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HomeMy WebLinkAboutResolutions - 2006.03.09 - 28212February 2, 2006 MISCELLANEOUS RESOLUTION # 06023 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY DEPARTMENT OF FACILITIES MANAGEMENT REQUEST TO GRANT RECIPROCAL CROSS ACCESS EASEMENT TO THE CITY OF ROCHESTER HILLS — 52-3 DISTRICT COURT (TAX PARCEL NO. 15-26-377-002) TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of 52-3 District Court and Sheriff Substation property located at 700 and 750 Barclay Circle in the City of Rochester Hills; and WHEREAS, Pursuant to the terms and conditions of the present sublease agreement between the County of Oakland and the City of Rochester Hills dated August 22, 2002 for the construction and leasing of the new Sheriff Substation located at 750 Barclay Circle the County is required to apply to the City for a parcel split to separate the courthouse property and the substation property; and WHEREAS, City has granted the parcel split subject to the County and the City granting a Reciprocal Cross Access Easement over the Courthouse and Substation properties. The purpose of the easement is to provide for common ingress and egress over the properties and for the construction, operation, maintenance and repair of the parking areas and driveways located on the properties; 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 Reciprocal Cross Access Easement to the City of Rochester Hills 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. 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 Middleton absent RECIPROCAL CROSS ACCESS EASEMENT Know all men by these presents, that the City of Rochester Hills, a Michigan Municipal Corporation Owner of Parcel "A" (Sheriff's Substation), whose address is 1000 Rochester Hills Drive, Rochester Hills, Michigan 48309 and the County of Oakland, a Michigan Constitutional Corporation Owner of Parcel "B" (Courthouse), whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 do hereby grant and convey a perpetual non-exclusive reciprocal easement for purposes of ingress, egress, construction, operation, maintenance and repair over the parking lot areas inclusive of secured parking areas and driveways to and from Barclay Circle for the consideration of ($1.00). Parcel "A" (Sheriff's Substation) is described as follows: Sidwell # 15-26-377-003. SEE ATTACHED SURVEY Parcel "B" (Courthouse) is described as follows: Sidwell # 15-26-377-002. SEE ATTACHED SURVEY Said easement area (s) parking areas and the driveway facilities therein will conform to the Site Plan approved by the City of Rochester Hills, and no changes or alterations in the easement or the driveway facilities on this site will be made without thc approval of the City of Rochester Hills. CITY OF ROCHESTER HILLS COUNTY OF OAKLAND Patricia A. Somerville, Mayor Bill Bullard Jr., Chairperson Oakland County Board of Commissioners Beverly A. Jasinski, City Clerk STATE OF MICHIGAN ) COUNTY OF OAKLAND) The foregoing instrument was acknowledged before me in Oakland County Michigan this day of 2006, by Patricia A. Somerville, Mayor and Beverly A. Jasinski, City Clerk of the CITY OF ROCHESTER HILLS, a Municipal Corporation, on behalf of said City. Notary Public, Oakland County, Michigan Acting in Oakland County My Commission Expires: STATE OF MICHIGAN ) COUNTY OF OAKLAND) The foregoing instrument was acknowledged before me in Oakland County, Michigan this day of 2006, by Bill Bullard, Jr., Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. Michael D. Hughson Notary Public, Oakland County, Michigan Acting in Oakland County My Commission Expires: 5/5/2008. MhI/17/2006 Drafted by and return to: Michael Hughson Oakland County Dept. of Facilities Mgt. One Public Works Dr. Waterford, MI 48238 SURVEY ARC=242.36' R=757.00 2,-18°20'391' CHORD=S00°46.27T 241.33' COURTHOUSE N89°49.447 524.73' [87;;;PARCE LB 6.9768 ACRES NENE, 4.11. TAX PARCEL 1011 15-26-377-001 OVERALL PARCEL 9.1965 ACRES SEE DETAIL "A' ea °44'27"W 299.14' c9; 10 lc, z- cz, c‘74 I "tv 299.14' (622) NE9°44 27 cm niel SHERIFF'S 01 SUBSTATICN I .4-1P P LO PlaB. PARCEL B 7. 