HomeMy WebLinkAboutResolutions - 2006.07.20 - 28150June 15, 2006
MISCELLANEOUS RESOLUTION #06126
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT AND PARKS AND RECREATION
COMMISSION — RECOMMENDATION TO GRANT EASEMENT FOR
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY —
ORION OAKS COUNTY PARK (TAX PARCEL NO. 09-17-200-003)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Orion Oaks County Park located in
Orion Township; and
WHEREAS, the Oakland County Parks and Recreation Commission is in the process of
constructing a new parking lot and restroom facility at Orion Oaks County Park; and
WHEREAS, electric service to the new restroom is proposed to be provided from Joslyn
Road south of Clarkston Road; 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 site.
WHEREAS, the Detroit Edison Company has requested that the County grant a 15-ft. by
261-ft. easement for underground electric service; 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 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 a unanimous roll call vote
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. (
THIS EASEMENT IN GROSS at Orion Oaks County Park, is granted this day of
2006 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: 09-17-200-003 (part).
2. Grantor's Land is located in the Township of Orion, Oakland County, Michigan described as
PART OF SECS 16, 17, 20 & 21, 14N, R10E, Orion Twp., Oakland County, Michigan. BEG AT N 1/4
COR OF SEC 17, TH S 01-48-53 E 1297.21 FT, TH S 88-46-31 W 2068.08 FT, TH S 02-02-39 E 150
FT, TH S 88-46-45 W 384.54 FT, TH S 01-53-20 E 1107.87 FT TO W 1/4 COR OF SEC 17, TH ALG
CEN LI OF BALDWIN RD S 39-59-59 E 805.88 FT & S 37-39-00 E 200 FT & S 37-28-45 E 200 FT & S
27-24-45 E 200 FT & S 17-53-00 E 200 FT & S 07-27-00 E 200 FT & S 03-03-00 E 200 FT & S 00-51-13
E 214.36 FT & S 03-08-18W 120.69 FT & S 03-08-34 W 67,45 FT & ALG CURVE TO LEFT, RAID 600
FT, CHORD BEARS S 08-32-16 E 242.95 FT, DIST OF 244.64 FT & S 20-13-06 E 988.63 FT, TH N 69-
44-27 E 102.73 FT, TH N 66-07-25 E 126.18 FT, TH N 62-30-23 E 1527.68 FT, TH ALG CURVE TO
RIGHT, RAD 1800 FT, CHORD BEARS N 87-56-59 E 1546.63 FT, DIST OF 1598.66 FT, TH S 66-36-24
E 355.05 FT, TH ALG CURVE TO LEFT, RAD 1200 FT, CHORD BEARS S 78-59-59 E 516.44 FT, DIST
OF 520.52 FT, TH N 88-34-26 E 2647.97 FT, TH S 04-52-57 E 178.65 FT, TH ALG WLY LINE OF
JOSLYN RDALG CURVE TO RIGHT, RAD 1492.40 FT, CHORD BEARS N 12-08-35 E 366.75 FT, DIST
OF 367.68 FT & N 19-12-03 E 1125.01 FT & ALG CURVE TO LEFT, RAD 1849.86 FT, CHORD BEARS
N 04-12-03 E 957.56 FT, DIST OF 968.63 FT & N 10-47-55W 1450.91 FT & ALG CURVE TO RIGHT,
RAD 2924.79 FT, CHORD BEARS N 06-07-53 W 476.02 FT, DIST OF 476.56 FT & N 01-27-27 W
1318.48 FT, TH S 87-43-42 W 239.14 FT, TH N 02-16-19W 60 FT, TH S 87-43-42 W 426.82 FT TO N
114 COR OF SEC 16, TH S 87-08-16W 2625.03 FT TO NE COR OF SEC 17, TH S 87-18-07W 2428.30
FT TO BEG EXC N 60 FT OF NW 1/4 OF SD SEC 16,ALSO EXCN 60 FT OF W 426.82 FT OF NE 1/4
OF SEC 16 TAKEN FOR CLARKSTON RD, ALSO EXC THAT PART TAKEN FOR WIDENING OF
BALDWIN RD LYINGIN SECS 17 & 20 876.93 Ac., also known as part of the Orion 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, 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 gross for the construction, operation, maintenance,
replacement and removal of said underground electric utility line facilities and related appurtenances,
as shown on the attached drawing and as described in Exhibit A.
