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Home My WebLink AboutResolutions - 2021.04.29 - 34349MISCELLANEOUS RESOLUTION 421141 April 29, 2021 BY: William Miller, Chairperson, Economic Development and Infrastructure Committee IN RE: FACILITIES MANAGEMENT - APPROVAL OF DTE ELECTRIC COMPANY OVERHEAD EASEMENT CASS LAKE ROAD LAKE LEVEL CONTROL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County owns property along Cass Lake Road in Waterford Township that is part of the lake level control structure for Cass Lake; and WHEREAS the facility which is a large culvert that is under Cass Lake Rd is managed and maintained by the Water Resources Commissioners Office (WRC); and WHEREAS the Road Commission for Oakland County (RCOC) is reconstructing Cass Lake Road, and part of the reconstruction is replacing the lake level control structure; and WHEREAS DTE needs easements to relocate the overhead poles along Cass Lake Road so that the RCOC can complete the road work; and WHEREAS the easements have been reviewed and approved by WRC and benefits the lake level district with the new lake level control structure; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed the attached Easement and recommends that the Board of Commissioners approves and executes the attached Easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Easement. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Easement and all other related documents which may be required between the County and DTE Energy. 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. DTE Electric Company Overhead Easement (Right of Way) No. 57915942-58413467 On , 2021, for the consideration of system betterment, Grantor grants to Grantee a permanent, non-exclusive overhead easement ( "Right of Way") in, on, and across that part of Grantor's Land to be referred to herein as the "Right of Way Area". "Grantor" is: COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION, WHOSE ADDRESS IS 1200 NORTH TELEGRAPH RD, PONTIAC, M148341 "Grantee" is: DTE Electric Company, a Michigan corporation, One Energy Plaza Drive, Detroit, Michigan 48226 "Grantor's Land" is in SE 1/4, SEC 35, T3N, R9E, WATERFORD TOWNSHIP, County of OAKLAND, and State of Michigan, and is described as follows: T3N, R9E, SEC 35 VENICE OF THE LAKES LOT 177 Tax Identification Number(s): 13-35-403-002 More commonly known as: 1186 S CASS LAKE RD, WATERFORD, MI 48328 The "Right of Way Area" is a twenty (20') foot wide easement on part of Grantor's Land. The centerline of the Right of Way Area shall be established in the as -built location of the centerline of Grantee's facilities, and shall be installed on Grantor's Land in the approximate location described as follows: THE LEGAL DESCRIPTION OR EASEMENT DRAWING IS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 1. Purpose: The purpose of this Right of Way is to construct, reconstruct, modify, add to, repair, replace, inspect, operate and maintain overhead utility facilities which may consist of poles, guys, anchors, wires, transformers and accessories. 2. Access: Grantee has the right of pedestrian and vehicular ingress and egress to and from the Right of Way Area over and across Grantor's Land. 3. Buildings or other Permanent Structures: No buildings or other permanent structures or improvements may be constructed or placed in the Right of Way Area without Grantee's prior, written consent. Grantor agrees, at its own expense, to remove any improvement that interferes with the safe and reliable operation, maintenance and repair of Grantee's facilities upon the written demand of Grantee. If Grantor fails to comply with such demand, Grantor agrees that Grantee may remove any such improvement and bill Grantor for the cost thereof, which cost Grantor shall pay within thirty (30) days after demand therefor. 4. Excavation: Pursuant to 2013 Public Act 174, MISS DIG (1-800-482-7171 or 811 in some areas) must be called before any excavation in the Right of Way Area may proceed. 5. Trees, Bushes, Branches, Roots, Structures and Fences: Grantee may trim, cut down, remove or otherwise control any trees, bushes, branches and roots growing or that could grow or fall in the Right of Way Area and remove any structures, improvements, fences, buildings or landscaping in the Right of Way Area that Grantee believes could interfere with the safe and reliable construction, operation, maintenance and repair of Grantee's facilities. Grantee shall not be responsible for any damage to, or removal of, landscaping, trees, plant life, structures, improvements and/or fences located in the Right of Way Area. 6. Restoration: If Grantee's agents, employees, contractors, subcontractors, vehicles or equipment damage Grantor's Land while entering Grantor's Land for the purposes stated in this Right of Way, then Grantee will restore Grantor's Land as nearly as is reasonably practicable to the condition in which it existed prior to such damage. Restoration with respect to paved surfaces shall consist of asphalt cold patching of the damaged portion of any asphalted surfaces when the weather conditions suggest such use and the cement patching of the damaged portion of any cemented surfaces. Grantee shall have no liability, however, for the restoration or cost of any improvements located within the Right of Way Area, including, but not limited to, parking islands, gutters, fences or landscaping such as trees, bushes, or Bowers (but not a simple lawn which, if damaged, will be patched and re -seeded by Grantee) Rev. 08/2075 that are damaged by Grantee in the course of constructing, reconstructing, modifying, adding to, repairing, replacing, operating or maintaining its facilities as described in paragraph I above. 7. Successors: This Right of Way runs with the land and binds and benefits Grantor's and Grantee's successors and assigns. 8. Exemptions: This Right of Way is exempt from transfer tax pursuant to NICE 207.505(a) and MCL 207.526(a). 9. Governing Law: This Right of Way shall be governed by the laws of the State of Michigan. 10. Indemnity: DTE shall indemnify, defend and hold Owner harmless from and against any liability for personal injuries or property damage to the extent proximately caused by DTEs' negligent acts or omissions in performing work within the Easement Area pursuant to this Easement. I I , 'Germination: If DTE permanently removes its overhead lines and related equipment from Owner's Land or ceases to use the easement for a continuous period of 1 year, Owner may terminate this Easement by giving DTE 30 days written notice of termination. Upon receipt of written notice, DTE will provide a notice of termination to be recorded in the register of deed for the county in which Owner's Land is situated expressly allowing the aforementioned. Acknowledged before me in by , Its: CONSTITUTIONAL CORPORATION. Notary's Stamp Acting in County, Michigan Grantor(s): COUNTY OF OAKLAND By: Name: Title County, Michigan, on . 2021, for COUNTY OF OAKLAND, A MICHIGAN Notary's Signature Drafted by and when recorded, return to: Cassandra Dansby, DTI, Electric Company, NW Planning & Design, 37849 Interchange Dr., Farmington Hills, MI 48335 Rev. 03/2015 DTE Energy /� Detro&Edlsoa SECURE A 20' EASEMENT 1 FOR OVERHEAD FACILITIES rl EXHIBIT A 2635.56' A .I W 114 CDR SEC 35 T3N, R9E WATERFORD TWP OAKLAND COUNTY 310, SIDWELL NO. 13-35-403-084 1n• Resolution #21141 April 29, 2021 Moved by Long seconded by Luebs the resolutions on the amended Consent Agenda be adopted. AYES: Charles, Gershenson, Hoffman, Jackson, Joliet, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted Y APPROVE THE FOREGOING RESOLUTION 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 April 29, 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 291h day of April, 2021. Lisa Brown, Oakland County