The URL can be used to link to this page

Home My WebLink AboutResolutions - 2022.04.14 - 35428BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION #22-101 Sponsored By: William Miller III Water Resources Commissioner - Easement/Assessment Transfer of Easements from Oakland County to Highland Township Chairperson and Members of the Board: WHEREAS Oakland County holds legal title to certain easements associated with the water supply system serving the residents of the Charter Township of Highland; and WHEREAS such water supply system consists of fee simple property, easements and rights of way for the related equipment, facilities and improvements, excluding private water leads; and WHEREAS the County of Oakland having previously transferred ownership of most of the equipment and facilities associated with the system to the Charter Township of Highland; and WHEREAS the Charter Township of Highland desires to accept ownership from Oakland County the remaining easements related to the water system which no longer have outstanding bond debt; and WHEREAS there are no outstanding bonds or other indebtedness with respect to the property interests included with this transfer that would otherwise prohibit the transfer of these easements; and WHEREAS there is no cash -related loss as a result of the property transfer; and WHEREAS the capital assets of the Highland Township Water Supply System Fund 57107 were removed from the Oakland County financial system through previous Miscellaneous Resolutions 919021 and #21004; and WHEREAS the office of the Water Resources Commissioner has prepared all necessary documents related to the conveyance via Quit Claim Deed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers and assigns certain rights of way of the water system to the Charter Township of Highland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached Quit Claim Deed in favor of the Charter Township of Highland and execute any other necessary property transfer documents to effectuate the transfer of the County's interest in those water supply system assets not subject to outstanding bond debt. BE IT FURTHER RESOLVED that no budget amendment is required. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III. Date: April 14, 2022 David Woodward, Commissioner n�'� Pay ^`�' Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II D Ap ril prd 25, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-06 Economic Development & Infrastructure - Recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Easement/Assessment: Transfer of Easements from Oakland County to Highland Township, Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Highland Township - 2020 LTGO Refunding Bonds - Updated 2. 2022-04- 06 Memorandum to EDI re Highland Twp easement Transfer 3. 2022-04-06 HighlandTwp WSS QCD 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 14, 2022, 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 Thursday, April 14, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Sources & Uses Dated 08/06/2020 1 Delivered 08/06/2020 Sources Of Funds Par Amount of Bonds $721,000.00 Transfers from Prior Issue Debt Service Funds 16.073.75 Total Sources $737,073.75 Uses Of Funds Bank Fee 2,000.00 Costs of Issuance _ 18,812.60 Deposit to Current Refunding Fund _ _ _ _ _ _ 715,869.00 Rounding Amount 392,15 Total Uses $737,073.75 JP Morgan 7-15 1 SINGLE PURPOSE 1 7/15/2020 1 2:43 PM CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Gross Debt Service Comparison Date Principal Coupon Interest New D/S Old D/S Savings 11/01/2020 - - - - 16,073.75 16,073,75 11/01/2021 66,000.00 1.500% 13,368.54 79,368.54 92,147.50 12,778,96 11/01/2022 67,000.00 1,500% 9,825,00 76,825.00 89,SOT50 12,682.50 11/01/2023 70,000.00 1.500% 8,820.00 78,820.00 91,867.50 13,047.50 11/01/2024 69,000.00 1.500% 7,770.00 76,770,00 89,00750 12,237.50 11/01/2625 68,000.06 1.500% 6,735.00 _ 74,735,00 86,147.50 11,412,50 11/01/2026 72,000.00 I.500% 5,715.00 77,715.00 88,287.50 10,572.50 11/01/2027 76,000,00 1.500% 4,635.00 80,635.00 89,962,50 9,32T50 11/01/2028 75,000M 1.500% 3,495,00 78,495.00 86,400,00 7,905,00 11/01/2029 79,000.00 1,500% 2,370.00 80,37400 87,837.50 7,467.50 11/01/2030 80,006.00 1,500%" 1,200,00 _ 81,200,00 89,037.50 7,837.50 Total $721,000.00 - $63,933.54 S784,933.54 $906,276.25 $121,342.71 PV Analysis Summary (Gross to Gross) Gross PV Debt Service Savings 111,537.12 Transfers from Prior Issue Debt Service Fund _ _ _ _ (16_,073.75) Contingency or Rounding Amount _ _ - , _ 392.15 Net Present Value Bcncfit _ $95,955.52 Net PV Benefit / $700,000 Refunded Principal 13 694% Net PV Benefit/ $721,000 Refundin$PlinciPzl 13.295% Refunding Bond Information Refunding Dated Date 8/06/2020 Refunding Delivery Date 8/06/2020 JP Morgan 7-15 1 SINGLE PURPOSE 17/15/2020 1 2.43 PM CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Debt Service Schedule Date Principal t 1/01/2020 - 11/01/2021 66,000,00 11/01/2022 67,000.00 II/1/2023 70,000.00 _ _11/01/2024 69,000.00 11/01/2025 _ 68,000.00 11/01/2026 72,000.00 11/01/2027 76,000,00 11/01/2029 75,000.00 11/01/2029 _ 781000A0 11/01/2030 80,000.00 Total $721,000.00 