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HomeMy WebLinkAboutResolutions - 2018.12.06 - 30944MISCELLANEOUS RESOLUTION #18447 December 6, 2018 BY: Commissioner Phillip Weipert, Chairperson, Planning and Building Committee IN RE: PARKS AND RECREATION — LAND DONATION BARTKUS PARCEL ADDED TO ADDISON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Parks and Recreation was contacted by Chuck Bartkus about his interest in donating a 2.2-acre parcel (05-34-277-008) on the north side of Addison Oaks County Park; and WHEREAS this donation is in conjunction with his sister, Cheryl Chase, donating her 1.9-acre parcel (05-34-277-007) next to the Bartkus parcel on the north side of Addison Oaks County Park; and WHEREAS together the total donation of land will be 4.1 acres; and WHEREAS the parcels would connect Addison Oaks with Miller Lake; and, WHEREAS both parcels consist of high-quality forested and open wetland with minimal presence of invasive species; and WHEREAS accepting donation of these two parcels will expand the amount of high-quality natural habitat preserved by Parks and Recreation in perpetuity at Addison Oaks County Park; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the donation of parcel 05-34-227-008 (2.2-acres) located at Addison Oaks County Park. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to approve the donation and any other related documents between the County and Mr. Chuck Bartkus. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoin / resolution. mmissioner Philip Weipert, District #8 Chairperson, Planning and Building Committee Motion carried to directly refer to the Finance Committee on a voice vote. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Tietz absent. ADR REVIEW SIGN OFF - PARKS AND RECREATION RESOLUTION TITLE: LAND DONATION BARTKUS PARCEL ADDED TO ADDISON OAKS COUNTY PARK DEPARTMENT CONTACT PERSON: Melissa Prowse/248-249-2801 DATE: 11/15/2018 DEPARTMENT REVIEW Department of Human Resources: Approved (No Committee) — Heather Mason (11/14/2018) Department of Management and Budget: Approved — Lynn Sonkiss (11/14/2018) Corporation Counsel: Approved —Jody Hall (11/15/2018) DONATION AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CHARLES BARTKUS FOR THE DONATION OF REAL PROPERTY THIS DONATION AGREEMENT ("Agreement") made and entered into 2018, ("Effective Date") by and between Charles Bartkus, 1430 N Livemois Road, Rochester Hills, Michigan 48306 ("Bartkus") and the COUNTY OF OAKLAND, by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watldns Lake Road, Waterford, Michigan 48328 ("County"), for the donation of 2.2 acres of vacant land, with a parcel identification number of 05-34-277-008. The Parties agree to the following terms and conditions: 1. DONATION OF REAL PROPERTYAND AGREEMENT APPROVAL. Donation of Real Property. Pursuant to the terms and conditions set forth herein, Bartkus donates and the County accepts the donation of approximately 2.2 acres of vacant land, with a parcel identification number of 05-34-277-008, specifically described in Exhibit A ("Premises") including all rights, title, interests, and mineral rights or mineral royalty interest in the Premises. Exhibit A is fully incorporated into this Agreement. 1.2. Approval of Agreement. The Oakland County Board of Commissioners shall have until December 7, 2018 to approve and execute this Agreement. If the Oakland County Board of Commissioners does not approve and execute this Agreement by December 7, 2018, then the Agreement shall be null and void. 2. TITLE CONVEYED. 2.1. Form of Conveyance. At Closing, Bartkus shall convey marketable title to the Premises to the County by Quit Claim Deed. The Premises shall include all tenements, hereditaments, privileges and appurtenances belonging or in any way appertaining to the Premises including the following: (1) all future land division rights, (2) all right, title, and interest of Bartkus in any street, road, or avenue, open or proposed, in front of or adjoining the Premises, or any part thereof, to the centerline thereof, (3) all water, air, riparian, and mineral rights, (4) the use of appurtenant easements, whether or not of record, strips and rights of way abutting, adjacent, contiguous or adjoining the Premises, and (5) all assignable licenses, franchises, rights, and governmental or other permits, authorizations, consents, and approvals, which are necessary to own the Premises, to the extent that the same are legally assignable. 