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HomeMy WebLinkAboutAgendas/Packets - 1992.06.11 - 39907OAKLAND COUNTY PARKS & RECREATION COMMISSION 2800 Watkins Lake Road • Waterford, Michigan 48328 (313) 858-0906 9 Fax (313) 858-1683 Ralph A. Richard Manager Jon J. Kipke Assistant Manager June 9, 1992 To the Members of the OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2800 Watkins Lake Road Waterford, MI 48328 Ladies and Gentlemen: RE: Rookery Purchase Agreement Lewis E. Wint Chairman Jean M.Fox Vice Chairman Pecky D. Lewis, Jr. Secretary Fred Korzon George W. Kuhn Richard D. Kuhn, Jr. Thomas A. Law John E. Olsen Alice Tomboulian Richard V. Vogt Staff and Corporation Counsel met with the developers of the rookery property and have agreed on all phases in the attached purchase offer, including price and compliance on the environmental phase II study plan. The meeting of June 11, 11 a.m., is to approve the purchase offer to be sub- mitted to the Planning and Building Committee and the Finance Committee for their approval, then to submit to the full Board of Commissioners on June 25. Once approved by all parties, closing date will be July 15. This culminates 2 1/2 years of working with the developer and the Department of Natural Resources to have the opportunity to purchase this acquisition for future park development for Oakland County. If you have any questions, please call me. Sincerely, Ralph Richard, Manager Oakland County Parks and Recreation Commission RR:ks Attachment PROPERTY DESCRIPTION MAP [� 'ART RTHEAST LYON T. 1 N . — R. / —7 E. 'A 19/-rr7 ,571 0110 .00-oot I �/ (5- CO/7e17, e /o- I 200 04191o1..II I ear/ I ©/9a/,Qock ford MaP Pub/s•, Inc. 02k/ancL Count'/ Mich. T. 1 N. - R. 7 E. N—th—t V. SEC - 3 A — Butterfield: Triangle SEC - 15 A - Harcoon Sub. ROOKERY ACQUISITION PROJECT June 9. 1992 DNR APPROVED APPRAISED DNR GRANT VALUE MATCH *OCPRC TOTAL 1990 Grant: $1,000,000 $2,160,000 $1,000,000 $1,693,877a $2,693,877 1991 Grant: 837,500 1,326,000 717,062 1,539,061b 2,256,123 $1,837,500 $3,486,000 $1,717,062 $3,232,938 $4,950,000 -Parks and Recreation funds must match 33% of grant total. aAppraisal as of February, 1991: bAppraisal as of March, 1992: $2,160,000 for 495.97 acres $4,350.00 appraised price per acre $1,326,000 for 171.06 acres* $7,752/acre (averaged) **Commission will purchase 33 acres with own funds, leaving parcel purchased with DNR funds as follows: 171.06 acres -33.00 acres Purchased with Commission funds at $7,752/acre 138.06 acres @ $7,752/acre = $1,070,241 DNR matching funds of 67% of appraised amount of $1,070,241 = $717,062 Approved DNR Grant = $837,500 67% of appraisal amount - 717,062 Difference $120,438 (For the purchase of an additional 106 acres @ $3,500/acre--$371,000) 667.03 acres $4,950,000 with $300,000 deposit Closing 7-15-92 will have: A) Environmental Phase II Toxic Waste Plan certificate B) Title work complete C) Appraisal review from State D) Oakland County Board of Commissioners approval ROOKERY FUNDING SUMMARY We presently have $4,540,000 in our Capital Improvement Projects Future Acquisition line item as of this date. Future Acquisition $ 4,540,000 Funds from holds on C.I.P. Projects 430,000 $ 4,970,000 Less 6/25/92 payment ( 300,000) Less 7/15/92 payment (4,650,000) Funds for addt'l cost ( 20,000) ($4,970,000) Balance -0- Grant Reimbursement Funds after 9/l/92 $ 1,717,062 Land Acquisition Fund Balance $ 1,717,062 Additional DNR grant funds of $120,438 are available to purchase 106 acres in conjunction with master purchase plan of the Lyon Rookery Property. MISCELLANEOUS RESOLUTION BY: PLANNING AND BUILDING COMMITTEE, John E. Olsen, Chairperson IN RE: PARKS & RECREATION COMMISSION - PURCHASE OF PROPERTY IN LYON TOWNSHIP TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Parks and Recreation Commission is the recipient of grant monies for the purchase of property in Lyon Township for the purpose of protecting a wildlife habitat known as a rookery; and WHEREAS, the Parks and Recreation Commission, at a special meeting held on June 11,1992, approved the attached offers to purchase a 34.75 acre parcel for $269,382 being Parcel No. 20-01-200-001 and a 637.50 acre parcel for $4,480,618 being Parcel Nos. 21-01-100-001, 21-01-200-003, 20-01-200-004, 21-01-300-019, 21-01-400- 001, 21-01-400-002 and part of 21-01-200-001; and WHEREAS, the Parks and Recreation Commission has the funds available to make such purchase; and WHEREAS, said purchase will provide protection for this rookery as well as establish a County park in a section of the County not previously serviced by the County park system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the purchase of a 34.75 acre parcel in Lyon Township for $269,382 being Parcel No. 20-01-200-001 and a 637.50 acre parcel for $4,480,618 being Parcels Nos. 21-01-100-001, 21-01-200-003, 21-01-200-004, 21-01-300-019, 21-01- 400-004, 21-01-400-002, and part of 21-01-200-001, by the Oakland County Parks and Recreation Commission, said monies for the purchase to come from Parks and Recreation funds and/or grant monies. BE IT FURTHER RESOLVED that the Chairperson is authorized to execute the appropriate and necessary documents to finalize said purchase. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 0 .. i • ■ •J� '•1, /1 .f--• - -- r ..o ... e,t.. . . . .. . . .10 . . . . . . . . . . . . . .. : . '•pie. i•i. •' '�' �. ,• �• •I• \ � ,r✓off/1,•,� T. fit CO co ��. ZIT) Q dG ✓✓✓ 'Cr ( ' `� �•.�� r..[, �' j , L ).� �•),(111111������.•L�'e',ti; ' p� � ti• � •,n.''. , �.. heq GRE, M: A e address ?URCNPSE P vESER'eWe Haber cat�oa, ROM Co \� 0 be een M`ch�gan ions? ut�on �0�3c °n be h as reemet\t b es n B\oofT` \e\ a Mkchk9ach San 4a3� PURCNplSER ESS th'ks A9 `ane, �F Qp,K\ANa'pont�ac,M er ca\\ed W\1N Cher Neath UN� raph R°a \ON, herelna�c \lea kV\e CO 1 e\e9 M\SS buy \s asd \s 1200 REPl\ON COM p,SS•R acre, pCoperty e addre D REC GN S pUR yea n be�n9 RKS PN Tees to se\\. and stated herern, do g 140..001 o{ t s p ag dttro Covt\tI M rp1 _01- fio\ioWs. d on ` Oak\and os 210 01 21 e E`ER c The S terms an Wnsh P S\dWe\\ g' 1, °n th on the on ° E ax 4 21.-0 200-00 637 50 Rope �� \ocated \ n 1,11N, �1-200'd Pt °fi 21..01 f0)(), tddCawin9s, B,E SOt-D \n se 200-003' 400-002' a \sting °{ app\ans and a, ached 1- 01 con ouCse P per t\dl C Ckc se 400�001` tax roNs a\i ex\strn99a\{ a en 5. lownsh P er With erm�ts Four acres togeth t\d'CNR P be. et\a erty sha\\ ,,9hteen and cif & descC;pt�0ni °{ said tea dr Six twndred EX9hCe sleet se pr\ce Thousan TWo Nundra cePtan 0 The \ ur dyed E�9ht cash \N b upon the 2g0,000.0°\ Iota P N SER Sad E �\\ion, Six 0 po\\ars po\iars d A at the tim eck. CNp,SE PR�C4,6a0,61a12 0 000 00he pUR v chase P \and County ch pUR ,BERMS -thousand reement bythe tota\ P aid by Oak that he this • be E AN o{ aga,pX\ed to sha\\ b CLAPS R \-aWson TTN sha\\ be Pi\ amounts arrants t° p °p \ons �r°Ctajd+ng to c\0s�ng• and d \rrev°cab\artnersh�p' pes, n'°re °d R Cepresents an 'P ac an SELLE \usNe . L�ni�ted \ S00 an, d�n9� exca Nlichr9an apPrOx'rnat County' M` a d Ge°rg a has bin \park, ta�d�ng ale\and an, to tC\a con n, O wort' ,�\n9 \ndvs o� \and o\ "O a skn9\e Wifie, Pefka more or a parcel eloWnsh�P SPencer, cev, his 1 acres, at\. less, rn.t n from U1C1a rtmta Speco .i'k5\ate\y d county, an g are an SPencer d a n avd\no� plot\, Oak\ ghat both her Warranby ks \N °\ \an sh.P ents io ish parse\1n the 1°ws and repe eGt SE�`Eh e Wrii {ur to sa'd \es Warran ce and ok ciosJng' . \e tale SEt-�ER \n fiv\\ \°r the time R fee s�mP b\ndmg and that at FtCRPSE brances. and repre Deed to the P ofi any encum arranty and c\ea pCopeCty 1 \ree TAXES All taxes and assessments which have become a lien upon the land at the date of this Agreement shall be paid by SELLER. Current taxes shall be prorated and adjusted as of the date of closing in accordance with Due Date basis of the municipality or taxing unit in which the property is located. EVIDENCE OF SELLER shall, at PURCHASER'S expense within twenty (20) TITLE days hereof, deliver a Title Commitment for SELLER's Policy of Title Insurance for the full purchase price to the PURCHASER agreeing to insure marketable title to the real property above —described, free and clear of encumbrances, other than easements and restrictions of record. If objection to the title is made, based upon a written opinion of PURCHASER'S attorney that the title is not in the condition required for performance hereunder, the SELLER shall have 30 days from the date he is notified in writing of the particular defects claimed, either (1) to remedy the title, or (2) to refund the deposit in full termination of this agreement if unable to remedy the title. If the SELLER remedies the title within the time specified, the PURCHASER agrees to complete the sale within 10 days of written notification thereof. If the SELLER is unable to remedy the title within the time specified, the deposit shall be refunded forthwith in full termination of this agreement. SELLER agrees to remit to PURCHASER a release of an oil and gas lease which is recorded at Liber 8566, Pages 588, Oakland County Records. TRANSFER TAX PURCHASER shall be responsible at closing for payment of State of Michigan transfer tax. CONVEYANCE Conveyance shall be by Warranty Deed executed by SELLER to PURCHASER. ENVIRONMENTAL Pursuant to the report on Phase I, Environmental STATEMENT Assessment, prepared by MJBA/CEC project team, certain identified environmental liabilities were found to exist on this property. The SELLER warrants that he has not deposited or caused to be deposited, on or under the above described land, any toxic or hazardous substance(s) while he had rights to said land. Further, the SELLER assures that he has no knowledge of any toxic or hazardous substance(s) being present on or under the above described parcel. SELLER agrees that a Phase II environmental assessment shall be completed, at SELLER'S expense, prior to closing. Further, if said assessment finds toxic or hazardous substances to exist, shall or prior to clod lg a e completed at sole cost ofi ed alrid completed at the agents the rernedtation RCHASER and its be conduct to permit Pv property' for the all ofi SELLER agrees above described isssm and/ortesing, ease gPECT14N enter uP°n thct� 9 any ass es le cost to � s origina IN ht to purpose ofi condo PURCHASE remises ofi said rANp ENTRY P h h shall be Sha11 restore the Pevent, the results on this W URCHASER such testing- in any no bear . epPressly P aier ei cond1ton nt and/or testmay be athe use arse except as agreement l 15, 1g92` releren on Ju y e sum sale shall be closed shall be th This damages accordance li uASaR fia�ls to close I ed to be ofi the that q TIME FAG ANp The Pa��Q �pefi PURCa time is herewith deem POSSESSION ofi280, terms hereofi an eat the ofifilces ofi With the 2700 N. essence- sale II take PLAN INC HIG N sing ofi this TITLL COMELp HILLS, M1G A The clo SEANER OOMF WAR© Av ENVE, M- ILIP R• CLOSING Wppp lied, $hall be paid 4• amounts aPP di in the 48 Less acn II d se price, any Inc.