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HomeMy WebLinkAboutResolutions - 2006.08.03 - 28073Resolution #06151 July 20, 2006 July 2, 2006 ' MISCELLANEOUS RESOLUTION # 06151 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY DEPARTMENTS OF AVIATION AND FACILITIES MANAGEMENT — RECOMMENDATION TO GRANT DEED RESTRICTION AMENDMENT; TAX PARCEL NOS. 13-16-101- 016 and 13-16-101-043, Waterford Township To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution No. 03088 of May 8, 2003 the County of Oakland conveyed via quit claim -deed parcel numbers 13-16-101-016 and 13-16-101-043 to the Charter Township of Waterford; and WHEREAS, due to the proximity of the property to the Oakland County International Airport certain deed restrictions were placed on the deed; and WHEREAS, the Charter Township of Waterford has requested that the deed restrictions be amended as to define building height at 18-ft. and property use so that the Township may proceed to sell the property; and WHEREAS, the Oakland County Airport Committee recommends granting the requested deed restriction amendments in return for the Township granting an avigation easement over the property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Deed Restriction Amendment and Avigation Easement, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached Deed Restriction Amendment and Avigation Easement to the Charter Townships of Waterford 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 Deed Restriction Amendment and Avigation Easement. 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 unanimously on a roll call vote. The Chairperson referred the resolution to the Finance Committee. There were no objections. DEED RESTRICTION AMENDMENT AND ASIIGAINDIR EASEMENT The Grantor, County of Oaldand, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, and Grantee, Charter Township of Waterford, whose address is 5200 Civic Center Drive, Waterford, Michigan 48329, under a Quit claim Deed dated May 27, 2003, and recorded April 6, 2004, at Liber 32706, page 176, of real property located in the Township of Waterford, County of Oakland, State of Michigan and legally described as Lots 21 and 70, Airport Subdivision, according to the plat thereof recorded in Liber 15, Page 40 of Plats, Oakland County Records, for and in consideration of the sum of One ($1.00) Dollar paid by Grantee to Grantor and other good and valuable consideration, hereby agree that the condition of the transfer as stated in the second paragraph of the Quit Claim Deed, is amended by deletion and replacement with a restriction and Avigation Easement that reads as follows: In order to avoid interference with traffic patterns of the Oakland County International Airport facility (hereinafter "Airport") owned by Grantor, no above ground structures more than one (1) story in height (for the purposes of this Amendment "one story" is defined as not exceeding eighteen feet above site grade) shall be erected, placed or maintained on the property. Grantee understands that the parcels covered by this quit claim deed have been identified as being impacted by the 65 DNL airport noise contour, and as such they are neither suitable for new residential development nor are they eligible for any noise mitigation measures under the provisions of the Airport's federally funded program. As further consideration for the Grantor agreeing to amend the deed referenced above, and in order for the Grantor to obtain and preserve for the use and benefit of the public a right of free and unobstructed use and passage for aircraft landing upon, taking off from, or maneuvering about the Airport, the Grantee, Grantee's heirs, executors, administrators, successors, and assigns (the terms heirs, executors, administrators, successors, and assigns are hereinafter included in the defined term "Grantee"), conveys and warrants to the Grantor, its successors and assigns (the terms successors and assign are hereinafter included in the defined term "Grantor"), a permanent and exclusive Avigation Easement for the free and unobstructed use and passage of all types of aircraft (as hereinafter defined) through the airspace over or in the vicinity of the Airport, with such use and passage to be unlimited as to frequency, type of aircraft, and proximity. Said easement shall be appurtenant to and for the benefit of the real property now commonly known as the Oakland County International Airport (Airport), including any additions thereto wherever located, hereafter made by the Grantor for the benefit of the Grantor, its successors, assigns, guests and invitees, including any and all persons, firms or corporations operating aircraft to or from the Airport. In furtherance of the said easement, the Grantee, for the considerations hereinabove set forth, does hereby covenant, both for itself and its heirs, executors, successors, administrators and assigns, that Grantee shall not hereafter use nor permit nor suffer use of the land first above described in such a manner as to create electrical interference with radio communication between the installation upon the Airport 'and aircraft; and/or, as to make it difficult for fliers or aircraft to distinguish between airport lights and other lights; and/or, as to result in glare in the eyes of fliers or affecting instruments in aircraft