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HomeMy WebLinkAboutResolutions - 2007.04.05 - 28344REPORT (MISC. 107056) April 5, 2007 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: MR #07056 — PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 52 ACRES OF LAND IN THE TOWNSHIP OF HIGHLAND TO ESTABLISH A NEW COUNTY PARK TO BE KNOWN AS HIGHLAND OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Miscellaneous Resolution #07056 on March 27, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION # 07056 March 22, 2007 BY: General Government Committee, Christine Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 52 ACRES OF LAND IN THE TOWNSHIP OF HIGHLAND TO ESTABLISH A NEW COUNTY PARK TO BE KNOWN AS HIGHLAND OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution No. 07016 of February 1, 2007, the County of Oakland entered into a Michigan Department of Natural Resources Trust Fund Agreement to receive a grant to reimburse Oakland County 40 percent of the acquisition cost of property to establish a new county park in Highland Township, Michigan to be known as HIGHLAND OAKS COUNTY PARK; and WHEREAS, pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with the Marie J. Parker Revocable Trust, for the purchase of approximately 52 acres of land in Highland Township; and WHEREAS, said Purchase Agreement was recommended for approval by the Oakland County Parks and Recreation Commission on March 8, 2007; and WHEREAS, the Oakland County Parks and Recreation Commission has budgeted sufficient funds from its land acquisition fund to complete the purchase of said property: and WHEREAS, pursuant to the terms and conditions of said Purchase Agreement, and in accordance with Michigan Natural Resources Trust Fund Agreement No. TF05-032, the County of Oakland shall pay the Marie J. Parker Revocable Trust the sum of $820,000 via a cash sale for the purchase of said property subject to the County performing its required due diligence investigation of the subject property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland as purchaser and Marie J. Parker Revocable Trust, seller for a cash sale purchase. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents between the County of Oakland and Marie J. Parker Revocable Trust, which may be required to complete the purchase of said property. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. $820,000 Earnest money deposit: $50,000. 2,000 4,000 2,400 (estimated) 7,052 None (included with other land) $835,452 Property tax proration Appraised value: $820,000 to $827,000. S. Oakland County Department of Facilities Management 3/13/2007 Approval and Acceptance Of Purchase Agreement 52-ac. Highland Oaks County Park On April 19, 2005 pursuant to the rules and procedures of the Oakland County Board of Commissioners the Oakland County Board of Commissioners Planning and Building Committee authorized staff to obtain appraisals and begin negotiations for the purchase of approximately 208-acres of land in Highland Township to establish a new county park. On February 1, 2007 pursuant to Miscellaneous Resolution No. 07016 the Oakland County Board of Commissioners approved and accepted a Michigan Natural Resources Land Trust Fund Agreement to receive a grant representing forty percent of the acquisition cost of the above property. The Departments of Parks and Recreation and Facilities Management with the assistance of County Corporation Counsel have negotiated the terms and conditions of the attached purchase agreement to acquire approximately 52-ac. of land in Highland Township for creation of a new county park. Proposed acquisitions costs are as follows: Oakland County expenses: Purchase Price: Phase I Environmental Assessment: Phase II Environmental Assessment: Title Insurance & Closing Property Transfer Tax Survey Estimated Total Cost: Seller expenses: Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund (60%) and DNR Land Trust Fund (40%). The purchase is conditioned upon receipt of a negative Environmental Assessment report, seller is to remove Protective Covenants and subject to final approval by the Oakland County Board of Commissioners. Seller/owner of record: The Marie J. Parker Revocable Trust, James Dulmage, Trustee of Dearborn, Michigan. It is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the attached purchase agreement. mdh PURCHASE AGREEMENT Project Number: TF05-032 THIS AGREEMENT made and entered into this day of 2007, by and between the MARIE J. PARKER REVOCABLE TRUST, 192 West Highland Road, Highland, MI 48357 (hereinafter "Seller") and the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of all right(s), title and interest inclusive of all mineral rights or mineral royalty interest in the real property, described below, located in the Township of Highland, County of Oakland, State of Michigan (hereinafter the "Premises"); said Premises described as: See