HomeMy WebLinkAboutResolutions - 2021.11.10 - 34998fro,AKLANDF
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
November 10, 2021
MISCELLANEOUS RESOLUTION #21-453
Sponsored By: Kristen Nelson
IN RE: Donation of Property in Rose Township
Chairperson and Members of the Board:
WHEREAS the Parks and Recreation Commission is entering into a donation agreement with Kurt W. Jung
and Maura A. Lobos Jung for the donation of approximately 33 acres of property in Rose Township; and
WHEREAS the parcel is located between Rose Oaks and Highland Oaks County Parks and is adjacent to the
Michigan Nature Association's Big Valley Nature Sanctuary; and
WHEREAS the property will become part of Highland Oaks County Park and will expand the amount of high -
quality natural habitat preserved by the Parks and Recreation Commission in perpetuity; and
WHEREAS the estimated value of the approximate 33 acres is $230,000 based on comparable values; and
WHEREAS as part of the donation agreement, the donors are also donating $15,000 to help offset the cost of
the Oakland County Parks and Recreation Commission's due diligence required to acquire the property.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
donation agreement with Kurt W. Jung and Maura A. Lobos Jung for the donation of approximately 33 acres of
property in Rose Township with an estimated value of $230,000.
BE IT FURTHER RESOLVED to accept the donation of $15,000 to help offset the costs associated with the
acquisition of the property.
BE IT FURTHER RESOLVED the FY 2022 budget is amended as follows:
PARKS AND RECREATION FUND (#50800) FY 2022
Revenue
5060101-160000-690189 Capital Asset Contributions $230,000
5060101-160000-650104 Contributions Operating $15,000
Total Revenue $245,000
Ex en nses:
5060666-160666-796500 Budgeted Equity Adjustments $245,000
Total Expenses $245,000
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson
to execute the Donation Agreement and any other documents necessary for the donation of the property.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson.
2fd
Date: November 16, 2021
David Woodward, Commissioner
L. a
W1ti/L
Date: November 16, 2021
Hilarie Chambers, Deputy County Executive II
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Date: November 16 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-11-02 Legislative Affairs & Government Operations - recommend to Board
2021-11-10 Full Board
VOTE TRACKING
Motioned by Commissioner Christine Long seconded by Commissioner Kristen Nelson to adopt the attached
Sponsorship or Donation: Donation of Property in Rose Township.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, Yolanda
Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (18)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
1. Jung Donation Agreement - Final Version (9-30-21)
2. Jung location map rev
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 November 10, 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 on Wednesday, November 10, 2021.
Lisa Brown, Oakland County Clerk/Register of Deeds
DONATION AGREEMENT BETWEEN
THE COUNTY OF OAKLAND AND KURT W. JUNG AND MAURA A. LOBOS JUNG.
(Water Road Property, Parcel No. 06-27-377-001)
This Donation Agreement ("Agreement") is made and entered into
2021 ("Effective Date") by and between Kurt W. Jung and Mania A. Lobos Jung, husband and
wife, PO Box 250 Davisburg, Michigan 48350 ("the Jungs") and the County of Oakland, by and
through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins
Lake Road, Waterford, Michigan 48328 ("County"), for the donation of approximately 33 acres of
vacant land on Water Road, parcel identification number of 06-27-377-001, together with a further
donation of fifteen thousand dollars ($15,000.00) on the following terms and conditions:
1. DONATIONS AND AGREEMENT APPROVAL.
1.1. Donation of Real Provertv. Pursuant to the terms and conditions set forth herein,
the Jungs donate to the County and the County accepts the donation of
approximately 33 acres of vacant land, with a parcel identification number of 06-
27-377-001, specifically described in Exhibit A ("Premises") including all rights,
title, interests, and mineral rights or mineral royalty interests the Jungs have in the
Premises, subject to all easements and restrictions of record including a
Conservation Easement Agreement. Exhibit A is fully incorporated into this
Agreement. The County through its authorized representatives has fully reviewed
the Conservation Easement Agreement, accepts the donated Premises subject to the
limitations, conditions, and other terms of the Conservation Easement Agreement,
and supports protection of the Conservation Values set forth in the Conservation
Easement Agreement.