4. (0 Ck-7 CO P.O.B. OVERALL PARCEL AND PARCEL A (6T) II ik) N13°46'35"E 40.27' Fe) (0 N. 191L W13°02'46”E 4280' (616) WI CZ, NOOP13'201- 71.34' 4r— AUBURN ROAD 120 FT. — N89°35'05't v S. LINE SEC. 26— ED 1740,00' tau N89°35'057 1586.22' WEST 1/4 CORNER OF SECTION 26 7.3N., R.11E. CITY OF ROCHESTER HILLS OAKLAND COUNTY, MI L.C.R.C. L.14992, P.095 SOUTHWEST 1/4 CORNER OF SECTION 26 T.3N., R.11E CITY OF ROCHESTER HILLS OAKLAND COUNTY, MI L.C.R.C. L.14992, P.096 SOUTHWEST CORNER OF SECTION 26 T.3N., RUE. CITY OF ROCHESTER HILLS OAKLAND COUNTY, MI L.C.R.C. L.14992, P.099 BASIS OF BEARINGS: WEST LINE OF SECTION 26 AND MEASURED AS NOO°10'16"W PER ATWELL—HICKS SURVEY DATED JULY 28, 2000 REVISED: MAY 25, 2005 SCALE 1" = 200' 230 400 DATE: 04-08-05 DATE: 01-01-05 SCALE: 1" = 200' SHEET: 1 OF 1 S89°49'44"W , S89 °49'44”W 196.58“ 246.15' 589°49'44"W 442.74' .1.4 "c) . (..4) "•-) ts, ON N: PARCEL A 22197 ACRES r Mt\ ULL M 22197 ACRES 010) ‘11(k\N 0O1 CE R 77, •;3()„m.e) WOG DeDEOCII ASSCOMRI, SPALDING DeDECKER ASSOCIATES, INC. ENGINEERS SURVEYORS 905 SOUTH BLVD. EAST ROCHESTER HILLS, MI 45337 PH: (248) 844-5400 FAX: (248) 844-5404 www.spaldingdedecker.com DRAWN: &CLARK CHECKED: P.O .ROURKE MANAGER: M.DeDECKER JOB No. SM02-145 SECTION 26 TOWN 3 NORTH RANGE 11 EAST CITY OF ROCHESTER HILLS OAKLAND COUNTY MI , sm02145\ dwo smo2,45PA rn-ms ,f1 d.4 nF , ri ors's. OF !Ate. ,EDWARD P. * ( '14. O'ROURKE PROFESSIONAL SURVEYOR .t\,\._ No. ' ti. i6937 PE SSIOIAC REVI snrovtrr 25. 2005 0 DATE: 01-01-05 SCALE: 1" --,- 200' SHEET: 4,30F it 3 LEGAL DESCRIPTION AS-FIELD SURVEYED BY SPALDING DeDECKER ASSOCIATES INC. APRIL, 2005. 'tt PARCEL A ("SHERIFF'S SUBSTATION") PT. OF #15- 26-377-40a/3 /1/1/0 A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 26, T.3N., R.11E., CITY OF ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN, IS DESCRIBED AS FOLLOWS: COMMENC NG AT THE SOUTHWEST CORNER OF SAID SECTION 26, THENCE ALONG THE SOUTH SECTION LINE (ALSO BEING THE CENTERLINE OF AUBURN ROAD N89°35'05"E (RECORDED AS N89°35'00"E) 1740.00 FEET; THENCE ALONG THE WESTERLY LINE OF BARCLAY CIRCLE (VARIABLE WIDTH) THE FOLLOWING SIX (6) COURSES: 1) N00°25'00"W 260.04 FEET (RECORDED AS 260.00 FEET); 2) NOO°13'20"E 71.34 FEET; 3) N13°02'46"E 42.80 FEET; 4) N13°46'35"E 40.27 FEET; 5) N05°21'35"E 337.16 FEET AND 6) N08°23.54"E 227.76 FEET TO THE POINT OF BEGINNING; THENCE S89°49'44"W 246.15 FEET; THENCE NOD°05'32"W 354,43 FEET; THENCE N89°44'27"E 299.14 FEET; THENCE ALONG THE WESTERLY LINE OF BARCLAY CIRCLE (86 FEET WIDE), S08 °23'50"W 358.90 FEET TO THE POINT OF BEGINNING. CONTANING 2.2197 ACRES SUBJECT TO AND TOGETHER WITH ALL EASEMENTS. EXCEPTIONS, CONDITIONS. RESERVATIONS AND RESTR,CTIONS CONTAINED IN PRIOR CONVEYANCES OF RECORD OR OTHERWISE. LEGAL DESCRIPTION AS-FIELD SURVEYED BY SPALDING DeDECKER ASSOCIATES INC. APRIL, 2005. PARCEL B ("COURTHOUSE") PT. OF #15-26-377-60:1-a72- A/4'1( A D ARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 26, T.3N., R.11E., CITY OF ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN, IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26, THENCE ALONG THE SOUTH SECTION LINE (ALSO BEING THE CENTERLINE OF AUBURN ROAD, N89°35'05"E (RECORDED AS N89°3500"E) 1740.00 FEET; THENCE ALONG THE WESTERLY LINE OF "BARCLAY CIRCLE" (VARIABLE WIDTH) THE FOLLOWING SIX (6) COURSES: 1) NOO°25'00"W 260.04 FEET (RECORDED AS 260.00 FEET); 2) NCO°13'20"E 71.34 FEET; 3) N13002'46"E 42.80 FEET; 4) N13°46 .35"E 40.27 FEET; 5) N05°21'35"E 337,15 FEET AND 6) N08°23'54"E 586.66 FEET 70 THE POINT OF BEGINNING; THENCE 589°44'27"W 299.14 FEET; THENCE 500°05'32"E 354.43 FEET; THENCE 589°49'44"W 196.58 FEET; THENCE NOO°10'16"W 802.36 FEET; THENCE N89°49' 44"E 524.73 FEET; THENCE ALONG THE WESTERLY LINE OF BARCLAY CIRCLE (86 FEET WIDE), THE FOLLOWING