= vh�9 ananteCest m the urchaha The Aull Seaver Title Compparties to Philip the P ear. °fi sare ropey Interests appear the benefiit ofi the proceeds as the P • Ind and Inure to P shall bIrespect,*,- parties• ants herein oI the sale 'or -Tbecoven ofi th RS successors and assigns on the closing �ontrngent SVCCESSGNS e is contingent b closing is lure to close sll aces ANC ASSI This 4 75 acre Parcej� he o her and thefiaquidated dam 9 CONTINGENCY upon the clos�ne ly Shall invoke ult d herein. rnedlately Sales sti rovide LLER im l ofi the clause p SE nova shall be a ccePt �PSER receivinS� ON and the This a gent to the CREATION ��MN\ SS04EBS- EXPIRATION OF PARKS AN CUNV SOARp OF OFFER OAK4-ANp C WITNESSES: SELLER: Jerome F. Leber 1992. Subscribed and sworn to before me this day of PURCHASER: County of Oakland, A Michigan Constitutional Corporation, through its Parks & Recreation Commission 1992. Subscribed and sworn to before me this day of _ 1APAT2LEBER LEGAL DESCRIPTION Part of Section 1, T1N, R7E, Lyon Township, Oakland County, Michigan, described as beginning the NE corner of said Section 1; thence S 03-09-39 E, along the East line of said Section, 3405.43 ft to the E 1/4 corner of said Section 1; thence continuing along said East line, S 03-18-48 E, 1983.19 ft; thence S 86-24-29 W, 1321.11 ft; thence S 03-11- 40, E 659.12 ft to the South line of said Section; thence S 86-24-29 W, along said South line, 1322.47 ft to the S 1/4 corner of said Section 1; thence continuing along said South line, S 87-10-49 W, 1369.53 ft; thence N 70-02-09 W, 494.37 ft; thence N 02-55-53 W, 746.30 ft; thence S 87-04-07 W 320.00 ft; thence N 02-55-53 W, 200.00 ft; thence S 87- 04-07 W, 60.00 ft; thence N 02-55-53 W, 600.00 ft; thence S 87-04-07 W, 440 ft to the West line of said Section 1; thence N 02-55-53 W, along said West line, 902.41 ft to the W 1/4 corner of said Section 1; thence continuing along said West line N 03-14-07 W, 3395.34 ft to the NW corner of said Section 1; thence N 86-36-01 E, along the North line of said Section, 2647.72 ft to the N 1/4 corner of said Section 1; thence N 86-41-14 E, along said North line, 1116.16 ft; thence S 00-40-17 E, 1354.20 ft; thence N 88-00-43 E, 454.50 ft; thence N 01-42-17 W 1363.81 ft to the said North Section line; thence N 86-41-14 E, along said North line, 1082.50 ft to the point of beginning, containing 672.25 acres and also subject to any easements of record; and excepting therefrom 34.75 acres being described as follows: A parcel of property being part of Sec 1, T1 N, R7E, Lyon Township, Oakland County, Michigan, and being more particularly described as beginning at the NE corner of Sec 1; thence S 03-09-39 along E Section line, 1389.11 ft to a point; thence S 88-00-43 W 1117.39 ft to a point; thence N 01-42-17 W 1363.8 ft to a point, being the N line of Section 1 and the centerline of Pontiac Trail; thence N 86-41-14 E, 1082.5 ft along N line of Section 1 to the point of beginning containing 34.75 acres, more or less, and being part of Tax Parcel No. 20-01-200-001. a 33 .� zoo -off o` 34.75 y oiir 1 Tsl" � rr r9 .0to to. V DOM-_t° Subject p.73 /Q • 8 wi7 o6i� M Z e /In ' 9' 8 u. -o 4 L�r � • �' o i4 a ncr zo. 7 `.,. 4 CAP F%-,her .0 09 •S/ o 0 4 o 0 It .4,9,55 9 7 " c n C er' 7� OZO 0 L0o-© J J Law-5 0/7 Q-� __Zn vsr '400"Od2 ,too - ° 03 'Oz° (jraCe 20 co Nvc /a 70 ao -ooAr i. O0° 3a0' . PURCHASE AGREEMENT WITNESS, this Agreement by and between JEROME F. LEBER, whose address is 7380 Heather Heath Lane, West Bloomfield Michigan 48322, hereinafter called "SELLER", and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341-1043, on behalf of its PARKS AND RECREATION COMMISSION, hereinafter called "PURCHASER", as follows: PROPERTY TO The SELLER agrees to sell and PURCHASER agrees to buy, BE SOLD on the terms and conditions stated herein, real property located in Lyon Township, Oakland County, Michigan, being part of Sec 1, TIN, R7E, Lyon Township, Oakland County, Michigan, and being more particularly described as beginning at the NE corner of Sec 1; thence S 03-09-39 along E Section line, 1389.11 ft to a point; thence S 88-00-43 W 1117.39 ft to a point; thence N 01-42-17 W 1363.8 ft to a point, being the N line of Section 1 and the centerline of Pontiac Trail; thence N 86-41-14 E, 1082.5 ft along N line of Section 1 to the point of beginning containing 34.75 acres, more or less, and being part of Tax Parcel No. 21-01-200- 001, together with all existing golf course plans and drawings, and all wetland/DNR permits and/or licenses. (Per attached sketch & description) PURCHASE PRICE The total purchase price of said real property shall be Two AND TERMS Hundred Sixty —Nine Thousand, Three Hundred Eighty —Two ($269,382.00) ' Dollars cash with Twenty Thousand ($20,000.00) Dollars down upon the acceptance of this agreement by the PURCHASER. Said $20,000.00 shall be applied to the total purchase price at the time of closing. All amounts shall be paid by Oakland County check. SELLER represents and warrants to PURCHASER that he has binding, exclusive and irrevocable options from Lawson Industrial Park, a Michigan Limited Partnership, pertaining to a parcel of land containing approximately 500 acres, more or less, in the Township of Lyon, Oakland County, Michigan, and an option from Lillian Spencer, a single woman, and George W. Spencer and Arminta Spencer, his wife, ing to a parcel of land containing approximately 171 acres, nmore or less, in the Township of Lyon, Oakland County, Michigan. SELLER warrants and represents that both options are binding and in full force and effect. SELLER further warrants and represents that at the time of closing, he will furnish by Warranty Deed to the PURCHASER fee simple title to said property, free and clear of any encumbrances. TAXES All taxes and assessments which have become a lien upon the land at the date of this Agreement shall be paid by SELLER. Current taxes shall be prorated and adjusted as of the date of closing in accordance with Due Date basis of the municipality or taxing unit in which the property is located. EVIDENCE OF SELLER shall, at PURCHASER'S expense within twenty (20) TITLE days hereof, deliver a Title Commitment for SELLER's Policy of Title Insurance for the full purchase price to the PURCHASER agreeing to insure marketable title to the real property above -described, free and clear of encumbrances, other than easements and restrictions of record. If objection to the title is made, based upon a written opinion of PURCHASER'S attorney that the title is not in the condition required for performance hereunder, the SELLER shall have 30 days from the date he is notified in writing of the particular defects claimed, either (1) to remedy the title, or (2) to refund the deposit in full termination of this agreement if unable to remedy the title. If the SELLER remedies the title within the time specified, the PURCHASER agrees to complete the sale within 10 days of written notification thereof. If the SELLER is unable to remedy the title within the time specified, the deposit shall be refunded forthwith in full termination of this agreement. SELLER agrees to remit to PURCHASER a release of an oil and gas lease which is recorded at Liber 8566, Pages 588, Oakland County Records. TRANSFER TAX