HomeMy WebLinkAboutResolutions - 2021.01.21 - 34078MISCELLANEOUS RESOLUTION #21004 January 21, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: WATER RESOURCES COMMISSIONER — TRANSFER OF THE COUNTY'S INTEREST IN
EASEMENTS AND RIGHTS OF WAY TO THE CHARTER TOWNSHIP OF HIGHLAND WATER SUPPLY
SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County holds legal title to some of the assets in the water supply system serving the
Charter Township of Highland including easements and rights of way for the water supply system and
related equipment, facilities, and improvements, excluding water leads; and
WHEREAS the Water Resources Commissioner desires to transfer and the Charter Township of Highland
desires to accept ownership from Oakland County the remaining four easements not previously transferred
in Miscellaneous Resolution #19021 to the Charter Township of Highland; and
WHEREAS there is no outstanding debt or other indebtedness with respect to the finance, design, or
construction of said system that would otherwise prohibit the transfer of property interests; and
WHEREAS there is no cash related loss as a result of the property transfer; and
WHEREAS the remaining capital assets of the system have a value of $1.206,737 with accumulated
depreciated of $82,460 leaving a remaining book value of $1,124,277 as of November 1, 2020, 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 quit claim conveyance.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers
and assigns all County interest in easements and rights of way, and the water system and related
equipment, facilities and improvements, excluding 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 attached hereto, in favor of the Charter
Township of Highland and any other necessary property transfer documents to effectuate the transfer of
the County's interest in the water supply system and easements relating to the local water supply system
serving the Charter Township of Highland.
BE IT FURTHER RESOLVED the following budget amendment is recommended:
Hiohland TownshiD Water Suo0v Svstem Fund 57107 FY 2021
Revenue
6010101-149999-675356 Loss on Sale of Equipment ($1,124,277)
6010101-149999-665882 Planned Use of Balance $1,124,277
Total Revenue $ -0-
Chairperson, on behalf of the Economic Development and Infrastructure Committee, I move the adoption
of the foregoing resolution.
Commissioner William Miller, District #14
Chairperson, Economic Development and
Infrastructure Committee
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OUIT CLAIM CONVEYANCE OF EASEMENTS AND RIGHT-OF-WAY
FOR WATER SUPPLY 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
RESOURCES 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 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 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
-1-
Highland, Oalcland 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
IN
David T. Woodward
Its: Chairperson
OAKLAND COUNTY WATER
RESOURCES COMMISSIONER
Jim Nash
As: "County Agency"
-2-
ACKNOWLEDGMENT
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this day of , 2021, before me, a
Notary Public, personally appeared Dave 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:
-3-
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
) ss:
COUNTY OF OAKLAND )
On this day of , 2021, 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 Lxpires:
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)
LeA2671 es481 229911
LITER 42671 PAGE 481
137.00 NISC RECORDING
f4,00 RENONUNENTAT10ll
• 12/23/2010 1026:45 A.N. RECEIPT, 1005TO
�I II II III'III III'll II�II�'II
PAID RECORDED - OAKLAND COUNTY
RUTH JORISON, CLEAR/REGISTER OF DEEDS
TEMPORARY AND PERMANENT
EASEMENT TO CONSTRUCT AND MAINTAIN
Waterline L-10174
STATE OF MICHIGAN (Page 1 of 5)
DEPARTMENT OF NATURAL RESOURCES
AND ENVIRONMENT
FOR AND IN CONSIDERATION OF FIVE THOUSAND FIVE HUNDRED SEVENTY and
53/100 DOLLARS ($5,570.53) in hand paid, the receipt of which is hereby acknowledged, the
STATE OF MICHIGAN by the DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENT, P.O. Box 30448, Lansing, Michigan 48909-7948, (hereinafter called the
Grantor) acting under authority of its Director, and by virtue of the authority conferred by Act
No. 451, P.A. 1994, does hereby Convey and Quit -Claim to County of Oakland Water Resources
Commission, whose post office address is One Public Works Drive, Waterford, Michigan 48328
(hereinafter called the Grantee) and to its successors and assigns the easement and right to place,
construct, operate, repair and maintain Waterline across the following described parcels of land
situated in the Township of Highland, County of Oakland, State of Michigan to wit:
T03N, R07E, Section 14NEIA of S-WAA is i Iq4z ( &T Z
T03N, R07E, Section14: NWIAofSEl/4P{=)I-Ir{=
Granting the right to construct within said vaned width right of way as outlined on attached I"N
EXHIBIT A, pages t - 4.
This document does not authorize construction of additional facilities after the original VS
construction period. 11'
This casement is subject to the following conditions and requirements, as well as conditions on
attached EXHIBIT B, page 1:
(1) Grantee, its successors or assigns by the acceptance of this instrument, agrees to
notify the authorized representative of the Department of Natural Resources and
Environment prior to commencing operations under this easement, so that the
Department shall be properly notified as to the time and place that such operations
Exempbon fmm Sate Transfer Tau is dalmed under autiwrily of Section 6(h)(i), Act 255, PA 1994 (207.526, Whi an
Compiled Laws)
Exemption from County RBI Property Transfer Fee Is dammed under aulhaity of Section Sit), 64 134, PA 1966
(207.505, Mirhinan Comnlled L aril.
O.K. - A.N.
LIBEN4 2 6 71 PG4 6 2 L,10174
(Page 2 of 5)
begin on the State-owned land herein described. Said Department Representative is
Mr. William Althoff, Highland Recreation Area Unit Supervisor, 5200 East
Highland Road, White Lake, Michigan 48383, or his successor.
