HomeMy WebLinkAboutResolutions - 2007.11.01 - 9298MISCELLANEOUS RESOLUTION 4 07247 October 18, 2007
BY: PLANNING & BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: FACILITIES AND MAINTENANCE OPERATIONS AND DRAIN
COMMISSIONER - OAKLAND COUNTY — OAKLAND TOWNSHIP WATER
SUPPLY SYSTEM, RESOLUTION ACCEPTING DONATION OF 10.08 ACRES
AND AQUIFER LOCATED AT STONEY CREEK AND LAKE GEORGE,
OAKLAND TOWNSHIP, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County owns and operates the Oakland County-Charter Township of
Oakland Water Supply System (-Oakland Township Water Supply System") pursuant to Act 185
of the Public Act of 1957, as amended ("Act I85"); and
WHEREAS, from time to time, property owners have donated land and well water supply
systems and facilities to the County which have become part of the Oakland Township Water
Supply System; and
WHEREAS, Section 6 of Public Act 139 of the Public Acts of 1973, as amended
authorizes the County to accept gifts and grants-in-aid from a government or private source; and
WHEREAS, Oakland Explorations LLC, a Michigan limited Liability Company,
("Oakland Explorations") owns certain property (the "Property -) located in the Charter Township
of Oakland, Oakland County, Michigan described as follows:
A part of the Southwest 'A of Section 9, T.4N., It 11E., Oakland Township,
Oakland County, Michigan being described as: Commencing at the South 1/4
corner of said Section 9. thence N. 86.40'43"W.. 603.07 ft. along the South line
of Section 9 to the Point of Beginning. Thence continuing along said line, N.
86c,40'43"W., 1541.53 ft.. thence N. 00-10'38"W., 61.11 ft., thence S.
86.40'43"E., 745.26 ft.. thence N. 03.19'17"E., 154.00 ft., thence S. 86-40'43"E.,
210.00 ft., thence N. 03-19"17"E.. 376.60 ft., thence S. 86-40'43"E., 590.00 ft,,
thence S. 03-19'17"W., 591.60 ft. to the Point of Beginning and containing 10.08
acres. Subject to an easement for ingress and egress over the following described
portion of said property: Commencing at the South 1/2 corner of Section 9, thence
N. 86.40'43"W., 1403.07 ft. along the South line of Section 9 to the Point of
Beginning; thence continuing along said line, N. 86-40'43"W., 741.53 ft.; thence
N. 01-10'38"W., 61.11 ft.; thence S. 86-40'43 -E.. 745.26 ft.; thence S.
03-19'17"W., 60.00 ft. to the Point of Beginning. Also, subject to the rights of
the public in Stoney Creek Road.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
/c(.1.1,t-t 11-1/(} 74(1(/, '/2)
T FEE EANNING AND BILE (\PLANNING AND BUILDING CO
Resolution #07247 October 18, 2007
WHEREAS, Oakland Explorations ("Donor") proposes to make a charitable donation to
the County ("Donee") consisting of the Donor's right, title. and interest in the Property, including
all rights to subsurface water that are appurtenant to and associated with the Property, together
with the drilled water wells located on the Property in accordance with the provisions of the
Declaration of Charitable Donation ("Donation Agreement") attached hereto as Exhibit A; and
NOW THEREFORE. BE IT RESOLVED by the Board of Commissioners of
Oakland County, Michigan, as follows:
1. APPROVAL OF DONATION AGREEMENT. The Donation Agreement
between the County, by and through the County Drain Commissioner and the Donor, which
agreement has been submitted to this Board of Commissioners, is hereby approved and adopted,
and the County Drain Commissioner is hereby authorized and directed to execute and deliver the
same in substantially the form set forth on Exhibit A hereto for and on behalf of the County, in as
many counterparts as may be deemed advisable.
