HomeMy WebLinkAboutResolutions - 2005.04.14 - 27755Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Middleton absent
e G AN! : . i G COMMITTEE All
— At Akii
March 24, 2005
MISCELLANEOUS RESOLUTION #05064
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO GRANT EASEMENT FOR
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
SPRINGFIELD OAKS COUNTY PARK (TAX PARCEL NO, 07-20-201-016)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park located in
Springfield Township; and
WHEREAS, The Oakland County Parks Commission in conjunction with the 52-2
Clarkston District Court is in the process of establishing a court community garden inclusive of a
donated greenhouse at Springfield Oaks County Park; and
WHEREAS, electric power is required to operate the proposed greenhouse, therefore the
Detroit Edison Company has requested that the County grant a 15-ft. wide by 50-ft. long easement
for underground electric service from the existing power pole line located along Andersonville
Road to the greenhouse site; and
WHEREAS, the Oakland County Parks Commission and the Detroit Edison Company have
agreed upon a route for the said underground electric service which will provide power to the
greenhouse site.
WHEREAS, the Oakland County Parks and Recreation Commission recommended
approval of the attached easement on March 9, 2005.
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.
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 513390-39)
THIS EASEMENT IN GROSS is granted this day of 2005 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: 07-20-201-016.
2. Grantor's Land is in the Township of Springfield, Oakland County, Michigan described as:
The West 1/2 of the Northeast 1/4 of Section 20, T4N, R8E, also that part of the West 30-acres of
the North 50-acres of the E 1/2 of the Northeast 114 lying Southwesterly of Andersonville Road.
Containing 107-acres more or less. Also known as part of Springfield Oaks County Park.
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 15-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 513390-39.
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.
7. 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 minicipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
BY:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me in Oakland County this day of
2005, by Bill Bullard, Jr., 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 Acting in Oakland County.
My Commission expires: 5/5/2008
Grantee: Detroit Edison Company
By:
Its:
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of 2005,
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: Annie Grimmett, Detroit Edison Company, 1970 Orchard Lake Rd., Sylvan Lake, Mi. 48320.
Mdh2/15/05
NATEMPFILEVInumber\200312003-0100 thru 2003-0199\2003-0116 Detroit Edison Easement & 52-3 Dist Ct, City of Rochester111-07-03
Edison Esmt.doc
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Resolution #05064 March 24, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #05064) April 14, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO GRANT EASEMENT FOR
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
SPRINGFIELD OAKS COUNTY PARK (TAX PARCEL NO. 07-20-201-016)
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 Oakland County Parks and Recreation Commission, in
conjunction with the 52-2 Clarkston District Court, is in
the process of establishing a court community garden at
Springfield Oaks County Park inclusive of a donated
greenhouse.
2. Electrical power is required to operate the proposed
greenhouse and Detroit Edison has requested the County
grant an easement for underground electric service to the
greenhouse site.
3. The resolution authorizes and approves the granting of an
easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of
one (1) dollar.
4. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Jamian absent.
4(1 / 5
Resolution #05064 April 14, 2005
Moved by Crawford supported by Melton the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, 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).
,••n••n
I HEREBY APPROVE TIE F0180118 ISO=
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 April 14, 2005 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 14th day of April, 2005.
Ruth Johnsob, County Clerk