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HomeMy WebLinkAboutResolutions - 2004.03.04 - 27583March 4, 2004 MISCELLANEOUS RESOLUTION #04057 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT— RECOMMENDATION TO GRANT A SANITARY EASEMENT TO THE CHARTER TOWNSHIP OF LYON, LOCATED AT OAKLAND-SOUTHWEST AIRPORT, LYON TOWNSHIP (TAX PARCEL NO. 21-04-451-010) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland-Southwest Airport, which is located in Lyon Township, Oakland County, Michigan; and WHEREAS the Charter Township of Lyon is in the process of expanding its sanitary sewer system in the northwest quadrant of Lyon Township; and WHEREAS the Charter Township of Lyon has formally requested that the County of Oakland grant the attached sanitary sewer easement to the Township to construct, operate, maintain, repair and/or replace a sanitary sewer and related appurtenances over the northeast corner of the airport property; and WHEREAS the granting of the easement was approved by the Oakland County Airport Committee on November 21, 2003; and 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 authorize and approve the granting of the attached easement for sanitary sewer and related appurtenances to the Charter Township of Lyon 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 sanitary sewer 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 with Palmer and Long absent GRANT OF SANITARY SEWER EASEMENT IN GROSS THIS EASEMENT IN GROSS is granted this 18th day of March 2004 by theCounty 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 Lyon, a Michigan Municipal Corporation, whose address is 58000 Grand River Ave., New Hudson, Michigan 48165 (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 30.00 foot wide easement in gross and the right to enter onto the easement to construct, operate, maintain, repair and/or replace a sanitary sewer and related appurtenances. 1. Grantor's land is in the Township of Lyon, Oakland County, Michigan, described as: See Attached Exhibit A. Parcel Number: 21-04-451-010. The Easement in gross shall be a 30-ft. foot wide strip of land, located as described in attached Exhibit B, 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 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 sanitary sewer and related appurtenances. Under no circumstances can the easement be used for any other purpose other than a sanitary sewer, or for the construction, installation, operation, maintenance, replacement and/or removal of same. The Grantee shall provide the Grantor 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 easement granted is a non-perpetual, non- assignable, non-exclusive 30.00-foot wide easement in gross for the construction, operation, maintenance, replacement and removal of said sanitary sewer and related appurtenances, as described on attached Exhibit B. 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 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 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 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 this18th day of March 2004, 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 Lyon, a Michigan Municipal Corporation BY: Joseph Shigley, Supervisor STATE OF MICHIGAN )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2004, by Joseph Shigley, Supervisor, Charter Township of Lyon, a Michigan Municipal Corporation, 58000 Grand River Ave., New Hudson, Michigan, 48165. , 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. Mdh1/20/04 EXHIBIT II 4 11 v° ro -4-cN 21-04-451-006 z rt, a; 21 -09-201-012 21-04-451-008 EXHIBIT "B" 33' PRESCRIPTIVE RIGHT-OF-WAY 21 -04 -451-009 4-4 es\IAP4-cy ci ,tc' 604\ 1)\ 4P I-- 21 -04-451-006 (I 21 -09-201-012 /cum' b 21 -04-451-008 ai Resolution #04057 March 4, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections.