HomeMy WebLinkAboutResolutions - 2005.04.14 - 27756yTlyZ AND B COMMITTEE
1/A4AL
March 24, 2005
MISCELLANEOUS RESOLUTION #05065
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES MANAGEMENT — RECOMMENDATION TO GRANT EASEMENT FOR WATERMAIN -
WHITE LAKE OAKS COUNTY PARK (TAX PARCEL NO. 12-24-200-007)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of White Lake Oaks County Park located in
White Lake Township; and
WHEREAS, the Oakland County Parks and Recreation Commission is engaged in the process of
building a new clubhouse at White Lake Oaks County Park; and
WHEREAS, the Parks Commission has elected to utilize the local township water supply system
for potable water and fire suppression purposes rather than the existing park well; and
WHEREAS, the White Lake Township water supply system does not presently serve the
immediate area of the park. However, the Waterford Township water supply system is presently
available along the Williams Lake Road frontage of the Park: and
WHEREAS, the Charter Townships of Waterford and White Lake have requested that the County
of Oakland grant a permanent easement for the construction, operation, maintenance, repair and
replacement of a water main and related appurtenances over a portion of the park property adjacent
to Williams Lake Road at the intersection of Pontiac Lake Road.
WHEREAS, the Oakland County Parks Commission and the Townships have agreed upon a
route for the said watermain which is agreeable to all parties.
WHEREAS, the Oakland County Parks and Recreation Commission recommended approval of
the subject 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 water main and related
appurtenances to the Charter Townships of Waterford and White Lake 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 water main easement.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Middleton absent
GRANT OF WATER MAIN EASEMENT IN GROSS
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 theCharter Township of
Waterford, a Michigan Municipal Corporation, whose address is 5200 Civic Center Drive,
Waterford, Michigan 48329 and to the Charter Township of White Lake, a Michigan Municipal
Corporation, whose address is 7525 Highland Road, White Lake, Michigan 48383 (hereinafter
referred to as "Grantees").
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,
the easement in gross and the right to enter onto Grantor's land to construct, operate, maintain,
repair and/or replace a water main and related appurtenances.
1. Grantor's land is in the Township of White Lake, Oakland County, Michigan,
described as: See attached Exhibit A. Parcel Number: 12-24-200-007. The easement in
gross shall be 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 operation, maintenance, and/or replacement of a water main and related
appurtenances, and to provide the Grantee with access to the burdened property described
herein for the limited purpose of operating, maintaining, and/or replacing the water main
and related appurtenances. Under no circumstances can the easement be used for any
other purpose other than a water main, or for the, operation, maintenance, and/or
replacement 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 (as described on attached
Exhibit A) is a non-perpetual, non-assignable, non-exclusive easement in gross for
the operation, maintenance, and/or replacement of said water main and related
appurtenances.
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. 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. In the
event the easement is extinguished as provided above, and 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 Grantor
has the right to disconnect its water supply system from the water main maintained by
Grantee. 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 operation, maintenance, and/or replacement of the water main
by Grantee, 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.
GRANTOR: County of Oakland, a
Michigan Constitutional Corporation
BY:
Bill Bullard, Jr. Chairperson
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me in Oakland County, Michigan this
_____ day of 2005, by, Bill Bullard, Jr., Chairperson, of County of Oakland, 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: 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 in Oakland County, Michigan this
day of 2005, 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 Acting in Oakland County
My Commission expires:
GRANTEE: Charter Township of White Lake,
A Michigan Municipal Corporation
BY:
, Supervisor
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me in Oakland County, Michigan this
day of 2005, by, Supervisor, Charter Township of
White Lake, a Michigan Municipal Corporation, 7525 Highland Road, White Lake, Michigan, 48383.
, Notary Public
Oakland County, Michigan Acting in Oakland County
My Commission expires:
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public
Works Dr., Waterford, Michigan, 48328.
Return to: Grantee.
