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HomeMy WebLinkAboutResolutions - 2019.02.07 - 30970MISCELLANEOUS RESOLUTION #19021 February 7, 20'19 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: WATER RESOURCES COMMISSIONER — WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF CERTAIN COUNTY INTERESTS IN EASEMENTS AND RIGHTS OF WAY LOCATED WITHIN THE CHARTER TOWNSHIP OF HIGHLAND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County holds legal title to a large portion of the water supply system serving the residents of the Charter Township of Highland; and WHEREAS such water supply system consists of fee simple property, easements and rights of way for the related equipment, facilities and improvements, excluding private water leads; and WHEREAS the County of Oakland desires to transfer ownership and the Charter Township of Highland desires to accept ownership from Oakland County those water system assets which do not have outstanding bond debt; and WHEREAS one water main located within the Charter Township of Highland, including any related easements and rights of way, is subject to outstanding bond debt and will remain with Oakland County until the debt is paid off; and WHEREAS a separate resolution will address the conveyance of said one water main once the bond debt is satisfied; and WHEREAS there is no outstanding bonds or other indebtedness with respect to the property interests included with this transfer that would otherwise prohibit the transfer of these property interests; and WHEREAS there is no cash related loss as a result of the property transfer; and WHEREAS the capital assets of the system have a value of $7,598,553 with accumulated depreciated of $2,439,488 leaving a remaining book value of $5,159,065 as of December 31, 2018, which will be removed from the Highland Township Water Supply System fund; and WHEREAS the office of the Water Resources Commissioner has prepared all necessary documents related to the conveyance via Quit Claim Deed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers and assigns certain County interest in fee simple property, easements and rights of way of the water system including related equipment, facilities and improvements, excluding private leads related to the local water supply serving the Charter Township of Highland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached Quit Claim Deed in favor of the Charter Township of Highland and execute any other necessary property transfer documents to effectuate the transfer of the County's interest in those water supply system assets not subject to outstanding bond debt. BE IT FURTHER RESOLVED the following budget amendment is recommended: Highland Township Water Supply System Fund 57107 FY2019 Revenue 6010101-149999-675356 Loss on Sale of Equipment ($5,159,065) 6010101-149999-665882 Planned Use of Balance $ 5,159,065 Total Revenue -0- Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. Commissioner William Miller, District 14 Chairperson, Economic Growth and Infrastructure Committee ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE VOTE Motion carried unanimously on a roll call vote with Powell and Weipert absent. Form DC-001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Commissioner William Miller, Chairperson Economic Growth & Infrastructure Committee, Board of Commissioners FROM: Kelsey Cooke, Drainage District Legal Counsel SUBJECT: Charter Township of Highland Water Supply System Transfer and Assignment of Certain County Interests in Fee Simple Property, Easements and Rights of Way for the Water Supply System and Related Equipment, Facilities and Improvements Located within the Charter Township of Highland DATE: January 29, 2019 Almost all of the Charter Township of Highland's water supply system is currently owned by Oakland County and operated by the Water Resources Commissioner. It is important for the Township to own its own water supply system so that it can have the authority to make decisions about the water supply system that serves its residents. This water supply system consists of numerous developer-built water supply projects and water main that were transferred by Warranty Deeds to the County from 1973 to 2007. These projects include the following assets along with all related easements, rights of way, related equipment, facilities and improvements all located within the Charter Township of Highland: 1. Axford Acres Well House 2. Bretton Oaks Well House 3. Highland Valley Well House 4. Huntwood Place Well House 5. Prestwick Village Well House 6. South Bay Shores Well House 7, Timber Ridge / Cobblestone Storage Tank 8. White Eagle Water Treatment Plant Certain assets still have outstanding bond debt and cannot be transferred from the County to the Township at this time. However, the Water Resources Commissioner and the Charter Township of Highland discussed transferring the unencumbered water supply system assets from the County to the Township and reached a mutual agreement that it is in the best interests of both parties to perform the current conveyance and ultimately transfer all ownership interests. There is no outstanding debt with respect to the assets included in the current quit claim conveyance in regard to the finance, design or construction of the specified water supply system assets that would otherwise prohibit transfer of the property interests. Requested Committee Action: Recommend adoption of the attached Resolution to the Board of Cornmissioners. Contact: Kelsey Cooke cookek@oakgov.com 248-452-2013 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05108 QUIT CLAIM CONVEYANCE OF FEE SIMPLE PROPERTY, EASEMENTS AND RIGHT-OF-WAY FOR WATER SUPPLY SYSTEM AND SANITARY SEWER SYSTEM FACILITIES AND IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS, that the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, and the OAKLAND COUNTY WATER RESOURCES COMMISSIONER, in his capacity as "County Agency" whose address is the office of the OAKLAND COUNTY WATER RESOITRCES COMMISSIONER, One Public Works Drive, Bldg. 95 West, Waterford, Michigan 48328-1907, Grantors, for and in consideration of the sum of ONE DOLLAR AND 00/CENTS ($1.00) receipt of which is hereby acknowledged, paid to them by the CHARTER TOWNSHIP OF HIGHLAND, a Michigan Municipal Corporation, Grantee, whose address is 205 North John Street, Highland, Michigan 48357, Grantor does hereby convey and Quit Claim to Grantee all rights, title and interests Grantors may posses, but only to the extent of its interest, including any adverse possessory interest which may ripen in the future into full possessory interest, including fee simple property, easements and right-of-way, the water mains and related equipment, facilities and improvements, excluding leads, located within the corporate limits of the Charter Township of Highland and including the easement and/or right-of-way areas described on the attached and incorporated in Attachment "A." Grantors convey to Grantee all fee simple property, easements and right-of-way, water supply system improvements, including the right to construct, operate, maintain, repair and/or replace a water supply system situated in the Charter Township of Highland, Oakland County, Michigan. The conveyance of the system and improvements is "as-is" and Grantors make no warranties as to the condition or fitness for a purpose, said warranties being expressly disclaimed. PROPERTY DESCRIPTIONS: SEE ATTACHMENT "A" Grantee agrees to and acknowledges it shall be responsible for all restrictions and conditions as set forth in the easements and right-of-way set forth in Attachment "A." This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) on the dates indicated below. COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: David T. Woodward Its: Chairperson OAKLAND COUNTY WATER RESOURCES COMMISSIONER By: Jim Nash As: "County Agency" ACKNOWLEDGMENT STATE OF MICHIGAN ) SS. COUNTY OF OAKLAND) On this day of , 2019, before me, a Notary Public, personally appeared David T. Woodward, to me personally known, who being by me severally duly sworn that he is the Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, a corporation created and existing under the laws of the State of Michigan, and that the said Quit Claim Conveyance was signed and sealed in behalf of said corporation by authority of its Board of Commissioners pursuant to Miscellaneous Resolution No. and the said Chairperson acknowledged the said instrument to be the free act and deed of the said Corporation. , Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: ACKNOWLEDGEMENT STATE OF MICHIGAN ) ) ss: COUNTY OF OAKLAND) On this day of , 2019, before me a Notary Public, personally appeared Jim Nash, to me personally known, who being duly sworn did say that he is the Oakland County Water Resources Commissioner and the "County Agency" for the County of Oakland, a Michigan Constitutional Corporation, and that said Quit Claim Conveyance was signed and sealed by Jim Nash in his capacity as "County Agency." , Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: This instrument drafted by: Jeffrey S. Parrott, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1907 -4- ATTACHMENT "A" QUIT CLAIM DEED TO TOWNSHIP OF HIGHLAND WATER SUPPLY SYSTEM Liber 6251 Page 123 (Warranty Deed) — 11-11-306-016 Liber 7714 Page 119 (Warranty Deed) — 11-10-251-002 Liber 16304 Page 129 (Warranty Deed) — 11-14-251-030 Liber 17270 Page 697 (Warranty Deed) — 11-28-201-011 Liber 18122 Page 743 (Warranty Deed) — 11-13-152-039 Liber 19503 Page 702 (Warranty Deed) — 11-22-277-012 Liber 23054 Page 503 (Warranty Deed) — 11-21-302-010 (pt. of) Liber 23054 Page 505 (Warranty Deed) — 11-21-302-010 (pt. of) Liber 38764 Page 010 (Warranty Deed) — 11-01-227-083 Liber 11332 Page 222 (Easement) Liber 14778 Page 756 (Easement) Liber 15035 Page 824 (Easement) Liber 15035 Page 828 (Easement) Liber 17270 Page 699 (Easement) Liber 23054 Page 530 (Easement) Liber 23054 Page 533 (Easement) Liber 33458 Page 449 (Easement) Liber 33458 Page 453 (Easement) Liber 33458 Page 457 (Easement) Liber 41696 Page 689 (Easement) Liber 52012 Page 834 (Easement) Ontraiti Myatt sati LàIa V 4.0 I;t1;;;I Pon,a_ 906251.11141E1 RI 1101ura1DX1Opponokin 1410 Jil / 01121.1.111010117 P.m C.L. INA Ji0.114I USA. AO 5/k 1=4••n••nn Ia rpm.. 0/404014160, 5 dal al Doosaiber A. O. III 73 *It thit 80104014 21: rrt eri" •-• rsa : " re,' • al UN' 04) A AR' A. D 0 rj tIbehrtro .0040607 *140W ALL VEINY THXAMIPANONTlium John 0, Mainish "oa /wow os Oainlah, his vita, rinse *Aims 14 400 Chinon Drivs, Itigkiland, RAW 10301 inatatOi.4 Wamilis) is court or DAUM NAND mew Ii $ae Panto Works Drive, Pent4aa, MAIM 14051.• a. Mamba dactibed motto WilmotI. ibt township if Itigbland ammo as Oakland Is. a 141eldm sai0t4 I Fart of the LW.. of Booties! 11. 1'4 14, 11.4m, Orland Township, Oakland Coiiiity, deaoritod ao foliage. Deoirming at a point on tho tastorlf lino of Harvey Lake Road shloh Wart 0.091711. 487,47 ft. along ow west lime of sedum it andgigp-56150ag. 00.00 ft. and 169117 R. 81641 ft. !moths itAf; Darner of Sootier lle time* along the gastarlpt•ins of mid garawlaka lad 7.0017%. 220.00 ft.: thence last .104.00 ft,' tams-South 220.00 ft.t themes Vest 205.09 ft. to the point of toginadng. Containing 1.03 Amos and edhjsot to Wisest' and Dightad.biars of record, With a 10 ft. vide strip of land for wator line nausea% the Wastamilylies of "blob is desorited ao fellows' %ginning at 4 point on the lastarif lii. of gummy Labs lout whisk boars 11.0017%. 4071,47 ft. along tbo West line of gestic% 11 and 11.09036050e1. 60.00ft. and 0.0917% 100.11 ft. from the 1.0. Corner of 'Motion lis thanes along this Destiny lino of said Dow Lake Iasi* COW% 52040 ft. to the Northerly tonsinao. utortho .104 XI tad eidtlat alto taitioveth houtiaoralattMl soperaaamts dairemea holosolai at 0 t 6. th"141 evaildwottrag one an4is/103 Dollars (0,00) 0 mutat ID hi DAM. o 13th. 0 4 X I. 4 inn OW =MOAN comm. co 10 lb. 4l LDiiianhor JA. 0. Width atwi Mdelan y. habdabi btu wife 114. kiwis le Is Ito Pticota 00004 0 00 w00 0000.4 00 0004 ittlettiopt tad itiott~1 a.i %Mr stasted the mai so their ttst st1 its iltsb SIVtxtiii4t;10 **km I. wow, 'mantis 1411414111 hotrommt IF& *Ark /AG VAI" tozidzibia:414,0„. whir vierdmi t• oak ••• •• —" r-a-P . Oats 974 v., - r- 717— it J 14 1.1 •-••••n•••••••••••n•••••-•!.1.71 44/ t'fJ • • I • • •••n•• - CA _mane -rar- 4. triL h. -4 dig 4 .116o.re...-42t2ea," Melt sits) Pert of the E.V. t of Seettcm II, 1,03 11». Li S., Itgbiand Toraship, Optiand Catet,T. nettutn, dateritiva at follows Bestrzdog at a pollst th• Eseteeelr lira of Om, take Road ntinh boars 3.0517tE. 487.47 rt. airing tha Vogt line of &maim11 and 11.397595011r. 60.00 ft. asm1 1116.u. ft. freakt SJF. cerzroor of SoCtica thaws- olcalr 'thy - Fiar.orly lima Of said Earvor lake Road 11.062.714 MCC ft.; time* gait 20.00 ft. s theme. South 220.00 ft.; Violas am& 205.09 ft. to tau patzt et beglexamt. Cantaiata4 1.1)3 Arm and grah.lantrto saannont.* and of raoond. Ar DESMUMEads (IC ft. Tartar ltre Easerreat) AL le ft. idea strip of laed for a near lirse earrnint. tte Wastany lina of vtdeb is described as !IL-11moms ImsimsIng at a Witt aet asterly Bee of Barmy like Road wieli bsari 1.001113. WA? ft. clang tie Vett Lire of Sect-tan 12 col 11.690561501%. 60.00 ft. end 1.171)17M. 29641 ft. haw the' 3.11". Cornar al Section ill tbszco slang the isztarly lime of sett au-ray lake Load 1.0 0i7'g. 520.0C ft. to tba Sort..1.y tetalmo. Cattily Tina otatilt,.1 ' t,o ,/ f FIC , 1- f ^ •Jo r. • it Inv tioar/gi 116 ,1 0, 11.nk •111•11.14 :1311/ THIONIN'e 1 I. • 'Llati7714m119 80 wAmitry ono—compaa,ffroa.21524., 0317 A A liii .11 }WOW ALL 141111 SY mass That Bretton Oak° Investment Company, a Michigan Corporation - 3901 Highland Road, Pontiac, Michigan Covell and Wonsan*. The County of Oakland, a Michigan Municipal Corporation whew Moon {{nimbi} end Piwi Mkt MOD* 11 1200 North Telauspli Bald Pont 'RC, Mialligati IMfAlowing dinwribod yrunlow sliuslod in dm Township a Commerce Oakland pod Clot. af Mkhips, BBB ATTACHED 411116111 \1110h *11.1.161 h. lownwids. hel•iii.111•10. appwloiwn{oo ihmunioldlongib• w in onyvoloi oppoilnInbin, ouni of .00 outijsci I. applicable zoning ordinances and easemente of record and the right of reverter attached hereto, illbled 0114 4th May A.17. In 19 Mewl, &wild ond 11•11}wwl In Num,. 11•674 owl WWI 141,4 .0-49l C.4 Aain xa1.41 za • ro ife-fri Bretton Oaks Invaillmant Company Ily . }7,%••••••••• i LIM / GOIAS President IMP And Oakland II,. OTA 11411 114111.1A14, Ctii1Nt V lir_ Pr. 0.4 17111 4th Wry W May Jana, Giant r in um pnowally known, who 'Mini by int worn, did {1} say «I, ma c1) President liretton cake xnvostanant company owned in 111114 width mooned 16 within 1'OMI14•111. onal }Mt Ow owl bawd is told 'mimeo, pool 01 Mid MikaIli11011, ihm sold Ii ltisV,I .0i donwil welimi In Imhof} 111 sold cooperation hp onikin,14 id Hu iwoid of dilwiwir 0,541.14 Jonas Oants Iwni ind dyed uf soldimpaled.," My ranuniodon r- 14 A, 11. 61'11 }twat lif 1n14h0 Ihn uom Awn stlinietwilyi Irani it III N•111. Mi hinloolf," find 11 NNW' sop 1.514,11.44" 1 Inwithinu411 mutialsan 117thad by n•••••. • • • • ocknowlwipd 5.14 'muumuu' In 0, th• t 14;9. fe ..dat: Pal . e /./,/ ' •/ Domini yens lamp) Ne"" MVO); tlei0 tillinilittire& lir' :Troy .i.rov, 14 ch gan Addis& . • . . It I, Itiroonw Mono When monied Ilium Is 4/ 4r.. 11110 if 4;1,1 161,0c ,ATTACHMENT TO WARRANTY ON8o FROM DRETTO0 OAKS 11VICSTMEN1 COMPANY To COUNTY or OAKLAND OAT= NW 4, 1979 I.SUMAN1120 DESCRIPTION - HUTTON OAKS mid. 1100SE EASEMENT Alum PART OF TEE N.E. 3/4 OF SEETJoN 30, T-1-1J, R-7-E, To1N0011.', OAKLAND COUNTY, RILTIOAN, MORE PAR-T1cuLARLY DESCIUMED AS! CoMMENEINU AT THE NORTHEAST CORNER OF SAID 1ECT3ON 30; TIONC11 N. 09'12'34" W., 3560.72 vim ALONG TON noRTH LIRE oP SAID SECTION 10; IVENCE TUN vouovirNo PIVE COMMIS ALONG THE EASTERLY Lltig OF "MUTTON OAKS SOH, NO. 1," AS =ORONO N L1888 764, MGM' ad Amp 39 or MATO, onKhANN COUNTY RECORDSI (1) U..01'13'42" W., 100.00 VENT, AND (2) V. 27°26'13" W., 447.39 PEET, AND (3) D. 34°19144;" 14, 32.22 VENT, AND (4) H. 01'13'42" W., 330.43 MT, AND (!)) n. 60°14'34" W. 319,39 FEET IV THE Po1NT OF DEG1NNING OF T113O DEOCRIFT100; THENCE ALONG A CURVE To THE RIGHT 210.30 FEET, SAID CURVE HAV(NO It RADIUS OV 100.00 PIINT, VENTRAL ANGLE OF 120°32'14u AND WOO CHORD 1.11300 S. 341'35'37" E., 173.67 FEET; THENCE 8. 