(2) Any relocation of the facilities constructed under this easement will be made only
upon approval of the Department of Natural Resources and Environment before
such relocation takes place,
(3) Grantee, its successors or assigns, accepts this easement subject to all prior and
valid easements, permits, leases and other rights existing or pending at the time of
the issuance of this easement, which may have been granted on said land.
(4) No fences shall be constructed or existing trail roads closed by the Grantee without
prior written approval of the Grantor.
(5) Unless otherwise slated elsewhere in this document, Grantee, its successors, or
assigns, and its agents and employees may cut, trim, and remove all brash and trees
within said easement area which threaten to interfere with or be hazardous to
construction, operation, and maintenance.
(0) Grantee, its successors or assigns, agrees that no herbicides to control tree, shrub, or
other plant growth on the land herein described shall be used without first securing
written permission from the Grantor or its authorized field representative.
(7) Grantee, its successors, or assigns agrees that, at the option of the Grantor, all or
any part of the forest products cut by the Grantee hereunder shall be the property of
the Department of Natural Resources and Environment and shall be cut and piled or
decked as directed by the Department's authorized representative; provided,
however, the Grantee shall not be charged damages for such forest products
claimed by the Grantor.
(8) Grantee, its successors or assigns, for themselves and their agents and employees
agree to take all reasonable precautions to prevent and suppress forest fires and
shall cause no unnecessary damage to natural tree growth or to any plantation, and
shall pay all damage other than ordinary to State-owned property arising out of its
negligent acts or failure to act.
(9) Grantee, its successors, or assigns shall obtain the required permit from the
Department of Natural Resources and Environment or its authorized representative
before burning any refuse or setting any fires whatsoever.
(10) It is understood that all slash and forest growth cut resulting from operations under
this easement shall be handled in accordance with the provisions of Part 519, Act
451, P.A. 1994, and the rules and regulations pertaining thereto.
(11) The right herein granted shall continue in full force and effect for as long a time as
the Waterline easement is properly used for its intended purpose and at such time as
u6EF4 2 6 71 PC4 8 3 L_10174
(Page 3 of 5)
its use is discontinued said easement shall terminate, The grantee herein, for itself,
its successors and assigns, agrees upon termination or abandonment of its facilities,
and upon request of the owner of said land showing a prima facie title to same, to
release and Quit -Claim all rights secured hereby on said land to the then owner.
(12) Grantee shall bury facilities wherever necessary so as not to interfere with possible
cultivation or Grantor's use of the land. The back fill area shall be compacted and
maintained in a way that no settling shall occur. Grantee shall be responsible for
restoration of disturbances caused by the Grantee for the lifetime of the easement.
(13) In the event of abandonment of the rights herein conveyed, Grantee agrees to
remove in a good and workmanlike manner all or any portion of its property from
the premises as may be required by, and in a condition satisfactory to the
Department's authorized field representative.
(14) It is expressly understood that the Grantee shall not assign this easement or any
portion thereof to any person other [Iran the owner of said land, as provided in
paragraph (11) hereof, without first securing the written approval of the Department
of Natural Resources and Environment for the State of Michigan.
(15) Before any construction may proceed, Grantee is required to give notice to the
public utilities under Act 53, P.A. 1974 (460.701 et seq. M.C.L.) and to comply
with all provisions of that Act as well as the Natural Resources and Environmental
Protection Act, being Act 451, P.A. 1994, I£ this project crosses floodplains,
wetlands, rivers, streams, or designated critical dunes, permits may be required
under the land/water interface statutes.
(16) Grantee hereby releases, waives, discharges and covenants not to sue the State of
Michigan, its departments, officers, employees and agents, from any and all liability
to Grantee, its officers, employees and agents, for all losses, injury, death or
damage, and any claims or demands thereto, on account of injury to person or
property, or resulting in'deatb of Grantee, its officers, employees or agents, in
reference to the activities authorized by this easement.
(17) Grantee hereby covenants and agrees to indemnify and save harmless the State of
Michigan, its departments, officers, employees and agents, from any and all claims
and demands, for all loss, injury, death or damage, that any person or entity may
have or make, in any manner, arising out of any occurrence related to (1) issuance
of this easement; (2) the activities authorized by this easement; and (3) the use or
occupancy of the premises which are the subject of this easement by the Grantee, its
employees, contractors, or its authorized representatives.
(18) The Grantee, its successors or assigns, agrees to pay to the Grantor for damages to,
State-owned property or public trust resources arising out of its operations.
LIBER4 Z 6 7 1 P94 8 4 L-10174
(Page 4 of 5)
(19) The Grantee, its successors or assigns, agrees to report any release of toxic or
hazardous substance to the Department representative identified in paragraph (1),
evaluate the nature and extent of the release, immediately take measures to abate
the release and promptly develop and implement a work plan approved by the
Department to fully remedy any environmental injuries that result from the release.
(20) It is expressly understood and agreed that nothing in this easement to construct and
maintain Waterline shall be construed as a statement, representation or finding by
the Department relating to any risks that may be posed to the environment by
activities conducted by the Grantee or that the right-of-way conveyed by this
easement is fit for any particular use or purpose.
(21) It is expressly understood and agreed that every enumerated condition set forth in
this easement to construct and maintain Waterline is a material condition and that if
the Grantee breaches any material condition the Grantor, in its sole discretion, may
seek any remedy provided by statute or under the common law, including, but not
limited to, revocation of this easement to construct and maintain Waterline.
(22) In case the said easement herein conveyed shall not be used by Grantee, its
successors and assigns, for a period of two (2) years, from and after the data of
issuance, then and in that event said easement shall terminate.
