "Parties."
WiTNESSETH:
WHEREAS, the COUNTY is the owner of certain real property identified by
parcel identification number 17-06-376-001 and commonly referred to as 4002 Cherry
Garden Lane, located in Commerce Township, Oakland County, Michigan ("Premises");
WHEREAS, said property was conveyed by Warranty Deed dated June 5, 1976
from Delores Murray to the County, with the intent and purpose of providing a site for
community water pumping facilities for the use and benefit by the inhabitants of the
County;
WHEREAS, the Warranty Deed was recorded on June 7, 1976, Liber 6682,
Pages 795-796, Oakland County Records;
WHEREAS, the Warranty Deed provides, in pertinent part, that "whenever said
pumping facilities cease to be used as a community water system ... and the said
premises shall be considered abandoned, the same shall revert to Delores Murray, her
heirs and assigns, upon payment to County of the reasonable costs, if any, of
abandonment of the aforesaid premises and search for legal heirs of Delores Murray":
WHEREAS, the Premises are no longer required for the purpose and intent as
identified in the Warranty Deed and the pumping facilities are to be abandoned;
WHEREAS, Delores Murray is deceased and is represented by SELLER;
WHEREAS, SELLER has entered into an agreement to sell the Premises to the
Thomas F. Welch Construction, Inc., subject to certain conditions contained in a
Purchase Agreement dated October 24, 2002;
WHEREAS, the interests of the Thomas F. Welch Construction, Inc., in the
purchase agreement dated October 24, 2002 have been assigned to Inverrary LLC, a
Michigan Limited Liability Company ("PURCHASER");
WHEREAS, the purpose of this Agreement between the COUNTY, SELLER and
PURCHASER, is to ensure proper abandonment of the pumping facilities of the
community water system, and payment of the costs related to the abandonment of the
system incurred by the County prior to conveying the property back to Seller.
NOW, THEREFORE, in consideration of these premises and the mutual
promises, representations, and agreements set forth in this Agreement, and for other
good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Parties agree as follows:
1. PURCHASER acknowledges that SELLER's title to the Premises consists of a
right of reverter from the COUNTY.
2. PURCHASER and SELLER acknowledge that the conveyance of the Premises
by the COUNTY to the SELLER is subject to the proper abandonment of the
community water pumping facilities (weils") in a manner satisfactory to the
COUNTY, by its agent the OAKLAND COUNTY DRAIN COMMISSIONER
("OCDC"). Attached as Exhibit A is a drawing of the community water pumping
facilities designated Wildwood River No. 1.
3. SELLER and PURCHASER agree that prior to closing, the abandonment of the
wells will be accomplished as follows:
a. The OCDC will remove pumps and motors, and abandon three (3)
production wells pursuant to the standards of the Michigan Department of
Environmental Quality (MDEQ) at SELLER'S expense.
b. The OCDC will disconnect on-site waterline from Commerce Township
water distribution system and plug 8-inch tee located on Inverrary Lane,
Commerce Township, at SELLER'S expense.
c. The OCDC will, at PURCHASER'S expense, abandon and grout the
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underground asbestos cement waterline and all other underground piping
or conduits in accordance with all federal, state and local laws and
regulations. PURCHASER acknowledges, agrees and understands that
at its request (to reduce costs) these underground asbestos cement
waterlines will remain in place. Prior to closing, County will arrange to
have recorded with the Oakland County Register Deeds documentation
showing the approximate location of the remaining waterline(s).
Purchaser agrees that in the event it is necessary to disturb the
underground asbestos cement waterlines, that any such activity will be
conducted in accordance with all applicable federal, state and local laws,
rules and regulations.
d. As a condition precedent to conveyance of the parcel to Seller, Oakland
County shall be reimbursed at the time of closing of the sale between
Purchaser and Seller for the costs incurred as described in paragraphs
3(a), 3(b) and 3(c) in the amount of $17,500.
e. PURCHASER will perform all the following, as required by the OCDC as a
condition precedent to Oakland's County's conveyance of the property to
the SELLER prior to closing of the transaction between Seller and
Purchaser:
(1) Abandonment of other utilities. PURCHASER shall disconnect and
abandon all other utilities (e.g. electric service, on-site electrical
service facilities, etc.) in accordance with the requirements of the utility
provider. PURCHASER shall assume all liability in conjunction with
abandonment of these utilities and shall defend, indemnify and hold
the County and the Drain Commissioner harmless from any and all
liability arising from or related to such abandonment. The obligations
set forth in this paragraph shall specifically survive closing.