20h40,30" W., 22.00 v88Tt 'PONCA norm A MYR TO TM: Ric= 314.Iu VL8P, 0= CURVE UAVTNO A HM OS OF 100.00 FEET, CENTRAL ANGLE OP 100000,00" AND Low oucal IINANINO N. WIL1130 W., 200.00 111flhj Tu8NoN N. 25'40'30" E., 22.00 PEET; THENCE ALONG A CuRvE To THE NICHT 46.03 vnnv, SAID CURVE HAVING A RADIUS OP 100.00 FEET, CENTRAL ANGLE or 2022,28" AW LoW cuouo uoARINN H. 30"51)45m8., 45.63 FNNT TO A POUT ON THE SOUTH LINE DP LoT 14 OF SAID "RRETTON OAKS ruu. No. 3"; THENCE N, 70°40'09H g., 0.0.1 IWT ALONG THM SOUTH LINE OF 0Alu LoT 34 TO THE REAR uouNnn COMMON TO LOT 14 AND TNt NAWAY1 THENCE 56.02 FRET plum TUN SOUTH 3,30E OF THE WALEWAY AND LOT 35 010 SAID "BRETTON OAKS SUR, 00. 1" IV THE POINT OP DMINNINO ANO CONTAINING 0.019 ACREO, • To Wive' find to held 11 find singular the above mentioned nnd doeuilbed premtnes, togethor With Elm ntinirtennnuor, unto tho said COUNTY Or °AMINO, in trunt, mid to nnd for the use, intent And impure of it limo for community wntor system pumping fauilition for the um" nnd benefit of the inhabit:ante of maid COUNTY, and thu antd DUTTON OAKS INMITMraf COMPANY 'hereby deuteron mid thin conveyanuo in nepreenly nubjeet to Insult declaration, (Lint whenever thu 'paid MONTY cleanse operation of 'mid pumping fnuititiee, !metalled 1:11. to ba imanneil Wan Mita anti, in! Whuinivor untO p1111)14OU fnuilitieu cortits to u WHO WI ii community water apt ins for taitt Wirt nna honnlit 0! the inhoWtnuts of said COUNTY, tam nilid trout *Una cohuo u1.4 duterminu nnd the nnid premium' Mud/. Int connidurnd nbrindoned, nua the Mune rihinil mart Lo the Mad DRKTTON OAKS INVBGTMENT COMM, itu nuccansors and nuoigna, upon payment to mad COUNTY uf the reauonnbln =Jim, if any, of nbmaluttment of the AfurouRld promiOnO and uonreh fur lognt miummuors of "mid AKETTUN OAKS INVESTMENT COMPANY. Mu 19 1.i)i 2 8 t s 4 F! DELITY-TrrLE CO. ,patelporry DUD FOR GMEIAL PARTNERSE LP —WS MAXIE tot *OWN las iindisd pidgin* WO -sr ).rdPoor) Init (=motor Dt. PartnerA rsninership, whow q.itress is 25200 Telegraph Road , Sui tes 410 Southfield. tc.:.chigno 48034 Loreirys 7ind wistants to Oakland County 1200 N. 'Yelegrokail Rood Pontiac, Kii:ltigan 48341 die Who wing dokorilacci peradaes shamed it the Tawas i ur Highland ,Cnuty of Oakland aad &cc e(Mictilgan: Sat.tttachd -- Exhibit telr,, • • —4 r„. whose tiddrms Apo- obeyers tat ..raullAtt =MIKA Warw. Flora. 04-caglatalatra: Malaagal'aar,=LWallansi..-ar-Jralaralaall 1w16304;129 .'1.-Ir.11:17t1M71771o5IP'ION3 (.1ZATre - l'?"111::14'11-111M1 itra t`it i.{X • : Una • abs, ioav .10: la a • ' ▪ atoa4442. fat Mil I 1 osk •ams se* 0.- .4 s ic.••ratem 114C111411110 t cox C , • 0. .1p _ A • ••n• I. • -•• \ - fo:' the Sliso of Ten and 00/100 (5ol1ar s and or hor -good and valuable c orssidfort Ribjec! to nutmeat and building and use resciaions of reot.rd and floOsr sobject to Died ihi lOta day ol . 29 95 $ I1.00 ND - IRitlii 119NAMill 2.t.4 -WIWan 1lli1N1 EIIIrk MOM - LàJ 11-111 CIERK/MISTik Signed in Name of: j:..L 4 .c. Maureen Eennane i; Candace Marot to STATE OF MICHIGAN. O COUNT rinkland Y' F {Vivre of „• Signed. - NT01 rk. 1- DI. Par two' 13.71-7;lIter Co 'h7(e.":;:-.):";.". Para= , Paltrier . riftleti ..?"41ORI The (*reining instrument was acknowledge.1 be1oc r lc 06. 16 t-11 d.xy rf 0c tcher by Wa 1 ter Cohen .;! Panner(s) on bebalf of fFArtn :!rs ! r• • 144131,2eti E Etenna e 1 CALL PAUL DOVE mmaiREAS/ 801M4 D!otary Piblic.Wayne. Michigan My annrnission expiiri: March 15 • L997 G.Iumty.„ —r i Wheaeeorded Return To: 1 1 / GEORGE W. KLIHN 1 t 9014400 COUNTY PPM ‘‘ ___ Mtliark,_ 1 li I'S, A-41c) likkik WOO. OriVk WaillIfftid. kilkINSMAMIL,_ ___[ 1 3176—Aa--Z i or Way tm : ..,...L Ttx ?alai 'Jot meet • Rect,t.ardi tam.ro, Train& Tax - • ryps num Kum vramtkitot+411-1123- Send Subacreatzt Tax Bills To: Mauled fly; Businesa Addresr: •,51OXAMI.W.W.AMISLNIMPIM4107111111 asawstl oobvq IA6304130 EXHIBIT 'W NAwal 22, 1995 R27. NOV. 26, 1995 600TE Say ono= RA4KLAND TOIWUXF, facixam IIIILSZIEWNLAT-11116L-111121-1111M A PAM= 0? IAND LOCATED IN war or THE NORTH 1/2 Of SECTION 14, T. 3 N., R. 7 E., adman TOWNSHIP, OARLAND 00O1TT, =EMI DOSCRISSO AS 1847301ING ATTinimasymusT coon or um Lop elledrig SAY SHORES CONDONINIU4* RECORDED mamma 1, 1,116$ WENN 1GASSA PANS 572 THROUGH 626, HOTS INCLUNIVE AND DISTANT N. SO*0$4400 IG, 146565 MET Wer N. 1306271569, E., 233.16 FERT fRoM TEN SAN2 A/4 °Mein OF SAID SIcTIoN 14; TEEMS FROM SAID POINT OF nosimmxpoi. 60•56t4on 2.0 2:0.70 MIT ALDWGIEE NORTE PRIME5TY LINE OF MODEM it Tama 016 POLLoN124; Ito comas ALM THE RAMEY SUME-CP-483T LINE OF PNOPOSED.V220 WIVE (60 rssT wrimi N oirollavm sta, 3,42 FRIST AND 31.1.50 FEET ALONG AN AMC Of A cUNVE TO TOE LEM A 21011* 07 260400 FEST, A CENTRAL maw Or 12413045% A C3b00 MOTE OP 55.39 FUT AND A CHORD SNARING or N. 06*05'32* TERM 16 3930100" 2 63.2x FEST ALONG TEN SOUTHEASTERLY Norman IgIn'Or UNIT 2 OF SAID 'MUNN HAY SNORES"' CONDOMINIUMS; THENCE S46.03 Mir ALONG AN ARC or A CURVE TO THE R1GET, A morn OF 100.00 melt 4 =NMI, ANGLE OF 140'57156*, A CEORO LENGTR Or 163.51 FM Mt& MORD REARM OF s. lOOlsO2I l.j MN= S. 00°27,560 Ls 99.23 ALONG THE Rummy PROPERTY LIM OF SAID saw= mu "'\,;17i7g144.4f-f- CONDOMINIUMS, TO TI I POINT or siamrso, commin 0.4459 AC/ASS. 3.3.S./J.J.W. (77., - 4 - - C.) ntf • 4 -A.0%4 ail • , 14.15133.L.95 -am LOT z rt- iiisrirw tla Lan !xi ssie alsry mlifi304431 MOW OW. OM. aow& • dm.= ••••n Y. Y.. id. .11110 am. En.. •••nn1. Willir."11/c. fr .....m.111.4......1.1,111,11.1110•11n••••n••••••••=1*.n••11*e.1.411.1.41.•1 REViSI ONS Seeffil 5•VYsY MEM Wal &Pi AIM on. shoolotm Irif'1,174-1nWwi;imat agylordm4 Signed and Sealed: PRESTWICK VILLAGE ASSOCIATES • • LIMITED PARTNERSHIP • By: prestwick Village Development; Inc. , -a Mishigan_ corporation . (LS.) General 4.1 „1-tcl A Leg: Pre ey, , Jr.. (1-.p4 dent LIBER 12270Pli 697 4 —5 91 1 2 2 5. 0 7 39.00 DEED dAi I 2.00 RENONOKIITATION .L • 5 JUN 97 401 • RECF.P711 WARRANTY DEED - (Partnership) - Staid% Form RECORDED MOM mitiry LY D. RUIN, CLERIC/P.F.GISTE)i T'DEE.OS KNOW AIL MEN BY THESE PRESENTS: Thal PRESTWICK VILLAGE ASSOCIATES 3Y1g2sZagVTUI), Highland, Michfaleigninited partnershipwhose address is . Convey(s) and Warrant(s) to THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation whose Shoat Number and Post Office address is 3.00 N. Tel egraph Rd., Pontiac, MI 49341- the following described premises situated in the Township 0409 • of Highland County of Oa Id and and Stale of Michigan, lo-wit; SEE ATTACHMENT "A" together with all and singular the tenants heriditaments and Appurtenances thereunto belonging or in anywise appertaining, for the sum of ONE AND 0/100 ($1.00) DOLLAR subject to building and use restrictions, zoning ordinances and easements of record, if any. EXEMPT per MCL 20/5.05 (0.) MCL 207.526 (A) IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be executed its duly authorized partner Dated this 16th day ol may A.D. 1997 Signed. &seed and Dammed in Presence of: 4kkri C41 Nt1.11,;t4 Karen S. ullini Deborah A. Beauvais i ,T.ss. \------.. COUNTY OF OAKLAND Roy A. Caddy, Jr.„, On this 17th day of Nay A.D. 1997 before me personally appearedPresident o Preetwick , Village Development. Inc., a Michigan °°rP°rati°94.,%figiViE[hgfrAgieCY'MVink Associa t es sworn did say that he is a partner (they are partners) of Limited and that the said instrument was signed in behalf of said partnership by authority of its articles of and the said partners) acknowledged that the said instrument to be the #ee act and,deed of said Partnership ,001-41-16, etC6 Drafted By: James W. Isaacs. Jr., Office of.„,, jcie, Oakland County Drain COMmisSioner --cY Uad,ta Deny s enko One Public Works Drive Macomb County, Michiganaz,!,...,..Q. Waterford, MI. 48328-1907 acting. in Oakland County My commission expires: it /29/200n • - CN, --_,--, CITY TREASURER'S CERTIFICATE 07,1 Recording Fee: Return to: GRANTEE State Transfer Tax: EXEMPT PER MCL 207.505(A) AND MCL 207.526(A) Send subsequent lax bills to: EXEMPT Form 15 PHILIP R. SEAVER TITLE COMPANY, INC, 2780 North Woodward Bloomfield I. Michigan 48304 (910) 358-7135 0,K. MJ STATE OF MICHFGAN partnership: .. COLINTY-TRE.ASUREITS‘CERTiPPlIg. r rhrne -; ,e1 LEE: fnielhy ilx rmEt-it ri,x1Jvic1,57d eit ion,;., -,4.r.l,1.t.,,,,i11:11.11• lis'odt111 TAXES via sarno pal tar hw, s ittn this instunetos,,sqvamslij tic.: OrLeat Pa MAW- y O.NUONnotifsvo "14 1.10.kkamtinitANY,.c.,:urriyimouvrer TX. A012013. ings..nrimexted I11tR17270N698 A1TACHMENT "A" Part of the Northwest 1/4 of Section 2&and the Northeast 1/4 of Section 28, T.3N.-R.7E.„ rnIid Township, Oakland County, Michigan, more particularly described ai follows: Commencing at the North 1/4 corner of said Section 28; thence along the North-South 114 line of said Section 28, S. 01°52'58"E., 363.08 ft..; thence N. 86°56'39"E., 432.49. ft. to the point of beginning of the parcel to be described; thence continuing N. 86°56'39"E., 20.06 ft.; thence on an arc right having a: length of 324.18 ft.; a r4ius of 100.00 ft., a central angle: of 185°4421" and a long chord which bears S. 00°11'10"E., 199.75 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of 185°44'21" and a long chord which bears N. 0505531"W., 199.75 ft. to the point of beginning, containing 0.81 acres, more or less. Sidwell # FL 11-28400-004 "This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan right to farm act." - MWD/kmb edsvis.nidirestwickattA-11-970-16-97) i ult-R181221743 6.0 Et) CO — Muti Oints.mg 2,00 OWN MMDmimflavo 19 ra 98 49 PJ. 0ECEICI4 RERITED WIA0 mrgil LDN D. ALL5,6 agx/REIVX OF BET! WARPANIY DEED MAIUTOrZy rormi rou 1.11411ED I I AB IL ITY COMPANY ,3)11111/137grteCa TITLE: CI)1111'AN 10,1 01V AIL MEN fir 711ESE PPESENT S.! Than OUNTWOOD DEVELOPMENT, whuse address is 32.969 Hamilton Court, Suite 110, Farmington Hilts, MI 48334 n tcalstered I Iml ted Llhfl ityCo, Vnt rt, The County or Oakland, a Mich igan constitutional c.:;711iP.'iat'ilo‘n, 'mire ugh Its agent George W. Kuhn, Oakland Coonty -Ora In psval411ce rultlivvi Is Ile Public Works Drive, Waterford, MIL 103211' ht Ii 1nwLnItt'sci tiled iltciniscs slittnital inTow nsh I p • ei 11 gilland (nenir 14 Oakland Nur Gime or bliclitgrill, SEE ATTACHED EXHIBIT "A" FOR THE LEGAL DESCRIPTION rapirrthei wikir ill owl •higuinr Hu: uentrnictiln. littedlinotents owl appiericinificrl 1111.111yWISC Ilifilgetilitiltsg, far Ilia rutin a 0 NE ($1, no ) no I. I AR cthjcI la Easements and restrictions or Record CAU_ PAUL DOVE WHEN READY 80984 '1)nted 11119 Lilly cif Signed MI the pr esenre of: " 1 OCY, e„.7 Susan .M. ci.tyILt 19 Signed by: 11UNTW000, DEVELOPMENT, L .1 C. fly CILBERTO PIETRAIWRZA, Mciiriber ,,TO SE Pli SCHUL 1ST , Member S I Air: 01,1•11C111(1A14 C0111`41Y VI Oa 1! 1 98' 111c, Furcgmlne hisit men/ Wp9 acknw.credgedliehile mg, phis 2nd day a Febrt_Lary 19 98 by JOSE Pit SCIMIL I ati.d GILBERT.° PIELTBAIJOREA.-_—_-.. (intiMilual Wow (sr? - members on behalf of ariTiliLQUDEALELORM EMI , (LLC name) lchlgan .Sts.an M. Cu) 1 1 J Mem Publit ?-21y re' 3ti,"20.00 Macomb County , Ac ttng i takLWWdy, Mit Wpm County Dean,' er's Cern:firms' 1 S., • • Witcn ticenidell fIrltnn ' Grantee ISerni Subsemieni Tits Hills Tn.. Grantee EXErriP/- ilnifltcl Imy Henry A. Bornstein Business Addiess Suite 222 30300 Northwestern Highway, Farmington Rills, MI 40334 Ina I'm tel 11 11-13-154 -00e1 eitr Revil ding Fee IlvecnUc Sninps Cbyri camel cr.: C:Clillitafr Wij I. upr[18122PC744 EXHIET Part of the N.W. 1/4 of Section 13,3,3NR.7E., Highland Township, Oakland County,- . - Michigan, more particularly described as commencirklit the West 1/4 corner of said Secrion 13: thence N. 00 deg 33 min 00 sec E. along the West line of said Secdon 33.. 1640.30 ft.: thence S. 39 deg 27 min 00 sec E. 200.00 ft.: thence N. 00 deg 33 min.00 . sec E. 38.39 ft.: thence S. 89 deg 27 min 00 sec E. 260.00 ft.: thence S. 00 deg 53 min. 00 sec W. 343.41 ft.; thence S. 89 deg 27 min 00 sec E. 103.13 ft. to the POINT OF BEGINNING; thence continuing' S. 89 deg 27 min 00 sec E. 232.56 ft.: thence S. 00 deg 33 min 00 sec W. 252.67 ft.; thence N. 39 deg 27 min 00 sec W. 232.66 ft.; thence N. 00 deg 33 min 00 sec E. 252.67 ft. to the POINT OF BEGINNING. containing 1.349 acres,. subject to and together with the rights of a 30 Et. wide easement foringress. egress, public and qrivate utilities, described hereafter, subject also to any other easements of record, if any. Huncwood Place Condominium OCCP #1019 Sidwell No, IL-13-154-000 EntirE . "A= :CC% ko-n Ln-% " . A PERMANENT PRIVATE EASEMENT FOR INGRESS, EGRESS, TO THE WELL HOUSE Part of the N.W. 1/4 of Section 13, T.3N.,R.7E., Highland Township. Oakland County, Michigan, more particularly described as commencing at the West 1/4 corner of said Section 13; thence N. 00 deg 33 min, 00 sec E., along the West line of said Section 33. 1640.30 ft.; thence S. 89 deg 27 min 00 sec E. 200.00 ft.; thence N. 00 deg 33 nun 00 sec E. 38.39 ft.; thence S, 89 deg 27 min 00 sec E. 260.00 ft.; thence S. 00 deg 33 min 00 sec W. 700.02 Et.; thence S. 89 deg 25 min 30 sec E. 157.87 ft. to the POINT OF BEGINNING; thence N. 05 deg 58 min 37 sec W. 104.76 ft., to the South line of the Well House Site; 'thence S. 89 deg 27 min 00 sec E., along said South line, 40.26 ft.; thence S. 05 deg 58 min 37 sec E. 104.34 ft., to the North tine of Unit 19; thence 5.52 deg 35 min 05 sec W., along said North line, 3.11 ft., to the N.W. corner of Unit 19; thence S. 00 deg 04 min 43 sec W., along the West line of Unit .19. 167.95 ft., to the North right-of-way line of Elk Ridge Circle (60 ft. wide); thence along said right-of-way line along a non-tangent curve to the right, radius of 390.00 ft.. through a central angle of 01 deg 40 min 58 sec, an arc distance of 11.45 ft., chord bearing S. 89 deg 14 min 14 sec W. 11.45 ft; thence N. deg 55 min 17 sec W., along said right-of-way line, 18.55 ft., to the S.E. corner of Unit 20; thence N. 00 deg 04 min 43 sec E., along the East line of Unit 20, 168.38 ft., to the.N.E. corner of Unit 20; thence N. 9 deg 25 min 30 sec W., along the North line of Unit 20, 7.14 ft. to the POINT OF BEGINNING. day of September 19 98 Signed by: Highland 90 Venture Dated tliis 28th Signed/in tire eresepce of: kaekt.0 P 6 President Foley Land Corp. ,...diartner oF1'. Michael P. Foley, tral9503r102 tanqquii 1(15 39.00 DEED CIE - MIN COMMON 2.00 eDit CHO - EONMISS10R 29 JAN 99 7:28 A.N. 55E773 15'A ?AID RECORDED - MAD MONT; CADDELL CLERX/REOISTR OF DEEDS WARRANTY DEED STATUTORY FORM FOR PARTNERSHIP KNOW ALI, MEN BY THESE PRF,SENTS: That Highland 90 Venture a Michigan corporation a registered co-partnership, the address of which is 612 W. University Dr . ; Ste. 201 Rochester, MI 48307 Conveys and Warrants to County of Oakland a Michigan constitutional corporation whose street number and postoffice address is 1200 N. Telegraph Rd. Pontiac, MI 48341 the following described premises situated in the Township .fllighi.and County of Oakland and State of Michigan, to-wit: , Community Well Site of Highland Valley Subdivision, a subdivision being part of theNE J_Lik_of_geatickn 22, T3N R7B, Highland Township, Oakland County, MichigarG- Trrecorded in Liber 262 of Plats, Pages 31 through 43 inclusive, Oakland County Records , —2-60/13-03/ together with all and singular the tenements. hereditarnents and appurtenances thereunto belonging or in anywise appenaining, for the aura of One Dollar ($1.00) subjectto easements E. restrictions of record; and further subject to a reversionary interest (see Exhibit "A") ../PjcV --vf By / pf t. - - Mc Dona ugh By CALL PAUL Dove By MNINFWAYV 'Patella K. STATE OF MICHIGAN 1 COUNTY opt:Oakland! SS. 80984 Thc foregoing instrument was acknowledged before mc this 28th day of September Michael P. Foley, President, FoleyLand Corp. AND N 98 by Donald O. Van tvervL_Fresident, Streamwood Development Co. (Individual Name (s)) Irtc . II piirmer(s) on bar& of Highland 90 Venture (Partnership Name) a Michigan copartnership Donald-G. Van Evex?, President Streamwood Devel6pment Co. Inc. II \/ • audith14,4,. Foie*" Notary Public, M Commission ex ires 4-19-02 0 :c,ii,triijr:Tfe04*'s•Cditifitifie land • County, Mai 'an City Treasurer's Certifiewe ovj When Accorded Return To: grantee 11-22-277-012 Tax Parcel # Send Subsequent Tax Bills To: grantee Drafted by: Michael P. Foley. 