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HomeMy WebLinkAboutResolutions - 2026.02.19 - 42723 AGENDA ITEM: Transfer of Real Property Interests from Oakland County to Local Municipalities DEPARTMENT: Water Resources Commissioner MEETING: Board of Commissioners DATE: Thursday, February 19, 2026 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2026-6148 Motion to authorize the release and conveyance of title to real property interests held by Oakland County related to municipal water and/or sanitary sewer systems to the cities, villages, and townships within the County as all indebtedness, secured by the County, has been paid in full; further, authorize the Chair of the Board of Commissioners to execute Quit Claim Deeds in favor of each municipality and to execute any other documents necessary to effectuate these transfers. ITEM CATEGORY SPONSORED BY Real Estate Yolanda Smith Charles INTRODUCTION AND BACKGROUND It is Oakland County policy to hold legal title to real property interests associated with the construction of various municipal water supply systems and sanitary sewer systems until the outstanding debt or other indebtedness with respect to the finance, design or construction of such systems, held by the County, are paid in full. These real property interests primarily consist of easements, rights of way, transmissions mains, distribution laterals, and appurtenances necessary for the transportation and distribution of potable water, as well as the sewer system mains, laterals and related equipment, facilities and improvements, excluding leads and Oakland County interceptor systems. POLICY ANALYSIS Approval of this request would grant the Chair of the Board of Commissioners blanket authority to execute quit claim deeds for any community in which the County retains an interest in real property. Once the bonds are paid, WRC is requesting authorization for the Chair to sign any future quitclaim deeds presented to transfer easements and rights-of-way. This is necessary because many municipalities have paid their debts but title remains with the County. Retaining title after debt satisfaction creates operational and administrative challenges, causing unnecessary delays to municipal projects and access. This action would streamline the transfer of easements and rights-of-way once bonds are paid, reducing administrative delays. A list of specific municipalities and properties is not available at this time. FISCAL IMPACT: No Budget Amendment Needed Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Kelsey Cooke, WRC Manager and Chief Legal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 2/19/2026 AGENDA DEADLINE: 02/05/2026 4:30 PM ATTACHMENTS 1. 2026-02-11 EDI Memo for Global Transfer of Assets 2. 2026-02-11 Water and Sanitary Transfer QCD Template COMMITTEE TRACKING 2026-02-11 Economic Development & Infrastructure - Recommend to Board 2026-02-19 Full Board - Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Linnie Taylor Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Brendan Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, William Miller III, Kristen Nelson, Angela Powell, Robert Smiley, Yolanda Smith Charles, Linnie Taylor, Philip Weipert, David Woodward (17) No: None (0) Abstain: None (0) Absent: Michael Spisz (1) Passed Form DC–001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 02/12/2018 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Yolanda Smith Charles, Chairperson, Economic Development and Infrastructure Committee FROM: Kelsey Cooke, Manager and Chief Legal Officer SUBJECT: Transfer of Real Property Interests from Oakland County to Various Municipalities DATE: February 11, 2026 It is Oakland County’s policy to hold legal title to real property interests used to secure loans for the financing, design, and construction of municipal water supply and sanitary sewer systems until all related debt and other indebtedness has been fully satisfied. These real property interests generally include easements, rights of way, transmission mains, distribution laterals, and related appurtenances necessary for the transportation and distribution of potable water, as well as sanitary sewer mains, laterals, and associated equipment, facilities, and improvements. This policy does not apply to service leads or Oakland County interceptor systems. The proposed change is substantive and should not be viewed as a mere “housekeeping” matter. In numerous instances, municipalities have fully satisfied their financial obligations, yet legal title to their real property interests remains vested in Oakland County. This disconnect can create significant and unnecessary operational challenges. For example, a construction contractor seeking access to a municipal facility may be unable to proceed because the municipality lacks clear legal authority to grant access while title remains with the County. Addressing this issue will reduce administrative inefficiencies and prevent avoidable delays in municipal operations and infrastructure projects. Requested Committee Action: 1. Authorize the release and conveyance of Oakland County’s real property interests associated with municipal water and/or sanitary sewer systems to the respective cities, villages, and townships within the County, where all County-secured indebtedness has been fully satisfied; and 2. Authorize the Chairperson to execute Quit Claim Deeds in favor of each municipality and to execute any other documents necessary to effectuate these transfers. Presenter: Kelsey Cooke, 248-296-1406 cookek@oakgov.com -1- QUIT CLAIM CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FOR WATER SUPPLY SYTEM AND SANITARY SEWER SYSTEM FACILITIES AND IMPROVEMENTS THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, Grantor, 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 , a Michigan Municipal Corporation, Grantee, whose address is , , Michigan , Grantor hereby conveys and quit claims to Grantee(s) all rights, title and interests Grantor 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 fee simple property, easements and rights of way, and the water supply system, sanitary sewer system, laterals and related equipment, facilities and improvements therein, excluding leads, located within fee simple property, easement and/or right of way areas described and incorporated in Attachments “A” and “B.” Grantor convey to Grantee(s) all fee simple property, easements and rights of way, water supply system and sanitary sewer system improvements, including the right to construct, operate, maintain, repair and/or replace a water supply system or sanitary sewer system across and through the following described lands situated in the , Oakland County, Michigan. The conveyance of the system(s) and improvements is “as-is” and Grantor make no -2- warranties as to the condition or fitness for a purpose, said warranties being expressly disclaimed. PROPERTY DESCRIPTIONS: SEE ATTACHMENT “A” Grantee(s) agrees to and acknowledges that it shall be responsible for all restrictions and conditions as set forth in the fee simple property, easements and rights of way set forth in Attachments “A” and “B.” 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 By: ____________________________ David T. Woodward Its: Chairperson -3- ACKNOWLEDGMENT STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) On this ________ day of _______________________, 2026, before me, a Notary Public, personally appeared David T. 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 Chairperson acknowledged the instrument to be the free act and deed of the Corporation. , Notary Public State of Michigan, County of Oakland Acting in the County of Oakland My Commission Expires: ___________ This instrument drafted by: Jeffrey S. Parrott, Supervisor Right of Way Office of the Oakland County Water Resources Commissioner One Public Works Drive Bldg. 95 West Waterford, Michigan 48328-1907 -4- ATTACHMENT “A” QUIT CLAIM DEED TO SANITARY SEWER SYSTEM -5- ATTACHMENT “B” QUIT CLAIM DEED TO WATER SUPPLY SYSTEM