2. APPROVAL OF
CHARITABLE DONATION. The Drain Commissioner is hereby authorized and directed to
execute, deliver and properly record all documents relating to the transfer and acceptance of the
Property, together with the drilled water wells .located on the Property subject to and in
accordance with the provisions of the Declaration of Charitable Donation.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of
the foregoing resolution.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Exhibit "A" of Resolution Accepting Donation
DECLARATION OF CHARITABLE GIFT
This Declaration of Charitable Gift (the "Declaration") is entered into as of the day
of , 2007 between Oakland Explorations LLC, a Michigan limited liability
company (the "Donor"), whose address is 3005 University Drive, Auburn Hills, Michigan 48326
and the County of Oakland, a Michigan Constitutional and Municipal Corporation, by and
through the Oakland County Drain Commissioner, whose address is One Public Works Drive,
Building 95 West, Waterford, Michigan 48328, (the "Donee").
RECITALS
A. The Donor is the owner of certain real estate situated in the Township of
Oakland, County of Oakland, and State of Michigan, and more particularly described on the
attached Exhibit A (the "Property"). Donor maintains that there are significant amounts of
potable water located beneath the Property
B. The Donor has agreed to make a charitable donation of all of its right, title, and
interest in the Property, including all rights to subsurface water which are appurtenant to and
associated with the Property, together with the drilled water wells which are located on the
Property and which are owned by the Donor, to the Donee, in accordance with the provisions of
this Declaration.
C. The Donee proposes to accept such charitable donation from the Donor, subject
to Donor providing a current Phase One Environmental Site Assessment that does not identify
any adverse environmental condition(s) on the donated property; and further subject to Donor
obtaining a partition making the donated property a separate parcel corresponding to the
property description contained in the attached Exhibit A, in accordance with the provisions of
this Declaration.
NOW THEREFORE, the parties agree as follows:
1. Conveyance of the Property and the Equipment.
11 Property and Equipment Described. The Donor shall convey all of its right, title
and interest in and to the Property, including all rights to subsurface water which are
appurtenant to and associated with the Property, to the Donee by means of a Warranty Deed in
the form attached as Exhibit B (the "Warranty Deed"). The Donor also shall convey all of its
right, title, and interest in and to the water distribution equipment which is located on the
Property and which is owned by the Donor, which equipment consists of two (2) 16-inch
diameter drilled water wells (the "Equipment"), by means of an Assignment in the form attached
as Exhibit C (the "Assignment"). The transfers contemplated in this Declaration, as evidenced
by the execution and delivery of the Warranty Deed and the Assignment pursuant to this
Declaration, are referred to as the "Transfers."
2. Consideration for Conveyance. Both the Donor and the Donee acknowledge and
represent that the Transfers are not made with any expectation on the part of the Donor of direct
or indirect financial benefits either from the Donee or as a result of any action of the Donee, and
that no consideration, promise or other value (including without limitation any zoning change,
public permit, or other governmental concession) is being given, has been given, or will be given
by the Donee to the Donor (or any of the Donor's members, owners, or affiliated entities), either
directly or indirectly, in exchange for or as a result of the Transfers. Nothing herein shall obligate
the Donee to finance, design, or construct a water distribution system, including but not limited
to wells, pump stations, or appurtenances necessary to extract water beneath the site for the
benefit of Donor, its successors and assigns.
3. Effective Date of Transfers. The transfer shall take effect upon authorization by
resolution of the Oakland County Board of Commissioners and upon execution of the Warranty
Deed and the Assignment, and by the delivery of those documents to the Donee on or before
the second business day after the execution of this Declaration by Donor and Donee. The
Transfers are intended to take place and to be effective (including, without limitation, for federal
2
and state income tax purposes), upon the execution and delivery of the Warranty Deed and the
Assignment as provided in this Declaration.
4. Charitable Intent.
4.1 Construction. The parties intend that the Transfers shall be treated as a
charitable contribution pursuant to Section 170 of the Internal Revenue Code of 1986, as
amended, and the Treasury Regulations thereunder (the "Code"). The provisions of this
Declaration shall be construed in accordance with such intentions. The Donor shall have the
right, in the Donor's sole discretion, to release or waive any condition, restriction, or requirement
imposed upon the Donee pursuant to this Declaration, or to acknowledge the satisfaction of any
such condition, restriction, or requirement for any purpose.