Attached Exhibit "A" 1. PURCHASE PRICE/CONSIDERATION Subject to the adjustments and prorations provided for in this Agreement, the purchase price of the Premises shall be Eight Hundred Twenty Thousand Dollars and no/cents ($820,000.00) payable as follows: 1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Sellers Acceptance of this Agreement a draft in the amount of Fifty Thousand Dollars ($50,000.00) which Seller acknowledges as good and sufficient Consideration for accepting this Purchase Agreement. Said deposit shall be held by Metropolitan Title Company, 7805 Cooley Lake Road, Suite 300 West Bloomfield, Michigan 48324, (the "Title Company") in an interest bearing account. The deposit and the interest accrued shall be applied toward the purchase price at the time of closing or be disbursed to the Seller or the Purchaser in accordance with the terms of this Agreement. 1.2 Payment of Balance of Purchase Price. This is a cash sale. At the time of closing, after applying the earnest money deposit plus any accrued interest to the purchase price, the balance of the purchase price minus any costs adjusted at closing will be tendered to Seller by Purchaser or wired by Purchaser to Seller's bank, at Seller's option. 1.3 The Seller, under a separate agreement shall be responsible for and pay any broker or finder fee in connection with this transaction. 1.4 Purchase Contingency. The Seller hereby acknowledges that the Purchaser is engaged in the process of assembling several parcels of land for the creation of a county park. Therefore, the purchase of the premises is contingent upon the County of Oakland completing the purchase of the Highland Hye Company, LLC 1 property located adjacent to the premises. The Oakland County Board of Commissioners shall have 60 days from the date of purchase of the Highland Hye Company, LLC property to accept this Agreement on behalf of the County of Oakland. If the Oakland County Board of Commissioners does not accept this Agreement, then it shall be null and void, and the deposit and interest shall be returned to the Purchaser. 1.5 Due Diligence Contingency. This Purchase Agreement is contingent upon the Due Diligence requirements set forth in Section 5 of this Agreement, and its sub- paragraphs. 1.6 The seller(s) hereby acknowledges that a Michigan Department of Natural Resources Trust Fund Grant has provided partial funding for the purchase of the premises. 2. TITLE CONVEYED 2.1 Title to the Premises shall be conveyed at the Closing from Seller by warranty deed showing no encumbrances except existing easements of record or encumbrances accepted by Purchaser. 2.2 Upon execution of this Purchase Agreement by Seller, Seller agrees not to lease, assign, or grant a security interest or other lien that would encumber the Premises after Closing, and Seller warrants that any assignment, security interest or other lien that would encumber the Premises after Closing shall be satisfied out of the consideration transferred at the time of Closing. 3. TITLE INSURANCE The Purchaser will procure a commitment for an ALTA owner's form of title insurance policy, a copy of which will be delivered to Purchaser, which policy will be marked up as of Closing and be effective and certified through the date of recording of the title documents, in an amount not less than the purchase price, certified to a date later than the acceptance hereof, and guaranteeing fee simple absolute title in an insurable and marketable condition. Seller agrees to execute a standard form Owner's Affidavit at closing to assist in Purchaser's efforts to obtain coverage without standard exceptions. In addition to the representations and warranties contained in said Owner's Affidavit, Seller agrees to execute an affidavit indicating the following: (i) Seller is not on notice, whether actual or anticipated notice, of any pending claims against the Seller that would affect the sale of the property. (ii) There are no court orders prohibiting the sale of the property. 2 4. TITLE OBJECTIONS 4.1. Purchaser shall have twenty (20) days after receipt of the Title Policy to object to the condition of the title, based upon the written opinion of the Purchaser's attorney that the title is not marketable. Upon written notice by Purchaser to Seller that in the opinion of Purchaser's Attorney the title is defective, Seller shall have thirty (30) days from the date Seller is notified of the particular defect(s) claimed, to either (1) remedy the defects, or (2) obtain at its own cost and expense a substitute commitment for title insurance, insuring in a manner satisfactory to Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to remedy the defects or obtain a substitute commitment for title insurance within said period, Purchaser may at its sole option (1) waive said title defects and close subject to same; or, (2) defer the Closing until such time as the defect(s) can be remedied, if such defects can be remedied in a reasonable time; or, (3) terminate this Purchase Agreement. 