HomeMy WebLinkAboutResolutions - 2005.02.17 - 27834January 27, 2005
MISCELLANEOUS RESOLUTION # 05010
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT - TRANSFER OF COUNTY OWNED PROPERTY TO THE CHARTER
TOWNSHIP OF LYON, TAX PARCELS NOS. 21-05-176-020, 21-21-100-037 AND 21-26-253-
001 ; AND APPROVAL OF CONTRACT FOR OPERATION AND MAINTENANCE OF THE
CHARTER TOWNSHIP OF LYON WATER SUPPLY SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of certain water well site parcels located within the
Charter Township of Lyon, Oakland County, described as:
KENSINGTON PARK APARTMENTS WELL SITE: Part of the Northwest 114 of Section 5, Ti N,
R7E. Township of Lyon, Oakland County, Michigan, described as: Beginning at a point distant N
62°07'35" E, 1852.95-ft. from the West 114 corner of said Section 5, said Point of Beginning also
being distant N 00°31'52" E, 862.09-ft., along the North and South 1/4 line, and N 86°59'00" W,
1020.0-ft. from the center post of said Section 5; thence N 00°31'52" E, 200.49-ft.; thence S
8659'00" E, 197.78-ft.; thence S 41°59'00" E, 82.84-ft.; thence S 00°31'52" W, 141.86-ft.; thence
N 86°59'00" W, 253.81-ft. to the Point of Beginning. Containing approximately 1.13-ac. Subject
to a right of reversion as described in Liber 6264, Page 104, Oakland County Records. Tax parcel
No. 21-05-176-020.
CARRIAGE CLUB SUBDIVISION WELL SITE: A parcel of land being part of the Northwest 114
of Section 21, TIN, R7E, Lyon Township, Oakland County, Michigan. Commencing at the West
1/4 corner of Section 21, T1N, R7E, Lyon Township, Oakland County, Michigan; thence S
8922'16" E, 246.22-ft.; thence N 00°31'20" E, 6.99-ft, to the Point of Beginning; thence S
89°15'48" E, 236.11-ft.; thence N 29°37'27" E, 225.13-ft.; thence 54.47-ft along an arc of a curve
to the right having a radius of 60.00-ft., central angle of 5200'54" chord bearing of N 00°03'22" E,
52.62-ft.; thence N 39°30'28" W 235.93-ft.; thence S 74°29'10" W 234.71-ft.; thence S 22°29'34"
W 196.64-ft.; thence S 2939'58" E 210.44-ft. to the Point of Beginning. Containing 3.23-ac and
subject easements and restrictions of record if any. Tax Parcel No. 21-21-100-037,
TANGLEWOOD WELL SITE: Part of the Northeast 1/4 of Section 26, T1 N, R7E, Township of
Lyon, Oakland County, Michigan, more particularly described as commencing at the North 1/4
corner of said Section 26; thence S 89°26'25" W 126.62 -ft., along the North line of said Section
26 and centerline of Ten Mile Rd. to the Easterly right of way of "Country Club Drive", as recorded
in Liber 13335, Pages 418 through 420 inclusive, Oakland County Records; thence the following
courses along the Easterly right of way of "Country Club Drive"; thence S 003335" E 140.19-ft.;
thence 403.17-ft along a curve to the left, said curve having a radius of 350.00-ft., a central angle
of 66°00'00" and a chord bearing and distance of S 33°33'35" E 381.25-ft. and S 23°26'25" W
20.00-ft. and S 66°33'35" E 297.14-ft. and 770.74-ft. along a curve to the right, said curve having
a radius of 480.00-ft., a central angle of 92°00'00" and a chord bearing and distance of S
20°33'35" E 690.57-ft. and S 25'26'25" W 172.5-ft. and 53.07-ft along a curve to the left, said curve
having a radius of 420.00-ft., a central angle of S T14'23" and a chord bearing and distance of
S 21°49'14" W 53.03-ft,, along the Easterly right of way of said "Country Club Drive" to the Point
of Beginning; thence S 714758" E 186.26-ft.; thence S 01'48'10" E 159.91-ft.; thence S 681138"
W 186.26-ft to the Easterly right of way of said "Country Club Drive"; thence 293.26-ft. along a
curve to the right, said curve having a radius of 420.00-ft., a central angle of 4000'24" and a chord
bearing and distance of N 01'48'10" W 287.34-ft., along the Easterly right of way of said "Country
Club Drive" to the Point of Beginning. Containing 1.01-ac. and subject to easements and
restrictions of record if any. Tax Parcel No. 21-26-253-001.