Yield Statistics Bond Year Dollars _Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) IRS Form 8038 Net Interest Cost Weighted Average Maturity JP M.u.o 7-151 SING LE PURPOSE 17/15/20201243 PM Coupon Interest 1.500% 13,368.54 1.500% 9,825.00 1.50096 8,820.00 1,500% _ _ 7,770.00 1,500% 6,735.00 1,500% 5,715.00 1.50096 4,635.00 1.500% 3,495.00 1,500% 2,370.00 1.500°0 1,200.00 $63,933.54 Total Debt Sery 79,368,54 76,825.00 78,820.00 _ 76,770.00 74,735.00 77,715.00 80,635,00 78,495,00 80,370.00 81,200.00 $784,933.54 _ $4,262,24 _ 5.912 Years I.5000000 % 1,5469237% 1.5494445% 1,4996539% 2,0271788% 1,5000000% 5,912 Years CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN WELL WATER SUPPLY SYSTEM BONDS, SERIES 2010 Debt Service To Maturity And To Call Refunded Refunded Refunded Date Bonds Interest D/S To Call Principal Coupon Interest D/S 11/01/2020 700,000.00 16,073.75 716,073.75 - 4,250% 16,073.75 16,073.75 11/01/2021 - - - 60,000.00 4.400'% 32,14750 92,147.50 11/01/2022 - - - 60,00000 4.400% 29,507.50 89,507.50 11/01/2023 - - - 65,000.00 4.400% 26,867.50 91,867.50 11/01/2024 - - 65,000.00 4.400% 24,007.50 89,007.50 11/01/2025 - _ - 65,000.00 4.400% 21,147.50 86,147.50 11/01/2026 - - - 70,000.00 4,750% 18,297.50 88287.50 11/01/2027 - - - 75,000,00 4,750% 14,962.50 89,962.50 11/01/2028 - - - 75,000.00 4,750% 11,400.00 86,400.00 11/01/2029 - - 80,000.00 4.750% 7,837.50 87,837.50 11/01/2030 - - - 85,000.00 4,750% 4,03T50 89,037.50 Total $700,000.00 $16,073.75 $716,073.75 $700,000.00 - $206,276.25 $906,276.25 Yield Statistics Base date for Avg. We & Avg. Coupon Calculation _ _ 8/06/2020_ Averae Life b , , _ - , 6.058 Years Average Coupon _ _ _ _ 4.6646208% Weighted Average Maturity (Par Basis) _ _ _ _ _6.058 Years Weighted Average Maturity (Original Price Basis) 6.058 Years Refunding Bond Information Refunding Dated Date _ _ _ ___8/06/2020 ding D Refunelivery Date 8/06/2020 2010 GO WATER I SINGLE PURPOSE 17/15/2020 12 43 PM CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Current Refunding Escrow Date Principal 08/06/2020 - II/Ol/2020 715,868.00 Total $715,868.00 Investment Parameters Investment Model [PV, GIG or Securities] Default investment yield target Rate Interest 0.120% 204.75 - $204.75 Cash Deposit Cost of investments Purchased with Bond Proceeds Total Cost of investments Tai got Cost of Investments at bond yield Actual positive or (negative) arbitrage Yield to Receipt Yield for Arbitrage Purposes State and Local Government Series (SLGS) rates for JP Morgan 7-15 1 SINGLE PURPOSE 17I15I2020 [ 2,43 PM Receipts I.00 716,072.75 $716,073.75 Cash Disbursements Balance - 1.00 716,073.75 - $716,073.75 - Securities Bond Yield 1.00 715,868.00 $715,869.00 $713,55115 (2,316,95) 0.1211557% 1.4996539% 7/15/2020 CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Pricing Summary Type of Maturity Maturity Bond Coupon Yield Value Price Dollar Price 11/01/2021 Serial Coupon 1,500% 1.500% 66,000.00 100,000% 66,000.00 11/01/2022 Serial Coupon 1,500% 1.500% 67,000.00 100,000% 67,000.00 11/01/2023 Serial Coupon 1.500% 1.500% 70,000.00 100.000% 70,000.00 11/01/2024 Serial Coupon 1.500% 1.500% 69,000.00 100.000% 69,000.00 11/01/2025 Serial Coupon 1.500% 1.500% _ 68,000.00 _ 100,000% 68,000.00 11/Ol/2026 Serial Coupon 1.500% L500% 72,000.00 100,000% 72,000.00 11/01/2027 Serial Coupon 1.500% 1.500% 76,000.00 100,000% 76,000.00 11/01/2028 Serial Coupon 1.500% 1.500% 75,000.00 100,000% 75,000.00 11/01/2029 Serial Coupon L500% 1,500% 78,000.00 100.000% 78,000.00 11/01/2030 Serial Coupon 1,500% 1,500% 80,000.00 100.000% 80,000.00 Total - - - $721,000.00 - $721,000.00 Bid Information Par Amount of Bonds Gross Production Total Underwriter's Discount J0.277% Bid (99,723"/) Total Purchase Price Bond Year Dollars Average Life Average Coupon Net Uucrest Cost (NIC) True interest Cost (TIC) JP Morgan 7.15 1 SINGLE PURPOSE 17/1512020 1 2.43 PM $721,000.00 $721,000.00 719,000,00 $719,000.00 $4,262,24 _ 5.912 Years 1.5000000 % 1:5469237% 1.5494445% CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN WELL WATER SUPPLY SYSTEM BONDS, SERIES 2010 Total Refunded Debt Service Date Principal Coupon Interest Total P+I 11/01/2020 - - 16,073.75 16,073.75 11/01/2021 60,000.00 4,400% 32,147.50 92,147.50 11/01/2022 60,000.00 4,400% 29,507.50 89,507.50 11/01/2023 65,000.00 4,400% 26,867,50 91,867.50 11/01/2024 65,000.00 4.400% 24,007+50 89,007.50 _ t 1/01/2025 65,000,00 4.400% 21,147,50 86,147.50 11/01/2026 70,000.00 4.750% 18,287.50 88,287.50 11/01/2027 75,000.00 4.750% 14,962.50 89,962.50 11/01/2028 75,000.00 4.750% 11,400.00 96,400.00 11/01/2029 80,00turt 4,750% 7,837.50 97,937.50 _ 11/01/2030 85,000,00 4.750% 4,037.50 89,037.50 Total $700,000.00 - $206,276,25 $906,276.25 Yield Statistics Base date for Avg. Life & Avg. Coupon Calculation 8/06/2020 Average Life 6.058 Years Average Coupon 4.6646208% Weighted Average Maturity (Par Basis) 6,058 Years Weighted Average Maturity (Original Price Basis) _ _ 6,058 Years Refunding Bond Information Refunding Dated Date 8/06/2020 Refunding Delivery Date 9/06/2020 2010GOWATER I SINGLEPURPOSE 17/15I2020 1243PM CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 