4.2 Acknowledgment of Donation. The Donee agrees to provide the Donor with
contemporaneous written acknowledgment (the "Acknowledgment") of the Transfers as required
by Section 170(f)(8) of the Code. The valuation of the charitable donation for such purposes
shall be determined by a qualified appraiser or appraisers retained and paid by the Donor, in its
sole discretion.
4.3 Cooperation by Parties. The Donor and the Donee shall: (a) cooperate fully, as
and to the extent reasonably requested by the other, in connection with the Transfers, the
providing of the Acknowledgment, any valuation of the Transfers and the charitable donation
arising from the Transfers, and the reporting of the Transfers to the relevant tax authorities; (b)
sign, complete, and file all tax returns and forms (including, without limitation Form 8283 in the
form attached as Exhibit D) as are reasonably necessary to properly account for and report the
Transfers; and (c) not take any position (whether in audits or similar proceedings, tax returns,
refund claims, or otherwise) that is inconsistent with the Transfers, or that is inconsistent with
the character of the Transfers as expressed in this Declaration, unless required to do so by
applicable law.
5. Other Provisions.
3
5.1 Amendments. This Declaration shall not be changed except by a writing signed
by the Donor and the Donee.
5.2 Entire Agreement. This Declaration constitutes the entire agreement of the
Donor and the Donee with respect to the Transfers. All prior agreements between the Donor
and the Donee with respect to the Transfers, whether written or oral, are merged in this
Declaration and shall be of no force or effect.
5.3 Applicable Law. This Declaration shall be governed by, and construed and
enforced in accordance with, the laws of the State of Michigan.
5.4 Additional Documents. The Donor and the Donee each agree to execute any
and all documents, instruments, certificates and communications deemed to be reasonably
necessary to effectuate the intent of this Declaration and agree to cooperate and negotiate in
good faith with respect to any and all matters relating to this Declaration.
5.5 Binding Effect. This Declaration shall be binding upon and inure to the benefit of
the successors and assignees of the respective parties to this Declaration.
5.6 Notices. Any notice or communication required or permitted under this
Declaration will be deemed duly given if (a) in writing and (b) hand delivered or sent by certified
or registered mail, postage prepaid, return receipt requested, to a party at the address specified
below, or at such other address as a party may designate to the other party in a notice pursuant
to this Section 5.6.
If to the Donor:
Oakland Explorations LLC
3005 University Drive, Suite 100
Auburn Hills, Michigan 48326
Attention: Dominic J. Moceri
With a copy to:
Kickham Hanley, P.C.
32121 Woodward Avenue, Suite 300
Royal Oak, Michigan 48073
Attention: Edward F. Kickham
-4
If to the Donee:
COUNTY OF OAKLAND
Oakland County Drain Commissioner
1 Public Works Drive
Waterford, tvlichigan 48328
Attention: John P. McCulloch
With a copy to:
Joseph W. Colaianne
Attorney & Insurance Administrator
Oakland County Drain Commissioner's Office
One Public Works Drive
Waterford, MI 48328
5.7 Severability. Where possible, each provision in this Declaration will be
interpreted in such a manner as to be effective and valid under applicable law. Accordingly, the
parties agree that the provisions of this Declaration will be deemed severable, and if any
provision or part of this Declaration is held illegal, void, or invalid under applicable law, such
provision or part will be changed to the extent reasonably necessary to make the provision or
part, as so changed, legal, valid, and binding. If any one or more of the provisions contained in
this Declaration will, for any reason, be held to be invalid, illegal, or unenforceable in its entirety,
such invalidity, illegality, or unenforceability will not affect any of the other provisions of this
Declaration, and this Declaration will be construed as if such invalid, illegal, or unenforceable
provision or provisions had never been contained herein unless the deletion of such provision or
provisions would result in such a material change as to cause completion of the transactions
contemplated hereby to be unreasonable.
5.8 Section Headings. The Section headings contained in this Declaration have
been inserted only as a matter of convenience and for reference, and in no way shall be
construed to define, limit, or describe the scope or intent of any provision of this Declaration.
5.9 Counterparts and Facsimile Signatures. This Declaration may be executed in
counterparts, each of which will be deemed an original but all of which will constitute one and
5
the same instrument. Signatures on this Declaration may be delivered by facsimile in lieu of an
original signature, and the parties agree to treat facsimile signatures as original signatures.