2.2. Personal Property. There is no personal property on the Premises and no personal property is included with the donation of the Premises. Final (Barticus Donation Agreement) 1 2.3. No Transfer of Interests After Execution. After Bartkus' execution of this Agreement, Bartkus shall not lease, assign, or grant a security interest or other lien that would encumber the Premises after closing, unless approved, in writing, by the County. Bartkus warrants that any lease, assignment, security interest, or other lien that would encumber the Premises shall be terminated prior to Closing. 3. TITLE INSURANCE. 3.1. The County shall obtain and pay for the commitment of title insurance covering the Premises (the "Title Commitment"), the final policy of title insurance covering the Premises (the "Title Policy"), related title search fees in connection with the Title Commitment and Title Policy, and any endorsements to the Title Policy from ATA national Title Group, LLC, 42651 Woodward Avenue, Bloomfield Hills, MI 48034 ("Title Company"). The Title Commitment for an ALTA Owner's Policy of Title Insurance and shall be issued by the Title Company, without standard exceptions, and shall bear a date later than the Effective Date, wherein the Title Company is to insure the title to the Premises in the condition required herein. 3.2. At the time of Closing, the County shall order and have the Title Insurance issued (in the name of the County) pursuant to the Commitment. 3.3. Bartkus agrees to execute a standard form Owner's Affidavit at closing to assist in the County's efforts to obtain coverage without standard exceptions. In addition to the representations and warranties contained in said Owner's Affidavit, Bartkus agrees to execute an affidavit indicating the following: (1) Bartkus is not on notice, whether actual or anticipated notice, of any pending claims against Bartkus that would affect the transfer of the Premises and (2) there are no court orders prohibiting the transfer of the Premises. 4. DUE DILIGENCE INVESTIGATIONS. 4.1. Inspection and Due Diligence Investigation/Examination. The County has inspected the Premises and conducted the following, at its expense: (1) an ALTA/ACSM boundary survey of the Premises and (2) a Phase I Environmental Site Assessment ("Phase 1") performed consistent with applicable ASTM standards. The Phase I found no Recognized Environmental Conditions on the Premises. A copy of Phase I shall be held by the Oaldand County Parks and Recreation Commission and the Oakland County Department of Facilities Management, Property Management Specialist. 4.2. Delivery of Documents to County. Bartkus shall, no later than five (5) days after execution of this Agreement, turn over to the County copies of any and all documents and information Bartkus has concerning the Premises, including but not limited to, wetland reports, environmental reports, surveys, soil reports, easements, deed restrictions, past title commitments, etc.... Final (Bartkus Donation Agreement) 2 5. CLOSING, AND CLOSING DOCUMENTS. 5.1. Closing Date. If this offer is accepted by Bartkus and the Oakland County Board of Commissioners pursuant to Section 1.2, then the County shall complete the transaction on or before December 28, 2018. 5.2. Location of Closing. The closing shall be held at the offices of the Title Company. The Title Company will prepare the necessary documents for signatures. 5.3. Closing Documents. At least two (2) business days prior to closing, the County shall submit to Bartkus all closing documents required for this transaction. Bartkus and the County will sign and/or prepare any other documents necessary to complete the sale and transfer of the Premises. 5.4. Signing of Deed and Affidavit. Bartkus shall sign and deliver at closing, a statutory form Quit Claim 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. 