5. DUE DILIGENCE INVESTIGATIONS The Purchaser will have 90 days after approval and acceptance of this offer by the Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due diligence property investigations in paragraphs 5.1 through 5.3. During the 90 day period, the Purchaser and its agents shall have access to the property in order to conduct the investigations listed below. If during the 90 or 180 day periods the Purchaser, in its sole discretion, gives written notice to Seller that it is not satisfied with the condition of the Premises as evidenced by the due diligence investigations, then Purchaser shall be entitled to the return of its earnest money deposit and any accrued interest thereon. 5.1 ALTA/ACSM boundary Survey of the property, paid for by Purchaser. In addition, Purchaser shall have fifteen (15) days from and after receipt of the survey to determine if the survey matches the property as described in the legal description. If in the written opinion of the Purchaser's attorney the survey does not match the property as described in the legal description, then upon written notice by Purchaser to Seller, Seller shall have thirty (30) days from the date Seller is notified of the particular defect(s) claimed, to remedy the defects. If the Seller fails to or cannot remedy the defects, Purchaser may at its sole option (1) waive said defects and close subject to same; or, (2) defer the Closing until such time as the defect(s) can be remedied; or, (3) terminate this Purchase Agreement. 5.2 Phase I Environmental Assessment. The Purchaser shall at its expense obtain a Phase I Environmental Assessment ("Phase 1") performed consistent with applicable ASTM standards. If the Phase 1 Report discloses no environmental 3 concerns, then the Parties will proceed to Closing pursuant to Section 6. If the Phase 1 reveals any contamination that would cause the property to be a Facility under Part 201 of the Michigan Natural Resources Environmental Protection Act, (MCL 324.20101et. seq.), hereinafter Part 201, then at the sole option of Purchaser, Purchaser may: (i) terminate this Agreement and receive back its deposit and any accrued interest; or (ii) it may commission a Phase II Environmental Assessment. Purchaser shall notify Seller within 15 days after receipt of the Phase I if it elects to terminate this Agreement for environmental reasons. If the Phase II discloses that the Premises is a Facility, and Purchaser elects to perform a Baseline Environmental Assessment (BEA), then Purchaser shall have an additional 180 days from the time it elects to perform a BEA to submit the BEA together with a Due Care Plan to the Michigan Department of Environmental Quality (hereinafter MDEQ) for a liability determination pursuant to Sections 20126 and 20129a of the Natural Resources and Environmental Protection Act. If the Purchaser receives an exemption of liability from the MDEQ and MDEQ accepts the Purchaser's proposed use of the Premises, then the parties will proceed to closing in accordance with paragraph 6. If Purchaser does not receive an exemption of liability from the MDEQ, or if MDEQ requires response activities to be performed, then at the sole option of Purchaser, Purchaser may: (i) terminate this Agreement and receive back its deposit and any accrued interest; or (ii) proceed to closing pursuant to Section 6. Nothing in this Agreement will prohibit the Parties from modifying or extending the date for Closing if such changes are necessary based upon environmental issues. Such modification or extension must be agreed to in a written addendum to this Agreement signed by both parties. 5.3 Any other investigations that the Purchaser, in its sole discretion, shall deem appropriate. 6. CLOSING. AND CLOSING DOCUMENTS. 6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and can comply with all of contingencies of sale described herein, the Purchaser agrees to complete the sale on or before July 31, 2007. 6.2 The Closing shall be held at the offices of a Title Company of Purchaser's choosing, or any other mutually convenient location agreed upon by the parties. 4 Purchaser, or the Title Company if Purchaser so elects, will prepare the necessary documents for signatures. 6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the Closing date, and shall prepare, or have prepared, and submit to Seller within five (5) days of Closing, all Closing documents required by Purchaser. 6.4 Seller will sign and deliver at Closing, a statutory form of a Warranty Deed conveying fee simple absolute title to the Premises inclusive of all minerals rights or royalties if any (pursuant to Michigan law) in the condition required by this agreement, and a Non-Foreign Persons Affidavit. These documents will have also been reviewed and approved by Purchaser. The Seller will pay any costs or fees required to remove or satisfy outstanding mortgages or other liens. 6.5 Purchaser will pay for the recording of the Deed, any notary fees and the property transfer tax (revenue stamps). 6.6 At Closing the Seller will sign an Affidavit of No Liens on the Title Company's standard form, sufficient to permit the Title Company to delete the standard Schedule B exceptions. 6.7 At Closing the Seller will sign a Certificate of Accuracy, regarding the Representations made by Seller in Section 12. 6.8 The Seller and Purchaser will sign and/or prepare any other documents necessary to complete the sale and transfer of the Premises. 6.9 Seller will provide to Purchaser an accounting of all rents and fees (if any) that pertain to the Premises and were paid to Seller for periods that extend beyond the date of Closing. Those rents that are for periods that extend beyond the date of Closing shall be prorated back to the date of Closing and Seller shall tender to Purchaser a cashiers check in the amount of those prorated rents, as well as for any other adjustments or charges as reflected by the Closing Statement. 6.10 Current property taxes shall be prorated on the due date basis of the taxing authority, on the basis of a three-hundred sixty-five (365) day year; Seller being responsible for taxes up to and including the date of closing. 7. POSSESSION. Purchaser shall have possession of the Premises at the end of Closing. 5 8. RIGHT OF ENTRY AND ACCESS While this Agreement is in effect, Purchaser and its employees and agents shall have the right to enter and access the Premises at reasonable times, with reasonable notice to the Seller and Owner, for the purpose of surveying, testing, environmental impact studies, site planning, and other such work as Purchaser deems necessary or desirable to determine the Premises' suitability for the conduct of Purchaser's business. However, in the event that this sale does not take place, then Purchaser, at its own expense, shall restore the property to substantially the same condition as exists on the date of this Agreement, to the extent such restoration is necessary due to Purchaser's actions. 9. DEFAULT OF SELLER. In the event Seller shall default in the performance of its obligations herein, the Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect to proceed under either 9.1 or 9.2, but not both: 9.1 Specifically enforce this Agreement and require specific performance of this contract by judicial decree; or, 9.2 Demand a refund of the entire earnest money deposit plus accrued interest. Return of the deposit shall terminate this Agreement, unless Purchaser has elected to enforce this Agreement as provided in 9.1. 10. DEFAULT OF PURCHASER. In the event the Purchaser shall materially default in the performance of its obligations herein, Seller may, in its sole discretion, elect to proceed under either 10.1 or 10.2, but not both: 10.1 Specifically enforce this Agreement and require specific performance of this contract by judicial decree; or, 10.2 Declare that the Purchaser has forfeited all rights hereunder and retain the earnest money deposit and interest as liquidated damages. The retention of the earnest money deposit and interest by Seller shall cancel this Agreement and be in full and final satisfaction of any and all claims that the Seller may bring against Purchaser, unless the Seller has elected to enforce this Agreement as provided in 10.1. 6 11. RISK OF LOSS No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in Section 13, Purchaser acknowledges that Seller (a) has made no representations or warranties whatever with respect to the property (with the exception of title), whether the property complies with any laws, and (b) the inspection rights set forth below are sufficient to enable Purchaser to inspect the property to determine that it is satisfactory to Purchaser. Accordingly, Purchaser is acquiring the property in it's "as is" condition, with all faults. 12. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution of this Agreement as follows: 12.1 The Seller has full authority to enter into and perform this Agreement in accordance with its conditions, without breaching or defaulting on any obligation or commitment that the Seller has to any third parties and will provide Purchaser with any necessary resolutions, waivers and consents, or other documents that verify Seller has the requisite authority, which documents can be attached hereto as Exhibit A. 12.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior to closing. 12.3 To Seller's actual knowledge, the legal description set forth in this Agreement is an accurate description of the Premises and does not include any adjacent or contiguous land owned by the Seller, or any third party. 12.4 To Sellers actual knowledge there are no leases, rights of first refusal, contracts, or other agreements of any kind with respect to the Premises, which would impair the Purchasers right to receive fee title absolute. 12.5 To Sellers actual knowledge there are no lawsuits, actions, or proceedings pending, or, to the best of the Seller's knowledge, threatened by any party, including governmental authorities or agencies, against or involving the Premises which would affect the Seller's ability to convey the Premises. 12.6 The Seller has no notice or knowledge of: (1) any planned or commenced public improvements that might result in special assessments or otherwise directly 7 and materially affect the Premises; (2) any government agency or court order requiring corrections of any existing conditions; any request by an insurer or a mortgagee of the Premises requiring correction of any existing conditions. 12.7 Seller has not used the Premises for the purpose of disposing of, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing or transporting Hazardous Materials. 12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any hazardous or toxic substances, wastes or materials, or flammable explosives, including, without limitation, those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources Environmental Protection Act, and all rules, regulations and policies promulgated thereto (collectively, the "Environmental Laws"). 13. WARRANTIES BY THE PURCHASER. The Purchaser warrants to the Seller as follows: (1) The Purchaser is a Michigan Municipal and Constitutional Corporation. (2) • The Purchaser has full authority and funding to enter into and perform this Agreement in accordance with its conditions, and will provide Seller with the pertinent resolution which will be attached as Exhibit B. 14. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this Purchase Agreement shall survive for two (2) years after Closing. 15. LIABILITY Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind, pertaining to the Premises prior to Closing, except those losses, claims, suits, causes of action, litigation, or other demands for damages, arising solely out of the acts of Purchaser or Purchaser's agent(s) 8 (3) while performing any surveys or due diligence inspections of the Premises prior to the Closing, and Seller shall be responsible for paying any and all judgments, damages awarded, costs and expenses (including attorney fees and court costs) and any other liabilities that result from any such alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind pertaining to the Premises prior to the Closing, except as noted above in this paragraph. 16. BINDING EFFECT. 16.1 The covenants herein shall be binding upon and inure to the benefit of the administrators and governing body of the parties, as well as any successor administrators or successor governing bodies of the parties. 16.2 This agreement is not binding until executed by both parties. 17. CONDEMNATION. In the event of the institution or proposal of institution of condemnation proceedings prior to Closing, Purchaser shall have the option, in its sole discretion, to terminate this Agreement and receive back the earnest money deposit and any accrued interest, or proceed to Closing. If Purchaser proceeds to Closing, Seller shall assign to Purchaser any and all of Seller's rights to any award or future award pertaining to the Premises, or shall pay to Purchaser any actual payment or award made to Seller as a result of the institution or proposal to institute condemnation. 18. NOTICE. Any notice, request, demand, consent, approval or other communication given hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, addressed to the other party at its address as set forth below: Seller: Marie J. Parker Revocable Trust, James Dulmage, Trustee 192 W. Highland Road Highland, Michigan 48357 Purchaser: Michael Hughson County of Oakland Department of Facilities Management 1 Public Works Dr. Waterford, Michigan 48328 Any party may, by notice given as aforesaid, change its address for any notice. Any notice by either party shall be sufficient if signed on behalf of said party by any elected or appointed official thereof. 9 19. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 20, CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan that are applied to contracts made and to be performed in this State. Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District Court, or the United States District Court for the Eastern District of Michigan, unless this paragraph violates any provision of the Michigan Court Rules, or the United States Code. 21. USE OF WORDS. The pronouns and relative words used in this Agreement shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the context requires. 22. SEVERABILITY. If a term, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, unenforceable, or to violate or contravene federal or state law, then the term, condition, or provision shall be deemed severed from this Agreement; all other terms, conditions and provisions shall remain in full force and effect. 23. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a further continuing waiver of a term, provision or condition of this Agreement 24. BINDING EFFECT. The terms and conditions of this Agreement shall be binding and shall inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. 25. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and supersedes all prior agreements, oral or written, between them. It may not be modified, changed or altered unless reduced to writing and signed by each of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESSED BY: PURCHASER: County of Oakland a Michigan Municipal And Constitutional Corporation Michael D. Hughson By: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners Date: , 2007. 10 WITNESSED BY: SELLER: MARIE J. PARKER REVOCABLE TRUST Seller's Acceptance By: James DuImage, Trustee The foregoing instrument was acknowledged before me in County, Michigan on this day of , 2007, Michigan by James Duimage, Trustee of the MARIE J. PARKER REVOCABLE TRUST, who acknowledged before me that he has taken all actions and secured any and all necessary approvals and authorizations and has the requisite authority from the Trust to bind the Trust to this Agreement. , Notary Public , Michigan acting in Oakland County, Michigan. My Commission expires: 2/22/2007 11 APPENDIX A Legal Description Parker Property 6555 N. Milford Road 11-03-200-001 Land in the Township of Highland, Oakland County, Michigan, described as follows: That part of the following described parcel of land lying Westerly of the centerline (as now located) of Milford Road: Part of the Northeast 1/4 of Section 3, Town 3 North, Range 7 East, Township of Highland, Oakland County, Michigan, described as follows: Beginning at the Northeast corner of said Section 3, thence South 89°17' West along the North line of said Section 3, 2,519.20-ft. to the East line of Pere Marquette Rail Road, thence South 00°04' West 895 ft. along said Rail Road line, thence North 89°22'East 2,520.20-ft. to the East line of Section 3, thence South 273.1-ft. along the line common to Section 2 and 3, thence North 88°02' East 2,812.70-ft. to the North and South quarter line of Section 2, thence North 00°39' East. 1,117.10- ft. along said quarter line to North line of Section 2, thence South 89°10' West 2,824.10 -ft. along the North line of Section 2 to the place of beginning. Containing 52-acres of land more or less. Mh6/3/06 12 Oakland County Parks & Recreation Highland Township Acquisition Target MNRTF05-032 1Feet 0 500 1,000 2,000 Tax parcels Acquisition Target Major Roads 1 Parker Property Acquisition Target - 52 Acre Upper Portion Highland Hye Acquisition Target - 208 Acre Lower Portion QIAKLAND Dom; Iii VA ;1 [fbi Map Created on Jan 11 2007 The information provided herewith has been compiled from recorded deeds, plats, tax maps, surveys and other public records It is not a legally recorded map or survey and is not intended to be used as one. Users should consult the information sources mentioned above when questions anse.' Resolution #07056 March 22, 2007 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC #07056) April 5, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: PARKS AND RECREATION COMMISSION- APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 52 ACRES OF LAND IN THE TOWNSHIP OF HIGHLAND TO ESTABLISH A NEW COUNTY PARK TO BE KNOWN AS HIGHLAND OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission along with the Oakland County Planning and Building Committee, Facilities Management and Corporation Council have negotiated a purchase agreement with the Marie J. Parker Revocable Trust for the purchase of approximately 52 acres of land in Highland Township. 2. The Oakland County Parks and Recreation Commission approved the Purchase Agreement on March 8, 2007. 3. Miscellaneous Resolution #07016 dated February 1, 2007 accepted a grant from the Michigan Department of Natural Resources Trust Fund to reimburse forty percent (40A) of the acquisition costs. The total purchase price is $820,000. 4. The Parks and Recreation Commission has designated local match (60%) in-kind funds in its 2007 Capital Improvement Projects Budget as coming from 14 mill Parks and Recreation Levy. 5. No budget adjustment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. I HEREBY APPROVE/THE FORE6OING RESOLUTION Ruth Johnson, County Clerk Resolution #07056 April 5, 2007 Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) be adopted (with accompanying reports being accepted). AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (23) NAYS: Kowa (1) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) were adopted (with accompanying reports being accepted). 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 April 5, 2007, 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 5th day of April, 2007.