612 W. University Dr. Ste. 201 Business Address Rochester, MI 48307 $12.00 exempt Recording Fee Revenue Stamps OK-G.K. BonVEOV703 "REVERTER CLAUSE" This deed is intended to create a fee simple subject to the following three conditions subsequent: (i) the above described premises are no longer used for any public purposes and (ii) upon written request of all of the then fee simple owners of the benefitted land described below or the parcel of any assignees of this right-of-reverter ( 11-22- 276-004 )the Grantee or its successors or assigns determines that the above-desceibed premises are no longer needed for public purposes; and (iii) the Grantee or its successors or assigns delivers written notice to all of the then fee simple owners of the Benefitted Land that the premises are no longer needed for public purposes. The three conditions subsequent are intended to be "Specified Contingencies" as that term is defined in MCLA 5554.61(a). All three Specified Contingencies must occur in order to divest the Grantee of its fee simple estate in the above-described premises. If all three of the Specified Contingencies do not occur on or before the 25th anniversary of the date of this deed, then the right-of-reverter hereby granted to all of the then fee simple owners of the Benefitted Land described below automatically expires, and Grantee shall retain its fee simple absolute in the above-described premises free of any right-of-reverter granted by this deed. This right-of-reverter is intended to be in gross, and is personal to the current fee simple owner or owners of the benefitted land and is not ' intended to run with or be appurtenant to any particular land. It is intended to be freely alienable, provided that any assignment of the foregoing right-of-reverter must be made to the fee simple owner of land in Oakland County, Michigan and that any such assignment must be recorded against the property conveyed by this deed. For the purpose of establishing the initial holder or holders of this right-of-reverter, only those fee simple owners of the benefitted land described below as of the date of this deed shall hold the right-of-reverter. (11-22-V76-004) *PRINT NAME BENEATH SIGNATURE UNE IN BLACK INK eLn.,111.1.41,rz_ T€prrijl Hickory Highland Developyient a Michigan cpgrioration By T.= II Rs: President um 2 30 5 4rAGE503 Ji.p. ?(-101 7-2:'71 C. HUGH COMANY, Gaunt/ treasurer 1.00 SLR Sim 135, Act 2e4,1&93asamendad _TEE; - r1=.114 E. LiL OF' :LEL; WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that Hickory Highland Development Corporation, a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy, Michigan 48084 Conveys and Warrants to: County of Oakland, a Michigan constitutional corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 the following described premises situated in the Township of Highland, Oakland County, Michigan: A Part of the Southeast Y4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Mictilganrtfirig rno4arficularly described as Commencing at the Southeast Corner of said Section 20, thence North 02 Degrees 36 Minutes 06 Seconds West 1446.98 feet along the East Line of said Section 20 to the Point of Beginning: thence South 87 Degrees 23 Minutes 54 Seconds West 51.38 feet thence North 65 Degrees 20 Minutes 54 Seconds West 162.32 feet thence North 24 Degrees 39 Minutes 06 Seconds dikEast 100.64 feet thence North 13 Degrees 34 Minutes 18 Seconds East 209.03 feet thence North 63 Degrees 03 Minutes 27 Seconds East 100.28 feet to a Point On the East Line of said Section 20-, thence South 02 Degrees 36 Minutes 06 Seconds East 405.90 feet along said East Line to the Point of Beginning. Si cil,.leu._.11 II- 20- 4o0-005, for the Nil consideration of One Dollar (81.00). _ co,. _ u-Arer oF., w(ALL of) The Grantor grants to the Grantee the right to make 0 Civisions under Section 108 of the Land Division Act, Act No 206 of the Public Acts of 1967. This property may be located within the vicinity of farmland or alarm operation. Generally accepted agricultural and management practices which may generate noise, dust odors, and other associated conditions may be used and are protected by the Michigan Right To Farm Act. Subject to all easements of record. This conveyance is subject to the following restriction: The County Of Oakland agrees that this property is being conveyed for the purpose of operating and maintaining a water supply system and that the property will not be used for any other purpose unless approved by the Highland Township Board. C2774 Dated this 4 day of OA 11" .2001. 017HE PRESENCE OF: GRANTOR: mat t. nforoga as OF MICHIGAN 1 } SS COUNTY OF OAKLAND 1 cbrli On this 7 day of MAV , 2001, before me, the subscribed, a Notary Public it and kr said county, personally appeared A. Mathew 1Criluk,11, President of Hickory Highland Development Corporation, a Michigan corporation, known to me to be the person described in and who executed the within instrument and then acknowledged the execution thereof to he his free act and deed. My Commission Expires: 7_ coy Drafted by and when recorded return to: Michael W. Maddin, Esq. Aladdin. Hauser. Wartell, Roth, Heller & Passes, P.C. 28400 Northwestern Highway, Third Floor Southfield. Michigan 48034-8004 Tax 1.0. Nos.: County Revenue Stamps: Exempt pursuant to MCLA 207.505(a) State Transfer Tax: Exempt pursuant to MCLA 207.526(a) 215120 IERRI GOONS NURKMA Nuay Pubic. Ouited Caunly,111 ktf Commission Naas Aug 7,2004 CAM PAUL DOVE WHEN READY 80984 OK- Puhfic Oakland County. Michigan g ›- g SW. coR. • SEC. 21 , T.3N.,R. 7E. air .t SE. COR. SEC. 20 T.3N..R.7E. URVEY Q OF M-59 (PUBLIC) —200 FT. HALF RD. R/w- 23054PAGE504 IjIlic°R. EXHIBIT 'A' t3N"RJE. AS-BUILT SURVEY OF WATER TANK E. 1/4 COR. SEC. 20 0 T.3N..R.7E. 46 WATER STORAGE TOWER EXCEPTI DESCRIPTION A part of the Southeast 1/4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan. being more particularly described as commencing at the Southeast corner of said Section 20; thence North 02 degrees 36 minutes 06 seconds West 1446.98 feet along the East line of sold Section 20 to the POINT OF BEGINNING; thence South 87 degrees 23 minutes 54 seconds West 51.38 feet; thence North 65 degrees 20 minutes 54 seconds West 162.32 feet; thence North 24 degrees 39 minutes 06 seconds East 100.64 feet; thence North 13 degrees 34 minutes 18 seconds Lost 209_03 feet; thence North 63 degrees 03 minutes 27 seconds East 100.28 feet to a point on the East line of said —1 , Section 20; thence South 02 me P') degrees 36 minutes 06 seconds c•-: East 405.90 feet along said East 0 z line to the POINT OF BEGINNING. P.o.e. 8. WATER TOWER E z 2 0 La .71 1, BRAD F. THOMPSON% REGISTERED LAND SURVEYOR AND ENGINEER IN THE STATE OF MICHIGAN (R.L.S. 23828) DO HEREBY CERTIFY THAT AN AS-BUILT SURVEY OF THE EXISTING WATER TANK WAS PERFORMED UNDER MY DIRECTION ON MAY 9, 2000 SCALES 1"150' 44 SO2'36`OVE 11 51.38' S8723.54"Wj ESMT, ; - lo 14 511. 1 of 1 'BA4-4( rad F. Thom▪ pson, rE., P.S.#23828 DATE: 05-16-01 B.F. THOMPSON, P. C. Registered Professional Engineer & Land Staves*, JOB/ 96-2796 FAX 517/ 548-0040 1520 Gulley Road, Howell, Michigan 48843 517/ 548-3142 MINE PRESENCE OF: 'print name beneath striatum line in black ink COUNTY OF OAKLAND } SS usER 2 3 0 5 4 ',AGE 5 0 5 0 K. ?001 County Treasurer .S.22_51.—ELSec. 135, Act 4E1,1110 as armind6d WARRANTY DEED 270 - ECEIFT; - elee4e eefic1 KNOW ALL MEN BY THESE PRESENTS, that Timber Ridge Investments Limited Partnership. a Michigan tinned padnership, whose address is 30840 Northwestern Highway, Suite 270, Farmington Kills, Michigan 48334 Convey and Warrant to: County of Oakland, a Michigan constitutional corporation. 1200 N. Telegraph Road, Pontiac, Michigan 48341, the following described premises situated in the Township of Highland, Oakland County, Michigan: A part of the Southwest 'A of Section 21, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, beelg more described as commencing at the Southwest Corner of said Section 21, thence North 02 Degrees 36 Minutes 06 Seconds West 1446.98 feet along the West Line of said Section 21 lathe Point of Beginning; thence continuing North 02 Degrees 36 Minutes 06 Seconds West 40590 feet along said West Line; thence North 63 Degrees 03 Minutes 27 Seconds East 180.89 feet thence South 24 Degrees 18 Minutes 26 Seconds East 97.10 feet; thence South 29 Degrees 34 Minutes 39 Seconds East 123.68 feet thence South 07 Degrees 34 Minutes 45 Seconds West 74.01 feet; thence North 78 Degrees 40 Minutes 21 Seconds East 149.35 feat thence South 89 Degrees 54- Minutes 12 Seconds East 108.12 feet thence North 54 Degrees 00 Minutes 00 Seconds East 25.00 feet, thence South 36 Degrees 00 Minutes 00 Seconds East 80.08 feet thence South 54 Degrees 00 Minutes 00 Seconds West 45.00 feet; thence North 36 Degrees 00 Minutes 00 Seconds iffie...... West 69.92 feet thence North 89 Degrees 54 Minutes 12 Seconds West 95.95 feet thence South 78 Degrees 40 Minutes 21 Seconds West 141.90 feet thence South 26 Degrees 34 Minutes 06 Seconds East 80.84 feet thence South 39 Degrees 43 Minutes 50 Seconds West 23.15 feet thence South 87 Degrees 57 Minutes 39 Seconds West 100.19 feet thence South 42 Degrees 23 Minutes 54 Seconds West 138.91 feet thence South 87 Degrees 23 Minutes 54 Seconds West 71.00 feet to the Point of Beginning. Berr-ieete ePc-e--p--1r t i 38 4'-ri lenWEJZ Dcee-" - (above legal falls trip& 6.sie for the tun consideration of One Dollar ($1.00). Sine-IF-LA.4.: 11-21- 352 - r the Grantor grants to the Grantee the right to make 0 divisions under Section 108 of the Land Division Act, Act Na. 288 of the Public Acts of 1967. This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right To Farm Act. Subject to all easements or record_ _ This conveyance is subject to the following restriction: The County Of Daidand agrees that this property is being conveyed for the purpose of operating and maintaining a water supply system and that the property will not be used for any other purpose unless approved by the Highland Township Board. Did ihis1,5 _ day of 4rV341 ,2001. GRANTOR: CALL PALL Dovg WHEN READY sose4 On this IS day of 2091, before me, the subscribed, a Notary Public in and for said county, pareonelly appearedeene theetuto , known to me to be the person described in and who executed the within instrument and then the ex n thereof to be his free act and deed. My Commission Expires: 0 11441C2.- Drafted bv and when reorded return to; Gregor/ J. Garnet:dd. Esq. Mackin, Hauler, Wade., Roth, Heller & Pesses, P.C. 28400 Northwestern Vfiatrivey. Third Floor Soultiesid. lachkeln 48034-8004 Tax ID. Nos.: County Revenue Stamps: Exempt pursuant to MCLA 207.505(e) Stale Transfer Tax: Exempt pursuant to MCLA 207.526(a) - 193298 Notary Public, e MCA PERRY MOWN Ptetie-eeakee Merit se my cantscci4 61/141202 Michigan 11 ne of : 4i So are 40 th re ot hi ntt ye tie 'Cr rtni ma E.1 at wt 0-1 I oi Twriber Ridge Investments Limited Partnership, a Michigan limited partnership tct BY: vg-- gieeSA.(g. CAltelArekAA its: General Partner LIDER 38744 PAGE 10 $13.00 DEED - COMBINED 4.00 REMOROMENTATION 02/14/2037 12:01'08 P.S. RECEIRTt 16896 1111111111111111111111111111 PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON' CLERK/REGISTER OF DEEDS J_ p(Jeeo TITLE COMPANY ex4/4 Noi Public, Coun Michi an City Treasurer's Certificate OAKLAND COUNTY TREASURERS CERTIFICATE LIBER3 876 if NO I 0 35266 HEREBY CERTIFY that there ere re WIENS OT TITLES 35266 IN the stile Os it tratfml ogra a., cialn dcacfrgon enrilTMER on cams cm r Dr: Fr',11.z intsto to OP dale at this iralmaral e apmrs frith:: root io the do except =stated PATRICK M. DOHANY (:;‘) PATRICK H. [MANY, Comityrtestarer Sec. 135, PI 205. 1593 = emended 214°17 001:1.4(8 WARRANTY DEED STATUTORY FORM FOR PARTNERSHIP KNOW ALL MEN BY THESE PRESENTS: That Eagle 119 Venture a Michigan copartnership a registered co-partnership, the address of which is 1460 Walton Blvd, Ste 210 RochosterHills, MI 48309 Conveys and Warrants to County of Oakland a Michigan .constitutional corporation whose street number and postoffice address is • .1200 N. „Telegraph Ri7T. the following described premises situated in the Township of Highland and State of Michigan, to-wit: County of Oakland "Community Well Site" White Eagle Subdivision (Liber294 , Pages 34-49 ) Highland Township, Oakland County, Michigan 5568 Jada Dr metes & bounds description attached together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the sum of One Dollar ($1.00) subject to easements and restrictions of record Dated this 3rd Signed in the presence of ThaLletn0 ar.:00 • kW Wye cAu.ivREN W..Aw • woo FOR Fitac.up day of January —49— 2007 Signed by: Eagle 119 Venture. By VitANZPIP1(4;" - Michael P-Foley, tesident By Foley Land Corp, Partner By STATE OF MICHIGAN 1 COUNTY OPOaklandf SS. The foregoing instrument was acknowledged before me this _ 2 . day of :(;1.(t.la.*CC/3 'h70 -7 _ . _ - by -- Michael P .Foley, „President, Foley Land...Corp , • ' - . (Individual Name (s)) Eagle 119 Venture. partner(s) on behalf of a michigan copartnership._ MARIA L couRymitnerthip. Notary Public, onshcragan t County of Oakland - My Cotinfriks:31on Exs.s Acting. in Inc:County or_V___ grantee (Partnership Name) Draftedby:michael P Foley 1460 Walton Blvd, Ste 210 Rochester Hills, MI 49309 Business Address • My Commission expires Ruth OaInd wrieri ecoauxi lc turn To RECEIVE' Treasurer's Certificate ::: J) 1LT1 Send Subsequent Tax Bills To: grantee 11-01-227-083 $14.00 exempt: MCLA 207.505(a) Tax Parcel # Recording Fee Revenue Stamps 13R38764 160 11. „r. -PUMP HOUSE AREA Port of the North 1/2 at Section 1,- T.314., R.7E., Highland Township, Oakland. County, Michigan, described as: Commencing at the East 1/4 corner of Section 1; thence S.89'01 '31'W. 601.53 feet along the East-West 1/4 line of Section 1 and the centerline of White Lake Road; • thence N.00158'29NW. 376.04 feet to the Point of Beginning; 1. thence NO0'58'29"W 30.35 feet; 2. thence S89•01'31NW 334.09 feet; 3. thence N3636120"E 152.71 feet; 4. thence N5332'25Nr 199,59 feet; 5. thence N36'27'35"E 20.00 feet; 6. thence S53732.25^E 199.64 feet; 7. thence N3636'2011 141.18 feet; 8. thence N48'43'08't 84.96 feet; 9. thence N45'11'50nE 65.12 feet; 10. thence N52'14251t 65.12 feet; 11. thence N48•43'08't 154.32 feet; . 12. thence S49125.011 223.74 feet 13. thence S00'58'06°E 369.57 feet; 14. thence 58901'31"W 306.33 feet to the Point of Beginning. Containing 4.83 acres, more or less. uo41332E222 Parcel No. Project! EASEMENT KNOW ALL MEM BY THESE PRESENTS, That K. A. K. Development, Mae. 3204 Shirley Street, Milford, Michigan maa hereinafter called the Grantor, for and in consideration of the sum of ($1.00 ) paid to them by the county of Oakland, a Michigan constitutional corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Township of -Highland Oakland County, Michigan. (See Attached) R#36 RESMETS PAID 0001 APR.11"90 ii:42AK 8874 MEC 43.00 The Grantor herewith agree not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall he reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. tta[R11332?6223 A map of the above described easement Is attached hereto and made a part hereof. IN WITHESS WHEREOF, the undersigned have hereunto affixed their signatUre(s) this ElemAh day of April In Presence of 4.i< JrTS 2J ) Michael J. Wiz. gaajt5 4 Craigawidns kb Klerk A. Yaw, Presid6nt/Secretary tIB[R11332M224 STATE OF MICBIGAN ) ss COUNTY OF GENESEE ) On this Eleventh day Of April , A.D. 1990 , before me, a Notary Public in and for said County, personally appeared nark A. Roby to me personally known, who being be me severally duly sworn did say that they are respectively the President and Secretary of LAS. Development, Inc., a corporation created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said President and Secretary acknowledged the said instrument to be the free act and deed of the said Corporation. Notary Public Waynard P.dblyers; Jr. County Genesee My Commission Expires: MAY 5, 1991 This instrument drafted by: Miehap1 J. Urizynajtys CORNERSTONE SURVEEENG & ENGINKER1NG, INC. 212 Sliver Lake Road Fenton, Michigan 48430 c,s PROPERTY DESCRIPTICK YL) ug1R1133211225 A part of the W 1/2 of the JEJAand part of the W 1/2 of the SE 1/4 of Sect122_1.04. T3NHR7E, 1342111Rn1 Township, Oakland County, Michigan, described as follows: Commencing at the E 1/4 corner of said Section 10; thence along the '47and - North line of "nERTTAGE FARMS NO. 1" a subdivision as duly-laid out, platted recorded in Liber 146 of Plats, Pages 30, 31, 32, Oakland County Records, N 89°49'39" W 1297.91 feet (Platted as N 89°47'13" W 1298.29 feet) to the • Northwest corner of said plat and the POINT OF BEGINNING of the parcel to be described; thence S 01°1147" W along the Nest line of said plat 229.73 feet; thence N 89°4713" W 348.00 feet; thence N 01°14'25" E 1252.94 feet; thenr-e S 89047'13" E 348.00 feet; thence S 01°15'00"w 1023.21 feet to the POINT OF BEGINNING. Containing 10.01 acres, more or less, and subject to arid including the use of a 60 foot wide private road easement for White House Drive. EASEMENT DESCRIPTION A 12.00 foot wide watermain easement having centerline described as follows: Beginning at a point which is S 01°11'47" W 10.00 feet from the SW Corner of Lot 13 HERITAGE FARMS NO. 1" as recorded in Liber 146 of Plats on Pages 30, 31, and 32, Oakland County Records; thence from said POINT OF BEGINNING N 89°47'13" W 196.40 feet to "POINT A"; thence N89°47'13" W 50.00 feet to the end point of this centerline. Also a centerline described as beginning at said "POINT A" thence N 01°15'00" E 1226.94 feet; thence N 89°47'13" W 151.78 feet to the West line of Rhite House Condominium and the end point of this centerline. Sidwell #: 11-10-251-009-17 WATEANAIK EASEMENT FOR WHITE HOUSE CONDOMINIUM 1006960 Ill 1HE E. 1/2 Of SECTION 10, 136-R7E, HIONLAND 701I4S61R, OAKLAND COUNTY, socHIGAN S 0115 00" W LOT 13 S 811147" W 12.00m SW CORNER OF "NERITAE FARMS NO.