HomeMy WebLinkAboutResolutions - 2005.02.17 - 27833MISCELLANEOUS RESOLUTION #05009 January 27, 2005
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 - ADDISON OAKS COUNTY PARK (TAX PARCEL NO. 05-33-100-004)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Addison Oaks County Park located in
Addison Township; and
WHEREAS, pursuant to Miscellaneous Resolution No. 04088 dated 4/1/2004 The Oakland
County Board of Commissioners granted a License to Sprint Spectrum, LP for construction of a
radio tower and support facilities at Addison Oaks County Park; and
WHEREAS, electric power is required to construct and operate the proposed radio tower,
therefore Sprint Spectrum and the Detroit Edison Company have requested that the County grant
a 12-ft. wide by 30-ft. long easement for underground electric service from the existing power pole
line located on the park property to the Sprint tower 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 tower
site.
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. 595047)
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 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 utility line facilities and related appurtenances:
1. Parcel Number: 05-33-100-004.
2. Grantor's Land is in the Township of Addison, Oakland County, Michigan described as:
The Southeast 'A of Section 33, T5N, R11E. also known as part of Addison Oaks County Park.
3. Purpose: The purpose of this grant is to provide the Grantee with a non-perpetual, non-
assignable, non-exclusive easement in gross to permit construction, installation, operation,
maintenance, replacement and removal of underground utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, cables, transformers and accessories
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 said
underground utility line facilities and related appurtenances. Under no circumstances can the
easement be used for any other purpose than underground utility line facilities. The Grantee shall
provide the Oakland County Parks and Recreation Commission reasonable notice of its intent to
enter the property for the purposes stated above so as not to interfere with grantor's scheduled
recreational activities on the property except in an emergency situation,
4. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft, wide non-
perpetual, non-assignable, non-exclusive easement in gross for the construction, operation,
maintenance, replacement and removal of said underground utility line facilities and related
appurtenances, as shown on the attached Exhibit A.
4a. 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 (or that could grow into the easement area) and remove structures and fences in
the easement area that Grantee believes could interfere with the safe and reliable
construction, operation and maintenance of Grantee's facilities. No trees, plant life, structures and
fences can be planted, grown or installed within 8-feet of the front door and within 2-feet of the
other sides of transformers and switching cabinet enclosures. Grantee will not be responsible to
Grantor for damages to or removal of trees, plant life, structures and fences placed in front of
transformer doors.
5. 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 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. 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 underground utility line facility, shall be
the sole responsibility of the Grantee.
6. 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 to its original condition by
Grantee.
7. 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 underground utility line facilities and related appurtenances as
described herein.
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: 515/2008
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Betty J. Dean, Detroit Edison Company, 1100 Clark Road, Lapeer, Mi. 48446.
Mdh1/3/05
•
VKANNK EXHIBIT 'A"
\NW 1/4 COR
SECTION 33
' T5N,R11E
2--
ADDISON TWP
1 3.2 KV
AREA
0, REPORT OF R/W FACILITATOR.
R/W SECURED AS INDICATED
ON THIS SKETCH. PERMITS TO.
RECORD CENTER
R/W FILES
TELEPHONE
ORIGINATOR
TOTAL
BY
DATE
DATE WANTED
FACILITATOR
\_
CENTERLINE OF A 12' EASEMENT
FOR OVERHEAD ELECTRIC
DISTRIBUTION FACILITIES.
ADDISON OAKS COUNTY PARK
Le-3
CENTERLINE OF A 12' EASEMENT 3ø'-
IN LENGTH FOR UNDERGROUND ELECTRIC
DISTRIBUTION FACILITIES.
TOWER
LEASE
AREA 75'
IN POLE
50K VA TRANSFORMER
224.87'
‹E
CD
UD
co
EXISTING POLEO
co
2840.78'
RFW Description 1PD SRW PH PLC
998 LK GEORGE - NEW CELL SITE - SPRINT PCS i4 5 13 0
Circult #1
DC 8840 BREWR
circuit #2 Service Center#1
Lapeer
Service Center#2
Imlay City
Worksite Twp.
ADDISON
Town Range Sect
)
Qtr Scale
1" = 100'
Commit Date
11/16/2004
Plot Date
11/16/2004
Planner Name
K1tchIng,Jack K
Resolution #05009 January 27, 2005
Moved by Palmer supported by Zack the resolution be referred to the Finance Committee. The Chairperson
stated there being no objections, so ordered.
FISCAL NOTE (MISC. #05009) February 17, 2005
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
- ADDISON OAKS COUNTY PARK (TAX PARCEL NO. 05-33-100-004)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XIT-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Oakland County Board of Commissioners, by Miscellaneous
Resolution #04088, granted a license to Sprint Spectrum, LP
for construction of a radio tower and support facilities at
Addison Oaks County Park.
2. Electrical power is required to construct and operate the
proposed radio tower and Detroit Edison has requested the
County grant an easement to provide access to the radio
tower,
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
(Wk-c,c
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Palmer absent.
Resolution #05009 February 17, 2005
Moved by Rogers supported by Suarez the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted and appointments being confirmed).
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Melton,
Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott, Suarez, Wilson, Woodward,
Bullard. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted and appointments being confirmed).
I MY APPROVE THE FOREGOING RESOLUTION Ave„
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 February 17, 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 17th day of February, 2005.
Ruth Johnson, County Clerk