1.2. Monetary Donation. Pursuant to the terms and conditions set forth herein, the Jungs
donate fifteen thousand dollars ($15,000.00) to the County and the County accepts
the donation of the fifteen thousand dollars ($15,000.00) ("Monetary Donation").
The Monetary Donation shall be used to defray costs associated with acquisition
and maintenance of the Premises. The Monetary Donation shall be paid to the
County on the date of Closing.
1.3. Avvroval of Agreement. The Oakland County Board of Commissioners shall have
until November 30, 2021 to approve and execute this Agreement. If the Oakland
County Board of Commissioners does not approve and execute this Agreement by
November 30, 2021, then the Agreement shall be null and void.
2. TITLE CONVEYED.
2.1. Form of Convevance. At Closing, the Jungs shall convey marketable title to the
Premises to the County by Warranty Deed, subject to all easements and restrictions
of record including a Conservation Easement Agreement. The Warranty Deed shall
contain the following restriction: "The County shall not sell, transfer, or otherwise
hypothecate or encumber the Premises or any interest in the Premises except to the
State of Michigan, another governmental unit, or an entity that is a "qualified
organization" for purposes of Internal Revenue Code Section 170(h)(3) or any
Jung Donation Agreement Final Version (9-30-21) 1
successor provision thereto." The Premises shall include all tenements,
hereditaments, privileges and appurtenances belonging or in any way appertaining
to the Premises including the following: (1) all future land division rights, (2) all
right, title, and interest of the Jungs in any street, road, or avenue, open or proposed,
in front of or adjoining the Premises, or any part thereof, to the centerline thereof,
(3) all water, air, riparian, and mineral rights to the extent held by the Jungs, (4) the
use of appurtenant easements, whether or not of record, strips and rights of way
abutting, adjacent, contiguous or adjoining the Premises, and (5) all assignable
licenses, franchises, rights, and governmental or other permits, authorizations,
consents, and approvals, which are necessary to own the Premises, to the extent that
the same are legally assignable, subject to all easements and restrictions of record
including a Conservation Easement Agreement.
2.2. Personal Pronertv. There is no personal property on the Premises and no personal
property is included with the donation of the Premises.
2.3. No Transfer of Interests After Execution. After the Jungs' execution of this
Agreement, the Jungs shall not lease, assign, or grant a security interest or other
lien that would encumber the Premises after closing, unless approved by the County
in writing.
TITLE INSURANCE.
3.1. The County shall obtain and pay for the commitment of title insurance covering the
Premises (the "Title Commitment"), the final policy of title insurance covering the
Premises (the "Title Policy"), related title search fees in connection with the Title
Commitment and Title Policy, and any endorsements to the Title Policy from ATA
National Title Group, LLC, 42651 Woodward Avenue, Bloomfield Hills, MI 48034
("Title Company"). The Title Commitment for an ALTA Owner's Policy of Title
Insurance shall be issued by the Title Company, without standard exceptions, and
shall bear a date later than the Effective Date, wherein the Title Company is to
insure the title to the Premises in the condition required herein.
3.2. At the time of Closing, the County shall order and have the Title Insurance issued
(in the name of the County) pursuant to the Commitment.
3.3. The Jungs agree to execute a standard form Owner's Affidavit at closing consistent
herewith to assist in the County's efforts to obtain coverage without standard
exceptions. In addition to the representations and warranties contained in said
Owner's Affidavit, the Jungs agree to execute an affidavit indicating the following:
(1) The Jungs are not on notice, whether actual or anticipated notice, of any pending
claims against the Jungs that would affect the transfer of the Premises and (2) there
are no court orders prohibiting the transfer of the Premises.
4. DUE DILIGENCE INVESTIGATIONS.
4.1. Innnection and Due Dilieence Investieation/Examination. The County shall have
thirty (30) calendar days from the date this Agreement is executed to conduct the
following, at its sole expense: (1) an ALTA/ACSM boundary survey of the
Jung Donation Agreement Final Version (9-30-21)
Premises and (2) a Phase I Environmental Site Assessment ("Phase 1") performed
consistent with applicable ASTM standards. During this thirty (30) day period, the
County shall also have the right to conduct other inspections/tests/examinations of
the Premises that it deems needed, at its sole expense.
4.2. Delivery of Documents to County. Within seven (7) calendar days of execution of
this Agreement, the Jungs shall deliver to the County Parks and Recreation
Executive Officer copies of any documents in their possession concerning the
Premises, other than copies of documents which the Jungs received from the
County.