The parties hereto have signed this Declaration on the date first above written.
Donor:
Oakland Explorations LLC, a Michigan limited
liability company
By:
Dominic J. Moceri, Manager
Donee:
County of Oakland, a Michigan Constitutional and
Municipal Corporation
By:
John P. McCulloch
Oakland County Drain Commissioner
County Agency
EXHIBIT A
TO
DECLARATION OF CHARITABLE GIFT
LEGAL DESCRIPTION
A part of the Southwest 'A of Section 9, T.4N., R.11E., Oakland Township, Oakland
County, Michigan being described as: Commencing at the South 1/4 corner of said
Section 9, thence N. 86.40'43"W., 603.07 ft. along the South line of Section 9 to the
Point of Beginning. Thence continuing along said line, N. 86-40'43"W., 1541.53 ft.,
thence N. 00.10'38"W., 61.11 ft., thence S. 86.40'43"E., 745.26 ft., thence N.
03.19'17"E., 154.00 ft., thence S. 86.40'43"E., 210.00 ft., thence N. 03.19'17"E., 376.60
ft., thence S. 86.40'43"E., 590.00 ft., thence S. 03.19'17"W., 591.60 ft. to the Point of
Beginning and containing 10.08 acres. Subject to an easement for ingress and egress
over the following described portion of said property; Commencing at the South IA
corner of Section 9, thence N. 86.40'43"W., 1403.07 ft. along the South line of Section 9
to the Point of Beginning; thence continuing along said line, N. 86.40'43"W., 741.53 ft.;
thence N. 01.10'38"W., 61.11 ft.; thence S. 86.40'43"E., 745.26 ft.; thence S.
03.19'17"W., 60.00 ft. to the Point of Beginning. Also, subject to the rights of the public
in Stoney Creek Road.
EXHIBIT B
TO
DECLARATION OF CHARITABLE GIFT
WARRANTY DEED
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: That Oakland Explorations LLC, a Michigan
limited liability company ("Grantor), whose address is 3005 University Drive, Auburn Hills,
Michigan 48326, Conveys and Warrants to the County of Oakland, a Michigan Constitutional
Corporation, ("Grantee"), whose address is 1 Public Works Drive,Waterford, Michigan 48328,
the premises situated in the Township of Oakland, County of Oakland, and State of Michigan
and described as follows:
SEE ATTACHED EXHIBIT A
Parcel Identification Number - - - , and more commonly known as
, for the full consideration of One Dollar ($1.00).
The Grantor intends by the execution and delivery of this Warranty Deed to convey all
rights to subsurface water which are appurtenant to and associated with the property hereby
conveyed.
The Grantor grants to the Grantee the right to make all divisions under Section 108 of
the Land Division Act, Act No. 288 of the Public Acts of 1967.
This property may be located within the vicinity of farmland or a farm operation.
Generally accepted agricultural and management practices which may generate noise, dust,
odors, and other associated conditions may be used and are protected by the Michigan Right to
Farm Act.
Dated this day of , 2007.
Signed by:
OAKLAND EXPLORATIONS LLC, a
Michigan limited liability company,
Grantor
By:
Dominic J. Moceri, Manager
STATE OF MICHIGAN
) ss
COUNTY OF OAKLAND
Notary Public,
My commission expires:
Acting in
Send subsequent tax bills to:
Grantee
Drafted by:
Edward F. Kickham, Esq.
Kickham Hanley P.C.
32121 Woodward Avenue, Su
300
Royal Oak, Michigan 48073
(248) 554-6300
The foregoing instrument was acknowledged before me this day of
2007, by Dominic J. Moceri, Manager of Michigan Explorations LLC, a Michigan limited liability
company, Grantor, on behalf of Grantor.
County, Michigan
County, Michigan
County Treasurer's Certificate
When recorded return to:
Edward F. Kickham, Esq.
Kickham Hanley P.C.
