HomeMy WebLinkAboutResolutions - 2008.12.11 - 9421MISCELLANEOUS RESOLUTION # 08263 November 20, 2008
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY
INTERNATIONAL AIRPORT — REQUEST TO GRANT EASEMENT FOR UNDERGROUND
ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY — OAKLAND COUNTY
INTERNATIONAL AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen .
WHEREAS, the County of Oakland is the owner of the Oakland County International
Airport located in the Township of Waterford; and
WHEREAS, pursuant to the terms and conditions of a land lease between the County of
Oakland and Corporate Air Hangar IL LLC, a new hangar and related facilities has been
constructed by Corporate Air Hangar II, LLC at the Oakland County International Airport; and
WHEREAS, the Detroit Edison Company is in the process of providing electrical service to
a new hangar and has requested that the County of Oakland grant a 10-ft. wide easement for
underground electric service; and
WHEREAS. the Oakland County Airport Committee staff and the Detroit • Edison
Company have agreed upon a route for the said underground electric service, which will provide
electric service inclusive of a new transformer at the Oakland County International Airport; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes and approves the granting of the attached easement for underground electric
service and related appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or designee to execute the attached easement for underground electric
service and related appurtenances.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jacobsen ; Gingell, Gershenson and Woodward
absent,
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 28142441-28142488)
THIS EASEMENT IN GROSS located at the Oakland County International Airport, is granted this
day of 2008 by the County of Oakland, a Michigan Constitutional
Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred
to as 'Grantor) to the Detroit Edison Company, a Michigan Corporation, whose address is 2000
Second Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein,
Grantor does hereby grant to the Grantee, and the Grantee does hereby accept the right to construct,
operate, maintain, repair and/or replace underground electric utility line facilities and related
appurtenances, and to provide the Grantee with access to the parcels described in Section 1 and Exhibit
A, for the limited purpose of maintaining said underground electric utility line facilities and related
appurtenances:
1. Parcel Number(s): 13-17-400-003, Part.
2. Grantor's Land is located in the Township of Waterford, Oakland County, Michigan and is
known as part of the Oakland County International Airport described as: See attached
Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 7), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of underground electric utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. Linder no circumstances can the easement be used for any other
purpose than underground electric utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property to
access the Easement in Gross area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said underground electric utility line facilities and related
appurtenances. However, Grantee shall not perform any maintenance and/or construction
activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits,
pipes, cables, transformers and accessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 10 -ft. wide
permanent (subject to Section 7), non -exclusive Easement in Grass—as—described in the attached
Exhibit A for the construction, operation, maintenance, reptacerrrent-and-removal of said
underground electric utility line facilities and related appurtenances, as shown on the attached
drawing no. 28142441 -28142488. (Exhibit B)
6. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots in the Easement in Gross area that
Grantee reasonably believes could interfere with the safe and reliable construction, operation and
maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or
installed within eight (8) feet of the front door and within two (2) feet of the sides of transformers
and switching cabinet enclosures.
7. Interest in Realty: This Grant and Conveyance of an Easement in Gross shall be binding upon
and inure to the benefit of the Grantor and Grantee, their, representatives, successors and
assigns, and the covenants and grants contained herein shall not benefit any appurtenant parcel
of land, and shall only extend to the use of said Easement in Gross for underground electric utility
line facilities. In the event that Grantee, its heirs, representatives, successors -arrd-assiyns si tall
no longer require the use of said Easement in Gross for the purposes desciibed I lei din, said
Easement in Gross shall be Ls)! 'ski= tid dbai !cloned, and the Easement in Gross shall terminate
and be extinguished and, the land shall revert back to Grantor. its heirs, representatives,
successors or assigns, with no interest remaining in Grantee. If this should occur, then upon the
request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no
Release of Easement in Gross is provided to the Grantor will d I easonelile period of time, the
Grantor may file with the Oakland County Register of Deeds an Abandonment of Easement in
Gross which shall act in place of the Release of Easement in Gross, required. of the Grantee. If
•the Easement in Gross is abandoned, terminated or extinguished, then upon the request of
Grantor, the Grantee shall remove any structures in the Easement in Gross as requested by
Grantor, and restore the Easement in Gross to the condition it was in prior to the removal.
8. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor 's land while
entering Grantor's land for the purposes stated in this Easement in Gross, then Grantee will restore
Grantor's land as nearly as can be to its original condition, except those items which Section six (6)
of this Easement prohibits from being placed in the Easement in Gross or those items which
Section six (8) allows the Grantee to trim, cut down or remove.
9. Indemnification: Grantee shall indemnify the Grantor, its elected officials, officers, employees
and/or agents against, and shall forever hold them harmless from any and all losses, liability,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may
be brought or made, and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of Grantee its, officers, employees, agents, guests, visitors, invitees, or
licensees, arising out of the use of the Easement in gross or while coming upon the premises. In the
event that Grantor and Grantee are found resoonsible r le 11 same losses, liabilities, actions,
claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be
brought or made, and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of both of them, then the Grantee will indemnify Grantor only to the extent of
Grantee's proportional responsibility for the loss (es) culdivi us cibk.n...i.16d with the loss (es).
10. insurance: Grantee and its contractors. at their own expense, shall maintain the following self
insurance coverage's:
STATE OF MICHIGAN
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
$3,000,000 Combined Single Limit Commercial General liability Broad Form Endorsement/or the
following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional insureds - the County of Oakland, County Agents and employees and elected and
appointed officials of Oakland County;
Workers Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non-owned autos No Fault coverage as required by law; and General Certificates of
Insurance.
11. Permits: Grantee shall obtain the required permits, if applicable, from any other municipal or
• governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
BY:
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day of 2008, by
Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/512014
Acting in Oakland County
Grantee: Detroit Edison Company
By:
Its:
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
Notary Public
Acting in , County
The foregoing instrument was acknowledged before me this day of 2008,
by for and on behalf of the Detroit
Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226.
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to Darcy Stein, Detroit Edison Company, 37849 Interchange Dr., Farmington Hills, MI 48335.
Md10/22/08
EXHIBIT A
Part of Oakland County International Airport
Parcel No. 13-17-400-003
A 10.00-ft. wide easement the centerline of which is described as follows: Commencing at the Southeast
corner of Section 17, T3N, R9E, Waterford Township, Oakland County, Michigan. Thence S 87°4902"
W a distance of 2,013.00-ft along the South line of said Section 17; thence N 02°10 58" W a distance of
50.00-ft. to the point of beginning; thence N 0210'58" W, a distance of 238.00-ft. to a point; thence N
87°49'02 E a distance of 15,00-ft. to the point ending.
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EXHIBIT B
CENTER LINE DF LO FOOT lipLIE EASEMENT
THE LECATION OF THE EASEMENT CENTERLINE IS
DETERMINED V" THE GOICUIT AND TRANSFORMER PAD
AS INSTALLED BY THE PROPERTY OWNERS GONTRACTOR.
SECURE _LOFT . PPIVTE E ASEMENT
AS SHINN IN DRAWINii,
Resolution #08263 November 20, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #08263) December 11, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY
INTERNATIONAL AIRPORT — REQUEST TO GRANT EASEMENT FOR UNDERGROUND
ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - OAKLAND COUNTY
INTERNATIONAL AIRPORT
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;
1. A new hangar and related facilities have been constructed by Corporate Air
Hangar II , LLC at the Oakland County International Airport.
2. The Detroit Edison Company is in the process of providing electrical service to
the new hangar and has requested that Oakland County grant an easement for
underground electric service.
3. The resolution authorizes and approves the granting of an easement for
underground electric service and related appurtenances to the Detroit Edison
Company for the sum of one (1) dollar.
4. No General Fund/General Purpose amendment is recommended.
FINl C E COMMITTEE
,1----
_x i
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter, Coulter,
Woodward and Greimel absent.
December 11, 2008
Moved by Rogers supported by Clark the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
Resolution #08263
AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
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).
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 December
11, 2008, 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 11th day of December, 2008.
Gat
Ruth Johnson, County Clerk