TWO (2) COURSES: 1) 242.36 FEET ALONG A CIRCULAR CURVE TO THE RIGHT (HAVING A CENTRAL ANGLE OF 18°20'39" ' A RADIUS OF 757.00 FEET AND A CHORD BEARING SOO°46'27"E 241.33 FEET (RECORDED AS SOO°46'23"E 241.32 FEET) AND 2) 308°23'50"W 208.47 FEET TO THE POINT OF BEGINNING. CONTAINING 6.9768 ACRES SUBJECT TO AND TOGETHER WITH ALL EASEMENTS, EXCEPTIONS, CONDITIONS, RESERVATIONS AND RESTRICTIONS CONTAINED IN PRIOR CONVEYANCES OF RECORD OR OTHERWISE. SURVEYOR'S STATEMENT I. EDWARD P. O'ROURKE, A LICENSED PROFESSIONAL SURVEYOR IN THE STATE OF MICHIGAN, HEREBY STATE THAT SPALDING DeDECKER ASSOCIATES HAS FIELD SURVEYED NE ABOVE DESCRIBED PROPERTY DURING APRIL 2005; THAT THE SURVEY AND DESCRIPTION COMPLY WTI-1 THE REQUIREMENTS OF P.A. 132, AS AMENDED; TI-IA 7 THE RATIO OF CLOSURE ON THE UNADJUSTED FIELD OBSERVATIONS IS WITHIN THE ACCEPTABLE LIMITS OF THE SURVEYING PROFESSION; THAT THERE ARE NO OBSERVABLE ENCROACHMENTS OTHER THAN AS SHOWN; AND THAT THE PROPERTY IS SUBJECT TO RIGHTS, INTERESTS, OR CLAIMS WHICH MAY OR MAY NOT BE SHOWN IN PUBLIC RECORDS. - EDWARD P. O'ROURKE PROFESSIONAL SURVEYOR No. 16937 CER 4'4 A I r_1 SPAILSC MINCKER MOM MC SPALDING DeDECKER ASSOCIATES, INC. ENGINEERS SURVEYORS 905 SOUTH BLVD. EAST ROCHESTER HILLS, MI 48307 PH: (248) 844-5400 FAX: (248) 844-5404 www.spaldingdedecker.com DRAWN: S.CLARK DATE: 04-08-05 CHECKED: . MANAGER: M.DeDECKER JOB No. SM02-145 SECTION 26 TOWN 3 NORTH RANGE 11 EAST CITY OF ROCHESTER HILLS OAKLAND COUNTY, MI J \StA sn1021 45 \ dwg 5M021 45PA.dwg 5/25 /2095 12:18:44 PM U.,7 DETAIL "A" vi/ PARCEL B PARCEL A (COURTHOUSE) V ,e. (SHERIFF'S SUBSTATION) Z NOT TO SCALE 001 CERT/ s!§) limimi=6 Amount ••,c SPALDING DeDECKER ASSOCIATES, INC. ENGINEERS SURVEYORS 905 SOUTH BLVD. EAST ROCHESTER HILLS, MI 48307 PH: (248) 844-5400 FAX: (248) 844-5404 www.snaldingdedecker.corn DRAWN: S.CLARK CHECKED: . MANAGER: M.DeDECKER JOB No. 5M02-145 SECTION 26 TOWN 3 NO CITY OF ROCHESTER HILLS DATE: 04-08-05 DATE: 01-01-05 SCALE: 1" = 200' SHEET: 2 OF *3 RTH RANGE 11 EAST OAKLAND COUNTY, MI \SM \sr., 021 4 5 \ d wg \ 5M 0 2145P A. dw g 5/25/2005 1 1:54.23 AM EDT FISCAL NOTE (MR #06023) March 9, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: OAKLAND COUNTY DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO GRANT RECIPROCAL CROSS ACCESS EASEMENT TO THE CITY OF ROCHESTER HILLS - 52-3 DISTRICT COURT (TAX PARCEL NO. 15-26-377-002) 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. Terms of the sublease agreement between Oakland County and the City of Rochester Hills for the Sheriff Substation require the County to apply to the City for a parcel split to separate Courthouse and Substation property. 2. The City of Rochester Hills has granted the parcel split subject to the County and the City granting a Reciprocal Cross Access Easement over the Courthouse and Substation properties. 3. The purpose of the easement is to provide for common ingress and egress over the properties and for the construction, operation, maintenance and repair of the parking areas and driveways located on the properties. 4. The resolution authorizes and approves the granting of a Reciprocal Cross Access Easement to the City of Rochester Hills for the sum of one (1) dollar. 5. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Finance Committee Motion carried unanimously on a roll call vote with Palmer, Crawford, Long and Zack absent. Resoiution #06023 February 2, 2006 The Chairperson referred the resolution to the Finance Committee. There were no objections. RLA 4otiristin, County Clerk 3//i /O , Resolution #06023 March 9, 2006 Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, (with accompanying reports being accepted) were adopted. 00,0•• I HEREBY APPROVE Tlf _FOREGOING RESOLOON 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 March 9, 2006, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the sea? of the County of Oakland at Pontiac, Michigan this 9th day of March, 2006,