32121 Woodward Avenue, Suite
300
Royal Oak, Michigan 48073
(248) 554-6300
and return a copy to:
Oakland County
Facilities Management
Attention: Michael Hughson
One Public Works Drive
Waterford , MI 48238
Recording Fee: $
MCL 207.505(a)
City Treasurer's Certificate
Transfer Tax: Exempt pursuant to MCL 207.526(a) and
EXHIBIT A
PROPERTY DESCRIPTION
A part of the Southwest '/4 of Section 9, T.4N., R.11E., Oakland Township, Oakland
County, Michigan being described as: Commencing at the South Vt corner of said
Section 9, thence N. 86.40'43"W., 603.07 ft. along the South line of Section 9 to the
Point of Beginning. Thence continuing along said line, N. 86.40'43"W., 1541.53 ft.,
thence N. 00.10'38"W., 61.11 ft., thence S. 86.40'43"E., 745.26 ft., thence N.
03.19'17"E., 154.00 ft., thence S. 86.40'43"E., 210.00 ft., thence N. 03.19'17"E., 376.60
ft., thence S. 86.40'43"E., 590.00 ft., thence S. 03.19'17"W., 591.60 ft. to the Point of
Beginning and containing 10.08 acres. Subject to an easement for ingress and egress
over the following described portion of said property: Commencing at the South 1/4
corner of Section 9, thence N. 86.40'43"W., 1403.07 ft. along the South line of Section 9
to the Point of Beginning; thence continuing along said line, N. 86.40'43"W., 741.53 ft.;
thence N. 01.10'38"W., 61.11 ft.; thence S. 86-40'43"E., 745.26 ft.; thence S.
03.19'17"W., 60.00 ft. to the Point of Beginning. Also, subject to the rights of the public
in Stoney Creek Road.
EXHIBIT C
TO
DECLARATION OF CHARITABLE GIFT
ASSIGNMENT AND BILL OF SALE
For the full consideration of One Dollar ($1.00), Oakland Explorations LLC, a Michigan
limited liability company, whose address is 3005 University Drive, Auburn Hills, Michigan 48326
(the "Donor"), hereby transfers and assigns to the County of Oakland, a Michigan Constitutional
and Municipal Corporation, by and through the Oakland County Drain Commissioner, whose
address is 1 Public Works Drive, Waterford, Michigan 48328 (the "Donee"), all water distribution
equipment, consisting of two (2) 16-inch diameter drilled water wells (the "Equipment"), located
on real estate situated in the Township of Oakland, County of Oakland, and State of Michigan,
and more particularly described on the attached Exhibit A (the "Property").
The Donor represents and warrants that title to the Equipment which is transferred and
assigned by the Donor to the Donee pursuant to this Assignment and Bill of Sale is held by the
Donor and that the Equipment is conveyed free and clear of all mortgages, liens, claims,
demands, charges, options, equity interests, leases, tenancies, pledges, security interests, and
other encumbrances, exclusive of any easements or restrictions of record; provided, however,
that the Equipment is transferred and assigned in an as-is condition, based upon an inspection
by the Donee, and without any representation or warranty as to suitability for any use, condition,
or otherwise, by the Donor.
OAKLAND EXPLORATIONS LLC, a Michigan
limited liability company, Grantor
By:
Dominic J. Moceri, Manager
STATE OF MICHIGAN
) ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
2007, by Dominic J. Moceri, Manager of Michigan Explorations LLC, a Michigan limited liability
company, Grantor, on behalf of Grantor.
Notary Public, County, Michigan
My commission expires:
Acting in County, Michigan
EXHIBIT D
TO
DECLARATION OF CHARITABLE GIFT
INTERNAL REVENUE SERVICE FORM 8283
Application for LAND DIVISION/LOT LINE RECONFIGURATION
Charter Township of Oakland
4393 Collins Road
Rochester, Michigan 48306
(248) 651-4440
mail (oaklandtownship.org
Applicant Name:
Oakland Explorations LLC
Address:
City
State
Zip
Phone Number
1005 University Drive
Auburn Hills
Michigan
48326
248-.340-9400
Facsimile Number 2480340-9401
Email Address davegmoceri.com
Existing Parcel Information:
Parcel # 10-09-300-002 Acres 150.525 Parcel #
Acres
Parcel # Acres Parcel # Acres
Proposed Parcel Tnformation:
Parcel A Acres 128.02 Parcel B 10.08 Acres
Parcel Acres 12.42 Parcel Acres
Refer to Article III, Section (2), Page 7 of Ordinance 78 for required submittals.