PURCHASER shall be responsible at closing for payment of State of Michigan transfer tax. CONVEYANCE Conveyance shall be by Warranty Deed executed by SELLER to PURCHASER. ENVIRONMENTAL Pursuant to the report on Phase I, Environmental STATEMENT Assessment, prepared by MJBA/CEC project team, certain identified environmental liabilities were found to exist on this property. The SELLER warrants that he has not deposited or caused to be deposited, on or under the above described land, any toxic or hazardous substance(s) while he had rights to said land. Further, the SELLER assures that he has no knowledge of any toxic or hazardous substance(s) being INSPECTION ,AND ENht TRY TIME FOR CLOS ESS14N POSS CLOSING parcel' SELLER above described P ent shall be present on or under the 11 environmental as Further, if that a Phase S expense, Prior to closing agrees at SELLER d r hazardous substanneSa d Shall Istl completed, prior to clos g 11 be completed at or said assess finds toxic he sole cost of SELLER. ,.mediation s completed at t be conducted and PU RGHASER and its agents the agrees to permit far the SELLERreal property all of upon the above described nd/or testing} assessments a ex ense. to enter P sole cost and p final Puri ofi conducting any its Original URCHASER S shall be at P the premises to said WhichHASER shah restore In any, event, the results this PUR testing• no baring upon condition after such shall have herein exP ent and/or testmay be otherwise assessor except as referenced. 15 1 gg2 SUCCESSORS AND AS GNS CONTINGENCY is sale shall be closed on July ' 'This shall be the sum uidated damages in accordance a ree that IH fails to close to be of the The parties g If PURCHASER of $20A00.00 f and time Is herewith deemed with the terms hereo place at the offices of essence. 2700 N. of this sale I COMPANY' INC" The closing SEAVER TITLEHILLS, MIGHIGAN PHILIP R Rp AVENUE, BLOOMFIELD WOODWA 4g304• lied, shall be paid less amounts apP purchase price Inc.,which shall disburse the The full p anY� interest in the Seaver Title Comp arties having an to Philip ofi sale to the P proceeds interests appeal - property as their property the benefit of the ts .rein shall bind and Ve parties. The C°ssors and assigns of the resp sale for succe closing of the ent upon the expressly is contingent each closing �s failure to This purchase parcel and other and the the 637.50 acre p Closing of the the liqu►dated ent upon the shall invoke canting sales simultane0usty close both provided herein• damages Clause p immediately SELLER o{ the accepted by the aPPra"al the der shall nd be )URCNASER Gomm SS14N ERS r This a to the I T1ON ISSION FtpT�ON OF subse S enp,ND RECgOARD OF COMM EXp� R PARK ND COUNTY OFFS OAKI-p` WITNESSES: 19g2• LER� Jerome F• Leber SEL worn to bel°Ce me this Subscribed and s 1g92• day 01 Oakland, CHASER: GaU� p R s t; t U t 1p 0 arks ch R A anthrough its Cor ecCeat Win, Comm;ssion sworn to be{ore me this Subscribed and cv00" day ofi LEL GpL DESCRIPTl4N Oakland County, R7E, Lyon Township,E corner of see 1; art of Sec 1, T1 N, beginning at the N S 88_00-43 W Property being P described as g thence of to a point; being the N line A parcel of prop . more particularly line, 1389.11 ft to a point, N line and being F Section line, W 13 e3. 86-41-14 E, 1082.5 ft along Michigan, 03-09-39 alongand being part thence Point; these Trail; then more or less, 1117.39 ft to a P 34.75 acres, n 1 and the c oInt i f beginning contalning Section 1 to the point o 001. of Section p1 _200- of Tax Parcel No. 20- S/ — /Z ------------------------------------ 00 09 • g -/yi - //P - 78 -/y go %// /00 - t t I , , , I I I I , i� I , , , , I , I i 9k, — 91