HomeMy WebLinkAboutResolutions - 2023.06.15 - 38320
AGENDA ITEM: AT&T Easement at Rotary Park (Davisburg)
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, June 15, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3051 _ 23-107
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Easement/Assessment Gary McGillivray
INTRODUCTION AND BACKGROUND
As part of the Mill Pond Dam Removal and Restoration project in Springfield Township, AT&T needs
to relocate some of its underground lines within Rotary Park. Moving the lines further into Rotary
Park will ensure that the lines are not damaged during the construction project or in the future. The
new lines need to be installed before construction begins on the Mill Pond Dam Removal and
Restoration project, and needs to begin work by the end of June in order for Parks and Recreation
to maintain its construction schedule for this project.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Melissa Prowse, Manager - Parks & Recreation Planning & Development
ITEM REVIEW TRACKING
Gary McGillivray, Board of Commissioners Created/Initiated - 6/15/2023
David Woodward, Board of Commissioners Approved - 6/15/2023
Hilarie Chambers, Executive's Office Approved - 6/20/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 6/27/2023
AGENDA DEADLINE: 06/15/2023 6:00 PM
ATTACHMENTS
1. ATT Easement - Davisburg Rd-06-05-23
COMMITTEE TRACKING
2023-06-06 Legislative Affairs & Government Operations - Recommend to Board
2023-06-15 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan
Johnson (17)
No: None (0)
Abstain: None (0)
Absent: Ajay Raman, Gary McGillivray (2)
Passed
June 15, 2023
RESOLUTION #2023-3051 _ 23-107
Sponsored By: Gary McGillivray
Parks & Recreation - AT&T Easement at Rotary Park (Davisburg)
Chair and Members of the Board:
WHEREAS AT&T is working with Oakland County Parks and Recreation Commission (“OCPRC”)
regarding an easement on Rotary Park land to move existing communication lines away from the Mill
Pond Dam and further north into the park; and
WHEREAS OCPRC accommodates reasonable easement requests to utility companies when the
service benefits Oakland County residents; and
WHEREAS being located underground in Rotary Park, the proposed easement is not expected to
have any negative impact to the value of the land or residents use and enjoyment of Rotary Park; and
WHEREAS OCPRC and the Departments of Facilities Management and Corporation Counsel have
reviewed the attached Easement; and
WHEREAS OCPRC recommends that the Board of Commissioners approve and execute the
attached Easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Easement.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chair or their designee to execute the attached Easement and all other related documents which may
be required between the County and AT&T.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Gary McGillivray.
Date: June 15, 2023
David Woodward, Commissioner
Date: June 20, 2023
Hilarie Chambers, Deputy County Executive II
Date: June 27, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-06-06 Legislative Affairs & Government Operations - Recommend to Board
2023-06-15 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Angela Powell to adopt the
attached Easement/Assessment: AT&T Easement at Rotary Park (Davisburg).
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan
Johnson (17)
No: None (0)
Abstain: None (0)
Absent: Ajay Raman, Gary McGillivray (2)
Passed
ATTACHMENTS
1. ATT Easement - Davisburg Rd-06-05-23
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 June
15, 2023, 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, June 15, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
AT&T EASEMENT
For one dollar and other valuable consideration, the receipt of which is hereby acknowledged, COUNTY
OF OAKLAND, a Michigan Constitutional Corporation whose address is 1200 North Telegraph Road,
Pontiac, Michigan 48341 (“Grantor”) hereby warrants, grants, and conveys to Michigan Bell Telephone
Company, a Michigan Corporation, d/b/a AT&T Michigan, whose address is 444 Michigan Avenue,
Detroit, Michigan, 48226 and its affiliates and licensees, successors and assigns (collectively “Grantee”) an
easement in, under, over, upon and across the Easement Area, for the purposes of and in order to construct,
reconstruct, modify, supplement, maintain, operate and/or remove facilities for the transmission of signals used
in the provision of communication, video and/or information services and/or any other services or uses for which
such facilities may be used including, but not limited to, enclosures and support posts or pads, cables, wires,
conduits, ducts, pedestals or other above-ground or below-ground cable or wire enclosures, handholes, marker
posts and signs, and other related or useful equipment, fixtures, appurtenances and facilities, which may from
time to time be required, together with the right of ingress and egress across the Property and the Easement Area
for the purpose of access to and use of the easement granted herein. Said property located in Section 17, T04N,
R08E, Springfield Township, Oakland County, Michigan, and more fully described as follows:
The Property is legally described as: Part of NW ¼ of Section 17 being an excepted parcel of John C Davis
Addition beginning at SE Corner of Lot 3, Block 1 of Said Addition, thence along Broadway St to Grand
Trunk Railroad, thence Northwesterly along said RR to NE Corner of said Lot 3, Block 1, Thence South to
Point of Beginning.
Commonly Known as: (No address) Davisburg Road, Davisburg, MI 48350
Parcel ID: 07-17-178-011
The Easement Area is legally described as: See Exhibit “A” Easement Description, to be attached hereto and
made a part hereof prior to recording.
Grantee hereby agrees to promptly restore in good and workmanlike manner all property damaged, destroyed or disturbed in
connection with Grantee’s construction, reconstruction, maintenance, operation or removal activities under this Easement
Agreement or the exercise of any other rights of Grantee under this Easement Agreement or the operation of any facilities,
improvements or other items installed, constructed or placed by Grantee on the property. Grantee hereby agrees to indemnify
and hold Grantor harmless from and against any and all damages, liabilities, claims and expenses, including but not limited to
attorney’s fees incurred by or asserted against Grantor which arise out of any personal injury or death or property damage
arising out of any of Grantee’s construction, reconstruction, maintenance, operation, removal or restoration activities under this
Easement Agreement or the exercise of any other rights of Grantee under this Easement Agreement or the operation of any
facilities, improvements or other items installed, constructed or placed by Grantee on the Property.
THIS GRANT IS hereby declared to be binding upon the heirs, successors, lessees, licensees, and assigns of the parties hereto.
This transfer is exempt from the Real Estate Transfer Tax pursuant to MCLA 207.505(a) and from the State Real Estate Transfer
Tax pursuant to MCLA 207.526(a).
(Signatures on following page)
IN WITNESS WHEREOF, the undersigned have hereunto set ______ hand and seal this______ day of_____________ 2023.
GRANTOR:
County of Oakland, a Michigan
Constitutional Corporation
By ____________________________________________
Printed: David T. Woodward
Title: Chairperson, Oakland County Board of Commissioners
STATE OF MICHIGAN )
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of _____________ 2023, by David T. Woodward,
the Chairperson, Oakland County Board of Commissioners, known to be the person named in and who executed the within
instrument as Grantor and acknowledged that ___ executed the same as ___ free act and deed for the intents and purpose
therein mentioned.
Notary Public: _________________________
___________________________
______________ County, Michigan, acting in ___________ County
My Commission Expires __________________ AT&T #A02LCDX
Return to: Drafted By:
Angela Wesson AT&T Legal Department - Right of Way
Right of Way Manager 208 S Akard St. Dallas, TX 75202
54 N. Mill Street, Box #30 Insertions by: Angela Wesson
Pontiac, MI 48342