5.5. Discharge of Encumbrances. All financial encumbrances upon the Premises shall be paid and discharged by Bartkus prior to closing. 5.6. Recording Fees and Closing Costs. The County shall pay for the recording of the deed, any notary fees, and any other closing costs. The transfer of the Premises is exempt from property transfer taxes pursuant to MCL 207.505(a) and MCL 207.526(a). 5.7. Affidavit of No Liens. At the closing, Bartkus 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. 5.8. Certificate of Accuracy. At the closing, Bartkus will sign a Certificate of Accuracy, regarding the representations made by Bartk-us in Section 9. 5.9. Authorization to Sign Closing Documents, The County's Property Management Specialist or its Director of Facilities Management shall have the authority to execute all closing documents and other documents necessary to complete this transaction and donation. 5.10. Property Taxes. 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; Bartkus being responsible for taxes up to and including the date of closing. 6. POSSESSION. The County shall have possession of the Premises on the date closing is complete. Final (Bartkus Donation Agreement) 3 7. RIGHT OF ENTRY AND ACCESS. 7.1. Right of Entry. During this Agreement, the County and its employees and agents shall have the right to enter and access the Premises at reasonable times for the purpose of surveying, testing, performing environmental impact studies, site planning, and other inspections or testing the County deems appropriate. All inspections or testing shall be coordinated with Bartkus. 7.2. Restoration of Premises. In the event that this donation does not take place, the County, at its own expense, shall restore the Premises to substantially the same condition that existed on the date this Agreement was executed; to the extent such restoration is necessary due to the County's actions. 8. RISK OF LOSS. No risk of loss shall pass to the County prior to closing. Except as otherwise provided in this Agreement, the County acknowledges the following: Bartkus has made no representations or warranties with respect to the Premises, 9. WARRANTIES BY BARTKUS. Bartkus warrants to the County and certifies the following by execution of this Agreement: 9.1. Authority to Perform Agreement. Bartkus 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 Bartkus has to any third parties; Bartkus will provide the County with any necessary waivers, consents, or other documents that verify Bartkus has the requisite authority; 9.2. Fee Simple Owner. Bartkus is the fee simple owner of the Premises and will discharge any liens or other encumbrances prior to closing; 9.3. Correct Legal Description. To Bartkus' knowledge, the legal description set forth in Exhibit A is an accurate description of the Premises and does not include any adjacent or contiguous land owned by Bartluis or any third party; 9.4. No Other Interests. To Bartkus' 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 County's right to receive fee title absolute; 9.5. No Claims or Lawsuits. To Bartkus' knowledge, there are no lawsuits, actions, or proceedings pending or threatened by any party, including governmental authorities or agencies, against or involving the Premises which would affect Barth's' ability to convey the Premises; 9.6. Other Interests. Bartkus has no notice or knowledge of any of the following: 9.6.1. any planned or commenced public improvements that might result in special assessments or otherwise directly and materially affect the Premises; Final (Bartkus Donation Agreement) 4 9.6.2. any government agency or court order requiring corrections of any existing conditions; and 9.6.3. any request by an insurer or a mortgagee of the Premises requiring correction of any existing conditions; and 9.7. No Disposal of Hazardous Materials. Bartkus has not used the Premises for the purpose of disposing, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing or transporting Hazardous Materials. 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. 