The undersigned does hereby file this application in accordance with the procedures of Oakland
awnship,Orti*nce Number 78, Lend Division and Parcel Use.
Signature 04tio v4,44 c
tadj Subscnbed and swo to before me this
.1'11 day ot5esPieMbat , 20 (5)
My commission expires:
9- if-2aai
Date
MARTHA DIEHL
Notary Public, State of Michigan
County of Oakland
. My Commission Expires Apr, 4, 2012 Acting in the County offlaeloryi
P•44g 6-Z " 4 4
Parcel 1110-09-300-002, Remainder After First Release
A part of the Southwest Quarter of Section 9, T-4-N, R-11-E, Oakland Township,
Oakland County, Michigan being described as: Commencing at the Southwest corner of
said section 9, thence North 00 Degrees, 10 Minutes, 38 Seconds West, 723.51' along the
west line of said section to the point of beginning, thence continuing along said line,
North 00 Degrees, 10 Minutes, 38 Seconds West, 1042.07', thence South 85 Degrees, 20
Minutes, 18 Seconds East, 990.00', thence North 00 Degrees, 10 Minutes, 38 Seconds
West, 880.00' to the east-west quarter line of section 9, thence South 85 Degrees, 20
Minutes, 18 Seconds East, 1843.01' along said line to the center of section 9, thence
South 01 Degrees, 05 Minutes, 29 Seconds East, 2582.04' along the east line of section 9
to the south quarter corner of section 9, thence North 86 Degrees, 40 Minutes, 43
Seconds West 603.07' along the south line of section 9, said line being also the center line
of Stoney Creek Rd., 66' wide, thence North 03 Degrees, 19 Minutes, 17 Seconds East,
591.60', thence North 86 Degrees, 40 Minutes, 43 Seconds West, 590.00', Thence South
03 Degrees, 19 Minutes, 17 Seconds West, 376.60', thence North 86 Degrees, 40
Minutes, 43 Seconds West, 210.00', thence South 03 Degrees, 19 Minutes, 17 Seconds
West, 154.00' to a point on a line being 61' north of and Parallel to the south line of
section 9, thence North 86 Degrees, 40 Minutes, 43 Seconds West, 745.26' along said
line, thence North 01 Degrees, 10 Minutes, 38 Seconds West, 709.66', thence South 89
Degrees, 34 Minutes, 57 Seconds West, 723.51' to the point of beginning and containing
128.02 acres. Together with an easement for ingress & egress being described as:
Commencing @ the southwest corner of section 9. thence South 86 Degrees, 40 Minutes,
43 Seconds , East, 724.85' along the south line of section 9 to the point of beginning :
thence North 00 Degrees, 10 Minutes, 38 Seconds West, 61.11'; thence South 86
Degrees, 40 Minutes, 43 Seconds East, 745.26' along a line 61' north of and parallel to
the south line of section 9 ; thence south 03 Degrees 19 Minutes, 17 Seconds West, 61.00'
to the south line of section 9 ; thence North 86 Degrees 40 Minutes, 43 Seconds West,
741.53' along said line to the point of beginning. Subject to the rights of the public in
Lake George Rd. & Stoney Creek Rd.