WHEREAS the Charter Township of Lyon has requested that the subject well site parcels and all
related easements be conveyed to the township; and
WHEREAS, the subject parcels and related easements were acquired beginning in 1974 by the
former Oakland County Department of Public Works and subsequently by the Oakland County Drain
Commissioner for the sum of one dollar for the purpose of operating and maintaining local water wells and
water supply systems in Lyon Township; and
WHEREAS, the Drain Commissioner has been reimbursed all maintenance and operational
expenses by Lyon Township; and
WHEREAS, the departments of the Oakland County Drain Commissioner and Facilities
Management having reviewed the request to convey the property to Lyon Township have no objections
to the conveyance; and
WHEREAS, the Oakland County Drain Commissioner will continue to operate these facilities as
a part of its operation and maintenance of the Lyon Township Water Supply System in accordance with
the terms and conditions of an agreement entitled "Charter Township of Lyon Water Supply System
Operation and Maintenance Agreement"; and
WHEREAS, all necessary documentation has been prepared and/or reviewed by Oakland County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related
to the original acquisition and subsequent use of the subject property and in consideration of the health,
safety and welfare value that such conveyance will afford the citizens of Lyon Township, the Oakland
County Board of Commissioners hereby waive the Provisions of Board Rule XI, 0, 7 (Appendix C) and
approve the conveyance of the above described parcels, inclusive of water wells, well houses, easements
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 necessary property transfer documents.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioner hereby authorizes
its Chairperson or designee to execute an agreement entitled "Charter Township of Lyon Water Supply
System Operation and Maintenance Agreement" subject to the final approval of Oakland County
Corporation Counsel.
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 Molnar absent
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that the County of Oakland, a Michigan Constitutional
Corporation (Grantor) whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 hereby Quit
Claims to the Charter Township of Lyon (Grantee) whose address is 58000 Grand River Ave., New Hudson,
Michigan 48165, the following described well site premises, inclusive of water wells, well houses and related
appurtenances situated in the Township of Lyon. County of Oakland, State of Michigan, to-wit:
Description of the Well Sites
KENSINGTON PARK APARTMENTS WELL SITE: Part of the Northwest 1/4 of Section 5, TIN, R7E,
Township of Lyon, Oakland County, Michigan, described as: Beginning at a point distant N 62°07'35" E, 1852.95-
ft. from the West 1/4 corner of said Section 5, said Point of Beginning also being distant N 00°3152" E, 862.09-ft.,
along the North and South 1/4 line, and N 86°59'00" W, 1020.0-ft. from the center post of said Section 5; thence N
0003152" E, 200.49-ft.; thence S 86°59'00" E, 197.78-ft.; thence S 41°59'00" E, 82.84-ft.; thence S 00°31'52" W,
141,86-ft.; thence N 86°59'00" W, 253.8I-ft. to the Point of Beginning. Containing approximately 1.13-ac.
Subject to a right of reversion as described in Liber 6264, Page 104, Oakland County Records. Tax Parcel No. 21-
05-176-020,
CARRIAGE CLUB SUBDIVISION WELL SITE: A parcel of laud being part of the Northwest 1/4 of Section
21, T1N, R7E, Lyon Township, Oakland County, Michigan. Commencing at the West 1/4 corner of Section 21,
TIN, R7E, Lyon Township. Oakland County, Michigan; thence S 89°22'16" E, 246.22-ft.; thence N 00°31'20" E,
6.99-ft. to the Point of Beginning; thence S 89'1548" E, 236.11-ft.; thence N 29°3727" E, 225.13-ft.; thence 5447-
ft. along an arc of a curve to the right having a radius of 60.00-ft., central angle of 52 0 0054" chord bearing of N
000 0322" E, 52.62-ft.; thence N 39°30'28" W 235.93-ft.; thence S 74'2910" W 234.71-ft.; thence S 22°29'34" W
196.64-ft.; thence S 29°39'58" E 210.44-ft. to the Point of Beginning. Containing 3.23-ac and subject easements
and restrictions of record if any. Tax Parcel No. 21-21-100-037.