PROOF OF GROSS D/S SAVINGS @ 2.0271788% NEW OLD Date GROSS D/S GROSS D/S 08/06/2020 - - 11/01/2020 - 16,073.75 05/01/2021 7,961,04 16,073.75 11/01/2021 71,407.50 76,073.75 05/01/2022 4,912.50 14,753.75 11/01/2022 71,912.50 74,753.75 05/01/2023 4,410,00 13,433.75 11/01/2023 74,410.00 78,433.75 05/01/2024 3,885.00 12,003.75 11/01/2024 72,885.00 77,003.75 05/01/2025 3,367.50 10,573.75 11/01/2025 71,367 50 75,573.75 05/01/2026 2,857.50 9,143.75 11/01/2026 74,857.50 79,143.75 05/01/2027 2,317.50 7,481,25 11/01/2027 78,317.50 82,48125 05/01/2028 1,747.50 5,700.00 11/01/2029 76,747.50 90,700.00 05/01/2029 1,185.00 3,918.75 11/01/2029 79,185,00 83,918.75 05/01/2030 600.00 2,018.75 11/01/2030 80,600,00 87,018.75 Total $784,933.54 $906,276.25 JP Morgan 7-15 1 SINGLE PURPOSE 17/1512020 1 2 43 PM Present SAVINGS PV Factor Value - 1.0000000x - 16,073.75 0.9952490x 15,997,38 8,112.71 0.9852625x 7,993.15 4,666.25 0.9753762x 4,551.35 9,841.25 0.965589lx _ 9,502.60 2,841,25 0,9559002x 2,715.95 9,023.75 0.9463085x 8,539.25 023.75 0.9368131x 3.769.50 8,118.75 0.9274129x 7,529.43 4,118.75 0.918107lx 3,781.45 7,206.25 0.9088946x 6,549.72 4,206.25 0,8997746x 3,794.68 6,286.25 0.890746lx 5,599.45 4,286.25 0.8818082x 3,779.65 5, 163.75 0.8729599x 4,507.75 4,163.75 0.8642005x 3,598.31 3,952.50 0.8555289x 3,381,48 3,952.50 0.8469444x 3,347.55 2,733.75 0.8384460x 2,292.10 4,733.75 0,8300329x _ 3,929.17 1,418.75 0.8217042x 1,165.79 6,418.75 0,8134590x 5,221.39 $121,342.71 - $111,537.12 CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Summary Of Bonds Refunded of Maturity Issue Maturity Type Bond Coupon Value Call Date Call Price Dated 5/01/2019 1 Delivered 5/01/2019 2010 GO WATER 11/01/2021 2010 GO WATER I1/01/2022 2010 GO WATER 11/01/2023 2010 GO WATER 11/01/2024 2010 GO WATER 11/01/2025 2010 GO WATER 11/01/2026 2010 00 WATER 11/01/2027 2010 GO WATER 11/01/2028 2010 00 WATER 11/01/2029 2010 GO WATER 11/01/2030 Subtotal - Total Serial Coupon 4.400°/8 60,000 11/01/2020 100.000% Seral Coupon 4A00% 60,000 11/01/2020 100.000% Serial Coupon 4,400% 65,000 11/01/2020 100.000% Serial Coupon 4.400% 65,000 11/01/2020 100,000% Serial Coupon 4A00% 65,000 11/01/2020 100.000% Serial Coupon 4.7509'0 70,000 11/01/2020 lotWo0% Serial Coupon 4.750% 75,000 11/01/2020 100.000% Serial Coupon 4.750% 75,000 11/01/2020 100,000% Serial Coupon 4,750% 80,000 11/01/2020 100.000% Serial Coupon 4.750% 85,000 11/01/2020 100.000E - $700,000 - - - $700,000 - - JP Morgan 7-15 1 SINGLE PURPOSE 1711512020 [ 2:43 PM CHARTER TOWNSHIP OF HIGHLAND COUNTY OF OAKLAND, STATE OF MICHIGAN LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020 Refunding Summary Dated 08106120201 Delivered 08/06/2020 Sources Of Funds Par Amount of Bonds Transfers from Prior Issue Debt Service Funds Total Sources Uses Of Funds Total Underwriter's Discount_ (0.277°h Costs of Issuance Deposit to Correct Refunding Fund_ _ Rounding Amount Total Uses Flow of Funds Detail State and Local Government Series (SLGS) rates for Date ofOMP Candidates Current Refunding Escrow Solution Method Total Cost of Investments Interest Earnings (c.0 0 121% Total Draws Issues Refunded And Call Dates 2010 GG WATER PV Analysis Summary (Gross to Gross) Gross PV Debt Service Savings _ Transfers from Prior Issue Debt Service Fund Cimungencyor Rounding Amount _ Net Present Value Benefit Net PV Benefit / Refunded Principal Net PV Benefit / Refunding Principal Average Annual Cash Flow Savings Total New Net D/S Total Prior D/S Total Cashflow Savings Bond Statistics Average Life Average Coupon Net Interest Cost (NIC) Bond Yield for Arbitrage Purposes True Interest Cost (TIC) All Inclusive Cost (AIC) JP Morgan 7-15 1 SINGLE PURPOSE 1 7/1512020 1 2.43 PM $721,000.00 16,073 75 $737.073.75 2,000.00 18,812.60 715,869.00 342.15 $737,073.75 7/15/2020 Net Funded $715.869.00 204.75 $716,073.75 11/01/2020 111,537.12 (16,073,75) 392.15 $95,855.52 13.694% 13.295% 11,031.16 841,102.29 962,445.00 121,342.71 5,912 Years 1 5000000% 1.5469237% 1.4996539°io 1,5494445% 2.0271788% Form DC-001 OAKLAND COUNTY p WATER RESOURCES COMMISSIONER MEMORANDUM TO: Commissioner William Miller, Chairperson Economic Development and Infrastructure Committee FROM: John A. Basch, WRC Senior Attorney SUBJECT: Charter Township of Highland Water Supply System Transfer and Assignment of Certain County Interests in Easements and Rights of Way for the Water Supply System and Related Equipment, Facilities and Improvements Located within the Charter Township of Highland DATE: April 6, 2022 Before 2019, nearly all of Highland Township's water supply system assets were owned by Oakland County and operated by the Water Resources Commissioner. Beginning in January, 2019, the County and the Township began efforts to transfer ownership of those assets from the County to the Township. It was agreed that the Township should have dominion over its own water supply system so it could make decisions about the system that serves its residents. While most of the assets of the system were transferred in 2019, several easements remained with the County because they were encumbered with outstanding bond debt and