This instrument shall be binding upon and inure to the benefit of the parties, hereto, their heirs,
representatives, successors and assigns.
LIBER4 2 6.7 1 PG4 8 5 L-10174
(Page 5 of 5)
IN WITNESS WHEREOF, the Department of Natural Resources and Environment by authority
of its Director has caused this instrument to be executed for the State of Michigan by its Acting
Real Estate Services Manager, Office of Land and Facilities this 22nd day of November, 2010.
AND ENVIRONMENT
FOR STATE OF MIC
W run, ttn'g Real Estate Services Manager
0 and and Facilities
STATE OF MICHIGAN
4
COUNTY OF INGHAM
On this 22nd day of November, 2010, before me a Notary Public in and for said County
personally appeared Walter Linn, Acting Real Estate Services Manager, Office of Land and
Facilities of the Department of Natural Resources and Environment for the State of Michigan,
to me known to be the same person who executed the within instrument, and who
acknowledged the same to be his free act and deed and the free act and deed of the Department
of Natural Resources and Environment for the State of Michigan in whose behalf he acts.
Claire J. Stevens"iiot&..'
State of Michigan, County of Livingston
My Commission Expires: January 31, 2015
Acting in the County of Ingham
PREPARED BY: Claire J. Stevens
DNRE Office of Land and Facilities
P.O. Box 30448
Lansing, Michigan 48909-7948
uaEa4 2 6 71 ec4 8 6
Exhibit B
Oakland County Water Resources Commission
Drinking Water Line Easement Request,
Highland Recreation Area
Highland Township, Oakland County
LA QV4
• This easement approval is contingent on the applicant receiving all necessary permits
and approvals prior to starting this project,
• No on-s(te work shall begin prior to an on -site meeting between the Recreation Area
Manager, William Althoff, or District Planner, Kristen Bennett, and Grantee seven days
prior to construction.
. No storage of any materials or equlpmenl can take place on DNRE lands
• The site must be restored to DNRE satisfaction within 30 days of completion of the
project.
+ The Grantee must properly dispose of A2 excavated materials, including vegetation, as
part of this project, if applicable.
• The Grantee is responsible for removal off -site of any waste products, oils or other
contaminants from this project's construction site
EASEMENT SKETC!14 n'1 i 67 1
PJ(H161T
FaP"-Dc-us
A
Page 1 014 SOUTH EAST
EAST 114 a
CORNER
SECTION I4
SECTION I4
HIGNLANDTWP. 1
Q XDTWP.
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WATERBURY ROAD
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SEE SHEET
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11-144 4
SOUTH 114
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SEE SHEET
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SECTION I4 1
HIGHLAND TWP.
T3N.RIE
NOTE. NO FIELD WORK PERFORMED
DESCRIPTION TAKEN FROM RECORD.
SOUTHWEST'
CORNER
SECTION 14
HIGHLAND TWP.
T,3 N., R.]E.
PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03201U
PERMANENT EASEMENT Em EASEMENT PARCEL NO. 3R DWG. I OF 3
TEMPORARY EASEMENT ® SHOWELL NO. 11-14-326-002
Peel of the SW 1/4 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, MicNgan
IUHN Y. MCCULLLH:11
OAKLANU COUNTY P WATER RESOURCES COMMISSIONER
n<vsa1DI1Dt
LIBA2671 PG488
Po.e,.oc-175
EASEMENT SKETCH
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11-14-400-003
CENTER
SECTION 14
HIGHLAND TWP.I
T.3 N., R. 7 E. !
10.
EXHIBIT A
Pape 2 of 4
NOTE, NO FIELDWORK PERFORMED
DESCRIPTION TAKEN FROM RECORD,
Z
SCALE: 1" = 150'
11-14-362-002
Temporary Easement "A"
10.00' Wide Permanent Easement "A"
--I 33.00'
Q '
1
t
Ull
m1 247,50' 1
11-14-302-002-7w�'
PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010
PERMANENTEASEMENT EASEMENT PARCEL NO. 3R DWG. 2 OF 3
TEMPORARYEASEMENT SIDWELL NO, 11-14-326-002
Pert of the SW 114 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan
roan e. ma'ppu.acn
OAKLAND COUNTY WATER gFloG COMhnSSIONPA
Popet f I Rev 0e101l01
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EASEMENT SKETCH
Page 3 of 4
45.00'
NOTE' NO FIELD WORK PERFORMED
DESCRIPTION TAKEN FROM RECORD.
Z r—
SCALE: f" = 60'
PERMANENT
EASEMENT
"S°
TEMPORARY
EASEMENT
.S.
282 851
r-10005.'
i
141440M04
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PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010
PERMANENT EASEMENT EASEMENT PARCEL NO. 311 DWG. 3 OF 3
TEMPORARY EASEMENT ® SIDWELL NO. I1-14-326-002
Part of the SW 114 and the SE 114 of Sac. 14 Highland Township, Oakland Counq,, Micltigan
IUwATER S0, a.
OAICLAND COUNTY WATERRESDDRCP.S CCIMMISSIONER
Pa,¢e 10(1 Aeu..08101101
LMER42671 n490 EXHIBITA
Page 4 of 4
A. The GRANTOR is the owner of certain real property described as follows
(the "premises"):
Part of the Southwest % and the Southeast '/a, Section 14, T.3N.,
R'.7E, Highland Township, Oakland County, Michigan, being more
particularly described es: that part of the Southwest Y4 except that
part lying Westerly of Easterly line of Harvey Lake Rd., also except
that part of North 247.50 & of East 561 ft. of West'Yi of Southwest
Y4 lying easterly line of Harvey Lake Rd., also Southeast % except
North 282.85 & of West 462 ft., also except that part in M-59 Hwy.,
also except that part of Southeast Y4 lying Southeasterly of line
described as beginning at point distant N. 01'43'27"W, 1.92 ft, and
N. 22°30'04"W., 200 ft. from Southeast section comer, (SD part of
beg is an centerlines of Waterbury Rd); thence S. 48009.59"W., 258
ft, to the point of ending 300.45 A.