(2) Demolition of buildings and structures. PURCHASER shall be
responsible for the demolition of the structures located on the
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premises associated with the wells, namely buildings, interior piping,
pressure tanks, etc, and the removal of the debris caused by such
demolition. PURCHASER shall assume all liability in conjunction with
demolition and removal of same and shall defend, indemnify and hold
the County and the Drain Commissioner harmless from any and all
liability arising from or related to such demolition and removal. The
obligations set forth in this paragraph shall specifically survive dosing.
4. In the event that the sale of the Premises by the SELLER to the PURCHASER,
is not consummated, the COUNTY shall be entitled to and Seller agrees to
execute a recordable lien on the property for all costs (including reasonable
attorney fees) related to said abandonment and enforcement of and foreclosure
of said lien.
5. 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.
6, This Agreement sets forth the entire agreement between the Parties and
supersedes any and all prior agreements or understandings between them in
any way related to the subject matter hereof. It is further understood and agreed
that the terms and conditions herein are contractual and are not a mere recital
and that there are no other agreements, understandings, contracts, or
representations between the Parties in any way related to the subject matter
hereof, except as expressly stated herein. This Agreement shall not be changed
or supplemented orally and may be amended only as otherwise provided herein.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this Agreement.
and for other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned hereby execute this Agreement on behalf of the
Parties, and by doing so legally obligate and bind the Parties to the terms and conditions
of this Agreement.
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SELLER:
ESTATE OF DELORES MURRAY,
Oakland County Probate Court Case No. 1982-15,592 DA,
By: Date:
Patricia Murray, Personal Representative
PURCHASER:
inverrary LLC a Michigan Limited Liability Company
as assignee of
THOMAS F. WELSH CONSTRUCTION, INC.,
a Michigan Corporation
49357 Pontiac Trail, Suite 201, Wixom, Michigan
By: Date:
COUNTY OF OAKLAND:
Date:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
12002-03381Contract revised 082703.doc
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FISCAL NOTE (M.R. #03263) October 2, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - TRANSFER OF PROPERTY TO
THE ESTATE OF DELORES MURRAY OR DESIGNEE, TAX PARCEL NO.17-06-376-001
AND APPROVAL OF TRANSFER AGREEMENT
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. Oakland County acquired the subject property by Warranty
Deed in 1976 for the purpose of operating a community well-
water system for certain residents of Commerce Township.
2. The community well-water system ceased operation in 2002.
3. The Warranty Deed provides that if the system ceases
operation, the property will revert to the original owner
upon payment of reasonable costs of abandonment of the
County.
4. The Estate of the original owner has entered into an
agreement to sell the property, subject to recovery of
abandonment costs of the County.
S. The resolution directs the Chairperson of the Board of
Commissioners to execute the warranty deed, agreement to
recover abandonment costs and other necessary documents to
effectuate the transfer of the property.
6. Oakland County will be reimbursed at the time of the
closing of the property sale for abandonment costs
described in the agreement in the amount of $17,500.
7. Reimbursement of the abandonment costs incurred by the
County will be receipted in the Drain Commissioner's Water
& Sewer Fund (Fund #701), Commerce Township Well Water
Supply System, account number #2-51-121323-21100-070I.
B. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote.
Resolution #03263 September 18, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
i!`
Resolution #03263 October 2, 2003
Moved by Wilson supported by Crawford the resolutions on the Consent Agenda, be adopted (with
accompanying repo' ts beirig accepted).
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
1".
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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
October 2, 2003 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the sear the County of Oakland at
Pontiac, Michigan this 2nd day of October, 2003.
G. William Caddell, County Clerk