therefore ineligible for transfer. Today, that impediment no longer exists. The bond which prevented the transfer in 2019 has been called by the Township and refunded (refinanced) on its own as evidenced by the attached refunding documents. There remains no outstanding debt obligation for Oakland County included in the current quit claim conveyance with respect to the finance, design or construction of any water supply system assets that would otherwise prohibit this transfer. Requested Action: Recommend adoption of the attached Resolution to the Board of Commissioners. Presenters: John Basch baschi ..oakaov.com 248-292-9413 Amy Ploof oloofaB-oakaov.com 248-452-2271 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05/08 QUIT 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 Highland, Oakland County, Michigan. The conveyance of the system and improvements is "as -is" and Grantors make no warranties as to the condition or fitness for a purpose, said warranties being expressly disclaimed. PROPERTY DESCRIPTIONS: SEE ATTACHMENT "A" Grantee agrees to and acknowledges it shall be responsible for all restrictions and conditions as set forth in the easements and right-of-way set forth in Attachment "A." This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) on the dates indicated below. COUNTY OF OAKLAND, a Michigan Constitutional Corporation 01 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 , 2022, 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 , 2022, before me a Notary Public, personally appeared Jim Nash, to me personally known, who being duly sworn did say that he is the Oakland County Water Resources Commissioner and the "County Agency" for the County of Oakland, a Michigan Constitutional Corporation, and that said Quit Claim Conveyance was signed and sealed by Jim Nash in his capacity as "County Agency." Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: This instrument drafted by: Jeffrey S. Parrott, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1907 N ATTACHMENT "A" QUIT CLAIM DEED OF EASEMENTS TO CHARTER TOWNSHIP OF HIGHLAND WATER SUPPLY SYSTEM Liber 42671 Page 481 (Easement) — I 1-14-326-002 Liber 42487 Page 405 (Easement)—11-10-302-002 Liber 42487 Page 399 (Easement)—11-14-400-003 Liber 42487 Page 393 (Easement)—11-14-400-004 M LIBER4 2 6 7 I M 8 I. 229911 LIBER 42671 PAGE 4E1 $37.00 MISC RECORDING $4.00 REMONUMENTATION 12/2312,310 10:26:l!45 A.M. RECEIPT: 100580 �) I� III��'III I�I'll I�Irll�l' PAID RECORDED OAKLAND COUNTY RUTH JOHNSONP CLERK/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 14, NEIAofS-W-1/4A i= q4—_7�60 Z T03N, R07E, Sectionl4, NWIAofSEl/4 Granting the right to construct within said varied width right of way as outlined on attached EXHIBIT A, pages 1 - 4. This document does not authorize construction of additional facilities after the original construction period. (f ' This easement 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 Exempton from State Transfer Tax is claimed under authority of Secion 6(h)(1), Act 255, PA 1994 (207.526, Michigan Compiled Laws). Exemption from County Real Property Transfer Fee is claimed under authority of Section 5(h)�i4 134, PA 1966 (207.505, Michigan Compiled Laws). O.K. - A.N. i.iaER4 2 6 71 �c4 8 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 stated elsewhere in this document, Grantee, its successors, or assigns, and its agents and employees may cut, trim, and remove all brush and trees within said easement area which threaten to interfere with or be hazardous to construction, operation, and maintenance. (6) 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 LIBER4 2 6 7 1 PG4 $ 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 than 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. If 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 death of Grantee, its officers, employees or agents, in reference tothe 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 toy State-owned property or public trust resources arising out of its operations. LI9ER4 2 6 71 Ps4 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 date 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. DEPART OF N FOR STATE OF 0 W AND ENVIRONMENT egg Real Estate Services Manager and Facilities STATE OF MICHIGAN COUNTY OF INGHAM 10 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. StevenKotary Public 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 LiBER4 2 6 71 A 8 6 Exhibit B Oakland County Water Resources Commission Drinking Water Line Easement Request, Highland Recreation Area Highland Township, Oakland County L-10174 • This easement approval is contingent on the applicant receiving all necessary permits and approvals prior to starting this project. No on -site 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 equipment 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 all 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. Fo[m-DC-175 EASEMENT SKETCWK4 0 7 1 EXHI�IT A EAST 114 Page 1 Of 4 SOUTH EAST SECTION 14 CORNER HIGHLAND TWP.1 Q SECTION 14 T,3 N., R.7 E. I O HIGHLAND TWR a. T.3 N., R.7 E. QII Z WATERBURY ROAD =I =1 1 g I SCALE: 1" = 500' I 1 