-1" I.19ER 146 PAGES 30,31632 S 01'1149" W 229.73' UNIT UNIT 9 UNIT 10 UNIT 11, UNIT 12 UNIT 18 UNIT 14 UNIT 15 UNIT 16 N 011500" E PRESIDENTIAL WAY 12n.o+ hPOINT A EOP UNIT 7 1 UNIT 6 UNIT 5 UNIT 4 UNIT 3 PARK UNITS 1 UNIT 1 EOP N 611425 E 1252.84 CORNERSTONE SURVEVINO AND ENGINEERING 212 5116E9 LAKE RR., FENTON NI. PH 0137 700-0108 748-3770 In presence of j. -rs4omp.-1,,:e L.S.) 7) lege,xxa Richard E. goberP BY ..„4.1.A.A...t Susan D. Robert / 4 a4e-AZX (L-5-) '791ti) dcum:rhu4444.44/4e'"- Notary Public,JVM14-5 704/ Countp, Michigan. My commission eTPTies ati+DP.MOMPSON 1.toNAton Ccur %vv. MI trtre'rn--*;-445A0.1111J11.1 MINJ. .1 4 014 instrument drafted by (and recorded should be returnec3) Brad F. Thompson 1520 Gulley Road y Howell, MI 4884,' (517)548-3142 h t +4-11 "f",!). n-• J • s ; - • - - O.K. This when to: 4 I 14 Si7756 EASEMENT KNOW ALL MEN BY THESE PRESENTS, That Ric:bard E. Roberts 6 Susan D. Roberts p bis wife, hereinafter called the Grantor, for and in consideration one future residential water tap to serve the subject parcel described in Exhibit "A" at no cost to the Grantors and the sum of one dollar and 00/lo0 ($1.00) paid to then by the County of Oakland, a Michigan constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan, do hereby grant to the County and it's agents the right to construct, operate, maintain, repair and/or replace a public water system across and through the following described land situated in the N.E. 1/4 of Section 10, T.3N.,R.7E., Highland Township, Oakland County, michigan, See Exhibit "A" for the legal description of the entire parcel. See Exhibit "B" for the 20 ft. wide permanent water main easement. See Exhibit "C" for the 30 ft. wide temporary water main easement. , Part of Sidwell # 11-10-251-006 IN WITNESS WHEREOF, the undersigned have hereunto affixed their signattrces this .4gOlday of rune., A.D. 1994 "i L y NC. t-1: STATE OF MICHIGAN COUNTY OFLimigiusr,41.....Kmg_o 0AKL1ND) On this c2/E day of June, A.D. 1994, before me, a Notary Public in and for said county, personally appeared Bighsirj_a,. Roberts and Susan D. Roberts, his wife, to me known to be the same persons described in and who executed the within instrument, who then acknowledged the same to be their free act and deed. tM147.PIT4i57 Exhibit "A" to Roberts Watermain Easement 208==i= Of Entire Pereel or Lana A part of the N.E. 1/4 o Section 10., T.3N., R.7E„ Highland Township, Oaklane Coun y, Michiganirdescribed as commencing-GYThe Center of Section 10; thence S. 89 deg 46 min 53 sec E., along the East - West 1/4 line of said Section, 2598.12 ft. to the Last 1/4 Corner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1293.19 ft. Recorded), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1023.29 ft. (N. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thence N. 89 deg 42 min 20 sec w. 318.04 ft. (N. S9 deg 47 min 13 sec W. 318.00 ft. Recorded), to the POINT OF BIAGIUMING; thence N. 89 deg 45 min 49 sec W. 981.26 ft. (N. 89 dei 47 min 13 sec W. 981.29 ft. Recorded) to the North-South 1/4 line of said Section; thence N. 01 deg 10 min 52 sec E., along said North-South 1/4 line, 304.55 ft.; thence S. 68 deg 40 min 08 sec E. 100.30 ft.; thence N. 01 deg 15 min 43 E. 222.23 ft. to the Southerly line of "Bretton Oaks Subdivision No.1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; thence S. 88 deg 48 min 11 sec E. (S. as deg 44 min 17 sec E. Recorded) along said Southerly line, 0.10 ft.; thence S. 78 deg 11 min 32 sec E., along said Southerly line, 60.82 ft. (S. 78 deg 10 min 26 mec E. 61403 ft. Recorded); thence S. 88 deg 38 min 19 sec E. (S. 88 deg 44 min 1" mec F. Recorded), along said Southerly line, 0.10 ft.; thence S. 02 deg 15 min 43 sec W. 100.00 ft.; thence S. 88 deg 40 Thin 08 sec E. 215.00 ft.; thence N. 01 deg 15 min 43 sec E. 59.96 ft. to the Southerly line of "Bretton Oaks Subdivision No.1"; thence S. 88 deg 46 min 18 sec E. (S. 88 deg 44 min 17 E. Recorded), along said Southerly line, 101.84 ft.; thence N. 70 deg 39 min 58 sec E., along said Southerly line 148422 Et. (N. 70 dcg 40 min 09 sec E. 148.04 ft. Recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft., central angle of 26 deg 22 min 35 sec, arc distance of 46.04 ft., chord bearing S. 38 deg s5 main 10 sec W. 45.63 ft. to a point of tangent; thence S. 25 deg 43 min 52 sec W. 22.00 ft. to a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 180.00 deg 00 nin 00 sec, arc distance of 314.16 ft., chord bearing S. 64 deg 16 min 08 sec E. 200.00 ft, to a point of tangent; thence N. 25 deg 43 min 52 sec E. 22.00 ft. to a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 120 deg 32 min 12 sec, arc distance of 210.38 ft., chord bearing N. 34 deg 22 min 14 sec W. 173.67 ft. to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No.1"; thence N. 68 deg 28 min 22 sec E., along said Southerly line, 119.24 ft. (N. 68 deg e5 min 34 sec E. 119.39 ft. Recorded) to the Southeast corner of Lot 1$ of said subdivision ; thence S. 10 deg 41 min 36 sec E. 590.66 ft. (S. 10 deg 43 min 33 sec E. 590.86 ft. Recorded), to the POINT OW BEGINNING, containing 8.675 acres, subject to the rights of the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also sublect to and together with the rights of ingress, egress and public and private utilities over a 60 ft. vide private easement described hereafter, also subject to a 20 ft. wide storm drainage easement described hereafter, also subject to easements and restrictions of record if any. 14778P1J758 Exhibit "B" to Roberts Watermain Easement ft..111,21s.Jamaanant,EgAgx_nin_EAagmtnt A 20 ft. wide permanent water main eauement is described as follows: A part of the W.E. 1/4 of Section 10,1 T.3N., R.7E., Highland Township, Oakland County, Michigan, described as commencing at the Center of Section 10; thence S. 89 deg 46 min 53 sec E., along the East - West 1/4 line of said Section, 2598.12 ft. to the East 1/4 Corner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdivision aa recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1298.29 ft. Recorde0), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1025.19 ft. Og. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thence N. 89 deg 42 min 20 sec W. 318.04 ft. N. 89 deg 47 min 11 sec W. 318.00 ft. Recorded), to the VOINM OP BEGINNING; thence N. 89 deg 45 min 49 sec W. 20.37 ft.; thence N. 10 deg 41 min 36 sec W. 445.85 ft.; thence N. 55 deg 41 min 36 sec W. 11.29 ft. to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft., through a central angle of 16 deg 53 min 28 sec, arc distance of 29.48 ft., chord bearing N. 12 deg 46 min 50 sec W. 29.37 ft.; thence S. 55 deg 41 min 36 sec E. 41.09 ft.; thence S. 10 deg 41 min 36 sec E. 458.00 ft. to the POINT OP BEGINNING. 14778g759 Exhibit "C" to Roberts Watermain Easement ee_et.Wide elemporarv Water Ma;inegeneetres_teten_Fesegemeeeet A 30 ft. wide teeperary water main construction easement is described as the westerly 30 ft. of the easterly 50 ft. of the following described parcel of land. A part of the N.E. 1/4 of Section 10., T.3N., R.7E., Highland Township, Oakland County, Michigan, described as commencing at the Center of Section 10; thence S. 89 deg 46 min 53 sec E., along tbe East - West 1/4 line of said Section, 2598.12 ft. to the Eaet 1/4 Corner of said Section 10; thence N. 89 deg 47 min 30 sec W., along the North line of "Heritage Farms No.1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1297.91 ft. (N. 89 deg 47 min 13 sec W. 1298.29 ft. Recorded), to the Northwest Corner of said subdivision; thence N. 01 deg 16 min 49 sec E. 1023.19 rt. (N. 01 deg 15 min 00 sec E. 1023.21 ft. Recorded); thencc N. 89 deg 42 min 20 sec W. 318.04 ft. N. 89 deg 47 min 13 sec W. 318.00 ft. Recorded), to the POINT OF BEGINNING; thence N. 89 deg 45 min 49 sec W. 981.26 ft. (N. 89 deg 47 min 13 sec W. 981.29 ft. Recorded) to the North-South 1/4 line of said Section; thence N. 01 deg 19 min 52 sec E„ along said North-South 1/4 line, 304.55 ft.; thence S. 88 deg 40 min 08 sea E. 180.30 ft.; thence N. 01 deg 15 min 43 e. 222.23 ft. to the Southerly line of eBretton Oaks Subdivision No.1" as recorded in Liber 164 of Plats, Pages 38-39, oakiand County Records; thence S. 88 deg 48 min 11 sec E. (S. 88 deg 44 min 17 sec E. Recorded) along said Southerly line, 0.10 ft.; thence S. 78 deg 11 min 32 sec E., along said Southerly line, 60.82 ft. (s. 78 deg 10 min 26 sec E. 61.03 ft. Recorded); thence S. 88 deg 38 min 15 sec E. (S. 88 deg 44 min 17 sec E. Recorded), elong said Southerly line, 0.10 ft.; thence S. 01 deg 15 min 43 sec W. 100.00 et.; thence S. 88 deg 40 tin 08 sec E. 215.00 ft.; thence N. 01 deg 15 min 43 sec E. 59.96 ft. to the Southerly line of "Bretton Oaks Subdivision No.1"; thence S. $e deg 46 min 18 sec E. (S. 88 deg 44 min 17 E. Recorded), along said Southerly line, 101.84 ft.; thence N. 70 deg 39 min 58 sec E., along said Southerly line 148.22 ft. (N. 70 deg 40 min 09 sec E. 148.04 ft. Recorded); thence Southwesterly along a curve to the left, radius of 10S.00 ft., central angle of 26 deg 22 min 35 sac, arc distance of 46.04 ft.; chord bearing S. 38 deg 55 min 10 sec W. 45.63 ft. to a point of tangent; thence S. 25 deg 43 min 52 sec W. 22.00 ft. to a poi.nt of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 180.00 deg 00 min 00 sec, arc distance of 3e4.15 ft., chord bearing S. 64 deg 16 min OS sec E. 200.00 ft. to a. point of tangent; thence N. 25 deg 43 min 52 sec E. 22.00 ft. te a point of curve; thence along a curve to the left, radius of 100.00 ft., central angle of 120 deg 32 min 12 sec, arc distance of 210.38 ft., etord bearing N. 34 deg 32 min 14 sec W. 173.67 ft. to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No.I"; thence N. 68 deg 28 min 22 sec E., along said Southerly line, 119.24 ft. (N. 68 deg 35 min 34 sec E. 119.e9 ft. Recorded;1 to the Southeast corner of Lot 15 of said subdivision ; thence S. 10 deg 41 min 36 sec E. 590.66 ft. (S. 10 deg 43 min 33 sec B. 590.86 ft. Recorded), to the POINT OF BEGIN/IMO, contaiving 8.675 acres, subject to the rights of the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also subject to and together with the rights of ingress, egress and public and private utilities over a 60 ft. wide private easement described hereafter, also subject to a 20 ft. wide storm drainage easement described hereafter, also subject to easements and restrictions of record if any. C.3\- UP.F0.15.035?-r8 OCT 3 SI 2-7 2336 - No.ot—,..4.R4.4ORRN - 'M A.M. EASEMENT KNOW ALL MEN BY THESE PRESENTS, That FIRST NATIONAL ACCEPTANCE CO., a Michigan Corporation, 241 E. Saginaw, P.O. Box 4010, East Lansing, Michigan, hereinafter called the Grantor, for and in consideration of the sum of (8 1,00 ) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Charter Township of Highland, Oakland County, Michigan. A part of the Northeast 1/4 of Section 10, T3N, R7E, 7.----- H111111miTownship, Oakland County, MiaSrgan, described as commencing at the center of Section 10; thence S 8946153"E, along the East-West 1/4 line of said Section, 2,598.12 ft to the East 1/4 corner of said Section 10; thence N 89'47130"W, along the North line of "Heritage Farms No 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft ON 89471131,V, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16'49"E, 1,023.19 ft al 01°15,00nE, 1,023.21 ft recorded); thence N 89°42'20W, 318.04 ft (N 89°47113nW, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 8945'49"W, 981.26 ft (N 8947'13"W, 981.29 ft recorded) to the North-South 1/4 line of said Section; thence N 01°19'52"E, along said North-South 1/4 line, 304.55 ft; thence S 88°40'03"E, 180.30 ft; thence N 01°15'43"E, 222.23 ft to the Southerly line of "Bretton Oaks Subdivision No. 1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; thence S 88°48'11"E, (S 88•44,17nE, recorded) along said Southerly line, 0.10 ft; thence S 78°11132"E, along said Southerly line, 60.82 ft (S 78°10'26'1E, 61.03 ft recorded); thence S 88°38'19"E, (S 88°44,1711E, recorded), along said Southerly line, 0.10 ft; thence S 01°15'43"W, 100.00 ft; thence S 88°40'08"E, 215.00 ft; thence N 01*15'43"E, 59.96 ft to the Southerly line of "Bretton Oaks Subdivision No. 1"; thence S 88°46'18"E, (S 88°44P17nE, recorded), along said Southerly line, 101.84 ft; thence N 70°39'58"E, along said Southerly line 148.22 ft (N 70*40109nE, 148.04 ft recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft, central angle of 26°22'35", arc distance of 46.04 ft, chord bearing S 38°55'10W, 45.63 ft to a point of tangent; thence S 25°43'52"W, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 180°00'00", arc distance of 314.16 ft, chord bearing S 64°16108"E, OAL 'WEND Y RUERFJ WHEN READY 80958 Parcel tf1701,51-0- - 200.00 ft to a point of tangent; thence N 25'43'52"E, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 120°32'12", arc distance of 210.38 ft, chord bearing N 34°32114"W, 173.67 ft to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No. 1"; thence N 68°28'22'E, along said Southerly line, 119.24 ft (N 68°35,34,B, 119.39 ft recorded) to the Southeast corner of Lot 15 of said subdivision; thence S 10°41'36"E, 590.66 ft (S 10443•3311E, 590.86 ft recorded), to the POINT OF BEGINNING. Sidwell No. 11-10-251-017 A PERMANENT EASEMENT DESCRIBED AS POLLOWS: A 20 ft wide permanent water main easement is described as follows: A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland Township, Oakland County, Michigan, described as commencing at the center of Section 10; thence S 89°46'53"E, along the East-West 1/4 line of said Section, 2,598.12 ft, to the East 1/4 corner of said Section 10; thence N 89°47'30"W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft ON 89.47,18"W, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16149"E, 1,023.19 ft (14 0115,00"E, 1,023.22 ft recorded); thence N 89°42120"W, 318.04 ft (N 89°47'13,1W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89'45'49"W, 20.37 ft; thence N 10°41'36"W, 445.85 ft; thence N 5541'36"W, 11.29 ft to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft, through a central angle of 16'53'28", arc distance of 29.48 ft, chord bearing N 12°46'50"W, 29.37 ft; thence S 55°41'36"E, 41.09 ft; thence S 10°41'36"E, 458.00 ft to the POINT OF BEGINNING. The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the 'exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. N. Notary Public i\--County, My Cordmission xpires: This instrument drafted by: James W. Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1507 LfE1L 5035N6 IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures this 9th day of September , A. I)., 1994. In presence of Elberta E. RoseEferry 4. Dianne M. Somers FIRST NATIONAL ACCEPTANCE CO., a Michigan Corporation 17 __A- --,-. n (L.S.) Harriet F. Brown Vice President (L.S.) (L.S.) (L.S.) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF ) On this 9th day of September , A.D., 1994, before me, a Notary Public in and for said County, personally appeared Harriet F.Brown and to me personally known, who being by me severally duly sworn did say that they are respectively the Vice President and of the FIRST NATIONAL ACCEPTANCE CO., a Michigan Corporation, a corporation created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said Vice President and acknowledged the said instrument to be the free act and deed of the said Corporation. TEN/kmb WPS1-D:\MEISTER\FNAC.8HW\8/10/94 1177P101j5PC827 nn••n OAKLAND COUNIY DRAIN COMMISSIONER PROJECT RIGHT-OF-WAY DEPARTMENT PERMANENT EASEMENT ei 1.n••••1 • • • • • • •,•,• EASEMENT PARCEL NO. AV-7/"")//// DRAWING OF TEMPORARY EASEMENT ETZME1 SOWELL NO //- PP11,5035Pr,8?8 141etlo,r-a T. Ocr I 3 942 7 2 3 9 7 Parcel No..8-HIWW R'EmaN Cgs - 1.;n1I55TON EASEMENT KNOW ALL MEN BY THESE PRESENTS, That RICHARD E. ROBERTS and SUSAN D. ROBERTS, his wife, 4576 Bretton Lane, Highland, Michigan 48356, hereinafter called the Grantor, for and in consideration of the sum of ($.../Pr... ) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Charter Township of Highland, Oakland County, Michigan. A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland _Township, Oakland County, M1chtan, described as commencing at the center of Section 10; thence S 89°46,53"E, along the East-West 1/4 line of said Section, 2,598.12 ft to the East 1/4 corner of said Section 10; thence N 8947130"W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft (IN 89'47,13HW, 1,298.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°16,49"E, 1,023.19 ft (N 0115100HE, 1,023.21 ft recorded); thence N 89°42120"W, 318.04 ft (N 89'47113HW, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45'49"W, 981.26 ft (489°47113'1W, 981.29 ft recorded) to the North-South 1/4 line of said Section; thence N 01•19152"E, along said North-South 1/4 line, 304.55 ft; thence S 88°40'08"E, 180.30 ft; thence N 0115'43"E, 222.23 ft to the Southerly line of "Bretton Oaks Subdivision No. 1" as recorded in Liber 164 of Plats, Pages 38-39, Oakland County Records; thence S 88'48111"E, (S 88'44117HE, recorded) along said Southerly line, 0.10 ft; thence S 78°11'32"E, along said Southerly line, 60.82 ft (S 7810,26HE, 61.03 ft recorded); thence S 88°381190E, (S 88°44,1711E, recorded), along said Southerly line, 0.10 ft; thence S 01°15'43"W, 100.00 ft; thence S 88°40108"E, 215.00 ft; thence N 01°15'43"E, 59.96 ft to the Southerly line of "Bretton oaks Subdivision No. 1"; thence S 88°46118"E, (S 8844117HE, recorded), along said Southerly line, 101.84 ft; thence N 70°39'58"E, along said Southerly line 148.22 ft (N 70'40,0981E, 148.04 ft recorded); thence Southwesterly along a curve to the left, radius of 100.00 ft, central angle of 26°22'35", arc distance of 46.04 ft, chord bearing S 38°55'10"W, 45.63 ft to a point of tangent; thence S 25*43152"W, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 180°00'00", arc distance of 314.16 ft, chord bearing S 64°16108"E, •CALL WHEN READY 80958 ox.fax Li:5[45035 Pr-.2.9" 200.00 ft to a point of tangent; thence N 25°43/52"E, 22.00 ft to a point of curve; thence along a curve to the left, radius of 100.00 ft, central angle of 120°32'12", arc distance of 210.38 ft, chord bearing N 34°32'14"W, 173.67 ft to a point on the Southerly line of Lot 15 of "Bretton Oaks Subdivision No. 1"; thence N 68°28'22/E, along said Southerly line, 119.24 ft ON 68°24,34,E, 119.39 ft recorded) to the Southeast corner of Lot 15 of said subdivision; thence S 10°41'36"E, 590.66 ft (S 10•43,33"E, 590.86 ft recorded), to the POINT OF BEGINNING. Bidwell No. 11-10-251-017 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A 20 ft wide permanent water main easement is described as follows: A part of the Northeast 1/4 of Section 10, T3N, R7E, Highland Township, Oakland County, Michigan, described as commencing at the center of Section 10; thence S 89°46'53"E, along the East-West 1/4 line of said Section, 2,598.12 ft, to the East 1/4 corner of said Section 10; thence N 89°47'30"W, along the North line of "Heritage Farms No. 1" subdivision as recorded in Liber 146 of Plats, Pages 30-32, Oakland County Records, 1,297.91 ft ON 89"47,13"W, 1,248.29 ft recorded), to the Northwest corner of said subdivision; thence N 01°1649"E, 1,023.19 ft (N 0115,00"E, 1,023.21 ft recorded); thence N 89°42020"W, 318.04 ft (N 8947,13,1W, 318.00 ft recorded), to the POINT OF BEGINNING; thence N 89°45'49"W, 20.37 ft; thence N 10°41136"W, 445.85 ft; thence N 55°41/36"W, 11.29 ft to the Easterly line of an existing well house property and point of non-tangent curve; thence along a curve to the left, radius of 100.00 ft, through a central angle of 16°53'28", arc distance of 29.48 ft, chord bearing N 12°46'50"W, 29.37 ft; thence S 55°41'36E, 41.09 ft; thence S 10°41'36"E, 458.00 ft to the POINT OF BEGINNING. The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. €tL E. ERTS (.1 / 4. 14,-(24W 4 I 6' h SUSAN D. ROB TS d-',-_c-=-Z9 &di -,,ve i 35P r. bdi IN WITNESS WHEREOF, the undersigned have hereto affixed their signatures this Qt_q*4-- day of , A. D., 1994. In presence of (L.S.) ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND On this Fjr"//,, day of1-7.eygdc2--- , A.D., 1994, before me, a Notary Public in and for said County, appeared RIMMED E. ROBERTS and SUSAN D. ROBERTS, his wife, to me personally known to be the same person (s) described in and who executed the foregoing instrument and acknowledged the same to be their free act and deed. ,Notary Publlb county, My Commission Expires: CHARLES V. CLAPHAN Notary Pubic, tivieptoo Couaky, Conairsion Expires Nov, 29,1999 This instrument drafted by: James W. .Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1907 TEM/kmb WRE1-D:\MEISTER\SEIWW.RER\9/13/94 41,10116000044, ir 0104" ,4 AlatP ; AA". A 4b. A.As. AA:dab - 4t, OAKLAND COUNTY DRAIN COMMISSIONER PROJECT EASEMENT PARCEL. NO---`3'./7 -./4/11/ DRAWING L. OF .....L PERMANENT EASEMENT 4•41.-•:••••••••••••••• TEMPORARY EASEMENT EMM SIDWELL NO. //-- I RIGHT-Or-WAY DEPARTMENT r,yd 35pc83-1 LIBER17270%99 EASEMENT AGREEMENT RI`n,5..r.,INE ie - THIS EASEMENT AGREEMENT made and entered into this 16th day of May,1997,'12*=ar.ici_b-elw-eenrtlic Ccittirj.c)f Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph PbntihAthigan George W. Kuhn, Oakland County Drain Commissioner, acting as Agent for the Coun*f,OaklaniF(We''rein-aftercalled th "Owners") and Prestwick Village Golf Club, a Michigan non-profit corporation, whose addieSslls TWOrestiA.CleTriail, Higfil6Frai,g3 Michigan 48357 ("Prestwick Village"). WITNESSETH: WHEREAS, the Owners are owners of certain property as Deed Holder, said property being more particularly described as: the Northwest 1/4 of Sertion_28 and the Northeast 1/4 of Section 28, T.3N-R.7E., ighland Township, Oakland County, Michigan, more particularly described as follows: Commencing at the North 1/4 corner of said Section 28; thence along the North-South 1/4 line of said Section 28, S. 01°5258"E., 363.08 ft.; thence N. 86°56'39"E„ 432.49 ft. to the point of beginning of the parcel to be described; thence continuing N. 86°56'39"E., 20.00 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of 185°44'21" and a long chord which bears S. 00°1110"E., 199.75 ft.; thence on an arc right having a length of 324.18 ft.; a radius of 100.00 ft., a central angle of 185°44'21" and a long chord which bears N. 05°55'31"W., 199.75 ft. to the point of beginning, containing 0.81 acres, more or less. Sidwell #Pt. 11-28-100-004 (the "Property"). WHEREAS, there is located over and within said property certain improvements consisting of a wellhouse, pumps and related appurtenances and two 100 foot isolation agasAtircounding g se. Said Property having been deeded to the Owners on 5-A-47 and recorded in Liber/1-01 -t• yPage(s) tP-if ott kland County Records to construct, operate, maintain, repair and/or replace said wellhouse and related appurtenances (collectively the "Water Supply System"); WHEREAS, part of the Property is located on or along the seventh hole of Prestwick Village Golf Course, located in Highland Township, Michigan, including the fairway, rough, golf cart path and related areas (the "Golf Course"); and WHEREAS, Prestwick Village proposes to construct, operate, maintain, repair and/or replace the fairways, golf cart paths, roughs, and landscaping at the Golf Course and allow its members to ingress and egress the Golf Course to play golf and related activities, all as set forth herein. NOW, THEREFORE, in consideration of the premises and covenants and undertakings hereinafter contained, and for One and 00/10D ($1.00) Dollar, receipt of which is hereby acknowledged, the Owners and Prestwick Village mutually agree as follows: 1. Subject to the provisions of this Easement Agreement, including, without limitation, paragraphs 7, 8 and 9 hereof, Owners hereby grant to Prestwick Village an easement in, over, under and through the Property for the purpose of (a) constructing, operating, maintaining, repairing and/or replacing the Golf Course, Including the fairway, roughs, golf cart paths, bunkers, landscaping and related amenities, and the right to plant trees, bushes and shrubs, lay sod, mow the existing fairway and roughs, and the right to construct, operate, maintain, repair and replace an irrigation system for the purpose of maintaining the landscape at the Golf Course and (b) entering upon the Property to play golf, including, without limitation, the right to operate a golf cart on the Property and other activities incidental to the operation, maintenance, repair and usage of the Golf Course. The easement shall be for the benefit of Prestwick Village and its employees, guests, licensees, invitees, agents, contractors, successors and assigns, whose rights shall be derivative of Prestwick Village. Without limiting the scope of the above easement, Prestwick Village shall have the right to construct, operate, maintain, repair and replace two (2) bunkers adjacent to the wellhouse, lay sod on the portion of the Property adjoining the wellhouse and construct an irrigation system for the purpose of maintaining the landscape at the Golf Course. Except as set forth in the preceding sentence, Prestwick Village shall have no right to construct any future additional improvements without the prior written consent of Owners. In order to protect the health, safety and welfare of the public, Owners shall have the sole discretion to grant or deny such requested approval for any future additional improvements; provided, however, that if Owners determine that there would be no adverse impact on the health, safety or welfare of the public from such future additional improvements, Owners shall not unreasonably withhold approval. 2, Prestwick Village shall be responsible for any and all costs for damages and/or repairs to the Water Supply System located at the Property caused by the intentional or negligent acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns or otherwise arising out of, in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof. - - ox, NU, IIBER17270 PV700 3. Prestwick Village shall indemnify the Owners against, and shall forever hold the Owners harmless from, any and all losses, liabilities, actions, claims, demands, costs, expenses, injuries or damages of any kind or nature (collectively, "Damages") to the Water Supply System located at the Property (a) caused by the intentional or negligent acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns or (b) otherwise arising out of, in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof. This paragraph shall not apply to environmental liabilities which shall be governed solely by paragraph 6 below. 4. Except as provided below, Owners shall have no responsibility or liability whatsoever for any injuries or damage to the Golf Course or for any injuries to persons or property arising out of, in connection with or in relation to the construction, operation, maintenance, repair or replacement of the Water Supply System or any part thereof, or the construction, operation, maintenance, repair or replacement of the Golf Course or any part thereof, except for any losses, liabilities, actions, claims, demands, expenses, injuries to person or property or damages to the Golf Course or other damages (collectively, "Claims") caused by any act or omission of Owners or their employees, agents, contractors, successors and assigns, whether negligent, intentional or otherwise (collectively, "Owners' Obligation"). Except for Owners' Obligation, Prestwick Village agrees to indemnify and hold harmless Owners and their employees, agents and contractors from (a) any injuries to person or damage to property arising out of, in connection with or in relation to the construction, operation, maintenance, repair or replacement of the Golf Course or any part thereof and (b) any Claims relating to injuries to persons or damage to property within the areas of the Golf Course (excluding, however, injuries to persons and damage to property arising out of, in connection with or in relation to the wellhouse and the Water Supply System). This paragraph shall not apply to environmental liabilities which shall be governed solely by paragraph 6 below. 5. Prestwick Village agrees to use the Property only for the Golf Course purposes set forth in paragraph 1 hereof, and only in strict compliance with all terms and provisions of this Easement Agreement. Subject to the provisions of this Easement Agreement, Prestwick Village's right to operate, maintain and use the Property as a golf course shall be subordinate to Owners right to operate, maintain, repair and replace the Water Supply System. If any improvements at the Property, or any part thereof interfere with the operation, maintenance, repair or replacement of the Water Supply System within the Property, said improvements shall be immediately removed, relocated, or altered as may be necessary, without expense to the Owners. 6. Prestwick Village agrees to provide Owners with a fist of all chemical substances to be apPlied to the.GOlf Course and the rate of application of such chemical substance on an annual basis. in addition, Prestwick Village will furnish Owners with the relevant (M.S.D.5.) Material Safety Data Sheet for each of the chemical substances to be applied to the Goff Course thirty 130) days prior to application. Prestwick Village shall be responsible for all costs incurred by Owners (upon receipt of appropriate documentation) to test the chemical substances within the Property provided the testing is conducted no more than two (2) times per year or more frequent testing if required by the Michigan Department of Environmental Quality or if there is an environmental risk to the public health. Further, due to the nature of the Owners' facilities at the Property, Prestwick Village shall be responsible for and shall indemnify and hold the Owners harmless from any and all costs and damages relating to the release of any contaminants or hazardous materials (a) as a result of the negligent or intentional acts or omissions of Prestwick Village or its members, officers, directors, employees, guests, licensees, invitees, agents, contractors, successors and assigns at the Property or (b) otherwise arising out of in connection with or in relation to the construction, operation, use, maintenance, repair or replacement of the Golf Course or any part thereof; provided, however, that in all events, Prestwick Village shall be liable (and be obligated to indemnify Owners) only to the extent Prestwick Village is liable for the release of any contaminants or hazardous materials pursuantto applicable environmental laws. Prestwick Village shall promptly and timely remediate at Prestwick Village's expense any contamination for which Prestwick Village is liable under applicable environmental laws pursuant to and in accordance with such environmental laws. 7. Subject to Owners' right to protect the public's health, safety, and welfare, Owners shall use the Golf Course as a fast resort for the purpose of ingress and egress to the Water Supply System and the Property. If Owners are compelled to ingress and egress through the Golf Course to protect the public's health, safety and welfare or if the Owners need to make repairs, maintain, make improvements to, or replace the Water Supply System, Owners shall use reasonable efforts to (a) not disturb or damage the Golf Course or any improvements thereon (including the part of the Golf Course within the Property), (b) complete ail repairs with reasonable dispatch and (c) not unreasonably interrupt or interfere with play at the Golf Course (including the part of the Golf Course within the Property); provided that Owners can comply with these standards while at the same time protecting the health, safety, and welfare of the public, but if such standards cannot be complied with by Owners while protecting the health, safety and welfare of the public, Owners shall not have any obligation to comply with such standards. a_ If Prestwick Village fails to comply with any of the terms and conditions of this Easement Agreement, Owners shall provide Prestwick Village with written notice of such non-compliance. Notice may be given by personal delivery, telefax, registered or certified mail. Provided that notice is given in one of those manners, notice shall be deemed effective on the date it is sent. Prestwick Village shall have ninety (90) days from the date of such notice to cure such non-compliance to the satisfaction of Owners, in their sole discretion unless compliance within ninety (90) days is not reasonably possible in which event Prestwick Village shall not be deemed to be in breach of this Easement Agreement so long as Prestwick Village has begun to cure such non-compliance and is diligently pursuing such cure_ If, however, there is a threat to the health, safety or welfare of the public, the applicable cure period may be shortened to a period of time less than ninety (90) days as determined by the appropriate governmental authorities in accordance with applicable law. 9. In the event that Prestwick Village fails to comply with any term or condition of this Easement Agreement and fails to cure the non-compliance in strict compliance with the provisions of paragraph 8, Owners shall have the right to take such actions necessary to protect the health, safety and welfare by restricting the activities at the Golf Course causing such non-compliance, short of terminating the playing of golf and incidental activities; but if Owners determine that termination of this Easement Agreement is necessary to protect the health, safety and welfare, Owners shall have the right to terminate this 2 By: V. ,./GeOige W. 'Ieu' / Oakland Cdu ty Drain Commissioner Agent for the County of Oakland MARK W. DAVIS LUER17270Pri01 Easement Agreement. In that event, Owners are authorized to record in the Register of Deeds Office an appropriate instrument confirming the termination of this Easement Agreement and any and all rights and interests granted hereunder. 10_ Prestwick Village shall, at its cost and expense, maintain a broad form comprehensive policy by the terms of which Owners are named as an additional named insured. Such insurance policy or policies shall be maintained on the minimum basis of $1,000,000 for damage to property and $1,000,000 for bodily injury or death per accident. Prestwick Village shall deliver to Owners certificates of the insurance policylies) or appropriate declaration provisions_ All insurance policies shall contain the provision that thirty (30) days prior to any change, termination or cancellation of coverage, the insurance company will provide written notice to Owners. 11. The terms, conditions, covenants and other provisions contained in this Easement Agreement shall run with the land and be binding upon an inure to the benefit of each of the parties hereto and their respective agents, successors and assigns; further, this instrument shall be recorded in the Register of Deeds Office, Oakland County, Michigan, as a condition precedent to effectuation of the Easement Agreement. 12. This Easement Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the parties relating to the subject matter hereof, and all prior oral or written agreements are hereby terminated. WITNESS: c\71 ,0110,,/3 Karen S. Mullins Deborah A. Beauvais PRESTWICK VILLAGE GOLF CLUB, a Michigan no rofit coToration By: Roy/A. Gaduey, ., Preside COUt1T1Of/ OAKLAND ACKNOWLEDGEMENT STATE OF MICHIGAN s. COUNTY OF OAKLAND On this 16th day of May, 1997, before me appeared Roy Gaddey to me personally known, who being by me duly sworn did say that he is the President of the Prestwick Village Golf Club, a Michigan non-profit corporation, and that said instrument was signed on behalf of Prestwick Village Golf Club. 4.-6„,-(24/ Nadia Denysenko, Nota#y Public Macomb County, Michigan acting in Oakland County My commission expires: 11129/2000 3 LIPER 17270002 ACKNOWLEDGEMENT STATE OF MICIUGAN ) )ss COUNTY OF OAKLAND ) On this 16th. Day of May, 1997, before me appeared George W. Kuhn, to me personally known, who being by me duly sworn did say that he is the County Drain Commissioner, acting as Agent for the County of Oakland, State of Michigan, a Michigan Constitutional Corporation, created and existing under the laws of the State of Michigan, and that the said Agreement as signed and sealed in behalf of said corporation by authority of its Board of Directors, and the said County Drain Commissioner acknowledged said instrument to be the free act andcleed of the said Corporation, 7' _I 1:,/ Notarftic 0 0.1k County, My Commission Expires: PAUL E. DO No, Czidand County; VI DOM* 25c 20M This instrument drafted by and when recorded, return to: James W. Isaacs, Jr., Office of Oakland County Drain Commissioner One Public Works Drive Waterford, Michigan 48328-1907 i-1; Aib.j LIBER 2 3 0 5 4PAGE 5 3 0 177429E- Li1.7 23l1 Pfa 531 .;;ECOR5INr3 12 11 R7ttriNtIrNMTnii Jilt o9E.Eci4i 1E-1.737 PCITD 151:51551 - 551L555 MP? Di COLE [, 123 IEFg/FKSTER F 15515 EASEMENT KNOW ALL MEN BY THESE PRESENTS, That HICKORY HIGHLAND DEVELOPMENT CORPORATION a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169 and COBBLESTONE CONDOMINIUM ASSOCIATION, INC., a Michigan non-profit corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169, collectively the Grantors, for and in consideration of the sum of ONE ($1.00) DOLLAR paid to them by the COUNI'Y OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac Michigan 48341, do hereby grant to the County a permanent easement to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land a , situated in the Township of Highland, Oakland County, Michigan_ A part of the Southeast 1/4 of Section 20, T-3-N, R-7-E, Highland Township, Oakland County, Michigan, being nictraularly-deatatibed as commencing at the Southeast corner of said Section 20, thence N 02° , 36' 06" W 1852_88 feet along the East line of said Section 20 to the point of benning; thence S 63° 03' 27" IV 100.28 feet; thence N 13° 34' 18" E 25.71 feet; thence N 04° 05' 01" E 163.82 feet; thence N 54' 40" E 177.37 feet; thence N 78° 39' 53" E 23.97 feet to a point on the East line of said Section 20; thence S 02° 36' 06" E 322.17 feet along said East line to the point of beginning. Sibwet-t_ I -Zo 400 - 00 S Or oF A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: See Exhibit "A" (Easement "P") The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. Any construction of any facility other than a facility directly related to the operation of the water system and any creation or construction of any holding ponds, lagoons or other such water retaining or processing facilities shall require the prior approval of the Highland Township Board, the Timber Ridge Homeowners Association and the Cobblestone Condominium Association (or their respective successors or assigns). All trees within the permanent easement can be removed and not replaced_ The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. CAU- PAIL DOVE The above described easement is depicted as Easement F on Exhibit A, attached. VgliSI READ'? 60°W, 0 K — LG Easement F LER 2 3 0 5 4 PAGE 5 31 og Tfri IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures this / day of C--. Notary Public, County, Michigan My Commission Expires:1) t. Z-CD C-4 TvIA , 2001 WITNESSES: 72 By: 1" • "-"----- /4 print-: --re y-y--", C.. ,-, s HICKORY HLAND DEVELOP CORPORA N, a MiXigan corpoki okrD.,e2,06i4 COBBLESTO COND IINTUINdf 211-;20CIATION, INC., a Mic ofit co oration/. By: Its: rr e S print: p1.6t: STATE OF MICHIGAN ) ss COUNFY OF OAKLAND ) On this 9714 day of NA V , 2001, before me, a Notary Public in and for said County, appeared A. Mathew Kiriluk, II to me personally known, who being duly sworn by me did say that he is the President of Hickory Highland Development Corporation, a Michigan corporation, and that said instrument was signed in behalf of said company, STATE OF MICHIGAN TERRI COONS NURKALA ) ss COUNTY OF OAKLAND ) Notary Public, Oakland County, MI My Commission Expires Aug 7,2004 On this 77'14 day of MAY , 2001, before me, a Notary Public in and for said County, appeared ç. to me personally known, who being duly sworn by me did say that (he/she) is the ? of Cobblestone Condominium Association, Inc., a Michigan non-profit corporation, and that said instrument was signed in behalf of said company. Notary Public, Comity, Michigan My Commission Expires: This instrument drafted by and when recorded return to: GREGORY J. GAMALSKI, Esq. Maddin, Hauser, Wartell, Roth, Heller & Pesses, P.C. 28400 Northwestern Hwy., 3rd Floor Southfield, Michigan 48034 (248) 827-1893 249201+,2 TERRI COONS NURKALA NMI/ Public, Oakland County, MI My Commission Expires Aug 7,2004 Easement F 46 N713.39'53,' 23.97Th LIBER 2 3 0 5 4PA6E532 E 1/4 CO SEC. 20 T.3N.,R.7E. 10 11 ESMT. "D" 12 CNI LJ10 (..6 ZLJO (7) co< 0 Z Ef)0Y=0:1< < < 4.1 00C/)O. W. 1/4 COR. SEC. 21 EXHIBIT 'A" T.3N.,R.7E. EASEMENT "F" Southeast 1/4 of Section 20, Town 3 North, Range 7 East. Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20: thence North 02 degrees 36 minutes 06 seconds West 1852.86 feet along the East line of said Section 20 to the POINT OF BEGINNING: thence South 63 degrees 03 minutes 27 seconds West 100.28 feet; thence North 13 degrees 34 minutes 18 seconds East 25.71 feet; thence North 04 degrees 05 minutes 01 seconds East 163.82 feet; thence North 10 degrees 54 minutes 40 seconds East 177_37 P.O.B. feet; thence North 78 degrees ESMT. *F" 39 minutes 53 seconds East 23.97 feet to a point on the East line of said Section 20; eq..J 0 thence South 02 degrees 36 < Z minutes 06 seconds East 322.17 no feet along said East line to the OZI <v POINT OF BEGINNING. cJ cri Tcy z z 6 < id La _1 tr$ Li CO r) 04 " Cl)o o LUZ (1 I— 2 o 0 SW. CPR. SEC_ 21 T.3N.,R.7E. SE. CDR, SEC. 20 T.3N.,R.7E. 'SURVEY Q OF M-59 (PUBLIC) —200 FT. HALF RD. R/W- SW. 1 of 1 DATE: 05-16— 01 B.F. T115107.111.P5S4801 P 142. C. JOB# 96-2796 FAX 517/ 548-0049 f grad F. Thompson, P.E., P.S.#23828 Registered Professional Engineer & Land Surveyor 1520 Gulley Road, Howell, Michigan 48843 -44-• _7 ! • • r LIBER 2 3 0 5 4 ME 5 3 3 ' L7T.,EP.2Lr ;OE '.:6;:tE/2K1 Et!] 42 REr.:EF'7.T ;E:OP-In - 1A1L12 CM,F17 CLERKIREKER g CALL PALL DOVE WHEN READY exam KNOW ALL MEN BY THESE PRESENTS, That HICKORY HIGHLAND DEVELOPMENT CORPORATION a Michigan corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169 and COBBLESTONE CONDOMINIUM ASSOCIATION, INC., a Michigan non-profit corporation, whose address is 201 West Big Beaver Road, Suite 1200, Troy Michigan, 48084-4169, collectively the Grantors, for and in consideration of the sum of ONE (S1.00) DOLLAR paid to them by the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac Michigan 48341, do hereby grant to the County a permanent easement to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the Township of Highland, Oakland County, Michigan. A part of the _Southeas014 of Section 20, T-3-N, R-7-E, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20, thence N 02° 36' 06' W 1358.24 feet along the East line of said Section 20 to the point of beginning; thence S 60° 50' 00" W242.68 feet; thence N 16° 52' 34" W 127,23 feet; thence N 04° 15' 13" W43.48 feet; thence N 24° 39' 06" E 117.93 feet; thence S 650 20' 54" E 162.32 feet; thence N 87° 23' 54" E 51.38 feet to a point on the East linslof said Section 20; thence S 02° 36' pc E 88.74 feet along said East line to the point of beginning. l:t7, pc-cP k 2CP, " C!-c'e'F-1 6 -0J0 NT EASEMENT DESCRIBED AS FOLLOWS: See Exhibit "A" (Easement "D") The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. Any construction of any facility other than a facility directly related to the operation of the water system and any creation or construction of any holding ponds, lagoons or other such water retaining or processing facilities shall require the prior approval of the Highland Township Board, the Timber Ridge Homeowners Association and the Cobblestone Condominium Association (or their respective successors or assigns). All frees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. The above described easement is depicted as Easement D on Exhibit A, attached. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures this c)-1- day of Nk 2001 EASEMENT APE ?k Likelnent D COBBLESTOCONDO INC., a Miehitah non, By: ° Its: lire_S SSOCIATION, fatien HICKORY HIGHLAND DEVED, OPMENT CORPORATION, a MichigarrborPoration ./2./ _ )7:7- A.'Mathev?Kiriluk, II, President By: LT[112305 4PAGE534 WITNESSES: Ct,Th? 744,14.-Z--- ' Cc, 0,-S l'Atkr rut,"217.61-zekat)---' g-fzie., Noivagasi4 -7114,1„e.— print: "Teri, J'V-2165-7ziekevLi plam DigacA STATE OF MICHIGAN ) as COUNTY OF OAKLAND On this 97-1.1 day of MA , 2001, before me, a Notary Public in and for said County, appeared A. Mathew Kiriluk, II to me personally known, who being duly sworn by me did say that he is the President of Hickory Highland Development Corporation, a Michigan corporation, and that said instrument was signed in behalf of said company. STATE OF MICHIGAN ) ss COUNTY OF OAKLAND ) appeared etrr it to me personally known, who being duly sworn by me did say that (he/she) is On this ;14 day of H Ajiri , 2001, before me, a Notary Public in and for said County, the Pras; of Cobblestone Condominium Association, Inc., a Michigan non-profit corporation, and that said instrument was signed in behalf of said company. Alrot a-tr,„J Notary Public, OG4o..„L County, Michigan My Commission Expires: iZ-1, X0 t)'-i This instrument drafted by and when recorded return to: GREGORY J. GAMALSKI, Esq. Maddin, Hauser, Waite% Roth, Heller & Pesses, P.C. 28400 Northwestern Hwy., 3rd Floor Southfield, Michigan 48034 (248) 827-1893 245800v2 TERRI COONS NURKALA Notary Public, Oakland County, MI My Commission Expires Aug 7,2004 Easement D Notary Public, (4-)c-c_tc._&_ County, Michigan My Commission Expires: P,kkq TERRI COONS NUKKALA Notary Public, Oakland County, MI My Commission Expires Aug 7,2004 E. 1/4 CO SEC. 20 T.3N.,R.7E. SW. COR. SEC. 21 T.3N.,R.7E. SE. COR. SEC. 20 7.3N.,R.7E. 'SURVEY C OF M-59 (PUBLIC) —200 FT. HALF RD. R/W- LigER23054PAR535 46 S 02 136'06 " E 2455.01 ' w. 1/4 21/4C°R SE - EXHIBIT IA' T.3N.,R.7E. EASEMENT "D" A part of the Southeast 1/4 of Section 20, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, being more particularly described as commencing at the Southeast corner of said Section 20; thence North 02 degrees 36 minutes 06 seconds West 1358.24 feet along the East line of said Section 20 to the POINT OF BEGINNING; thence South 60 degrees 50 minutes 00 seconds West 242.68 feet; thence North 16 degrees 52 minutes 34 seconds West 127.23 feet; thence North 04 degrees 15 minutes 13 seconds West 43.48 feet; thence North 24 deg 39 minutes 06 seconds East 117.93 feet; thence South 65 degrees 20 minutes 54 seconds East 162.32 feet; thence North 87 degrees 23 minutes 54 seconds East 51.38 feet to a point on the East line of said Section 20; thence South 02 degrees 36 minutes 06 seconds East 88.74 feet along said East line to the POINT OF BEGINNING. 51.38' N87"23'54"E 11 ESMT. "D" 12 Brad F. Thompson, PE., P.5423828 DATE: 05-16-01 B.F. THOMPSON, P.C. Registered Professional Engineer & Land Surveyor 517/ 548-3142 JOB# 96-2796 FAX 517/ 548-0049 h.) SH. 1 of 1 1520 Gulley Road, Howell, Michigan 48843 NBER3 3 4 58 E1-1. 4 9 JUN 2 2.004 i h 0.74 Cadde 7:::7),teds Oakland Ce.unr3:20 4t4 a-rt.41.0 s -?5-3",26 LIER 33458 NEE 449 $19.D3 MISC RECDRDIHs $4.1)Z) REKDWIJNEgTATIN Z1613D120N $1137:1E P.11. TICEIPP4 5946a PAID RECaDED - DAKLAUD C54NTT G.UILLIM CADDELL! CLERK/REGISTER DE DEEDS WATERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that DIVIG Investments, a Michigan Co-Partnership, for and in consideration of the sum of (81.00) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a watermain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION PRE SEE EXHIBIT "A" A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others pennission to build any pennanenf------ structures on the above described permanent easement All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this -?-7 day of dio,AL., , A.D., 2004. WITNESSES: (Two Required) , ____ZzdeAdiLaZZ Signature: Print Name in Black Ink: BEZ)INTO O.C. DRAIN - KIM BROWN CALL WHEN READY #80969 FOR PICK-UP ;sa, 6. 'Buril4rt O.K ='AW LEER3.2458 P13450 Signature: Print Name in Black Ink: gem, le-e- GRANTOR: Print Name in Black Ink DMG Investments Beneditto DiPanio, Farmer Address: 13.13 Bay Ridge Drive Highland, Michigan 48357 Signature: - ACKNOWLEDGEMENT State of Michigan) )ss County of Oakland) On this day of 61-13'j , A.D., 2004 before me a Notary Public in and for said County, appeared Beneditto DiPonio, Partner in DMG Investments., to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. Drafted by/Return to: Notary Public 'Gas.--e-L.E. Oaldand County, Michigan cDA-k-i-ilL-N-It> My Commission Expires j 0 )14.66 EAtc Highland Charter Township 205 N. John Street Highland, Michigan 48357 Parcel 11-27-301-028 ITER33458 PC145 I EXHIBIT "A" PINE RIDGE Water Main Easement A 20 foot wide easement for water main, the centerline of which is described as follows: A part ottlie.S3314/ on. Range 7 East, Highland Township, Oakland County, Michigan and being more particularly described as follows: Commencing at the W 1/4 Corner of said Section 27; thence South 1324.17 feet; thence N 89°18'13" E 901.04 feet to the Point of Beginning; thence along said centerline N 00°37'12" E 48.27 feet; thence N 05°47'24" E 111.05 feet; thence N 02°54'03" W 138.95 feet; thence along an are of a curve to the right 179.79 feet, said curve having a radius of 58630 feet, a central angle of 17°34'12" and a chord bearing and distance of N 37°16'05" W 179.09 feet; thence N 19°03'41" W 11.89 feet to the Point of Ending being located on the southerly right-of-way line of Avanti Lane. Property Description Land in the SW % of Section 27, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, more particularly described as commencing at the W 1/$ Comer of said Section 27; thence South 1324.17 feet; thence N 89°1813" E 546.70 feet to the Point of Beginnitig; thence N 02°42'37" E 462.62 feet; thence along a curve to the left of radius 345.11 feet, an arc distance of 437.45 feet, chord bears N 74°21'56" E 408.74 feet; thence along a curve concave to the right of radius 150.00 feet, an arc distance of 132.07 feet, chord bears N 63°16'33" E 127.85 feet; thence N 88'29'59" E 61.94 feet; thence S 00°20'54" W 377.00 feet; thence N 88°42'59" E 115.61 feet; thence S 00°00'45" E 248.40 feet; thence S 89°18'13" W 705.00 feet to the Point of Beginning. Containing 7.447 acres. Subject to any easements, restrictions, and/or rights of way of record, if any. 20 WATERMAIN EASEMENT WATERMAIN it --------- 20' WATERMAN EASEMENT WATERMAIN it 120 Audubon, Suite A P °well ""e'4ates White Lake, MI 48383 ' ;k3 Jo-ngineers, Inc. . 11A Phone: (248)-889-9659 7 Consulting Civil Engineers Fat: (248)-889-9779 "Engineering A Better Michigan" email: powell@teleweb.net SKETCH OF WATERM AIN EASEMENT DRAWN BY: ESS CHECKED BY: MCP L1BER331458 PG452 EXHIBIT "B" PINE RIDGE APARTMENTS SHEET No. 1 OF1 SCALE: = 100' JOB No. 01W103 DATE: 04/16/04 u , JUN 2 8, 2004 Li3ES 3 3 4 5 3 7_4 5 3 *41 4 Caddell 132 Oakiad 29'3227 USER 33458 PAOE 453 NISC RECORDING 1-4.00 RENGNUNENTATIDN ow3c120o4 O1L37:P P.N. RECEIPTt- F64ZS PAID RECORDED - OAKLAND COUNTY 5. WILLIAM CADDELL,- CLERRIREGISTER or DEEDS WATERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VISTAL LAND & HOME DEVELOPMENT, L.L.C., for and in consideration of the sum of ($1.00) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a watermain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION HERE SEE EXHIBIT "A" A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this 22_, day of Acy),;(._ , A.D., 2004. WITNESSES: (Two Required) Signature; ( Print Name in Black Ink: e I 17 60 r BEMEN.TO 0.C. MAIN KIM BK., CALL WHEN READY • #80969 FOR PICK-UP CILK.AW LITER3 3 tf 5 8 p451 Signature: Print Name irt Black Ink: 4 "fzie,(-4, ;Fe n—çcck -e GRANTOR: Print Name in Black Ink: 'VESTAL LAND & HOME DEVELOPMENT, L.L.C. Ernaldo Stenta, Member Address: 46870 Seven Mile Road Northville, Michigan 48167 Signature: ACKNOWLEDGEMENT State of Michigan) )ss County of Oakland) On this22 day of a , AD., 2004 before me a Notary Public in and for said County, appeared Ernaldo Stenta, member of Vista' Land & Home Development, L.L.C, to me personally known to be the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. Drafted by/Return to: Notary PublibiCA-1L frt. GS on) Oaldand County, Michigan A t.rrn A-K.1-4-r•Jb My Commission Expires /4", iltic>00 WOU24a-Cliter 205 N. John Street Highland, Michigan 48357 Parcel 11-27-301-026 LI8ER33t#58 nt, 5 5 EXHIBIT "A" HIDDEN CREEK PINES Watermain Easement A 20 foot wide easement for watemiain, the centerline of which is described as follows: A part of the SW 'A of Section 2_2„_,Town--3-115fth, Range 7 East, Highland Township, Oaldand County, Michigan and being more particularly described as follows: Commencing at the West 1/4 Corner of said Section 27; thence due South 49,50 feet, along the West Line of said Section 27; thence N 89°42'06" E 1142.19 feet; thence S 00°20'54" W 58 L65 feet to the Point of Beginning; thence along said centerline on an arc of a curve to the left 241.23 feet, said curve having a radius of 251.52 feet, a central angle of 54°57'22" and a chord bearing and distance of S 66°18'13" W 232.10 feet; thence along an arc of a curve to the right 184.87 feet, said curve having a radius of 357.92 feet, a central angle of 29°35'40" and a chord bearing and distance of S 52°48'22" W 182.83 feet; thence S 23°14'08" E 35.48 feet to the Point of Ending being located on the southerly right-of-way line of Avanti Lane. - 1-1-1----31)(- 67,6, Property Description Land in the SW 'A of Section 27, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan being more particularly described as follows: Commencing at the West V; Corner of said Section 27; thence due South 49.50 feet along the West Line of said Section 27; thence N 89°42'06" E 802.00 feet to the Point of Beginning; thence N 89°42'06" E 340.19 feet; thence S 00°20'54" W 642.61 feet; thence S 88°29'59" W 61.94 feet; thence along a curve concave to the left of radius 150.00 feet, an arc distance of 132.07 feet and a chord bears S 63°16'33" W 127.85 feet; thence along a curve concave to the right of radius 345.11 feet, an arc distance of 437.45 feet and a chord bears S 74°21'56" W 408.74 feet; thence N 20°40'44" E 30.00 feet; thence along a curve concave to the right of radius 315.11 feet, an arc distance of 218.52 feet and a chord bears N 49°27'15" W 214.17 feet; thence N 42°14'53" E 312.06 feet; thence N 52°08'54" E 232.26 feet; thence N 0103702 W 269.39 feet to the Point of Beginning. Containing 8.509 acres. Subject to any easements, restrictions, and/or Rights of ways of record, if any. Also subject to and together with an easement for ingress-egress and public utilities. - 024, z 20' WATERMAIN. EASEMENT WATERMAIN iprowey & Associates engineers, Inc. Consulting Civil Engineers "Engineering A Better Michigan" LIBEE33458 P045-6 EXHIBIT "B" HIDDEN CREEK PINES 11,9 Audubon, Suite A White Lake,MI 48383 Phone: (248)-889-9669 Far (248)-889-9779 ema0powell@teleweb.nel SKETCH OF WATERMAN EASEMENT DRAWN BY: ESS CHECKED BY: MCP SHEET No, 1 OF SCALE: 1" = 100' MD No. 01W1G3 DATE: 04/16/04 L10331458 ["1-f 57 E t,E 11 E rfi, G.W. Caddell R4ates a Deeds Oakind County,. Mi jUi\I 2 9 2004 44; Hi-TA...4,4s 29322a e354,5' iE 457 ESC RECO5DIi4G 4.00 RENT4iNtirrAnaft .,6f3a12c al:7-47:19 P.g. 80463 PAID RECINFg BiziaAND CMITY CADDEL.Lv CLERIVREEMER OF DEEDS WAIERMAIN EASEMENT KNOW ALL MEN BY THESE PRESENTS, that M.A.R. DEVELOPMENT, L.L.C., for and in consideration of the sum of ($1.00) paid to them by the County of Oakland, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County, the right to construct, operate, maintain, repair and/or replace a watermain system across and through the following described parcel of land situated in Highland Township, Oakland County, Michigan. PROPERTY DESCRIPTION HERE SEE EXHIBIT "A" i 101,- A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" The grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement. All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. A map of the above described easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) this day of MS/4 , A.D., 2004. WITNESSES: (Two Required) Signature: L, RETURN To ac. [MAIN - KIM BROWN CALL WHEN READY #899.69 FOR PICK-UP AW Print Name in Black Ink: Signature: LIER33458 H1458 Signature: Zg Print Name in Black Ink: E. A e--74- GRANTOR: Print Name in Black ink: M.A.R. DEVELOPMENT, L.L.C. Walter L. Rickens, Partner Address: 1100 S. Milford Rd. Milford, Michigan 48357 ACKNOWLEDGEMENT State of Michigan) )ss County of Oakland) On this day of Air , AD., 2004 before me a Notary Public in and for said County, appeared Walter L. Rickens, partner of M.A.R. DEVELOPMENT, L.L.C., to me personally known to he the same person(s) described in and who executed the foregoing instrument and acknowledged the same to be their fee act and deed. Oakland County, Michigan 4r--t icn r. a A .t_.,4-4,-11r> My Commission Expires 06A/4 5- Drafted by/Return to: C-clv High d Charter Township • 205 N. John Street Highland, Michigan 48357 Parcel 11-27-301-007 LiBE13 3 Li 5 3 Pc.,11-i 59 EXHIBIT "A" R1CKENS PROPERTY Water Main Easement A 20 foot wide easement for water main, the centerline of which is described as follows: A part of the SW 1/4 of Section 27, Town 3 North, Range 7 East, Highland TownstrrOaldand County, Iircriignd being more particularly described as follows: Commencing at the West 1/4 Corner of said Section 27; thence N 89°29'03" E along the East-West /4 Line of said Section 1492.46 feet to the centerline of Milford Road (120 feet wide public right-of-way); thence S 00°23'51" W along said centerline 627.90 feet; thence S 88°06'33" W 33.03 feet to the Point of Beginning; thence along said centerline S 88°06'33" W 317.20 feet to the Point of Ending. ay? Property Description A parcel of land being part of the Southwest 1/4 of Section 27, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, being more particularly described as follows: Commencing at the West 1/4 Corner of said Section; thence N 89°29'03" E along the East and West 1/4 Line of said section, 1492.46 feet to the centerline of Milford Road (120 ft. wide public right-of-way); thence S 00°23'51" W along said centerline 397.50 feet to the Point of Beginning; thence continuing S 00°23'51" W along said centerline, 282.29 feet; thence S 89°23'58" W 350.00 feet; thence N 00°23'51" E 282.81 feet; thence N 89°29'03" E 350.00 feet to the Point of Beginning, containing 2.270 acres, subject to and together with a 60 ft. wide private easement for ingress, egress, public and private utilities and subject to the rights of public or any governmental unit in any part thereof taken for street, road or highway purposes, also subject to easements and restrictions of record, if any. 11-Z1-501- v?fl 20' WATERMAIN EASEMENT WATERMAIN vowel' & Associates a Engineers, Inc. Consulting Civil Engineers Engineering A Better Michigan" LEER3 355 P6I4 60 EXHIBIT "B" RICKENS PROPERTY 110 Audubon, Suite A White Lake, MI 48383 Phone: (248)-8,99-9669 Fax (248)-889-9779 emaWpoweil@teleweb.net SKETCH OF WATER MAIN EASEMENT DRAWN BY: ESS CHECKED BY: MCP SHEET No. I OF1 SCALE: 1" 50' JOB No. 01W103 DATE: 04/15/04 AECEIV ED OAKLAND COUNTY REGISTER OF DEEDS - LIBElitt I 696 Pc6 89 216039 LEBER 41646 NUE as 114.00 MSC RECORD/KG $4.00 REHONUMITATION 12/141200412:08106 P.11. RECEIPT# 98474 1111 NU gill III PAID RECORDED - OAKLAND COUNTY RUTH JOHNSOHr CLERiffitEGISTER OF DEEDS EASEMENT Project: #34 HITWWS KNOW ALL MEN BY THESE PRESENTS, That MICHAEL T. McDONALD„"„slk 0,44 whose address is 786W. Highland Rd., Highland, Michigan 48357 hereinafter called the Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) paid to him by the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the County, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, do hereby grant to the County the right to construct, operate, maintain, repair and/or replace a water supply system across and through the following described land situated in the RETLIFIN TO ViRC KIMBERLY BROVIlsi CALL 0-0989 PROPERTY DESCRIPTION FOR PICK UP A parcel of land located in the East 'A of thefmtjAid_SscAon_21,allq"., „ Township of Highland, Oakland County, Michigan, more particularly described as: Beginning at a point which lies N. 00.29'14"W., 81.60 ft. and S. 89.30'46"W., 677,39 ft. from the Fast 'A corner of said Section 21; thence S. 00-17'10"E., 591.76 ft.; thence S. 89.38'31"W., 662.41 ft.; thence N. 00.21'29"W., 590.27 ft.; thence N. 89.30'46"E., 663.16 ft. to the Point of Beginning. Containing 8.99 acres of land. Sidwell No. 11-21-426-010 A PERMANENT EASEMENT DESCRIBED AS FOLLOWS: A parcel of land located in the E 1/2 of the E V2 of Section 21, T3N, R7E, Township of Highland, Oakland County, Michigan, the centerline of which is described as follows: Beginning at a point which lies N.00°29'14"W., 81.60 ft. and S.89°30'46"W., 677.39 ft. and S.00°17'10"E., 114.66 ft. from the East 'A Corner of said section; thence S.89°42'50"W., 54.50 ft. to a point of ending; thence, from said point of beginning, 5.00°17'10"E., 467.10 ft. to Point "A"; thence from said Point "A", the centerline is described as follows, S.89°38'31"W., 375.66 ft. to a point "B"; thence N.00°21'29"W., 25.00 ft.; thence from said point "B" S.89°38'31"W., 116,55 ft, to a point "C"; thence continuing S.8938'31"W., 114.50 ft. to a point of ending; thence from said Point "C"; N,00°31'08"W., 304.19 ft. to a point "D"; thence N.89°28'52"E., 30.00 ft.; thence from said point "D" N.00°31'08"W., 276.45 ft. to the point of ending which lies on the Northerly line of the above-described property. O.K. - A.N. Township of Highland, Oakland County, Michigan. r)/v\ 64e/Ch-y-yo MICHAEL T. McDONALD In presence of (L.S.) uRER141696 Pg690 The Grantor herewith agrees not to build or convey to others permission to build any permanent structures on the above described permanent easement All trees within the permanent easement can be removed and not replaced. The premises so disturbed by reason of the exercise of any of the foregoing powers shall be reasonably restored to its original condition by the County. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors, and assigns. A map of the above described easement is attached hereto and made a part hereof. Also granted herein, is the right of ingress and egress for the operation, maintenance and repair of the facilities located upon the subject property. This shaft include the right of the Grantee to enter upon, access and use any and all presently existing or future driveways or related vehicular access areas of the Premises, for the purposes of providing access and work space for the operation, maintenance, repair and/or replacement of the water supply system. IN WITNESS WHEREOF, the undersigned have hereto affixed his signature this 64'1 day of Nov fon L., ,AD., 2009. -2- u9ER4 I 6 9 6 ps6 9 j ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND) On this &if-CI day of /Jo , A.D., 2009 before me, a Notary Public in and for said County, appeared MICHAEL T. McDONALD to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be his free act and deed. NotaiyIublic STEN/ E.4 Kost,sN, akkleo—i County, My Commission Expires: 02., -6249/-r— co oh. V-441/4-14b C-0 LI.J.k-ry This instrument drafted by: Julie May Lee Contracting 63ICesar E Chavez Ave., Stet 10 Pontiac, MI 48342 JSP/dh dhugkman nAsossmarris ao Form-DC-175 EASEMENT SKETCH 11ER4 i 696 fc6 9 1121200010 1121200005 SCALE: 1" 150' 04 II °N4 • 1•4I tei • • 11.11,-n 1121426010 • • • • PYI ki • • w"ei• r•44'.'WW 5117 ••"' • -*-V4 OA AwtoA,4,11.1.64. 1121426014 1121401002 1121426011 1121426007 PROJECT: #34 IIITWWS ----- Ii1G111-01311010 (14-59) NOTE: NO FIELD WORK PERFORMED. DESCRIPTION TAKEN FROM RECORD. PERMANENT EASEMENT !IQ Vii.4.41Vi 'VS. • • • 1117.1117A, EASEMENT PARCEL NO. 1-2009 DWG I OF 1 SE) WELL NO. 11-21-426-010 PART OF E 1/2 OF E 1/2 OF SECTION 21, T3N, R7E, SECTION 21 JOHN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.:11/06108 119'803 LIBER 52012 PAGE Z3 4 $26.00 MISC RECORKKG $4.00 REI1OKUMENTA1I1I 07/20/2018 1127:15 A.11. RECEIPTt 81174 PAID REC500ED - OAKLARD COUNTY LISA BROWH? CLERUREGISTER OF DEEDS EASEMENT Parcel No. 11-21-200-010 KNOW ALL MEN BY THESE PRESENTS, that S.A. Sheid Properties LLC GRANTOR, whose address is 3402 Kingsway Highland, Michigan 48356 for and in consideration of the sum of ($ I Dollar ) receipt of which is hereby acknowledged, paid to them by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE, said GRANTOR do/does hereby grant to the GRANTEE the right to construct, operate, maintain, repair or replace a water supply system, in accordance with the terms and conditions set forth herein: RECITALS: A. The GRANTOR is the owner of certain real property described as follows (the "Premises"): A part of the Northeast 1/4 of Section 21, T.3N., R.7E., Highland Township, Oakland County, Michigan, more particularly described as commencing at the East 1/4 corner of said Section; thence N. 00 deg 29 min 14 sec W., along the East line of said section, 483.60 It to the POINT OF BEGINNING; thence S. 89 deg 29 min 46 sec W. 676.09 ft.; thence S_ 00 deg 18 min 09 sec E. 402.57 ft.; thence S. 89 deg 30 min 46 sec W. 663.18 ft.; thence N. 00 deg 21 min 29 sec W. 1211.82 ft.; thence N. 88 deg 03 min 20 sec E. 1338.27 ft. to said East section line; thence S. 00 deg 29 min 14 sec E., along said section line, 843.08 ft. to the POINT OF BEGINNING, containing 31.523 acres, subject to the public or any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes, also subject to easements and restrictions of record, if any. and, B. The GRANTEE desires to acquire from the GRANTOR certain rights to or replace a water the Premises in order to construct, operate, maintain, repair supply system. IT IS THEREFORE AGREED: • RETURN TO WRC CALL - KIMBERLY BROWN FOR PICKUP - 8-1294 1. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: SEE EXHIBIT "A" WATER MAIN EASEMENT #1 A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SECTION 21, T.3N., R.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 FT.; THENCE S. 89 DEG 29 MIN 46 SEC W. 626.09 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT #1; THENCE CONTINUING S. 89 DEG 29 MIN 46 SEC W. 33.00 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 262.84 FT.; THENCE N. 11 DEG 24 MIN 13 SEC E. 35.41 FT.; THENCE N. 81 DEG 55 MIN 25 SEC W,..69.18 FT.; THENCE N. 08 DEG 47 MIN 48 SEC E. 20.00 FT.; THENCE S. 81 DEG 55 MIN 25 SEC E. 70.09 FT.; THENCE N. 11 DEG 24 MIN 13 SEC E. 20.58 FT.; THENCE S. 78 DEG 35 MIN 47 SEC E. 20.00 FT.; THENCE S. 11 DEG 24 MIN 13 SEC W. 74.05 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 250.64 FT.; THENCE N. 89 DEG 57 MIN 17 SEC E. 13.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 9.63 FT. TO THE POINT OF ENDING OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #1. 1-i--(4V-0- WATER MAIN EASEMENT #2 A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SEC ilON 21, T.3N., R.7E., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 FT.; THENCE S. 89 DEG 29 MIN 46 SEC W. 726.09 FT.; THENCE S. 00 DEG 18 MIN 09 SEC E. 188.87 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT #%; THENCE CONTINUING S. 00 DEG 18 MIN 09 SEC E. 20.00 FT.; THENCE S. 88 DEG 38 MIN 49 SEC W. 70.24 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 31.13 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 157.13 FT.; THENCE S. 45 DEG 09 MIN 13 SEC W. 22.58 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 388.18 FT.; THENCE N. 44 DEG 50 MIN 47 SEC W. 22.43 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 187,61 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 38.69 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 20.00 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 38.68 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 58.37 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 20.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 257.69 FT.; THENCE S. 44 DEG 50 MIN 47 SEC E. 5.86 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 371.61 FT.; THENCE N. 45 DEG 09 MIN 13 SEC E. 6.01 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 265.82 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 20.00 FT.; THENCE S. 00 DEG 09 MIN 13 SEC. W. 96.98 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 30.86 FT.; THENCE N. 88 DEG 38 MIN 49 SEC E. 70.34 FT. TO THE POINT OF ENDING OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #2. -2- 2. Purpose of the Easement(s). The permanent easement granted herein shall be used for the purpose of the operation, maintenance, repair or replacement of the system constructed in accordance with the plans and specifications approved by the GRANTEE. Also granted herein, is the right of ingress and egress for the GRANTEE to enter upon, access and use any and all presently existing or future driveways or related vehicular access areas of the premises for operation, maintenance and repair of the water supply system located upon the subject property. 3. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above-described permanent easement. Permanent structures include but are not limited to fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRAN1EE. Any unauthorized use or obstruction may be removed by GRANTEE. e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey similar easements and rights to such other persons as GRANTOR may deem proper provided such similar easements do not affect GRANTEE'S Easement. f. This Easement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors and assigns. If the GRANTOR or any of GRANTOR'S heirs, representatives, successors or assigns shall dedicate all or any part of the Premises affected by this Easement, then prior to such dedication, GRANTOR or GRANTOR'S heirs, representatives, successors and assigns shall submit such dedication for review and approval from the GRANTEE, its heirs, successors or assigns. -3- g. A map of the above-described Easement is attached hereto and made a part thereof. Ii. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Easement must be in writing and must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. 1. It is understood and agreed between the Parties that a failure by either Party to fulfill a condition or term set forth in this Easement shall not result in the extinguishment of the easement rights granted herein or constitute a waiver of such term or condition. Kariline P. Littlebear Scott M. Hoensheid signature this 24314 day of WITNESSES: A.D., 20d (L.S.) IN WITNESS WHEREOF, the GRANTOR has hereunto affixed his ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF On this # day of , A.D., 20 a before me, a Notary Public in and for said County, personally appeared Scott M. Hoensheid to me personally known, who being by me duly sworn did say that he is the member of S. A. Sbeid Properties, LLC, a Limited Liability Company created and existing under the laws of the State of Michigan, and that the said Easement Grant was signed and sealed in behalf of said Limited Liability Company by authority of its Board of Directors, and the said Scott M. Hoensheid acknowledged the said instrument to be the free act and deed of the said Limited Liability Company. (66kefazn,/ County, This instrument drafted by: Jeffrey S. Parrott, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner's Office One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1908 JSP 0:LIDATAWy DoalarnisSEvat Forms E.7 Rev 3-20-14 My Commission Expires: d - .2 7- ao.,/ , USAG BURKHART Notary Public, Oakland County, Mf My CommissionExpitZ5:4219 Acting in the County of el 2553.54" SCALE 1' —300' 483.65' EAST 1/4 COR. SEC, 21 T.3N.,R.7E •0, 50018'20E (R) 500'09'02"W 535.67' Co PROPOSE a 20' WIDE PUBLIC WATER MAIN EASEMENT SC01809"E (R) NO0•00'13"E 402.57; E-o-o:01) 12E0.57 11-21-200-010 31.523 ACRES EASEMENT #I 2(/' 1NIDE PUBLIC WATER rst MAIN EASEMENT (SEE SHEET 2) a R r2t EXISTNG ENTERPRISE DRIVE 1 00' 668.57 NOOD9.1.rE ----1,10-7o-M7)59d71F7S-- EASEMENT #2 20 WIDE PUBUC WATER MAIN EASEMENT (SEE SHEET 2) EXISTNO 100' WI" EASEMENT FOR INGRESS EGRESS AND PUBLIC & PRIVATE UlltrIES NORTH LINE 0 14-59 R/W ENTERPRISE DRIVE, HIGHLAND TWP., OAKLAND COUNTY Mt Consulting Civil Engineers ell "EngineeringA Better Michigan' ineering & Associates, LLC oRAININ SEE OESIONED BED APPROVE* P.E.,11ORAE, 16453 ERR. I of 2 400 Comer,. &Drive- WM.144 W4000 048114-98S7 30.4 Ar.Sp.rampi.1 WATER MAIN EASEMENT EXHIBIT "A" OVERALL PROPERTY DETAIL PART OF N.E. 1/4, SECTION 21, 7.8N.,R.7E. HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN N.E CON. SEC. 21 T.3N.,P,.7E. 1326.56' EAST LINE, SEC. 21 N00•28.1 4"W 643.013' 1211.82' NO021.29"W PARENT PARCEL LFGAL DESCRIPTION (TAIL)), 11-21-200-010): A PART OFTHE NORTHEAST 1/4 OF SECTION 21, T.3N., R.7E., HIGHLAND TOWNSHIP, oAKLAND COUNTY. MICHIGAN, MOSS PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 03 DEO 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 433.60 FT. TO THE POINT OF BEGINNING.; THENCE S. 89 DEG 57 MINUS SEC W. 676.09 FT.; THENCE S. DO DEG 09 MIN 13 SEC W. 402.19 Fr.; THENCE S. 89 DEG 56 MIN 10 SEC W. 663.15 FT.; THENCE N. GO DEG CS MIN 53 SEC 5. 1211.52 FT.; THENCE N. 88 DES 30 MIN 42 sEC E. 1338,27 FT. TO SAID EASY SECTION LINE: 'THENCE 0.00 oEG El mIN 52 SEC E., ALONG SAID SECTION LINE, 843.08 PT. TO THE POINT OF BEGINNING, CONTAINING 31.820 ACRES, SUBJECT TO TH6 RIGHTS OF THE PUBLIC OR ANY GOVERNMENTAL UNIT IN ANY PART THEREOF TAKEN, uSED OR DEEDED FOR STREET, ROAD OR HIGHWAY PLLEPoSES, ALSO SUBJECT TO EASEMENTS AND RESTRICTIONS Of RECORD, IF ANY. 100' WIDE PRIVATE EASEMENT FOR1NGREESIEGRESS &PUBLIC & PRIVATE UTILITIES - TITLE COMMMIENT #4019-86746 : THE CENTERLINE OF A 130 FT, WIDE PRIVATE EASEMENT FOR PURPOSES OF INGRESS, EGRESS AND PUBLIC AND PRIVATE UTILITIES IS DESCRIBED AS BEING A PART OF THE EAST 1,/2 or SECTION 21, T.314., R.7E., HIGHLAND TowNsHip, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DIESCRIEED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE S. 00 DEG 1E KIN 20 SEC E. 535.67 FT.; THENCE S. ES DEG 19 MIN 13 SEG W, 679.66 FT.; THENCE S. 00 DEG 18 MIN 09 SEC E, 500.00 FT. TO THE NORTH RIGHT-OF-WAY LINE Of 14-59 (VARIABLE WIDTH RIGHT-OF-WAY) AND 'FIE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE 0. 00 050 15 MIN 09 SEC W., ALONG SAID CENTERLINE EASEMENT, 1500.78 FT. TO THE POINT OF ENDING OF CENTERLINE EASEMENT. UPS PoinerEnerurna BEFORE YOU DIG GALL MISS DIG 1.300.4824171 02-25-18 12-1s-113 01-30-15 OAKLAND BUSINESS CENTER WATER MAIN EASEMENT EXHIBIT n101121,11101-1M.TOIL.1110.VIIMPIP puns ePORLPW. 0:11170M1110 UT11371.1.41610211-7. /1.1.11,411,2FILISIX 70.10.11 Malt 1.01.1,701•0•1ftiekx1,1.L1111.41.14. Rm. 1.11.71.46.1.1761.1•Vill, aim 740.1,171,14:1,1. r....01.111171TAtiCrilnialtannalltal 41.1021,111 P ST POW bThUcTt +n••n•40n1WeR INA -14.0r pps.*. • mapew.we oworR aN THOR e. ALL GOMM. COM. MM.% Ntlf111,11.4 P1-......P.,111.Mel 70 RR...Roe RP,. PUPTIow•I SCALE 1-200' 589° 29' 46'W 626.09' TO P.O.B. #1 N00° 09' 13"E 9.63' N139° 57' 17°E 500° 09' 13"W 250.64' P.0.8.#2 EASEMENT#I 1188° 38' 49°E 70.347 S89' 50' 30.86' 1111° 24' 13°E 35.41` EASEMENT* 089° 50' 47"5_,./ 7 NOO° 09' 13"E 20.00' 265.82' 3000 09' 13"W 96.98' 589° 50' 47°E 11-21-200-010 544' 50' 47"E 371.61' S00° 09' 13'W 5.86' 589° 50' 20.00' N00. 09' 15"E 6,37' S890 50'47"E WATER MAIN EASEMENT #1: 38-88' "-EAST LINE, SEC. 21 N00°29'14"W - 48360' 889° 29' 45"W 589° 29' 46"W 726.09' 500° 18' 09"E 188.87' TO P.O.B. #2 500° 18' 09"E WATER MAIN EASEMENT TXHIBIT A" EAST 1/4 COR. SEC. 21 T.3N.,R.7E. NOO° 09' 13"E 252.57' 511° 24 13"W 74.05' 578° 35' 478 20.00' N11° 24' 138 20.58' 581° 55' 25"E_ 70.09' NOS° 47' 48"E 20.00' N810 55' 25"W 69.18' 5880 38' 49°W 70.24' N89° 50` 47'W-- 31,13 SOO° 09' 13"W 157.13' 545° 09' 13"W 22.56' N45° 09' 13"E 6,01. N89° 50' 47'W 308.18' 20' WIDE PUBLIC WATER MAIN EASEMENT N44° 50' 47"W 1400° 05' 13'E 187.51' N89° 50' 47v N000 09' 13T 38.59' 20.00' IIRAWN Ba/3 atstalara an. al.PSIMMo /6485 st.Ase 1n62en' 2 of 2 Nona ruuorrowl.1011M.1111Nrgag =s...1a+'.101.13. INROILIIMSI MeolCRORI Ma rum 1,04 late.taatan 4.4.4415409171417 attlaaana MYR LocATIOMMIVAIMI, MI THAT Anerni:MAL a ma camarrem Ownwsilita 3merM11171120.111.10 MAW. 0110.01/11a, 0101 yi11,11.1.3710.4 1.1.4.1*P.anartr, 1.1.4.11,71911.21M4.17...41.1.1.1.11.,72M1121 TIMMINS UM Wilmer. Fan notar a.14,114 ,444•MTIE tagraacsaavau. a az .4.1,44401ura mama mamma, 000 °Oa Consulitng Civil Engineers ineering & Associates, LLC A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT BEING PART OF THE NORTHEAST 1/4 OF SECTION 21, T.3N,, R,7E, HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS COMmENaNG AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG 01 MIN 52 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 FT.; THENCE S. 89 DEG 29 MIN 46 SEC W. 626.09 FT. TO THE POINT OF BEGINNING OF SAID EASEMENT #1; THENCE CONTINUING S. 89 DEG 29 MIN 46 EEC W. 33.00 FT.; THENCE N. 00 DES 09 MIN 13 SEC E. 262,57 FT.; THENCE N. 11 DEG 24 MIN 13 SEC 8.35.41 FT.; THENCE N. 81. 05(3 55 MIN 25 SEC W. 59.18 FF,; THENCE N. 08 DEG 47 MIN 48 SEC E. 29.00 FT.; THENCE S. 81 08(3 55 MIN 25 SEC F. 70.09 FT.; THENCE N. 11 DEG 24 MIN 13 SEC E. 20.58 Fr.; THENCE S. 78 DEG SEMEN 47 SEC E. 29,00 FT.; THENCE S. 11 089 24 KIN 13 SEC W. 74.03 FT.; THENCE 5.30 DEG 09 MIN 13 SEC W. 250.64 FT.:. THENCE N. 99 DEG 57 MIN 17 SEC E. 13.00 FT.; THENCE S. 00(13(3 00 MIFL 13 SEC W. 9.63 FT. TO THE POINT OE ENDVNG OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #1, 44., WATER MAIN EASEMENT #2: A 20 PT. WIDE PUBLIC WATER MAJN EASEMENT BEING PART OF -11-/E NORTHEAST 1/4 OF SECTION 21, T3N, 8.78., HIGHLAND TOWNSHIP, OAKLAND COUNTY, MICHIGAN, MORE pART1CUIARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION; THENCE N. 00 DEG Cl MIN 32 SEC W., ALONG THE EAST LINE OF SAID SECTION, 483.60 M".; THENCE S. 89 DEG 29 MIN 46 SEC W. 726.09 FT.; THENCE S. 00 DEG 18 MIN 09 SEC E. 188.87 PT. TO THE POINT OF BEGINNING OP SAID EASEMENT #2; THENCE CONTINUING 5, 00 DEG 18 MIN 09 SEC E. 20.00 FT.; THENCE S. 98 DEG 38 MIN 49 SEC W. 70.24 FT.; THENCE N. 65 DEG 50 MIN 47 SEC W. 31,13 FT.; THENCE S. 00 DEG 09 MIN 13 SEC W. 157.13 FT.; THENCE S. 45 DEG 09 PrIN 13 SEC W. 22.58 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 388.18 FT.; THENCE N. 44 DEG 50 MIN 47 SEC W. 22.43 FT.; THENCE N. 00 DEG 09 MEN 13 SEC E. 187.61 FT.; THENCE N. 89 DEG 50 MIN 47 SEC W. 38.69 FL; THENCE N. 00 085 (39 MIN 13 SEC E, 20,00 FT.; THENCE 5, BS DES 50 MIN 47 SEC E. 38.68 FT.; THENCE N. 00 DEG 09 MIN 13 SEC E. 5E3.37 FT.; THENCE s. 89 05(3 50 MIN 47 SEC E. 20.00 FT; THENCE 0.00 DEG 09 MIN 13 SEC W. 257.69 FT.; THENCE 5.44 DEG 50 MIN 47 SEC E. 5.85 FT.; THENCE S. 89 DEG 50 MIN 47 SEC 8. 371.61 FT.; THENCE N. 45 DEG OS MIN 13 SEC E. 6.01 FT.; THENCE N. 00 DEG 09 MIN 13 SEC 8,265.82 FT.; THENCE 5,89 DEG 50 MEN 47 SEC E. 20.00 FT.; THENCE S. 00 Dee ES mill 13 SEC. W. 96.98 FT.; THENCE S. 89 DEG 50 MIN 47 SEC E. 30.86 FT.; THENCE N. 88 DEG 38 MIN 49 SEC E. 70,34 FT. TO THE PO 7 qg ENDING OF A 20 FT. WIDE PUBLIC WATER MAIN EASEMENT #2. 34,344.11144.4n0414OolleelltLaa E±±,A^^^444.14-4,:kk00DO BEFORE You DIG OAKLAND BUSINESS CENTER GALL MISS DIG WATER MAIN EASEMENT EXHIBIT 4-1300.482.7.17i ENTERPRISE ORME, HIGHLAND TY4P., OAKLAND CooNTY, IID F0i122-111 Resolution #19021 February 7, 2019 Moved by Weipert seconded by Gingell to amend the resolutions on the Consent Agenda to add Co-Sponsors. A sufficient majority having voted in favor, the motion to amend the resolutions on the Consent Agenda to add Co-Sponsors passed. Moved by Quarles seconded by Luebs the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Hoffman, Jackson, KowaII, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingen. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A(7) g-b0 GERALD D. POISSON CHIEF DEPUTY COUNm' " AC:TING PURSU 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 February 7, 2019, with the original record thereof now remaining in my office. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 7th day of February, 2019. Lisa Brown, Oakland County