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August 18, 2005
MISCELLANEOUS RESOLUTION #05164
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT— RECOMMENDATION TO GRANT
EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE DETROIT EDISON
COMPANY — OAKLAND COUNTY TRUSTY CAMP PROPERTY (TAX PARCEL NO. 14-03-
100-028)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Oakland County Trusty Camp
located in the City of Auburn Hills; and
WHEREAS, the Oakland County has received a request from Sprint Spectrum, LLC to
grant a 15-ft. wide by 130-ft. long easement for overhead electric service to the Detroit Edison
Company for the sum of $5,000, which will be paid by SprintSpecturm, LLC, and
WHEREAS, the Oakland County Departments of the Sheriff and Facilities Management
and the Detroit Edison Company have agreed upon a route for the said overhead electric service,
which will satisfy the Sprint request and cause no damage or disruption of services at the Oakland
County Trusty Camp property, 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 authorizes and approves the granting of the attached easement for overhead electric
service to the Detroit Edison Company for the sum of five thousand dollars, which will be paid by
Sprint Spectrum, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or designee to execute the attached easement for overhead electric
service.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLAN , G AND BUILDING COMMITTEE
or 00,
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote with Woodward absent
Oakland County Department of Facilities Management
August 9, 2005
Request to Grant Easement to Detroit Edison Company
Trusty Camp Property
Parcel Nos. 14-03-100-028
Background
The Department of Facilities Manaoement has received a request from Sprint Spectrum, LLC to
grant a 15-ft. wide by 130-ft. lone easement to the Detroit Edison Company for overhead electric
service near the south property line of the Oakland County Trusty Camp property. The purpose
of the easement is to provide electric service from an existing power pole located on the Trusty
Camp property to the adjoining property to the south. Sprint Spectrum is proposing to locate
new wireless communication equipment on an existing Detroit Edison tower south of the Trusty
Camp. Electric service is required to operate the wireless equipment. Sprint Spectrum has
offered the sum of $5,000 for granting the easement. The proposed easement is located beneath
or adjacent to the existing Detroit Edison electric tower corridor right of way, which presently
runs north/south through the Trusty Camp property.
The Departments of Facilities Management and Sheriff have inspected the site and have no
objections to granting the easement.
The Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the subject easement. Further, the
Department of Facilities Management has estimated the value of the subject easement and has
deemed the offer to be reasonable.
Recommendation
It is the recommendation of the Departments of the Sheriff and Facilities Management that the
Oakland County Board of Commissioners approve the granting of the attached easement for
overhead electric service to the Detroit Edison Company for the sum of five thousand dollars.
Mh8/1/05
GRANT OF NON-EXCLUSIVE OVERHEAD EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 613053)
THIS EASEMENT IN GROSS at the Oakland County Trustee Camp, is granted this- day
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 overhead 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 overhead electric utility line facilities and related appurtenances:
1. Parcel Number: 14-03-100-028 (part).
2. Grantor's Land is located in the City of Auburn Hills, Oakland County, Michigan described
as Beg. at the N 1/4 corner of said Section 3, th 302°46'00"E 933.74-ft. th N86°19'55"W 60.38-ft.
th NO2°46'00"W 867.16-ft, th 387°24'55"W 1250.24-ft. th S00°24'37"E 395.90-ft. th along a curve
to the right, radius of 660-ft., chord bears S08°49'23"E 92.07-ft. a distance of 92.15-ft., th
SO4°49'24"E 110.00-ft. th along a curve to the left, radius of 540-ft., chord bears S13°56'18"E
171.09-ft., a distance of 171.81-ft., th N87°24'55"E 285.80-ft., th S02°14'49"E 672.28-ft. th
S87°11'43"W 1658.49-ft. th NO2°24'16"W 600.62-ft., th N89°14'10"E 200.46-ft., th N23°54'20"E
278.92-ft, th N60°26'20"E 200.79-ft., th N86°53'10"E 46.76-ft., th N53°59'35"E 177-ft., th
N18°22'20"E 277.49-ft., th N00°07'20"W 118.52-ft., th NO2°24 1 10"W th N87°24'55"E 1849-
ft. to the point of beg. Excepting therefrom the following described property: Commencing at the
North% corner of said Section 3 thence proceeding S02°46'00"E 60-ft. to the Point of Beginning;
th S02°46'00"E 873.74-ft., th N86°19'55"W 60.38-ft., th NO2°46'00"W 867.16-ft., th N87°34'55"E
60-ft. to the point of beginning. Also known as part of the Oakland County Trusty Camp.
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 overhead 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.
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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 overhead 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 cross for the construction, operation, maintenance,
replacement and removal of said overhead electric utility line facilities and related appurtenances,
as shown on the attached drawing no. RFVV613053.
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 overhead 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, requ ired 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 anyaileged 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 Employers 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 municipal 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 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
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 Hughscn. Oakland County Department of Facilities t+/----acemertt, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Mardi Romanski, Detroit Edison Company, 1970 Orchard Lake Road, Sylvan Lake, Mi, 48320.
Md7/14/05///JFR 8/1/05.
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FISCAL NOTE (M.R. #05164) September 1, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT
EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY -
OAKLAND COUNTY TRUSTY CAMP PROPERTY (TAX PARCEL NO. 14-03-100-028)
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. Oakland County has received a request from Sprint Spectrum,
LLC to grant an easement to the Detroit Edison Company for
overhead electrical service near the south property line of
the Oakland County Trusty Camp property.
2. The purpose of the easement is to provide electrical
service from an existing power pole located on Trusty Camp
property to adjoining property to enable Sprint Spectrum to
operate wireless communication equipment.
3. The resolution authorizes and approves the granting of an
easement for overhead electric service to the Detroit
Edison Company for the sum of $5,000, which will be paid by
Sprint Spectrum, LLC.
4. The $5,000 payment from Sprint Spectrum to the County for
the granting of the easement will be receipted in the
Facilities Maintenance & Operations Fund, account *14-
172000-30000-0487.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
C ti-L-cf(
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote.
4 a „
Resolution #05164 August 18, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
4" •
A
Resolution #05164 September 1, 2005
Moved by Nash supported by Long the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, C oulter, C rawford, D ouglas, G ershenson, G regory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
N'PROJEqlf GOI swniou
L fid lac(
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 September 1, 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 1st day of September, 2005.
Ruth—JohrisZn, County Clerk