Sidwell No. 11-14.326.002
IT IS THEREFORE AGREED:
1. Grant of Temoorary Easement, Grantor hereby grants to Grantee a
temporary easement for the construction of the water supply system, described as
follows, and which shall terminate upon completion of construction of the system:
TEMPORARY EASEMENT
"A" DESCRIBED AS FOLLOWS:
The South 10.0 ft. of the North 530 ft. of the Southwest Y., Section
14 of the abovadescrlbed parcel. &'
TEMPORARY EASEMENT "B"/DESCRIBED AS FO];LQWS:
Beginning at a point located due East along the East-West Y4 line of
the Southeast Y., Section 14, 462.0 ft. and S. V01'00"E, 43.0 ft.
from the center of said Section 14; thence from said point of
beginning due East parallel to the East-West Y4 line, 83.0 tt; thence
S. 81°52'11"B, 141.42 ft.; thence'due East, 312.0 ft.; thence due
North 30.0 ft. to a point an the Northerly ROW line of E. Wardlow,
Rd.; thence due East, 15.0 ft. along said ROW line; thence due
SouOy 45.0 &; thence due West, 327.0 ft.; thence N. 81"52' I1"W,
141.42 B.; thence due West, 83.0 ft.; thence N. 0°01'00"W., 15.0 ft.
to the point of beginning.,
2. Grant of a Permanent Romment. Gramorhemby gmnis to Gruntee a
perpetual easement described as follows:
PERMANENT EASEMENT "A" DESCRIBED AS FOLLOWS:
The South 10.0 ft. of the North 43.0 ft. of the Southwest Y.., Section
14, of the above-describedparcel. /A." (L�-2ZC,,OD"Z-
PERMANENT EASEMENT "Ba DESCRIBED AS FOLLOWS:
Beginning at a point on the Northerly ROW tine of E. Wardlow, Rd.,
located due But along the East -Wes 1/4 line of the Southeast '/,
Section 14, 462.0 ft. and S. 0001'00"B, 33.11 ft from the center of
said Section 14; thence from said point of beginning, along the
Northerly ROW.line, 535.0 ft,; thence due South 30.0 &; thence due
West parallel to the ROW line, 312.0 ft.; thence N. 81"52'll"W.,
14l A2 &; thence due West, 83.0 &; j}�ence N, 0°0l'00"W., 10.0 ft.
to the point of beginning. „(y, (,I_(LA6/ V—
2 4 8 7 PO4 0 5
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LIFER PAGE {05
Q5.00 RISC RECORDING
0.00 REMDNUXENTATION
AM10�14�-
10/22@OIO I1112:17 A.X. RECEIPT, 81868
20100Ci22 -
PAID RECORDED - OAKLAND CRmaY
RUTH JOHNSON, CLEWREWTER OF DEEDS
79544"
LINER PAGE
t.00 TRANSFER TM COMBINED
t.00
$4.30 TRANSFER TX COMBINED
18/22/2010 11112:19 A.X. RECEIPT# 31668
EASEMENT 111111111111111111111111111111
PAID RECORDED - OAKLAND COUNTY
Parcel No. RU2i JORNEON, 6LERN/REGISTER OF DEEDS
HIGHLANDTWP. WATER
SYSTEM INTERCONNECTION
KNOW ALL MEN BY THESE PRESENTS, that LYNN M. IRELAND
and KAREN J. IRELAND, his wife, GRANTOR, whose address is 1350 E.
WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and In consideration
of the sum of (s?C s )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 483284907, GRANTEE do/does hereby grant to the said
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. TheGRANTORis the owner of certain real property described as follows
(the "Premises"):
The North 247.5 ft. of the East 300.0 ft. of the West % of the
Southwest Y/ of - Section 14, T.3N., R.7E., Highland Township, I�
Oakland County.
---
Commonly described as: 1350 E. Wardlow, Highland, MI48356-
2212
Sidwefl No. 11-14-302-002
and,
B. The GRANTEE desires to acquire from the GRANTOR certain rights to
the Premises in order to construct, operate, maintain, repair or replace a
water supply system.
SEE ATTACHMENT W
®X _ A Nl
-I-
MISTATEREAL ESTATE
GV
DAE6wx- o
TRANSFE
Tj*
$3.75 84*
8186E
687648 *
ua[e42481 es406
IT IS THEREFORE AGREED:
1. Grant of Temoorary Easement, Grantor hereby grants to Grantee a
temporary easement for the construction of the water supply system, described as
follows, and which shall terminate upon completion of construction of the system:
The South 15.0 £t. of the Nord r 3.0 ft. of The above -described
parcel. ,Yv(ZZ
2. Grant of is Permanent Easement Grantor hereby grants to Grantee a
perpetual easement described as follows: ri
The South 5.0 ft. of the North 3U ft, of the above -described parcel.
3. Puroose of the Easements. The temporary easement granted herein shall
be used only for the initial construction of the system in accordance with the plans
and specifications approved by the GRANTEE. The permanent easement granted
here in 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.