4.3. The County may terminate this Agreement at any time prior to the expiration of the
thirty (30) day period set forth in 4.1, in its sole discretion, by giving written notice
to the Jungs that it is not satisfied with the condition of the Premises.
CLOSING. AND CLOSING DOCUMENTS.
5.1. Closing Date. If this offer is accepted by the Oakland County Board of
Commissioners pursuant to Section 1.3, then the County shall complete the
transaction as soon as practicable, but in no event later than December 31, 2021
("Closing Date").
5.2. Location of Closing. The closing shall be held at the offices of the Title Company.
The Title Company will prepare the necessary documents for signatures.
5.3. Closing Documents. At least three (3) business days prior to closing, the County
shall provide to the Jungs and any designated representative of the Jungs copies of
all closing documents required for this transaction. The Jungs and the County will
sign and/or prepare any other documents reasonably necessary to complete the
donation and transfer of the Premises and to allow the Jungs, if so desired, to claim
tax deductions related to the Donation of Real Property and the Monetary Donation
completed pursuant to this Agreement.
5A. Signing of Deed and Affidavit. The Jungs shall sign and deliver at closing a
statutory form Warranty deed conveying fee simple absolute title to the Premises
inclusive of any mineral rights or royalties held by the Jungs with respect to the
Premises, subject to all easements and restrictions of record including a
Conservation Easement Agreement, in the condition required by this Agreement
including 2.1, together with a Non -Foreign Persons Affidavit.
5.5. Discharge of Encumbrances. All financial encumbrances upon the Premises shall
be paid and discharged by the Jungs prior to closing.
5.6. Recording Fees and Closing Costs. The County shall pay for the following: the
recording of the deed, any notary fees, any Title Company fees/costs, and any other
closing costs. The transfer of the Premises is exempt from property transfer taxes
pursuant to MCL 207.505(a) and MCL 207.526(a).
5.7. Affidavit of No Liens. At the closing, to the extent consistent herewith, the Jungs
will sign an Affidavit of No Liens on the Title Company's standard form, sufficient
to permit the Title Company to delete the standard Schedule B exceptions.
Jung Donation Agreement Final Version (9-30-21)
5.8. Certificate of Accuracv. At the closing, to the extent consistent herewith, the Jungs
will sign a Certificate of Accuracy regarding the representations made by the Jungs
in Section 9 herein.
5.9. Authorization to Sien Closine Documents. The County's Property Management
Specialist or its Director of Facilities Management shall have the authority to
execute all closing documents and other documents necessary to complete this
transaction and donation.
5.10. Property Taxes. Current property taxes on the Premises shall be prorated on the
due date basis of the taxing authority, based on a three -hundred sixty-five (365) day
year; the Jungs shall be responsible for property taxes on the Premises up to the
Closing Date, but not including the Closing Date; to the extent property taxes have
been paid in advance, same shall be promptly refunded by the County per MCL
211.2.
6. POSSESSION. The County shall have possession of the Premises on the date closing is
complete (subject to the anticipated Conservation Easement Agreement in favor of the
Michigan Nature Association).
RIGHT OF ENTRY AND ACCESS.
7.1. Rieht of Entrv. During this Agreement, the County and its employees and agents
shall have the right to enter and access the Premises at reasonable times for the
purpose of surveying, testing, performing environmental impact studies, site
planning, and other inspections or testing the County deems appropriate; no mineral
or oil -or -gas testing shall be performed. All inspections or testing shall be
coordinated with the Jungs.
7.2. Restoration of Premises. The County, at its own expense, within sixty (60) days
shall restore the Premises to substantially the same condition that existed on the
date this Agreement was executed to the extent such restoration is necessary due to
the County's actions.
8. RISK OF LOSS. No risk of loss shall pass to the County prior to closing. Except as
otherwise provided in this Agreement, the County acknowledges that the Jungs have made
no representations or warranties with respect to the Premises.