Mdh3/2/05
EXHIBIT A
AN EASEMENT FOR WATERMAIN PURPOSES ACROSS THE FOLLOWING DESCRIBED
PARCEL:
THE NORTHEAST 114 OF SECTION 24, T-3-N, R-8-E, WHITE LAKE TOWNSHIP, OAKLAND
COUNTY, MICHIGAN: EXCEPT BEGINNING AT THE NORTH 1/4 CORNER, THENCE
N.88°5159'E., 110.00 FEET; THENCE S.00°3729"W., 305.00 FEET; THENCE S.88°5159"W.,
110.00 FEET; TO THE NORTH SOUTH 1/4 LINE; THENCE N00°37'29'1E., 305.00 FEET TO THE
POINT OF BEGINNING,
WATER MAIN EASEMENT DESCRIPTION
A PART OF THE NORTHEAST 1/4 OF SECTION 24, T-3-N, R-8-E, WHITE LAKE TOWNSHIP,
OAKLAND COUNTY, MICHIGAN MORE PARTICULARLY DESCRIBED AS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SECTION 24, THENCE S.02°47'42"E., 171.80 FEET
ALONG THE EAST LINE OF SAID SECTION 24 TO THE POINT OF BEGINNING, THE
FOLLOWING COURSES BEING ALONG THE PERIMETER OF AN EASEMENT FOR
WATERMAIN, THENCE CONTINUING S.02°47'42"E., 93.67 FEET; THENCE N.78°25'00"W.,
38.00 FEET; THENCE N.11°40'00": E., 20.00 FEET; THENCE S.78°20'00"E., 10.00 FEET;
THENCEN.11°30'00"E., 32.00 FEET; THENCE N.12°30'00"W., 126.00 FEET; THENCE
N.54°30'00"W., 47.00 FEET; THENCE N.36°00'00"E., 9.00 FEET; THENCE S.70°45'00"E., 38.50
FEET; THENCE S.38°10'00"E., 28.00 FEET; THENCE
S.12°30'00"E., 87.96 FEET TO THE POINT OF BEGINNING. Part of parcel no. 12-24-200-007.
--\
e Lcv e
LI:
Lai
C)
(/) 14.1
`-1
< Ca
Ct
ft Ei
I
;II
lit
!I i
I!!
DATE: 12-9-04 CHECKED BY SCALE: 1"-40' DATE
R.D.K. 12/04 !SHEET: 1 OF 2 DRAWN: L.C.
DESIGN: -
SECTION: 24
jb
JOB No: 16900
POINT OF COMMENCEMENT
NORTHEAST CORNER
SECTMN 24.
. WHITE LAKE TWP.
POAlp A
OAKLAND CO., MICH.
Pr u,k-mkt b
V
.
1
fs... ---. I
/...e1.7 -"•-
„. //,- "-A. / ys It I 'i-- \-
\ \\
I 6:1
2V/r//TA I 4 Zi N d)LA 1 ,> ,/ =41
-\
1
I cl. t ,- '. -1nt . .. . 4,
\' A\
' VA
1/41 v':- I i)
/ -, /
['fir
-
A
DOZ • / ,.! cn •
N
--- ' ../ 7:-.72/7ir
/ k f 7 h„ mi .......4- .......,
1_,....t.„,_*
I 38.0Cy- "r•
SCALE: 1"•,40'
20 40 80
NOTE:
SEE SHEET 2 OF 2 FOR DESCRIPTIONS
LEGEND
EASEMENT
" /-• AREA
POINT OF BEGINNING WATERMAN EASEMENT
WATERMAIN EASEMENT
A PART OF SECTION 24, R.-8.-E.,
WHITE LAKE TOWNSHIP, OAKLAND CO., MICHIGAN
Al 1 A faj ea I W Gifiels-VVebster Engineers. inc.
ENGINEERS LAND SURVEYORS PLANNERS LANDSCAPE ARCHITECTS
2071 BOND STREET, ROCHESTER HILLS, Mi. 40309
1248) 852-1100
Resolution #05065 March 24, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #050657 April 14, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT EASEMENT FOR WATERMAIN
- WHITE LAKE OAKS COUNTY PARK (TAX PARCEL NO. 12-24-200-007)
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 is
engaged in the process of building a new clubhouse at White
Lake Oaks County Park.
2. The Parks Commission has elected to utilize the local
township water supply for potable water and fire
suppression purposes.
3. The Charter Townships of Waterford and White Lake have
requested the County grant a permanent easement for the
construction, operation, maintenance, repair and
replacement of a water main and related appurtenances over
a portion of the park.
4. The resolution authorizes and approves the granting of an
easement for water main and related appurtenances to the
Charter Townships of Waterford and White Lake for the sum
of one (1) dollar.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Jamian absent.
ra0
Resolution #05065 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).
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 Johnsdfi, County Clerk