HomeMy WebLinkAboutResolutions - 2005.09.01 - 27994Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote with Woodward absent
PLANN G AND BUILDING COMMITTEE
August 18, 2005
MISCELLANEOUS RESOLUTION 105165
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 — 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 in the process of
constructing a new golf course clubhouse at White Lake Oaks County Park; and
WHEREAS, electric service to the clubhouse is proposed to be provided from a new
transformer and power pole located north of the clubhouse; and
WHEREAS, the Detroit Edison Company has requested that the County grant a 15-ft. wide
by 24-ft. long easement for underground electric service; 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
clubhouse 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.
Oakland County Department of Facilities Management
August 9. 2005
Request to Grant Easement to Detroit Edison Company
White Lake Oaks County Park
Parcel Nos. 12-24-206-007
Etackrunred
The Oakland County Parks and Recreation Commission is in the process of constructing a new
golf course clubhouse at White Lake Oaks County Park. Electric power to the clubhouse is
proposed to be provided from a new transformer and power pole located north of the clubhouse
site. Therefore, the Detroit Edison Company has requested that the County of Oakland grant an
easement to Detroit Edison for electric power service.
The Oakland County Parks and Recreation Commission approved the granting of the easement
on August 3, 2005.
The Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the subject easement.
Recommendation
It is the recommendation of the Oakland County Parks and Recreation Commission and
Department of Facilities Management that the Oakland County Board of Commissioners approve
the granting of the attached easement for underground electric service to the Detroit Edison
Company for the sum of one dollar.
Mh7/27/05
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No.ei 5-440 5-2, 337
-\ THIS EASEMENT IN GROSS at White Lake Oaks County Park, is granted this-114-a 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 overhead electric utility line facilities and related appurtenances
with 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 electric utility
line facilities and related appurtenances:
1. Parcel Number: 12-24-200-007 (part).
2. Grantor's Land is located in the Township of White Lake, Oakland County, Michigan
described as That part of the Northeast 1/4 of Section 24, Town 3 North, Range 8 East, White Lake
Township, Oakland County, Michigan, described as; The Northeast 1/4 of Section 24 except beginning at
the North 1/4 corner of said Section 24; thence North 88°5159" East 110; thence South 00°37'29" West
305 feet; thence South 88°51'59" West 110 feet to the North/South % line; thence North 00°37'29" East
305 feet to the point of beginning. Also excepting part of the Northwest % of Section 24 describes as
beginning at a point distant South 00°37'29" West 305 feet from the said North 1/4 corner; thence South
00°37'29" West 2,318.36 feet; thence North 89°29'17" West 30-ft.; thence North 00°37'29" East
2,318.36-ft.; thence S 89°29'17" East 30-ft. to the point of beginning, containing 160.83 acres more or
less. Also known as part of the White Lake 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. archors, wir manhole, conduits, pipes, cables, transformers and accessories
without prior approval from Grantor e.rot for emergency repairs.
5. Grant of Easement in Gross: G.r ey grants and conveys to Grantee a 15-ft. wide non-
perpetual, ease-:-fent. for the construction, operation, maintenance.
replacement and removal of said L.ridargrotrid_eL%.ctric utility line facilities and related appurtenances,
as shown on the attached drawing no. RRN 51; 6 q413.1 .
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 Easement in Gross, 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 any alleged 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 Generai Labillty
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 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 Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Marci Romanski, Detroit Edison Company. 1970 Orc'-mai Lake Road, Sylvan Lake, Mi. 48320.
Md7/22/05///JR 8/1/05.
FISCAL NOTE (M.R. #05165) September 1, 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
- 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 Commission is in the process of
constructing a new golf course clubhouse at White Lake Oaks
County Park.
2. 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 for the new golf course clubhouse.
3, No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
(i c
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote.
Resolution #05165 August 18, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #05165 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, Douglas, G ershenson, G regory, Hatchett, Jamian, Kowall,
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).
ti art ArktitTli RitlieRESRUTION
or„ci lq)3 OA- (3c
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 Johii4on, County Clerk