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Home My WebLink AboutResolutions - 2004.02.05 - 27482MISCELLANEOUS RESOLUTION # 04021 January 22. 2004 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT— RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - NEW 52-3 COURTHOUSE AND SHERIFF SUBSTATION, LOCATED IN THE CITY OF ROCHESTER HILLS (TAX PARCEL NO. 15-26-377-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is proceeding with the construction of a new Courthouse and Sheriff Substation on Barclay Circle in the City of Rochester Hills to replace the existing leased courthouse facilities; and WHEREAS as a condition of providing underground electric service to the new buildings, the Detroit Edison Company has requested that the County of Oakland grant a permanent easement for underground electric service and related appurtenances over a portion of the Court property; and WHEREAS the Department of Facilities Management and the Detroit Edison Company have agreed upon a route for the said underground electric service which will provide power to both buildings. 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 underground electric service and related appurtenances to the Detroit Edison Company 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 underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote. GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS Detroit Edison Company (Right of Way No. 445370-23) THIS EASEMENT IN GROSS is granted this 64) day of ,-",r1.,t(kwe 2004 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 Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second Avenue Detroit, Michigan 48226 (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, Grantor does hereby grant to the Grantee, and the Grantee does hereby accept, the right to construct, operate, maintain, repair and/or replace underground electric utility line facilities and related appurtenances, and to provide the Grantee with access to the property described herein for the limited purpose of maintaining said underground electric utility line facilities and related appurtenances: 1. Parcel Number: 15-26-377-001. 2. Grantor's Land is in the City of Rochester Hills, Oakland County, Michigan described as: See attached EXHIBIT A, also known as 700 and 750 Barclay Circle. 3. Purpose: The purpose of this grant is to provide the Grantee with a non-perpetual, non-exclusive easement in gross to permit construction, installation, operation, maintenance, replacement and removal of underground electric utility line facilities and related appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables, transformers and accessories. Under no circumstances can the easement be used for any other purpose than underground electric utility line facilities. 4. ACCESS: Grantor will provide Grantee with a reasonable route across Grantor's property to access the easement area for the limited purpose of constructing, installing, operating, maintaining, replacing or removal of the said underground electric utility line facilities and related appurtenances. However, Grantee shall not perform any maintenance and/or construction activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits, pipes, cables, transformers and accessories without prior approval from Grantor, except for emergency repairs. 5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 10-ft. wide non- perpetual, non-exclusive easement in gross for the construction, operation, maintenance, replacement and removal of said underground electric utility line facilities and related appurtenances, as shown on the attached drawing no. RFW 445370-23. 6. Trees, bushes, branches, roots, structures and fences Grantee may trim, cut down, remove or otherwise control any trees, bushes, branches and roots in the easement area that Grantee reasonably believes could interfere with the safe and reliable construction, operation and maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or installed within eight (8) feet of the front door and within (2) feet of the sides of transformers and switching cabinet enclosures. No buildings will be installed in the Right of Way Area without Grantee's prior written approval. 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 underground electric utility line facilities. 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. If this should occur, then 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. 8. DAMAGES: If Grantee's employees, contractors, vehicles or equipment damage Grantor's Land while entering Grantor's Land for the purposes stated in the Right of Way, then Grantee will restore Grantor's Land as nearly as can be to its original condition, except those items agreed to by Grantor pursuant to paragraph six (6) of this Easement. 