A126 eZ ".a "
LEGAL DESCRIPTION
PROPOSED WELLHOUSE & WATER STORAGE SITE
A part of the southwest 'A of Section 9, T-4-N, R-11-E, Oakland
Township, Oakland County, Michigan being described as:
Commencing @ the south% corner of said section 9, thence
North 86 Degrees,40 Minutes, 43 Seconds West, 603.07' along
the south line of section 9 to the point of beginning. Thence
continuing along said line, North 86 Degrees 40 Minutes 43
Seconds West, 1541.53', thence North 00 Degrees 10 Minutes 38
Seconds West, 61.11', thence South 86 Degrees 40 Minutes 43
Seconds East, 745.26", thence North 03 Degrees 19 Minutes 17
Seconds East, 154.00', thence South 86 Degrees 40 Minutes 43
Seconds East, 210.00', thence North 03 Degrees 19 Minutes 17
Seconds East 376.60', thence South 86 Degrees 40 Minutes 43
Seconds East, 590.00', thence South 03 Degrees 19 Minutes 17
Seconds East 591.60' to the point of beginning & containing
10.08 acres. Subject to an easement for ingress & egress over the
following described portion of said property: Commencing ® the
South 1/4 corner of section 9, thence North 86 Degrees 40
Minutes 43 Seconds West 1403.07' along the south line of
section 9 to the point of beginning; thence continuing along said
line, North 86 Degrees 40 Minutes 43 Seconds West, 741.53';
thence North 01 Degrees 10 Minutes 38 Seconds West, 61.11';
thence South 86 Degrees 40 Minutes 43 Seconds East, 745.26';
thence South 03 Degrees 19 Minutes 17 Seconds West, 60.00' to
the point of beginning. Also, subject to the rights of the public in
Stoney Creek Road
/o4ica.z. *c
•
LEGAL DESCRIPTION
OAKLANDS EXPLORATION PROPERTY
LESS THE WELLS1TE
A part of the Southwest 1/4 of Section 9, T-4-N, RI 1 -E, Oakland Township, Oakland
County, Michigan being described as: Beginning at the southwest corner of section 9;
thence North 00 Degrees 10 Minutes 38 Seconds West, 723.51 along the westerly line of
section 9, said line being also the centerline of Lake George Rd., 66' wide; thence
North 89 Degrees 34 Minutes 57 Seconds East, 723.51' ; thence South 00 Degrees 38
Minutes 10 Seconds East, 767.77 to a point on the southerly line of section 9 ; Said line
being also the center line of Stoney Creek Rd., 66' wide, thence North 86 Degrees 40
Minutes 43 Seconds West, 724.85' along said line to the point of beginning and
containing 12.42 acres. Subject to the rights of the public hi Lake George Rd & Stoney
Creek Rd.
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SEE ATTACHED LEGAL DESCRIPTIONS OF PARCEL SPLITS
SKETCH OF PARCEL SPLITS
SOUTHWEST QUARTER OF SECTION 9
T-4-N1 R-1I-E OAKLAND TOWNSHIP
Resolution #07247 October 18, 2007
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #07247) November 1, 2007
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: FACILITIES AND MAINTENANCE OPERATIONS AND DRAIN COMMISSIONER -
OAKLAND COUNTY - OAKLAND TOWNSHIP WATER SUPPLY SYSTEM, RESOLUTION
ACCEPTING DONATION OF 10.08 ACRES AND AQUIFER LOCATED AT STONEY CREEK
AND LAKE GEORGE, OAKLAND TOWNSHIP, MICHIGAN.
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
This resolution approves the donation of l'ax Parcel No. 10-
09-300-005 from the Oakland Explorations Limited Liability
Company ;Donor) to the County of Oakland ;Donee) for the
sum of $1.00.
2. The intent of the parties is to treat the transfer as a
charitable contribution pursuant to Section 107 of the
Internal Revenue Code of 1986, as amended.
3. Oakland Explorations Limited Liability Company will give up
its title, interest, water rights and well water equipment
in the property through this donation.
4. The County of Oakland will accept the property as a
separate property subject to the Donor providing a Phase
One Environmental Site Assessment that does not identify
any adverse environmental conditions on the property.
5. The land is to be recorded as an asset in the Oakland
Township Water Supply System after approval of all
documents relating to transfer and charitable donation are
executed.
6. Future expenses that are the resconsibility of the donee
shall come from Oakland Township Water Supply System.
7. No County General Fund mcnies required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #07247 November 1, 2007
Moved by Potts supported by Greimel the resolutions (with fiscal notes attached) on the Consent Agenda,
be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted and appointments being confirmed).
Ai2.‘
I HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 1, 2007,
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 County of Oakland at Pontiac,
Michigan this 1st day of November, 2007. e ..0 ,
Ruth'' "a ;County Clerk