using said Airport; and/or, as to impair visibility in the vicinity of the Airport; and/or, as to otherwise endanger the landing, taking-off or maneuvering of aircraft in any manner whatsoever. There is hereby reserved to the Grantor the use of and the right to cause in and around said airspace and the airspace of the Airport generally such noise, vibration, fumes, dust and fuel particulates as may be inherent in the operation of aircraft now known or hereafter developed and used for navigation of, or flight in and through air, and for aircraft using said air space for landing at, taking off from, or operating on and around the Airport. The burdens and conditions described within this easement shall run with the land and be binding upon and enforceable against all successors in right, title, or interest to said real property. Grantee furthermore waives all damages and claims for damages caused or alleged to be caused by or incidental to such activities. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, and shall include, but is not limited to, jet aircraft, propeller-driven aircraft, civil aircraft, military aircraft, government aircraft, commercial aircraft, helicopters and/or variations thereof, and all other types of aircraft or vehicles of whatsoever nature or type now in existence or hereafter developed for the purpose of moving through the air or for transporting persons, property or things in and through the air. Grantee covenants that Grantee is the owner in fee simple of the Premises, and that at the time of signing this Deed Restriction Amendment and Avigation Easement, Grantee has full ownership rights and powers to convey this Easement free and clear from all other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatsoever kind or nature, and Grantee covenants with the Grantor, its successors, and assigns, to warrant and forever defend against all and every person or persons claiming any right or title adverse to the easement herein granted. Except as provided in this Easement, this Easement shall neither enlarge nor diminish any rights of either party existing prior to the date of this Easement as provided by law. Charter Township of Waterford County of Oakland By: By: Carl Solden, Supervisor Bill Bullard, Jr., Chairperson ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2006, by Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, for and on behalf of the County of Oakland. Notary Public County, Michigan My Commission Expires: Acting in Oakland County 2 ACKNOWLEDGMENT This instrument was acknowledged before me on the day of ,2006, by Carl Solden, Supervisor, Charter Township of Waterford, for and on behalf of the Charter Township of Waterford. Notary Public County, Michigan My Commission Expires: Acting in Oakland County Drafted by and when recorded return to: Gary L. Dovre„ Esq., 30903 Northwestern Hwy., P.O. Box 3040Farmington Hills, MI 48333-3040 Recording Fee: Tax Parcels Nos: 13-16-101-016 and 13-16-101-043 3 IVIttp L?ULpUI. Page 1 of iftribbiallbefitill2066.62)nlY )isclaimcr. The information provided in this system has been compiled from recorded deeds, plats, lax maps, surveys and other public records and data. It is not a legally recorded map •r survey and is not intended to be used as one. Users of this data are hereby notified that the information sources mentioned above should be consulted for verification of the iformation. Deed Restriction Amendment and Avigation Easement Parcel Nos. 13-16-101-016 and 13-16-101-043 East side of Airport Road at Airport Service Drive tp://land.oakgov.com/servlet/com.esri.esrimap.Esrimap?ServiceNarne=parcelView&ClientVersion=4.0... 612012006 FISCAL NOTE (M.R. #06151) August 3, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: OAKLAND COUNTY DEPARTMENTS OF AVIATION AND FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT DEED RESTRICTION AMENDMENT - TAX PARCEL NOS. 13-16-101-016 AND 13-16-101-043, WATERFORD TOWNSHIP 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. Pursuant to Miscellaneous Resolution #03088, the County conveyed via quit claim deed parcel numbers 13-16-101-016 and 13-16-101-043 to Waterford Township. 2. Certain deed restrictions were placed on the deed due to the proximity of the property to the Oakland County International Airport. 3. Waterford Township has requested the deed restrictions be amended to define building height and property use to allow the Township to sell the property. 4. The Oakland County Airport Committee recommends granting the requested deed restriction amendments in return for the Township granting an avigation easement over the property. 5. The resolution authorizes and approves the granting of a Deed Restriction Amendment and Avigation Easement to the Charter Township of Waterford for the sum of one (1) dollar. 6. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE CA,c1( FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers and Woodward absent. Resolution #06151 July 20, 2006 The Chairperson referred the resolution to the Finance Committee. There were no objections. Ruth";JfifiiIsaft, County Clerk Resolution #06151 August 3, 2006 Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. 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 August 3, 2006, 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 3rd day of August, 2006.