TANGLEWOOD WELL SITE: Part of the Northeast 1/4 of Section 26, TIN, R7E, Township of Lyon, Oakland
County, Michigan, more particularly described as commencing at the North 1/4 corner of said Section 26; thence S
89°26'25" W 126.62-ft., along the North line of said Section 26 and the centerline of Ten Mile Rd. to the Easterly
right of way of "Country Club Drive', as recorded in Liber 13335, Pages 418 through 420 inclusive, Oakland
County Records; thence the following courses along the Easterly right of way of "Country Club Drive''; thence S
00°33'35" E 140.19-ft.; thence 403.17-ft. along a curve to the left, said curve having a radius of 350.00-ft., a central
angle of 66°00'00" and a chord bearing and distance of S 33°33'35" E 381.25-ft. and S 23°26'25" W 20.00-ft. and S
6603335" E 297.14-ft. and 770.74-ft, along a curve to the right, said curve having a radius of 480.00-ft., a central
angle of 92°00'00" and a chord bearing and distance of S 20'33'35" E 690.57-ft. and S 25°2625" W 172.5-ft. and
53.07-ft. along a curve to the left, said curve having a radius of 420.00-ft., a central angle of 07°14'23" and a chord
bearing and distance of S 21°49'14" W 53.03-ft., along the Easterly right of way of said "Country Club Drive" to
the Point of Beginning; thence S 71°47'58" E 186.26-ft.; thence S 01°48'10"E 159.91-ft.; thence S 68'1138" W
186.26-ft. to the Easterly right of way of Said "Country Club Drive"; thence 293.26-ft. along a curve to the right,
said curve having a radius of 420.00-ft., a central angle of 40'00'24" and a chord bearing and distance of N
STATE OF MICHIGAN
COUNTY OF OAKLAND
By:
Bill Bullard, Jr., Chairperson
01°48'10" W 287.34-ft., along the Easterly right of way of said "Country Club Drive" to the Point of Beginning.
Containing I .01-ac. and subject to easements and restrictions of record if any. Tax Parcel No, 21-26-253-001.
For the sum of $1.00 together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining. Subject to existing building and use restrictions, easements and zoning
ordinances if any.
"This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural
and management practices which may generate noise, dust, odors and other associated conditions may be used and
are protected by the Michigan right to farm act,- The grantor grants to the grantee the right to make all divisions
under Section 108 of the Land Division Act, Public Act 591 of 1996.
County of Oakland, a Michigan Constitutional
Corporation
The foregoing instrument was acknowledged before me in Oakland County, Michigan this day of
2005, by Bill Bullard, jr., Chairperson, Oakland County Board of Commissioners.
Drafted by: Michael Hughson
Oakland County Dept. of Facilities Mgt.
One Public Works Drive
Waterford, Michigan 48328
After recording return to: Grantee.
Michael D. Hughson, Notary Public
Oakland County, Michigan acting in Oakland
County, Michigan.
My commission expires: 5/5/2008.
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Resolution #05010 January 27, 2005
Moved by Palmer supported by Molnar the resolution be referred to the Finance Committee. The Chairperson
stated there being no objections, so ordered.
FISCAL NOTE (MISC. #05010) February 17, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: OAKLAND COUNTY DRAIN COMMISSIONER AND DEPARTMENT OF FACILITIES
MANAGEMENT - TRANSFER OF COUNTY OWNED PROPERTY TO THE CHARTER TOWNSHIP
OF LYON, TAX PARCELS NOS. 21-05-176-020, 21-21-100-037 AND 21-26-253-
001; AND APPROVAL OF CONTRACT FOR OPERATION AND MAINTENANCE OF THE
CHARTER TOWNSHIP OF LYON WATER SUPPLY SYSTEM
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. This resolution approves the conveyance of County-owned Tax
Parcels Nos. 21-05-176-020, 21-21-100-037 and 21-26-253-001 to
the Charter Township of Lyon for the sum of $1.00.
2. The parcels and related easements were originally acquired for
the sum of $1.00 for the purpose of operating and maintaining
local water wells and water supply systems in Lyon Township.
3. The conveyance of these three parcels, inclusive of water
wells, well houses, easements and related appurtenances to
Lyon Township will relinquish Oakland County from any further
liabilities to the properties.
4. Oakland County Drain Commissioner has no objections to the
conveyance of these properties to Lyon Township.
5. Oakland County Corporation Counsel will approve an agreement
entitled " Charter Township of Lyon Water Supply System
Operation and Maintenance Agreement" to allow Oakland County
Drain Commissioner to continue the operation and maintenance
of these Water Systems at Lyon Township's expense.
6. The infrastructure asset and related accumulated depreciation
will be removed from the Water and Sewer Enterprise Fund.
Eventhough the parcels and related easements were acquired for
the sum of $1.00, a value was assigned to the infrastructure
asset to record the asset and was offset by contributions
revenue. There is no cash related loss as a result of the
property transfer. The following budget amendment is
recommended:
WATER AND SEWER TRUST FUND (701)
61-227322-22800-1654 Loss on Sale of Equip.
61-227323-22800-1654 Loss on Sale of Equip.
61-227322-22800-8005 Change in Fund Equity
61-227323-22800-8005 Change in Fund Equity
$ 53,946.30
$1,704,278.10
($ 53,946.30)
($1,704,278.10)
-0-
FINANCE COMMITTEE
77/
FINANCE COMMITTEE COMMITTEE
Motion carried unanimously on a roll call vote with Palmer absent.
Resolution #05010 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 HEREBY APPROVE THE FOREGOING RESOLUTION
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 J15finson, County Clerk