I PERM "B" & TEMP "B" SEE SHEET 30F3 i 1 0 1 tg .85' o 11-14-400-004 11-14-400-003 282.65' �_ SOUTH 114 -----------'--- ----- SECTION 14 CENTER HIGHLAND TWP, SECTION /4 1 11-14-326-002 1 T.3 N., R. 7 E. HIGHLANDTWP. i 1 T.3 N., R. 7 E. Q 1 Q 3 I I L 11-14-302-002 g 1f-14-302401 PERM "A" & TEMP "A" SEE SHEET 2OF3 y9\ WEST 114 I SECTION 14 HIGHLAND T WP. T.3 N., R.7 E. NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD, PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION PERMANENT EASEMENT EASEMENT PARCEL NO. 3R DWG TEMPORARY EASEMENT ® SIDWELL NO. 11-14-326-002 SOUTH WEST CORNER SECTION 14 HIGHLAND TWP. T,3 N., R. 7 E. 08/03/2010 l 1 OF 3 Pert of the SW 1/4 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. MCCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.:08/01/01 I, Fonn-DC-175 EASEMENT SKETCH t 11-14-400-003 CENTER SECTION 14 1 HIGHLAND TWP.1 T,3 N., R. 7 E, I 5 LIBEB4 2 6 7 I Pc4 8 8 EXHIBIT A Pa 2 of 4 NOTE: NO FIELD�/JORK PERFORMED DESCRIPTION TAKEN FROM RECORD. SCALE: 1" = 150' 11-14-326-002 0.00' Wide Temporary Easement "A" 0.00' Wide Permanent Easement "A" 247.50' 11-14-302-002 u� PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010 PERMANENT EASEMENT EASEMENT PARCEL NO. 3R DWG. 2 OF 3 TEMPORARY EASEMENT ® SIDWELL NO. 11-14-326-002 Part of the SW 1/4 and the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan "' P. MSG�ILL(R'1 OAKLAND COUNTY WATER SOURCES COMMISSIONER Page I f I Rev.:08/01/01 i 4. 1 IAFAI, i A 7 1 PC I, A 0 Eo m-Dca�s EASEMENT SKETCH iFXWIT A' i Page 3 of 4 NOTE: NO FIELDWORK PERFORMED j 45.00' DESCRIPTION TAKEN FROM RECORD. I 15.00' / / / �i 3 P, SCALE: V = 60' PERMANENT EASEMENT I .�� 11.14-326-002 /I TEMPORARY EASEMENT "B„ i 33.00' I 282.85' I �10. 15.00' -- 10,00' 11-14-400-004 PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 08/03/2010 PERMANENT EASEMENT EASEMENT PARCEL NO, 311 DWG. 3 OF 3 TEMPORARY EASEMENT ® SIDWELL NO. 11-14-326-002 Part of the SW 1/4 and the SE I/4 of Sec, 14 Highland Township, Oakland County, Michigan JOHN P. MCCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Pagc 1 of 1 Rev:08/01/01 LIBER4 2 67 1 PG4 9 0 EXHIBIT A 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 %, Section 14, UN., R.M., Highland Township, Oakland County, Michigan, being more particularly described as: that part of the Southwest '/< except that part lying Westerly of Easterly line of Harvey Lake Rd., also except that part of North 247.50 It, of East 561 ft. of West % of Southwest '/n lying easterly line of Harvey Lake Rd., also Southeast'/< except North 292.85 ft. of West 462 ft., also except that part in M-59 Hwy., also except that part of Southeast '/< lying. Southeasterly of line described as beginning at point distant N. 01043'27"W., 1.92 ft, and N. 22°30'04"W., 200 ft. from Southeast section comer, (SO part of beg is on centerline of Waterbury Rd); thence S. 48009-59"W, 258 ft. to the point of ending 300.45 A, Sldwellft 11-14-326-002 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 construction of the system: TEMPORARY EASEMENT "A" DESCRIBED AS FOLLOWS: The South 10.0 ft. of the North 53,0 ft. of the Southwest %, Section 14 of the abovedescribed parcel, i0-f TEMPORARY EASEMENT "B" DESCRIBED AS FOLLOWS: Beginning at a point located due East along the East-West''/< line of the Southeast '/4, Section 14, 462.0 ft. and S. 0°01'00"E., 43,0 ft. from the center of said Section 14; thence from said point of beginning due East parallel to the East-West /< he, 83.0 ft.; thence S. 81°52'11"E., 141.42 ft.; tbence due East, 312.0 ft.; thence due North 30.0 ft. to a point on the Northerly ROW line of E. Wardlow, Rd.; thence due East, 15.0 ft. along said ROW line; thence due South, 45.0 ft.; thence due West, 327.0 ft,; thence N. 81152'11"W., 141.42 ft.; thence due West, 83.0 ft.; thence N. 0001'00"W„ 15.0 ft. to the point of beginning. 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee 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 '/<, Section 14, of the above -described parcel. /�' f �L L, 2Z�, PERMANENT EASEMENT "B" DESCRIBED AS FOLLOWS: Beginning at a point on the Northerly ROW line of E. Wardlow Rd., located due East along the East -Wes 1/4 line of the Southeast '/<, Section 14, 462.0 ft, and S. 0001100"E., 33.6 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 ft.; thence due West parallel to the ROW line, 312.0 ft.; thence N. 81'52'11"W., 141.42 ft.; tlience due West, 83,o ft.; ence N. 0°0l'00"W., 10.0 ft. to the point of beginning. nillocT 22 erg vr.'A wlot I1r uefR42487 FG405 189898 LIBER 42487 PAGE 40S t25.00 MISC RECORDING $4.00 REMONUMENTATION 0/22/2010 1 11!12117 A.M. RECEIPT- 81868 IN III 111111111111 PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS 7954639 LIBER PAGE $40 TRANSFER TX COMBINED $.00 10/22 2010 11R12%1TY 8 p IttED RECEIPT' a1868 EASEMENT 111111111 IN III 111111111111 PAID RECORDED - OAKLAND COUNTY Parcel No. RUYI JOHNBON, CLERK/REGISTER OF DEEDS HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that LYNN M. IRELAND and KAREN J. IRE'LAND, his wife, GRANTOR, whose address is 1350 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of ($ 3as 7 ) receipt of which is hereby acknowledged, paid to them by the County of Oakland, a Michigan Constitutional Corporation, by and through the Oakland County Water Resources Commissioner, in his capacity as "County Agency" whose address is the Office of the Oakland County Water Resources Commissioner ("WRC"), One Public Works Drive, Waterford, Michigan 48328-1907, GRANTEE 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. The -GRANTOR is 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 %2 of the Southwest '/4 of Section 14, T.3N., R.7E., Highland Township, ' Oakland County. — Commonly described as: 1350 E. Wardlow, Highland, MI 48356- L1uYc 2212 Sidwell 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. FiEE ATTACHMENT "A° ®X _ A dU -1- CH10 IG AA"13S6.27T51A OAKIAD TRA M * 6TE1 7F Lin&248l FC406 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 construction of the system: The South 15.0 ft. of the North 53.0 ft. of e above -described parcel. 2, Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: �'• The South 5.0 ft. of the North 38.0 ft. of the above -described parcel. 3. Purm se 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 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. Bola um42481 P9401 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. 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 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 mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3- obER4 2 4 8 7 F04 0 8 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 extinguistunent of the easement rights granted herein or constitute a waiver of such term or condition. IN WITNESS WHEREOF, the GRANTOR have hereunto affixed their n signatures this d q� day of )4 NI`4�11f a—1 , A.D., 2010. WIE14tsJ- S� /e C�rML(_ NEW (E-8)- ReVIS04 on 07Rl/2010 �.71 (L.S.) L//YJlNN M. IREeAND bCirn o�J aO t AQ (L.S.) °I RENJ &ELAND Klmb ))e OrowN'e f9es\D�1EASEMENTINEW(E-8)'10,SAV (7/21/2010) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this 2"day of 1 �Yr4tr{4i1--, 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. t� 6M4N S CR.yfa/J4ll Notary( public " �nl�l4 d M county, M My Commission Expires: nNr'2014 WWN 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 Waterford, Michigan 48328-1908 A -Acknowledgement —Revised 10/31/01 PED/Imib K�mbvty8mwn's 01n\D:\4QGH.ANDTOWNSFfO'(LONN)'IO.FIA\IPEUND'IO.P2 (7/0112010) -4- ) opmiliffY erf w as FQXU a4F9N r�cru)o w Ng(eowtn•oFonaa+o norm-DC-175 EASEMENT SKETCH LIBER4 2 4 S 1 K4 0 9 ,1 rt NOTE•. NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD. r SCALE: 1 " = 50' — 33.00' EAST I WEST SECTION LINE WARDLOW ROAD 5.09 Wide Permanent Easement — 15.00' Wide Permanent Easement — 0 an LP 11-14-302-002 N v N 300,00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/27/2010 PERMANENT EASEMENT EASEMENT PARCEL NO. 2 DWG. 1 OF 1 TEMPORARY EASEMENT SIDWELL NO, 11-14-302-002 Part of the West 1 /2 of the SW 1 /4 of Sec. 14 Highland Township, Oakland County, Michigan JOHN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page I of I Rcv.:08/01/01 uu% 2 4 81 Pc410 ATTACHMENT "A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 2 Lynn M. Ireland SIDWELLNO. 11-14.302-002 Karen J. Ireland 1350 E. Wardluw Rd. Highland, MI 48356 1. If any of the trees being B' 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 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. (Eranude !or Information mnvoses on6e 24" Oak tree reproved would receive three (3) trees 2"- 2112" dianieternursery stock Deciduous trees.) 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 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 8 ft. 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 ft. in height of shrub that is removed from the temporary construction easement area. 1 r IS Ab u/9 -rU4-r A Sm,,4cr ow4wv 41 ty I S w+46V) OLK 'lc) Oo-.j i oc-nerl r lk 94MS SIX(( 9� 24 4 i /W0 A N/� 0 (L 6Y -;q4 co r/ w I-rN U 1C4 PROPERTYOWNER(S) INITIAL DATE: 4ti y l9 n BSC/kmb Kimberly BrowK,fllee\bi\hl,hlendiwpwatorinterconnectienec\IRELANO'f0,P1 (8/I8/2010)(9-20.2010) 28tU0CT 22 APil6� 14 d ueEe42487 PG399 1g9897 L2ER 42487 PAGE 399 t45.01) NISCISC RELOADING $4.00 RENONUNEIIiATION 10/22/2010 11/112106 A.N. RECEIPT: 01868 11 I1 IIII1 IN III111 I1101111 PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS 7754682 L18ER PAGE "00 TRANSFER TA COMBINED l.00 $4.30 TRANSFER TX 10/22/20XU 11:12111OA.M. RECEIPTt 81869 EASEMENT 11 i t II II I fill III 111111111111 PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS Parcel No. 4 HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that BARBARA JEAN OATES, a single woman, GRANTOR, whose address is 1716 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of W ($�j �, )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 terms and conditions set forth herein: N RECITALS:A,The GRANTOR is the owner of certain real property described as follows (the "Premises"): Part of the Southeast !14 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 Y line, 308.00 ft.; thence S. 00'01'E, 282.85 ft.; thence due West 308.00 ft, to the North and South '/a line of said Section; thence N. 00'01' W, along said line, 282.85 ft. to the point of beginning. OX _ AX Sidwell 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. MICMIG F - REAL ESTATE TRANSF Tq* OAKLAND i,55 CO 10/22/2010 13.15 ST* SI068 621647 .1- uBEe42487 PS400 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 construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above -described parcel. I �,IiL 1 Lrm' 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: 0-• I (— / q ` �— WJ The South 5.0 ft. of the North 38.0 ft. of the above -described parcel. 