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 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 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 in Oakland County, Michigan this
day of 2006, 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 2006,
by jor and on behalf of the Detroit
Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226.
Notary Public
Drafted by: Michael Hughson, Oakland County Department
Dr., Waterford, Michigan, 48328.
of Facilities Management, One Public Works
Return to: Chanele Barnes, Detroit Edison Company, 1970
Md5/16/06.
Orchard Lake Road, Sylvan Lake, Mi. 48320.
EXHIBIT A
Description of 15-ft. wide Underground Easement.
BEG AT N 1/4 COR OF SAID SEC 16, T4N, R10E, Orion Twp., Oakland County, Michigan. TH N 87°43'42" E,
426.82', TH S 02°16'19" E, 60.00', TH N 87°43"42 E, 239.14', TH S 1°27'22" E, 960.46' TO THE POINT OF
BEGINNING OF SAID EASMENT, TH S 89°16'29" W, 260.73', TH S 0°43'31" E, 15.00', TH N 89°16'29" E, 261.11',
TH N 1°27'22"W, 15.00' TO THE POINT OF BEGINNING, CONTAINING .09 AC.
1/4 S 87'43'42:2_,V
6I FT
ORIO
2006 DOG PARK 111P1OVtMENTS
2310 CLARKSTON ROAD
LAKE OFZION, MC.4 tIGAN 48360
(248) 625-0877 (OFFICE)
0-18-06 REV PER DIE de OC won)
OA
87'43'42' sd
239.14D0 FT
PRCROSED ELECTRICAL TRANYORMER
PROPOSED MASONRY BLOCK RES1ROO1
(CURRINILY littER CONSTRUClION)
DTE EASErT\
SCALE 1" = 50'-0"
T & DESC3IPTIO\
K
PROF'ERTY DESCRIPTION
PARCEL 09-17-200-003
T4R R10E, SEC 16-17-20-21 PART CF SEC5 16, 17, 20 & 2111G AT N 1/4 CCR CF YC 17, TN 5 01-4E1-53 E 1297.21 Fr, 11 -1 S 88-46-31 V 2068.08 FT, TN 5
02-02-39 E 150 rr. TH 5 88-46-45 V 384.54 FT, 111 S 01-53-20 E 1107.87 FT TO V 1/4 COR CF SEC 17, 111 ALG CEN CF BALDVN RD 5 34-59-59 E
805,88 FT & S 37-39-00 E 200 FT & 37-28-45 E 200 FT & 5 27-24-45 E 200 FT & 5 17-53-00 E 200 FT & 5 07-27-00 E 200 FT & 5 03-03-00 E
200 Fr At 5 00-51-13 E 214.36 F7 St 5 03-08-18 V 120.69 FT & 5 03-08-34 V 67.45 FT SC ALG CUM TO LEFT, RAID 600 FT, CNORD BEARS 5 08-32-16 E
242.95 FT, DIST OF 244.64 FT & 5 20-13-05 E 98a.63 FT, Tli N 69-44-27 E 102.73 F7, 111 N 66-07-25 E 126.18 FT, 111 N 62-30-2.3 E 1527.68 FT, TN ALG
CURVE TO RIGHT, RAD 1800 Fr, CHORD BEARS N 87-56-59 E 1546.63 FT, 1)51 CF 1598.66 Fr, IN 5 66-35-24 E 355.05 FT, TN ALG CURVE TO LEFT, RAID 1200 FT,
CHORD BEARS 3 78-59-59 E 516.44 FT, DST CF 520.52 Fr, 111 N 88-34-26 E 2647.97 Fr, IN S 04-52-57 E 178.65 fl. 111 ALG WIT UNE OF DimRDALG
CURVE TO RIGHT, RAID 1492.40 F7, CHORD Bafts N 12-08-35 E 366.75 FT, DIST CF 367.68 FT & N 19-12-03 E 1125.01 FT & ALG OJRVE TO LEFT, RAID 1849.86 FT,