4. 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 from 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 shalt 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 GRANTEE. Any unauthorized use or
obstruction may be removed by GRANTEE.
2-
uiiA2481 Ps401
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.
g. A map of the above -described Easement is attached hereto and made
apart thereof,
h. This instrument contains the entire agreement between the Parties
relating to the rights herein granted and the obligations herein assumed. Any and
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 f rrdrer 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.
It, 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.
-3-
u9942487 R4O8
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
of extinguishment of the easement rights granted herein or constitute a waiver of
such term or condition.
IN WITNESS WHEREOF, the GRAN
pTOR have hereunto affixed their
signatures this a7U day of �� �Zf')ol ' , A.D., 2010.
WIVES'SES.Cjw
r_�( LYNN M. IRE AND
/A (L.S.)
N J LAND
NEW(G n- ReAnd an 07nI a010 nnbcKyB wnbfla,\0.\EA5EME NEWM-BY]O,6AV U/21/2010)
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
COUNTY OF OAKLAND(')
On this ')-"day of 1 diY I I-VRP . A.D., 2010 before me, a Notary
Public in and for said County, appeared LYNN M. IRELAND and KAREN J.
IRELAND, 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, � /r /� /J�
6044ri S'.CQ`y.m Notary PubOc
QM Count
Mycomrtdssion Expy:
y 14
AcIJA 1rjotllUkv) C&aJTVM1
This instrument drafted by:
Paul E. Dove, Right of Way Supervisor, Office of the
Oakland County Water Resources Commissioner
One Public Works Drive
Building 95 West
'a oa, a
Y
Waterford, MicNgan48328-1908
manao�osvam
tr�4aDN
ADm caiMtY
A- ABl.noaledgezmar—RBNad 10 V01
PED/lm)b
ion auvzalot
-4-
t.,.-DC-ns EASEMENT SKETCH LaR4 2 4 81 ec4 0 9 'I
N NOTE: NO FIELD WORK PERFORMED
DESCRIPTION TAKEN FROM RECORD.
SCALE. I "= 50'
33.00'
EAST/ WESTSECTION LINE _ __-__-_____________-_______
WARDLOW ROAD
i�
5.00' Wide Permanent Easement
15,00' Wide Permanent Easement
11-14-302-002
300.00'
PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/27/2010
PERMANENT EASEMENT EASEMENT PARCEL NO. 2 DWG.I OF I
TEMPORARY EASEMENT SIDWELL NO. FM4-302-002
Port of the West 1/2 of the SW 114 of Sec. 14 Highland Township, Oakland County, Michigan
'UHN P. MCCULLOCH
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
P,g 1Of I Rcr08Nl/OI
BaEa42 4 81 PG410
ATTACHMENT "A"
HIGHLAND TOWNSHIP
WATER SUPPLY SYSTEM INTERCONNECTION
PARCEL NO. 2 Lynn M. Ireland
SIDWELL NO. 11-14-302-002 Karen J. Ireland
1350 E. Wardlow Rd.
Highland, Ml 48356
1. If any of the trees being 6" in diameter and larger we removed from the
permanent easement area during construction or should die within one year of
cunstmchon, as a result of construction, the property owner shall receive one
(1) 2" — 2 %" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall
nursery stock Conifer tree to be planted by the County within landowners
property, at a reasonable location for each 8 inches of diameter of tree
removed that Is 6 inches in diameter and linger.
(f l J' l / 1 p 1:24"OaMree removed wmdd
receive N1ree (3) frees 2 "- 2f/2"dlarnemr nursery amok Deciduous trees.)
2. It Is agreed that a8 trees and shrubs located in the temporary construction
easement shalt be preserved and protected at all times, if any of the trees being
6" in diameter and larger are removed from the temporary casement area
during construction or should die within one year of construction, as a result of
construction, the property owner shall receive one (1) 2" — 2 %" diameter
nursery stock Deciduous tree and/or one (1) 61-8' tall nursery stock Conifer
tree to be planted by the County within landowners properly, at a reasonable
location for each 8 inches of diameter of Deciduous tree removed and/or each
8 ft. of height of Conifer tree that is removed.
Landowner shall receive one (1) nursery stock slu da being two (2) feet in
height to be planted by the County for each 3 ft. in height of shrub that Is
removed from the temporary construction easement area.
Sr IS Aeaua /d S( 4a— a?-W gy
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n� 2-t YA140 ANf� b2 24/764 ) CBr.WV WI174 UK4
�(t PROPERTY OWNER(S)`rSMAL�•
INITIALI��S)�: .�. M
DATE: (lLteu r y/'3e1l1 n
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189897
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M.Ou MISC RECORDIRG
11! 1114-M RENDRUNCHTATION
10/22/2010 I111I106 A.M. RECEIPT, 81868
1h100CT 22 pN10� 14
II II IIIII till III 11111111I III
PAID RECORDED - DXLW 10b 11
RUTH JORNEOID LLERH/REGIRTER OF DEEDS
795465E
USES PAGE
LOO TRANSFER TM COMBINED
$40
n-SO TRANSFER TN eDAn EO
EASEMENT
II 11111111L1111111111111111lo
PAID RECORDED - OAP,LAND 60OIITY
RUTH AHHSDHr CLERGAEGISTER OF DEEDE
Parcel No. 4
HIGHLANDTWP. WATER
SYSTEM INTERCONNECTION
KNOW ALL MEN BY THESE PRESENTS, that BARBARA JEAN
OATES, a single woman, GRANTOR, whose address is 1716 E. WARDLOW
RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of
($3en, W ) receipt of which is hereby acknowledged, paid to
her 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 do/does hereby grant to the said GRANTEE
the right to construct, operate, maintain, repair or replace a water supply system, in
accordance with the terns and conditions set forth herein: '^n
RECITALS: NAL
A. The GRANTOR is the owner of certain real property described as follows U�
(the "Premises"):
Part of the Souther '. of Section 14, T.3N, R.7E, Highland
Township, Oakland County, Michigan, described as: Beginning at
the center of Section 14; thence due East along the East and West '/n
line, 308,00 ft.; thence S. 00°01'E., 282.85 ft.; thence due West
308.00 ft. to the North and South '/. line of said Section; thence N.