10. WARRANTIES BY THE COUNTY. The County warrants the following to Bartkus: (1) the County is a Michigan Constitutional and Municipal Corporation and (2) the County has full authority to enter into and perform this Agreement in accordance with its conditions. 11. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this Agreement shall survive for two (2) years after closing. 12. LIABILITY. Bartkus 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 (including attorney fees) prior to closing, except those losses, claims, suits, causes of action, litigation, or other demands for damages, arising solely out of the acts of the County or the County's agent(s) while performing any surveys or due diligence inspections of the Premises prior to the closing. Bartkus 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 Section. 13. 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: B artkus : Charles Bartkus, 1430 N Livemois Road, Rochester Hills, Michigan 48306 The County: Property Management Specialist County of Oaldand Department of Facilities Management One Public Works Dr. Waterford, Michigan 48328 248-858-5380 Final (Bartkus Donation Agreement) 5 13.1. Any Party may change its address for notice by providing notice as required by this Section. Any notice by either Party shall be sufficient if signed on behalf of said Party by any elected or appointed official thereof. 14. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 15. COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local laws, statutes, ordinances, and regulations, applicable to their activities under this Agreement. 16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights regarding any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 17. SBVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision of this Agreement to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Agreement. All other tetnis, conditions, and provisions of this Agreement shall remain in full force and effect. 18. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and signed by both Parties. 20. GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any claim arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. Final (Barticus Donation Agreement) 6 21. ENTIRE AGREEMENT. This document represents the entire agreement and understanding between the Parties. This Agreement supersedes all other prior oral or written understandings, communications, agreements or contracts between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. Final (Bartkus Donation Agreement) 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates indicated below. WITNESSED BY: County of Oakland a Michigan Municipal and Constitutional Corporation By: Michael J. Gingell, Chairperson Oakland County Board of Commissioners The Agreement was acknowledged before me in Oakland County, Michigan on this , 20 by [insert name]. day of WITNESSED BY: , Notary Public Oakland County, Michigan Acting in Oakland County, Michigan. My Commission expires: Charles Bartkus The Agreement was acknowledged before me in Oakland County, Michigan on this , 20 by [insert name]. day of , Notary Public Oakland County, Michigan Acting in Oakland County, Michigan. My Commission expires: Final (Bartkus Donation Agreement) 8 56.7' (M) •ss .; , • A •O..(4,0 • • . (49 24.5' (M) 1.9 ACRES, MORE OR LESS FOB PARCEL 1 05-34-277-007—\ FOB PARCEL 05-34-277-008 EAST— LIN SECTION 34 183.00' (R & M) - 986•42'3 9 W (M) N88•10'00''W (R) 288.30' (R & M) S86'42'39'W (M) N88:10'00”W (R) SCALE: 1" = 100' r!!!!!$6 50 100 FISHBECK, THOMPSON, CARR & HUBER, INC, 39500 MACKENZIE DRIVE SUITE 100 NOVI, MI 48377 248.324.2090 PHONE www.ftch.com titCopyright 2018 AI I Rights Reserved EXHIBIT A NORTHEAST CORNER, SECTION 34, TOWN 5 NORTH, RANGE 11 EAST, TOWNSHIP OF ADDISON, OAKLAND COUNTY, MI LCRC LIBER 41678, PAGE 203 fical engineers scientists architects constructors fshbock, thornpson, carr & huber, inc. www.ftch .com Herd copy is Intended to he 8.5lx11" when plotted. Scate(s). Indicated and graphic quality may not he accurate for any other size, 2.2 ACRES, MORE OR LESS 2:12010.181568SCAUSSURVEY1151568 EXHIBIT A.DWG LAYOUT: LAYOUT1 DATE: 10/30/201B TIME: 12:41:25 PM USER: MLN EAST 1/4 CORNER, SECTION 34, TOWN 