CHCRO BEARS N 04-12-03 E 957.56 Fr, DST CF 968.63 rr & N 10-47-55 V 1450.91 FT & ALG CURVE TO RCM, RAID 2924.79 FT, CHORD FEARS N 06-07-53 V
476.02 FT, DST Cf 478 56 FT de N 01- 27- 27 V 1318-18 Pt, 111 5 87-43-42 V 23934 FT, IN N 02-16-19 V 60 Fr, 111 5 67-43-42 V 426.82 FT TO N 1/4 COR
Cr SEC 16, 11-I S 87-08-16 V 2625.03 FT TO NE OOR CF SEC 17, TN 5 87-16-07 V 2428.30 FT TO EiEG EXC N 60 rr CF NV 1/4 CT SD SEC 16,ALSO EXCN 60
FT CF V 426.82 FT CF NE 1/4 CF SEC 16 TAKEN KR CLARKSTCN RD, ALSO EXC THAT PART TAKEN FCR VEDING OF BALDVIN RD L1INGIN SECS 17 & 20 676.93 A
13-5-93 CCRR
EASEMENT DESCRIPTION:
TAR, R1OE, SEC 16, BEG AT N 1/4 COR Cr SAID SEC 16, WI N 87'43'12" C. 426.62', 111 5 0216'19" E. 60.00', IN N 87'43"42 E, 23414', IN 5 1'2722" E, 960.46'
TO THE PONT CF BLGINNNG Cr SAD EASMENT, 111 S 89'16'29" V. 260.73', Mt 5 0'43'31 E, N Et936'2" C. 261.11% Th N 1'2122 V 15.00' TO TYE PONT Cr BEGINNING, CONTAINING .09 AC.
NCRTIL 1/4 CORNER
SECTION 16
BORE UNDO3 EXISTING EVERGREEN
DUFFER AND J351_111 ROAD TO DISTING
DIE 0 \45411EAT) LINES
(2) 4" SCH 40 ELEC. PVC CONDUIT
FOR DIE F'RLMARY SERVICE
(CURRENTLY INSTALLED BY OWNER)
PROPOSED GRAVEL PARKING LOT
CURRENTLY UNCER CONSTRUCTION -
PRCPOSED FUTURE 20'x2Er FAV1LION
EXISTING POVER POE
N 1'2122" V, 15 00'
15
5 89'16"21
260.73'
7XIJ
N 64.16"29' E
261.11
-x APPROX. 88.1'
15.0' UNDERGROUND
xzwi
EASEMENT
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LESIGN & CEVELOPMDIT
MICHAEL .1 DCONELLCR 31, RLA, A5LA
2800 VATKINS LAKE ROAD
VAltWCRD, rilatic.,AN 48328
(248) 858-4623 (0-110E)
(248) 85E1-1E63 (FAX)
ciannerlonm@co. °Maxi mi. us
Resolution #06126 June 15, 2006
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #06126) July 20, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND PARKS AND RECREATION -
RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO
THE DETROIT EDISON COMPANY -ORION OAKS COUNTY PARK (TAX PARCEL NO. 09-
17-200-003)
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 parking lot and restroom facility at
Orion Oaks County Park.
2. The resolution authorizes and approves the granting of an
easement to the site to the Detroit Edison Company for
underground electric service and related appurtenances for
the sum of one (1) dollar.
3. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Palmer absent.
Ruttif C151inty Clerk
Resolution #06126 July 20, 2006
Moved by Moss supported by Jamian the resolutions (with fiscal notes attached) on the Consent Agenda,
be adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
7/-1-1
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 July 20, 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 20th day of July, 2006.