9. WARRANTIES BY THE RUNGS. The Jungs warrant to the County and certify the
following by execution of this Agreement:
9.1. Authority to Perform Agreement. The Jungs have full authority to enter into and
perform this Agreement in accordance with its conditions and terms without
breaching or defaulting on any obligation or commitment that the Jungs have to any
third parties; the Jungs will provide the County with any necessary waivers,
consents, or other documents that verify the Jungs have the requisite authority;
9.2. Fee Simnle Owner. The Jungs are the fee simple owners of the Premises and will
discharge, prior to closing, all liens or other encumbrances on the Premises, except
Jung Donation Agreement Final Version (9-30-21) 4
for all easements and restrictions of record including a Conservation Easement
Agreement;
9.3. Correct Legal Description. To the Jungs' knowledge the legal description set forth
in Exhibit A is an accurate description of the Premises and does not include any
adjacent or contiguous land owned by the Jungs or any third party;
9.4. No Other Interests. To the Jungs' knowledge there are no leases, rights of first
refusal, contracts, or other agreements of any kind with respect to the Premises
which would impair the County's right to receive fee title absolute, except as set
forth herein;
9.5. No Claims or Lawsuits. To the Jungs' knowledge, there are no lawsuits, actions,
or proceedings pending or threatened by any party, including governmental
authorities or agencies, against or involving the Premises which would affect the
Jungs' ability to convey the Premises to the County;
9.6. Other Interests. The Jungs have no notice or knowledge of any of the following:
9.6.1. any planned or commenced public improvements that might result in
special assessments or otherwise directly and materially affect the
Premises;
9.6.2. any government agency or court order requiring corrections of any
existing condition on the Premises; or
9.6.3. any request by an insurer or a mortgagee of the Premises requiring
correction of any existing condition on the Premises; and
9.7. No Disposal of Hazardous Materials. The Jungs have not used the Premises for the
purpose of disposing, refining, generating, manufacturing, producing, storing,
handling, treating, transferring, processing, or transporting Hazardous Materials.
As used in this Agreement, the term "Hazardous Materials" means any hazardous
or toxic substances, wastes or materials, or flammable explosives, including,
without limitation, those described in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, the Hazardous Materials
Transportation Act, as amended, the Resource Conservation and Recovery Act,
Parts 20, 211 and 213 of the Natural Resources Environmental Protection Act, and
all rules, regulations and policies promulgated thereto.
10. WARRANTIES BY THE COUNTY. The County warrants to the Jungs and certifies the
following by execution of this Agreement:
10.1 Existence. The County is a Michigan Constitutional and Municipal Corporation;
and
10.2 Authority. The County has full authority to enter into and perform this Agreement
in accordance with its conditions and terms.
11. SURVIVAL OF WARRANTIES. The warranties of the Parties contained in this
Agreement shall survive for two (2) years after closing.
Jung Donation Agreement Final Version (9-30-21) 5
12. LIABILITY. The Jungs shall be liable for and defend any and all alleged losses, claims,
suits, causes of action, litigation, or other demands for damages of any kind, pertaining to
the Premises (including attorney fees) prior to closing, except those losses, claims, suits,
causes of action, litigation, or other demands for damages arising solely out of the acts of
the County or the County's agent(s) while performing any surveys or due diligence or other
inspections or testing of the Premises prior to the closing. The Jungs shall be responsible
for paying any and all judgments, damages awarded, costs and expenses (including
attorney fees and court costs) and any other liabilities that result from any such alleged
losses, claims, suits, causes of action, litigation, or other demands for damages of any kind
pertaining to the Premises prior to the closing, except as noted above in this Section.
13. NOTICE.
13.1. Any notice, request, demand, consent, approval, or other communication given
hereunder shall be in writing and shall be sent by registered or certified mail, return
receipt requested, addressed to the other Party at its address as set forth below:
The Jungs: Kurt W. Jung and Maura A. Lobos Jung
PO Box 250
Davisburg, Michigan 48350
MT1
Stephen M. Kelley
Stephen M. Kelley, P.C.
31 Harbor Hill Road
Grosse Pointe Farms, Michigan 48236
11
Executive Director
Michigan Nature Association
2310 Science Parkway Suite 100
Okemos, MI 48864
The County: Oakland County Parks and Recreation
2800 Watkins Lake Road
Waterford, Michigan 48328
Mal
Property Management Specialist
County of Oakland Department of Facilities Management
One Public Works Dr.
Waterford, Michigan 48328
Jung Donation Agreement Final Version (9-30-21) 6
13.2. Any Party may change its address(es) for notice by providing notice as required by
this Section. Any notice by either Party shall be sufficient if signed on behalf of
said Party by any elected or appointed official thereof or attorney therefore.