9. Indemnification: Grantee shall also indemnify the Grantor, its elected officials, officers, employees and/or agents against, and shall forever hold them harmless from any and all losses, liability, actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be brought or made, and which shall be caused by or arise out of anyalleged or proven error, mistake, negligence, or intentional actions or omissions by the Grantee its,officers, employees, agents, guests, visitors, invitees, or licensees, arising out of the use of the easement or while coming upon the premises. In the event that Grantor and Grantee are found responsible for the same losses, liabilities, actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be brought or made, and which shall be caused by or arise out of any alleged or proven error, mistake, negligence or intentional actions or omissions of both of them, then the Grantee will indemnify Grantor only to the extent of Grantee's proportional responsibility for the loss(es) and/or costs associated with the loss(es). 10. Insurance: Grantee and its contractors, at their own expense, shall maintain the following self insurance coverages: $3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/or the following as minimum requirements: Broad form property damage including XCU rider Premises/Operations Independent Contractors Blanket) Broad form Contractual Personal Injury - delete contractual exclusion "A" Additional Insureds - the County of Oakland, County Agents and employees and elected and appointed officials of Oakland County; Workers' Compensation as required by law $500,000 Employer's Liability; $1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and owned and non-owned autos No Fault coverage as required by law; and General Certificates of Insurance. 11. Grantee shall also obtain the required permits, if applicable, from any other municipal or governmental agency. Grantor: County of Oakland, a Michigan Constitutional Corporation BY: Thomas A. Law, Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2004, by Thomas A. Law, Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, 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: Detroit Edison Company By: Its: STATE OF MICHIGAN )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2004, by for and on behalf of the Detroit Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226. Notary Public Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works Dr., Waterford, Michigan, 48328. Return to: Chris Cavanaugh, Detroit Edison Company ; Shelby Service Center. 6301 23 Mile Road, Shelby Township, Mi. 48316. Md11/7/03 Legal Description 52-3 District Court Site 700 and 750 Barclay Circle 15-26-377-001 EXHIBIT "A" Land in the City of Rochester Hills, Oakland County, Michigan, described as follows: A parcel of land in the East 1/2 of the Southwest 1/4 of Section 26, T3N, R11E, City of Rochester Hills, Oakland County, Michigan; described as: Commencing at the Southwest corner of said section; thence N 00°1016"W 2075.00-ft. along the West line of said Section 26; thence N 89°49'44"E 460.00-ft.; thence N 00°10'16"W 243.07-ft.; thence 158.69-ft. along the arc of a 1,813.00-ft. radius non-tangential curve to the left, with chord bearing N 80°59'17"E, 158,64-ft.; thence N 78°28'50"E, 200.00-ft.; thence 94.69-ft. along the arc of a 757.00-ft. radius circular curve to the right, with chord bearing N 82°03'50"E, 94.63-ft.; thence N 85°38'50"E, 200.00-ft.; thence 1,115.19-ft. alone the arc of a 757.00-ft. radius circular curve to the right, with chord bearing S 52°08'58"E, 1,017.05-ft. for a place of beginning; thence continuing 242.36-ft. along the arc of a 757,00-ft. radius circular curve to the right with chord bearing S 00°46'29"E, 241.32-ft.; thence S 08°23'53"W, 567.38-ft.; thence S 89°49'44"W, 442.73-ft.; thence N 00°10'16"W, 802.36-ft.; thence N 89°49'44"E, 524.73-ft. to the place of beginning. Containing 9.2 acres. N:\TEMPFILE\Inumber\2003\2003-0100 thru 2003-0199\2003-0116 Detroit Edison Easement & 52-3 Dist Ct, City of Rochester111-07-03 Edison Esmt.doc -V I 0 HAML IN I 653,t8' ft; P.O.B BARCLAY CIRCLE 524.73' N89' 49' 44'E AUBURN 15-26-377-001 HA MP ON GI K s4 C/I CENTERLINE OF 10 FOOT WIDE EASEMENT NOTE. THE EASEMENT CENTERLIAE HAY VARY IF FIELD CONSTRUCTION PROBLEMS ARISE.THEREFCRE. FOR -RE AS-INSTALLED EABEMENTCENTERLINE CALL [MISS DIEU AT 1-601-482-7I71 442.73' S89'49'44W PO RFW Number 445370 SAW 1PH 5 10 4 RFW Description 700 & 750 BARCLAY CIRCLE DC 8825 SPKNE Circuit #2 Circuit #1 CUS 0 COH ICOS 0 10 Service Center#2 Jewell COURT HOUSE 1 Service Centers:et She Workstte City ROCHESTER HILLS Worksite County Worksite Twp. AVON 323941-417179 Town Range Sect Otr 3N 11E 26 SW Scale Plot Date = 150' 12/18/2002 Planner Name Sousa ,Robert Commit Date 12/18/2002 FISCAL NOTE (MISC. 104021) February 5, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - NEW 52-3 COURTHOUSE AND SHERIFF SUBSTATION, LOCATED IN THE CITY OF ROCHESTER HILLS (TAX PARCEL NO. 15-26-377-001) 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 underground electric service and related appurtenances for the new 52-3 Courthouse and Sheriff Substation to the Detroit Edison Company for the sum of one (1) dollar. 2. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #04021 January 22, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. Resolution #04021 February 5, 2004 Moved by Potter supported by Gregory the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 0•1011. IRRIM NW WORM REMO 277/'31(/ 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 5, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the se of the,iCounty of Oakland at Pontiac, Michigan this 5th day of February, 2004. G. William Caddell, County Clerk