00"01' W., along said line, 282.85 ft. to the point of beginning. OX - AX
Sidweii No. 11-14-400-003
and,
B. The GRANTEE desires to acquire from the GRANTOR certain rights to
the Premises in order to construct, operate, maintain, repair or replace a
water supply system.
N1STATE °F gFAL ESTATnEv*
OAALANO I Q E81ATE *
3136s 6N7647
-1-
UHR42487 rc400
IT IS THEREFORE AGREED:
1. Grant of Temnorary Easement. Grantor hereby grants to Grantee a
temporary easement for the construction of the water supply system, described as
follows, and which shall terminate upon completion of comminution of the system:
The South 15.0 ft, of the North 53.0 ft. of the above -described
parcel. I
2. Grunt of a Permanent Esseenrnl Grantor hereby grants to Grantee a
perpetual easement described as follows: 0-. / (-11 f !M �IYj
The South 5.0 ft. of the North 38.0 ft, of the above -described parcel.
3. Purpose of the Ereemmts. The temporary easement granted herein shall
be used only for the h»tial constructon of the system in accordance with the plans
and specifications approved by the GRANTEE. The permanent easement granted
here in shag 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.
4. General Conditions
a. GRANTOR agrees not to build or convey to others permission to
build any permanent structures on the above -described permanent casement.
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 Promises shall be
disturbed by reason of the exercise of any of tire 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 GRANTEE. Any unauthorized use or
obstruction may be removed by GRANTEE.
-2-
AM2467 fG401
C. It is understood that the easement, rights, and privileges granted
herein are nonexclusive, and GRANTOR reserves and retains the right to convey
similar casements and rights to such other persons as GRANTOR may deem
proper provided such similar casements do not affect GRANTEE'S Easement.
£ 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 ptior
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.
g. A map of the above -described Easement is attached hereto and made
a part thereof.
h, 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 more 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 herem.
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.
-3-
ueEe42487 K402
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
of extinguishment of the easement rights granted herein or constitute a waiver of
such term or condition.
IN WITNESS WHEREOF, ale GRANTOR have hereunto affixed her
signature this � day of A L)k, bf 1 , A.D., 2010.
WE
ES CkH(XIL BARBARA JEArf0ATES
NEW'. it -.,teed -.on 1.016 1.'I ry Brun. nlrr\G'\seiEMEM\NEW(E-B)'u, SAV (7121/2010)
ACKNOWLEDGEMENT
STATE OF MICHIGAN )
COUNTYOFOAKLAND )
n/ Y
On this �1�-day of A.D., 2010 before mc, a Notary
Public in and for said County, appeared BARBARA JEAN OATES, a single
woman, to me personally known to be the same person described in and who
executed the foregoing instrument and acknowledged the same to be her fire act and
deed.
(,--
Notary Public ggNAN S C114..Of LI,
,(NMN,(y�} County, MI 1164r
My Cormnissin oE.xp+res ualf. 1, aoig
krtt,}G Iri 0414Uvq eAgAy
This Instrument drafted by: anW a rae4V1.
Paul E. Dove, Right of Way Supervisor, Office of the°'^w w
Oakland County Water Resources Commissioner /at �wtnuDyaFa
One Public Works Drive
Building 95 West
Waterford, Michigan 48329-1908
A- Acknowledges zn—Ilevixd 1a/31/01
PEDlkmb
pmYXy6.w.vn 111W\D.\W6NAILmWµs1®(IONJ)IOfl➢\OAIFS'10% ry/EYNIDj
-4,
Euem—Dc-I�s EASEMENT SKETCH uat4 2 4 8 1 rc4 0 3
NOTE: NO FIELD WORK PERFORMED
N DESCRIPTION TAKEN FROM RECORD,
SCALE. 1 "= 50'
CENTER
SECTION I4
HIGHLAND TWP. 33.00' —
T.3N.'R.7E. WARDLOW ROAD
EAMCWN STt/4 LINE 309.00' —�
I
Jvv+vvvv
5.00' Wee Permanent Easement
15.00' Wide Temporary Easement
m
ml 11-14-400-003 i N
NI
II
J
308.00'
PROTECT: HIGHLANU'fUWN SHIP WATER INTERCONNECTION 07/2WO10
PERMANENT EASEMENT EASEMENT PARCEL NO. 4 DWG.1 OF 1
TEMPORARY EASEMENT ® SITWELL NO. 11-14400-003
Part of the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan
'U. Y. MCW LLOUH
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
pw laf I kaV,08/DUD1
LiBA2487 M404
ATTACHMENT"'A"
HIGHLAND TOWNSHIP
WATER SUPPLY SYSTEM INTERCONNECTION
PARCEL NO, 4 Barbara Jean Oates
SIDWELL NO, 11-14.400-003 1716 E. Wood].
Illghland,Mt 48356
1. If any of the trees being 6" in diameter and larger are removed from the
permanent easement area during construction or should die within one year of
construction, as a result of contraction, the property owner shall receive one
(1) 2"-2 %" diameter nursery stock Deciduous tree and/or one (1) 6'-8'tall
nursery stock Conifer tree to be planted by the County within landowners
property, at a reasonable location for each 8 inches of diameter of tree
removed that Is 6 inches in diameter and larger.
(ExamyleLrbiformat24" Oak nee removed would
receive (hree (3) bees Z"- 2!/Z"Aiameler nursery stock Decxdaons bees,)
2. It is agreed that all trees and shrubs located in the temporary construction
easement shall be preserved and protected at all times, if any of the trees being
6" in diameter and larger are removed from the temporary easement area
during wnsimemm or should die within one year of construction, as a result of
construction, the property owner shall receive one (1) 2" — 2 %" diameter
nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer
tree to be planted by the County within landowners property, at a reasonable
location for each 8 inches of diameter of Deciduous tree removed and/or each
8 ft, of height of Conifer tree that is removed.
Landowner shall receive one (1) nursery stack shrub being two (2) feet in
height to be planted by the County for each 3 ft. in height of shrub that is
removed from the temporary construction easement area.
3. The white picket wooden fencing and the flower bedding with perennials
located in the permanent and temporary easement areas shall be preserved and
protected by the County. If said fence, and perennials are removed or damaged
due to construction the same shall be replaced with like materials, and nursery
stock W gallon perennials for every I square foot area of perennials damaged,
to he plumed by the County.
4. If any established lawn area including topsoil and surface grade is damaged or
disturbed by the County during installation of the subject water supply system,
said lawn area shall be re -seeded with seed and mulch by the County,
including topsoil and grading, if necessary.
5. Any portion of the asphalt and/or gravel driveway located on the subject
property which may be damaged during construction by the County shall be
replaced by the County with like materials and to matching thickness.
PROPERTY0 (S//
INITIAL(S'�: , 1� Ilv�
DATE:
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125.60 RISC RECORDING
P1.00 RERONORENTATTOR
DIM
10100CT 22 AI110t 14
II 1121111111IZN III1111111111111
PAID RECORDED - PAR.... COONIY
RUTH JOHNSON CLERK/REGISTER OF DEEDS
7954687
LIBER PAGE
r.DO TRAMFER TX CDRDINED
P.Oo
4440
In 22A2 o, 11RIYo02A.M. REMPTt 81968
EASEMENT 1111111111111111111111111111
Parcel NO.
GO? JDNNESWA, aERKIWISTERRUOf GEEDS
HIGHLAND TWP. WATER
SYSTEM INTERCONNECTION
KNOW ALL MEN BY THESE PRESENTS, that BARBARA J.
WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW
REVOCABLE LIVING TRUST dated April 13, 2005, GRANTOR, whose
address is 1754 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for
and in consideration of the sum of ($a5'Q, �� ) receipt of
which is hereby acknowledged, paid to her 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 49328-I907, GRANTEE do/does hereby grant to the (9—
said 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"):
Part of the Southeast ''/ of Section 14, T.3N., R.7E., Highland
--�-F' Township, Oakland County, Michigan, described as: Beginning at a
point distant East 308 ft. from center of said section, thence East 154
ft.; thence S. 00'01'00"E., 282.85 ft.; thence West 154 ft.; thence N.
0o°01'00"W., 282.85 ft. to the point of beginning.
Sidwell No. 11-14-400-004
and,
B. The GRANTEE desires to acquire from the GRANTOR certain rights to
the Premises in order to construct, operate, maintain, repair or replace a
water supply system.
SEE ATTACHMENT "A"
— STATE
F REAL ESTATE
* ®•K° � AN.
OAE NO 1YgR*
10/22/2030 B.13 0P*
01060 621616
LIUR42487 e�394
IT IS THEREFORE AGREED:
1. Grant of Temoamry Easement Grantor hereby grants to Grantee a
temporary easement for the construction of the water supply system, described as
follows, and which shall terminate upon completion of construction of the system:
The South 15.0 ft, of the North 53.0 ft. of the above -described
parcel,
2, Gront of a Permanent Easerm ot, Grantor hereby grants to Crimean
Perpetual easement described as follows:
The South 5.0 ft. of the North 38.0 ft. of the above -described parcel.
3. Purpose of the Easements. The temporary easement granted herein shall
be used only for the initial construction of the system in accordance with the plans
and specifications approved by the GRANTEE. The permanent casement granted
here in shalt be used for due purpose of the operation, maintenance, repair or
replacement of the system constructed in accordance with the plans and
specifications approved by the GRANTEE,
4, 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 me 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 GRANTEE. Any unauthorized use or
obstruction may be removed by GRANTEE.
_2_
L16ER42487 IT395
e. It is understood that the easement, rights, and privileges granted
herein we 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.
I. 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 at GRANTOR'S heirs, representatives, successors
and assigns shall submit such dedication for review and approval from the
GRANTEE, its heirs, successors or assigns.
g. A map of the above -described Easement is attached hereto and made
a part thereof.
It. 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 most 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, cuntmcts, of representations between
GRANTOR and GRANTEE in any way related to the subject matter hereof,
except as expressly stated herein.
k, if any provision of flits 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.
-3-
LMER42481 PG396
I. It is understood and agreed between the Parties that a failure by
either Party to to fill a condition or term set forth in this Easement shall not result
of extinguishment of the easement rights granted herein or constitute a waiver of
such term or condition.
IN WITNESS WHEREOF, the GRANTOR have hereunto affixed her
signaturethis ? 2$- 10 dayof Uu(r ,A.D., 2010,
WITNESSES: �qfb
BARBARA J. WARDLOW, AS TRUSTEE OF
THE BARBARA J. WARDLOW REVOCABLE
LIVING TRUST, dated April 13, 2005
BARBARA J ARDLOW,TRUSTEE
L.ISA G. 'dug:K WH¢T
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ACKNOWLEDGEMENT
STATE OF MICHIGAN )
COUNTY OF OAKLAND ) On this.33 day of _////
l (/9�(/a — A.D., 2010 before me, a Notary
Public in and for said Co"unt5' appeared BARBARA J. WARDLOW, AS
TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING
TRUST, dated April 13, 2005, to me personally known to he the same person
described in and who executed the foregoing instrument and acknowledged the same
to be her free act and deed.
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This instrument drafted by: ayga l7 sm
MOMMROM F11
Paul E. Dove, Right of Way Supervisor, Office of the In'Ja{rmi]
Oakland County Water Resources Commissioner 1CM1'aiEiWJMYWoo"
One Public Works Drive
Building 95 West
Waterford, Michigan 48328-1908
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Ao-DC-175 EASEMENBRO . IRK uBE04 2 4 8 7 PC3 9 1
NOTE: NO FIELD WORK PERFORMED
N DESCRIPTION TAKEN FROM RECORD.
SCALE: !" = 50'
WARDLOW ROAD 33.09
EAST &WEST 114 LINE
308.0o'-T164.00- ---
CENTER I'
SECTION 14 ,I•
HIGHLAND TWP.
T.3 N., R. 7 E.
5.00' —I 15.00,
WIDE WIDE
i PERMANENT TEMPORARY
EASEMENT EASEMENT
m
[VI
NI
11-14-400-004
PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/28/2010
PERMANENT EASEMENT =EASEMENT PARCEL NO. 5 DWG. I OF 1
TEMPORARY EASEMENT ® SIOWELL NO. 11-14400-004
Part of the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan
IUHN Y. MC ULWLH
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
Pagel of 1 R,,08/01/01
uefe42487 PG398
ATTACHMENT"A"
HIGHLAND TOWNSHIP
WATER SUPPLY SYSTEM INTERCONNECTION
PARCEL NO. 5 Barham J. Wardlow
SIDWELL NO.11-14-400-004 Revocable Living Trust
1754 E. Wardlow
Highland, MI 48356
1, if any of the trees being 6" in diameter and larger are removed from the
permanent easement area during construction or should die within one year of
construction, as a result of construction, the property owner shall receive one
(1) 2" — 2 %" diameter nursery stock Deciduous tree and/or one (1) 6'-8' tall
nursery stock Conifer tree to be planed by the County within landowners
property, at a reasonable location for each 8 inches of diameter of tree
icmoved that is 6 inches in diameter and larger.
(Lummle for odaratoom1:24" Oak tree removed would
receive threw (3) trees 2"- 2112"diameter nurserystockDeciduous trees.)
It is agreed that all trees and shrubs located in the temporary construction
easement shall be preserved and protected at all times, if any of the trees being
6" in diameter and larger are removed from the temporary easement area
during construction or should die within one year of construction, as a result of
construction, the property owner shall receive one (1) 2" — 2 %" diameter
nursery stock Deciduous tree and/or one (1) 6'-8' tall nursery stock Conifer
tree to be planted by the County within landowners property, at a reasonable
location for each 8 inches of diameter of Deciduous tree removed and/or each
812. of height of Conifer tree that is removed.
Landowner shall receive one (1) nursery stock shrub being two (2) feet in
height to be planted by the County for each 3 R, in height of shrub that is
removed from the temporary construction easement area.
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ROPERTY OTNEl2/('S�,"
INITiAL(S): T W-
DATE:
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pmberly Brvwd, fllulD\M1IgbWMlwpwatennlerwnrccLonea\WePDLOWIFV5T10PB (9�1Y301a)(9-2I-4010)
Resolution #21004 January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent Agenda be
adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer,
Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell,
Spisz, Weipert, Woodward, Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were
adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows:
Add the following Commissioners as co-sponsors of the resolution:
Bob Hoffman, District #2; Adam Kochenderfer, District #15; Eileen Kowall,
District #6; Thomas Kuhn, District #12; Christine Long, District #7; Gary
McGillivray, District #20; Chuck Moss, District #12; Philip Weipert, District
#8; Charlie Cavell, District #18; Yolanda Charles, District #17; Janet Jackson,
District #21; Karen Joliat, District #4; Penny Luebs, District #16; Gwen
Markham, District #9; William Miller, District #14; Kristen Nelson, District #5;
Angela Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
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 January 21, 2021, with the original record thereof now
remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit
Court at Pontiac, Michigan this 215t day of January, 2021.
Lisa Brown, Oakland County
Resolution #21004 January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent AgE:ida be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows;
Add the following Commissioners as co-sponsors of the resolution
Bob Hoffman, District #2; Adam Kochenderfer, District #15; Eileen Kowall, District #6;
Thomas Kuhn, District #12; Christine Long, District #7; Gary McGillivray, District #20; Chuck
Moss, District #12; Philip Weipert, District #8; Charlie Cavell, ",istrict #18; Yolanda Charles,
District #17; Janet Jackson, District #21; Karen Joliat, District #4; Penny Luebs, District #16;
Gwen Markham, District #9; William Miller, District #14; Kristen r Nelson, District #5; Angela
Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
U,QL,
I HFMBY pppROVETHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTINCs pUFiSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 21,
2021, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 21s' day of January, 2021.
Lisa Brown, Oakland County