5 NORTH, RANGE 11 EAST, TOWNSHIP OF ADDISON, OAKLAND COUNTY, MI LCRC LIBER 15550, PAGE 278 LEGEND PROPERTY MONUMENT PROPERTY IRON (FOUND) PROPERTY IRON (SET) QUARTER CORNER SECTION CORNER PROPERTY LINE PROJECT NO. 181568 FIGURE NO, of 2 EXHIBIT A DESCRIPTIONS AS FURNISHED PARCEL 05-34-277-007 (TITLE COMMITMENT NUMBER 63-18613757—SCM BY ATA NATIONAL TITLE GROUP, LLC DATED 09/13/2018) PART OF NORTHEAST 1/4 OF SECTION 34, TOWN 5 NORTH, RANGE 11 EAST, TOWNSHIP OF ADDISON, OAKLAND COUNTY, MICHIGAN, BEGINNING AT POINT DISTANT NORTH 88 DEGREES 10 MINUTES 00 SECONDS WEST 288.30 FEET FROM EAST 1/4 CORNER; THENCE NORTH 88 DEGREES 10 MINUTES 00 SECONDS WEST 183 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 00 SECONDS EAST 363.35 FEET; THENCE NORTH 30 DEGREES 56 MINUTES 00 SECONDS EAST 140 FEET TO SOUTHERLY SHORE LINE OF LAKE; THENCE SOUTHEASTERLY ALONG SHORE LINE 183 FEET; THENCE SOUTH 30 DEGREES 56 MINUTES 00 SECONDS WEST 90 FEET; THENCE SOUTH 01 DEGREES 25 MINUTES 00 SECONDS WEST 316.47 FEET TO BEGINNING. hal engineers scientists architects constructors fishbeck, thompson, carr & nuber, inc. www.ftch .corn Hard copy is intended to be 8.5"x-1111...ben plotted. Scale(s) indicated arid graphic quality may not be accurate for any other size. PARCEL 05-34-277-008 LAYOUT DATE: 10/3012018 TIME:12:414-1 PM USER: MLN (TITLE COMMITMENT NUMBER 63-18613753—SCM BY ATA NATIONAL TITLE GROUP, LLC DATED 09/13/2018) PART OF THE NORTHEAST 1/4, SECTION 34, TOWN 5 NORTH, RANGE 11 EAST, TOWNSHIP OF ADDISON, OAKLAND COUNTY, MICHIGAN, BEGINNING AT EAST 1/4 CORNER; THENCE NORTH 88 DEGREES 10 MINUTES 00 SECONDS WEST 288.30 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 00 SECONDS EAST 316.47 FEET; THENCE NORTH 30 DEGREES 56 MINUTES 00 SECONDS EAST 90 FEET TO SOUTHERLY SHORE LINE OF LAKE; THENCE SOUTHEASTERLY ALONG SHORE LINE 292 FEET TO EAST SECTION LINE; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST 247 FEET TO BEGINNING. PLOT INFO: ZA201811131568,DAD\ SLIRVEY;181568 EXHIBIT A. DWG FISHBECK, THOMPSON, CARR & HUBER, INC. 39500 MACKENZIE DRIVE SUITE 100 NOVI, MI 48377 248.324.2090 PHONE www.ftch.com 14)Copylight 2318 All Rights Reserved PROJECT ND. 1 81 568 FIGURE NO. 2 of 2 PARKS AND RECREATION FUND (#50800) Revenues: 5060101-160000-690189 5060666-160666-665882 Capital Asset Contributions Planned Use of Balance FY2019 $34,172 (34,172) $ - 0 - 7z- FISCAL NOTE (MISC. #18447) December 6, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: PARKS AND RECREATION — LAND DONATION BARTKUS PARCEL ADDED TO ADDISON OAKS COUNTY PARK To the Oakland and 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. Resolution authorizes a 2.2-acre parcel (05-34-277-008) land donation by Chuck Bartkus to Oakland County Parks and Recreation — Addison Oaks County Park. 2. This land donation is in conjunction with another 1.9-acre parcel being donated by Cheryl Chase via a separate resolution. 3. The Oakland County Parks and Recreation Commission, at their October 3, 2018 meeting, approved capital funding of $7,772 for the property acquisition, boundary surveys, appraisals, environmental assessment, closing costs and title policy for the land donations to Addison Oaks County Park. 4. The 2.2-acre parcel (05-34-277-008) land donation will be added to Addison Oaks County Park with an estimated value of $26,400. 5. A budget amendment is recommended as follows to recognize the capital contribution: Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried on a roll call vote with KowaII absent and Zack voting no. Resolution #18447 December 6, 2018 Moved by Weipert supported by McGillivray the resolution (with fiscal note attached) be adopted. AYES- KowaII, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Berman, Bowman, Crawford, Gershensort, Gingell, Hoffman, Jackson, Kochenderfer. (17) NAYS: Zack. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. I HEREBY APPAOVE THIS --WESOL UTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO IVICL 45,559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 December 6, 2018, 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 6 11) day of December, 2018. Lisa Brown, Oakland County