3. PurDOSe 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 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- JBER4 2 4 8 7 r04 01 e. It is understood that the easement, rights, and privileges granted herein are nonexclusive, and GRANTOR reserves and retains the right to convey simflar 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 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. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k, If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted bylaw. 592 AEa42481 Pc402 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 GRANTOR have hereunto affixed her signature this 9 (D-fu day of A D� (J�-r , A.D., 2010. ESS. C NEW (E. B)— Revised an 07/21/2010 BAR�Arf0ATES Khbs,Iy Browns fills\D:\EASEMENT\NEW(E-B)YO.SAV (7/21/2010) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) /n)//-0 On this Q( (,-�-day of A.D., 2010 before me, 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 free act and deed. Notary Public gM1IA� 5' �^� t P bQ tU county, M r U 164 n� My Colmnission Expires: u &K 20l g 041C(A ,,)O Mu4y 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 Waterford, Michigan 48328-1908 A -Acknowledgement —Revised 10/31/01 PED/kmb Kim"Rw M's riles\nA\ GKANDTOWMS (C0NNy10 RDWAWS IDP< (712212010) -4- &i1A11& WA4VLL NOT RYK"STATEOM ACTM IN 0XINiY OF pNaAt✓D� S 8Dt4 Fom-DC475 EASEMENT SKETCH LaF4 2 4 8 7 PC4 0 3 NOTE: NO FIELD WORK PERFORMED N DESCRIPTION TAKEN FROM RECORD, SCALE: 1 " = 50' CENTER SECTION 14 HIGHLAND TWP. 33.00' — T.3 N., R. 7 E. WARDLOW ROAD EAST&WEST i/4LINE 37o8.00' 5.00' Wide Permanent Easement 15.00' Wide Temporary Easement — tnI 00 NI 11-14-400-003 I I 308.00' i I ICq 1 00 N 1 PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/28/2010 PERMANENT EASEMENT RM EASEMENT PARCEL NO. 4 DWG. 1 OF I TEMPORARY EASEMENT ® SIDWELL NO, 11-14-400-003 Part of the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan 70HN P. McCULLOCH OAKLAND COUNTY WATER RESOURCES COMMISSIONER page 1 of I Rev.:08/01/01 w' usA2481 FG404 ATTACHMENT"A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 4 Barbara Jean Oates SIDWELL NO. 11-14-400-003 1716 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 `h" 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. (Examnle for information nurno.ces mlw 24" Oak tree removed would receive three (3) trees 1 "- 2112 " diameter nursery stock Deciduous trees.) 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 construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" — 2 %z" 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 stock 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 shalt be replaced with like materials, and nursery stock %z' gallon perennials for every I square foot area of perennials damaged, to be planted 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. PROPERTY O (S INITIAL(S)t DATE: Y- BSC/kinb Kimberly Brown's Ellas\b\highlandtwpwaterinterc.nne,ilonec\JeAN'IO.P4 (9d7-2010) (9-21.2010) (9-22-20210) noV 22 n� l� N'A 10., 14 ueER4,2 4 8 i >'c3 9 3 L[PER �42876 PAGE 393 ~ $25-00 NISC RECORDING $4.00 RENONUNENTATION ■■ �I/Ilt010 ll I'2II0 0 A.M. RECEIPT, 81968 I PAID RECORDED - OAKLAND COUNTY RUTH JOHNSON, CLERK/REGISTER OF DEEDS 7954687 LIBER PAGE $.OD TRANSFER T% CMINED $M $4.30 TRANSFER T% COHBINED 10/22/2010 11:12102 A.H. RECEIPT, 81868 EASEMENT p (1 N111111111p 11If Ililli III PAID RECORDED - OAKLAND COUNTY Parcel No. Roy JOHNSON, CLERK/REGISTER OF DEEDS HIGHLAND TWP. WATER SYSTEM INTERCONNECTION KNOW ALL MEN BY THESE PRESENTS, that BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST dated April 13, 2005, GRANTOR, whose address is 1754 E. WARDLOW RD., HIGHLAND, MICHIGAN 48356, for and in consideration of the sum of ($a�O, 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 49328-1907, 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 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 '/a of Section 14, T.3N,, R.7E., llighland 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. 00°Ol'00"W., 282.85 ft, to the point of beginning. Sidwell Na. 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. -- — "A SEE ATTAC HMENT MISTATE CHIGV REAL ESTATE * O.K. °�° OAKLANDTAANSFE TI (10/22/2010$3.75 ST* — 81368 621fi96 LIBER4 2 4 8 7 N3 9 4 V. 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 construction of the system: The South 15.0 ft. of the North 53.0 ft. of the above -described parcel. 2. Grant of a Permanent Easement. Grantor hereby grants to Grantee a perpetual easement described as follows: The South 5.0 ft. of the North 38.0 ft. of the above -described parcel. 3. Purnose 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. A. General Conditions. a. GRANTOR agrees not to build or convey to others permission to build any permanent structures on the above -described permanent easement. Permanent structures, include but are not limited to, fixtures, structures with footings, culverts, dams, bridges and structures of a similar nature. b. Except as otherwise agreed in writing between the GRANTOR and GRANTEE, GRANTEE will preserve and protect all trees and shrubbery within the temporary easement during the initial construction of the system and may remove all trees and shrubbery within the permanent easement and shall not be required to replace trees and shrubbery that are removed. c. Except as otherwise provided herein, if the Premises shall be disturbed by reason of the exercise of any of the foregoing powers, then the Premises shall be restored to substantially the condition that existed prior to entering upon said Premises by the GRANTEE, its contractors, agents or assigns. d. GRANTOR retains, reserves, and shall continue to enjoy the use of the permanent easement for any and all purposes which do not interfere with, obstruct the use of or prevent the use by GRANTEE. Any unauthorized use or obstruction may be removed by GRANTEE. M uaEa42481,, n395 C. 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 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 must be signed by the party to be charged. i. This Easement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Easement is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. j. It is further understood and agreed between the Parties that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between GRANTOR and GRANTEE in any way related to the subject matter hereof, except as expressly stated herein. k. If any provision of this Easement or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. -3- AR42487 PG396 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 GRANTOR have hereunto affixed her signature this 1� a1 g id day of A.D., 2010. WITNESSES: acA4 BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST, dated April 13, 2005 1..ISA G• L�KICK N"a2T NEW (G 8)—Revised m, 07/21/2010 � (L.S.) BARBARA4 ARIDLOW,TRUSTEE fL.S.) KMbmly EeownL fllee\b:\EASEMENT\NEW(E-BYIO.SAV (7/21/2010) ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this .?,3 day of i A.D., 2010 before me, a Notary Public in and for said Coun , appeared BARBARA J. WARDLOW, AS TRUSTEE OF THE BARBARA J. WARDLOW REVOCABLE LIVING TRUST, dated April 13, 2005, to me personally known to be the same person described in and who executed the foregoing instrument and acknowledged the same to be her free act and deed. Not ublic y Fubl �1 LEJM' Y NOUry publl<, SI➢le al MkhlpM Coun County of OiklAnd �' / t • My Commiulo o'E xs,1 ' is , 011 My Commission Expires: In the Canty �I This instrument drafted by: MAN& CPANM N01'AHYFI=$f1a80Fd Paul E. Dove, Right of Way Supervisor, Office of the myM ar imAssm Oakland County Water Resources Commissioner ==lN'Wan"eFQV(l W One Public Works Drive Building 95 West Waterford, Michigan 48328-1908 A- Acknowledgement —Revised 10/31/01 PED/kmb Kimb yBrown'efllo\b; Ht6 M1NOTOWN W(CCMYIORo\WAAOWWIOP5 (//22/5010) -4- Fwm-DC-175 EASEMENA T(TI! ' 't1> A 2 4 81 P03 91 1 NOTE: NO FIELD WORK PERFORMED N DESCRIPTION TAKEN FROM RECORD. SCALE: I" = 50' WARDLOW ROAD 33.00' EAST & WEST 114 LINE 308 00 - - —-154.00' — CENTER 1 1 SECTION 14 HT.3 NA ND R. E Pi:!!//��///////�//f�///,; 5.00' — 15.00' WIDE WIDE PERMANENT TEMPORARY 1 EASEMENT i EASEMENT I� n co �1 NI N IW 1 1 11-14-400-004 154.00' PROJECT: HIGHLAND TOWNSHIP WATER SYSTEM INTERCONNECTION 07/28/2010 PERMANENT EASEMENT EASEMENT PARCEL NO, 5 DWG. I OF 1 TEMPORARY EASEMENT ® SIDWELL NO. 11-14-400-004 Part of the SE 1/4 of Sec. 14 Highland Township, Oakland County, Michigan -- _ JOHN P. MCCULLOCH 1 OAKLAND COUNTY WATER RESOURCES COMMISSIONER ReV,:08)0V01 Page 1 of I ua¢a4 2 4 8 7 rc3 9 8 ATTACHMENT"A" HIGHLAND TOWNSHIP WATER SUPPLY SYSTEM INTERCONNECTION PARCEL NO. 5 Barbara J. Wardlow SIDWELL NO. 11-14-400-004 Revocable Living Trust 1754 E. Wardlow Highland, MI 48356 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 'h" 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. (Example for information ournosex nnly: 24"Oak tree removed would receive three (3) trees 2'- 2112 " diameter nursery stock Deciduous trees.) 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 construction or should die within one year of construction, as a result of construction, the property owner shall receive one (1) 2" - 2'h" 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 stock 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. JA) - �, ANC! (Awt) Afv4 ovQ A&O Ouf To (SS 1 ('w)tiq 4, /) mae-'Wp 6V -rw Couk-'l ., q. At.�Y Qoa--(t64,1 0(-rkf C,01'jc24Tf OruKay 004 -ro ce)JJMWZ/tW cC 6 �Krl ml) ApN�o/cn R4/XiJr w O y -(NS CoviY --rb 1,jVa4 ST" f'XOA1VE(0J INI PROPER7YNO ER(S' '"ACi A�7 tb PgQ�C/)n)6 (N1CKNSCf DATIAL(S): DATE: q- BSC/kmb Klmbert Browns fllu\D:\highlandtwpwoterintersonnectlon,ec\WARDLOWMU5T10,P5(9.17-201D)(9-21-2010)