14. TIME OF THE ESSENCE. Time is of the essence for this Agreement.
15. COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local
laws, statutes, ordinances, and regulations applicable to the Premises or their activities
under this Agreement.
16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by
a Parry to pursue or enforce any right or remedy under this Agreement shall constitute a
waiver of those rights regarding any existing or subsequent breach of this Agreement. No
waiver of any term, condition, or provision of this Agreement, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a continuing waiver
of any tern, condition, or provision of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
17. SEVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision
of this Agreement to be illegal or invalid, then the term, condition, or provision shall be
deemed severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
18. CAPTIONS. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning and shall not be interpreted to limit
or modify any substantive provisions of this Agreement. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing and
signed by all Parties. In the event of the death or disability of either of the Jungs, a written
modification, amendment, waiver, or release of this Agreement may be executed by the
remaining Jung.
20. GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except
as otherwise required by law or court rule, any action brought to enforce, interpret, or
decide any claim arising under or related to this Agreement shall be brought in the Sixth
Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of
Michigan, or the United States District Court for the Eastern District of Michigan, Southern
Division, as dictated by the applicable jurisdiction of the court. Except as otherwise
required by law or court rule, venue is proper in the courts set forth above. The choice of
forum set forth above shall not be deemed to preclude the enforcement of any judgment
Jung Donation Agreement Final Version (9-30-21) 7
obtained in such forum or taking action under this Agreement to enforce such judgment in
any appropriate jurisdiction.
21. ENTIRE AGREEMENT. This document represents the entire agreement and
understanding between the Parties. This Agreement supersedes all other prior oral or
written understandings, communications, agreements, or contracts between the Parties.
The language of this Agreement shall be construed as a whole according to its fair meaning
and not construed strictly for or against any Party.
Jung Donation Agreement Final Version (9-30-21) 8
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates indicated
below.
County of Oakland a Michigan Municipal
and Constitutional Corporation
By: David T. Woodward, Chairperson
Oakland County Board of Commissioners
The Agreement was acknowledged before me in Oakland County, Michigan on this day
of 202t by David T. Woodward.
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
The Jungs
Kurt W.Jung
Maura A. Lobos Jung
The Agreement was acknowledged before me in Oakland County, Michigan on this day
of 2021 by Kurt W. Jung and Maura A. Lobos Jung.
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
Jung Donation Agreement Final Version (9-30-21)
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES
Real property situated in Rose Township, Oakland County, Michigan,
approximately 33 acres, described as follows:
That part of the Southwest'/4 of Section 27, Town 4 North, Range 7 East,
Rose Township, Lying Easterly of the existing railroad Right of Way.
More particularly described as: Beginning at the South'/4 corner Section
27, Town 4 North, Range 7 East, Rose Township; thence South 86
degrees, 27 minutes, 57 seconds West along the South line of Section 27,
681.24 feet to the East Right -of -Way line of C&O Railroad, being a point
on a curve; thence along the arc of a curve to the right 845.96 feet along
the railroad Right -of -Way to a point of tangent, said curve having a
radius of 2814.79 central angle 17 degrees 13 minutes 11 seconds and
Chord bearing and distance North 00 degrees 12 minutes 53 seconds
West 842.78 feet; thence continuing along said Right -of -Way North 08
degrees 23 minutes 42 seconds East 895.29 feet; thence South 81 degrees
36 minutes 18 seconds East 50.00 feet; thence North 08 degrees 23
minutes 42 seconds East 934.00 feet to the East-West'/4 line Section 27,
thence North 86 degrees 34 minutes 22 seconds East along East-West'/4
line 293.30 feet to center of Section 27, thence South 01 degrees 36
minutes 46 seconds East along North -South Y4 line 2621.75 feet to the
point of beginning. Subject to easements, restrictions, and Rights -of -Way
of record.
Commonly known as: V/L Water Road
Tax Number: 06-27-377-001
Jung Donation Agreement Final Version (9-30-21) 10
a
Jung Water Road Property
Location Map
Jung Water Road Property
MNA Big Valley Preserve
OCPR Properties
Public Roads
Parcel Boundaries
Potential Access via
Uncertified Right -of -Way