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HomeMy WebLinkAboutResolutions - 2008.01.17 - 9464MISCELLANEOUS RESOLUTION i08012 January 17, 2008 BY: General Government Committee, Christine Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION — APPROVAL OF CONVEYANCE OF MINERAL ROYALTY DEED TO THE STATE OF MICHIGAN — HIGHLAND OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution No. TF05-032 the Oakland County Board of Commissioners accepted a Michigan Department of Natural Resources Trust Fund Grant Agreement, which provided partial funding for the acquisition of land to establish Highland Oaks County Park; and WHEREAS, the terms and conditions of said grant agreement require the County to convey a Mineral Royalty Interest Deed to the state representing a 1/6 interest in all gas, oil or mineral royalties produced from the land; and WHEREAS, the Oakland County Parks and Recreation Commission on December 12, 2007 supported the conveyance of said Mineral Royalty Interest Deed to the State of Michigan; and WHEREAS, the attached Mineral Royalty Interest Deed has been approved by Oakland County Corporation Counsel and the State of Michigan Department of Natural Resources. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the conveyance of a 1/6 interest in all gas, oil or mineral royalties produced from the land of Highland Oaks County Park to the State of Michigan via the attached Mineral Royalty Interest Deed. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Mineral Royalty Interest Deed and all other documents, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee: Motion carried unanimously on a roll call vote with Suarez and Greimel absent. RESOLUTION WHEREAS, pursuant to Miscellaneous Resolution No. 07016 the Oakland County Board of Commissioners accepted a Michigan Department of Natural Resources Trust Fund Grant Agreement, which provided partial funding for the acquisition of land to establish Highland Oaks County Park; and WHEREAS, the terms and conditions of said grant agreement require the County to convey a Mineral Royalty Interest Deed to the state representing a 1/6 interest in all gas, oil or mineral rights produced from the land; and WHEREAS, the attached Mineral Royalty Interest Deed has been approved by Oakland County Corporation Counsel and the State of Michigan Department of Natural Resources. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve the conveyance of a 1/6 interest in all gas, oil or minerals produced from the land of Highland Oaks County Park to the State of Michigan via the attached Mineral Royalty Interest Deed. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission recommends the County of Oakland Board of Commissioners direct its Chairperson or his designee to execute the attached Mineral Royalty Interest Deed and all other documents, which may be required. Moved by /A Seconded by z--- Date: g(4721e41-ki '-7, c,90D 7 16-2 114Data\My documents\Resolutions\200710172007 Highland Mineral Royalty Deed.doc Oakland County Department of Facilities Management January 7, 2008 REQUEST TO CONVEY MINERAL ROYALTY DEED TO STATE OF MICHIGAN Highland Oaks County Park Pursuant to Miscellaneous Resolution No. 07016 the Oakland County Board of Commissioners approved and accepted Michigan Department of Natural Resources Trust Fund Grant Agreement No. TF05-032, which provided forty percent of the funding for the purchase of land to establish Highland Oaks County Park. The terms and conditions of the grant agreement require the County to convey a Mineral Royalty Interest Deed to the state representing a 1/6 interest in all gas, oil or mineral royalties produced from the land. On December 12, 2007 the Oakland County Parks and Recreation Commission recommended approval of the conveyance of a 1/6 interest in all gas, oil or mineral royalties to the State of Michigan. The attached Mineral Royalty Interest Deed has been reviewed and approved by Oakland County Corporation Counsel and the Michigan Department of Natural resources. Recommendation It is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners approve the conveyance of the attached Mineral Royalty Interest Deed to the State of Michigan. Mdh12/13/07 MINERAL ROYALTY INTEREST DEED TF05-032 KNOW ALL MEN BY THESE PRESENTS that the County of Oakland, a Michigan Municipal and Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 Convey to, the State of Michigan, whose address is Post Office Box 30448, Lansing, Michigan 48909-7948 a perpetual nonparticipating royalty equal to 1/6 of the gross proceeds of the sale of all oil and/or gas or other minerals produced and saved in any combination from the mineral rights in lands described in Exhibit A attached hereto. This conveyed royalty shall be determined and paid pursuant to the terms specified in Exhibit B attached hereto. The terms of this conveyance shall extend to the heirs, executors, administrators, successors and assigns of the parties hereto over the following described premises situated in the Township of Highland, County of Oakland, State of Michigan, to-wit: See Attached Exhibit A for Legal Description and Tax Parcel Identification Nos. Commonly known as: Vacant Milford Road. For and in consideration of the sum of $1.00. Subject to existing building and use restrictions, easements and zoning ordinances if any. By: The County of Oakland a Michigan Municipal and Constitutional Corporation Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN COUNTY OF OAKLAND The foregoing instrument was acknowledged before me in Oakland County this day of 2008, by Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners. Drafted by: Michael Hughson I Public Works Dr. Waterford, Mi. 48328 After recording return to: Grants Mgt. Division Michigan Dept. of Natural Resources PO Box 30425 Lansing, MI 48909-7925 Michael D. Hughson, Notary Public Oakland County, Michigan acting in Oakland County, Michigan. My commission expires: 5/5/2008. Exhibit "B" of the Mineral Interest Deed NONPARTICIPATING ROYALTY PAYMENT TERMS 1. Definitions: a. "Gas" means a mixture of hydrocarbons and varying quantities of nonhydrocarbons in a gaseous state which may or may not be associated with oil, including those liquids resulting from condensations; including, but not limited to, natural gas and casinghead gas. b. "Gross Proceeds" means the total moneys and other consideration accruing to an oil and gas Lessee for the disposition of the oil, gas, or plant products produced. Gross proceeds includes, but is not limited to, payments to the lessee for certain services such as compression, dehydration, measurements, and/or gathering which the Lessee is obligated to perform at no cost to the Nonparticipating Royalty Owner to place lease products in marketable condition. Where lease products are sold to an affiliated person or entity, gross proceeds are equivalent to the gross proceeds derived from, or paid under, comparable arm's-length contracts for purchases, sales, or other dispositions of like-quality lease products from the same filed or area. In evaluating the comparability of arm's-length contracts for purposes of this Agreement, the following factors shall be considered: price, time of execution, duration, market or markets served, terms ,quality, volume, posted prices, prices received for arm's-length spot sales, other reliable public sources of price or market information, and such other factors as may be appropriate. c. "Lease Products" means any leased minerals attributable to, originating from, or allocated to this lease. d. "Marketable Condition" for gas means sufficiently free from impurities, except CO2, H2S, and N2, and otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for the field or area. e. "Marketable Condition" for oil means sufficiently free from impurities and otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for the field or area. f. "Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoir, including but not limited to, oil, casinghead gasoline, drip gasoline and natural gasoline extracted from natural gas. 2. Royalties The Nonparticipating Royalty shall be determined and paid as follows: a. The Nonparticipating Royalty Owner shall be paid a royalty equal to one-sixth (1/6 th) of the gross proceeds of sale of all oil and/or gas produced and saved in any combination from the leased premises as further set forth below. b. The lease products shall be placed in marketable condition at no cost to the Nonparticipating Royalty Interest Holder. The value of gross proceeds shall be increased to the extent that the gross proceeds have been reduced because the purchaser, or any other person, is providing certain services the cost of which is the responsibility of the Landowner to place products in marketable condition. c. At the sole option of the Nonparticipating Royalty Owner, and in lieu of royalty payments upon oil and/or gas produced and saved, the Nonparticipating Royalty Owner shall be delivered the credit free of cost the equal one-sixth (1/6th) part of all oil and/or gas produced and saved under the terms of the lease to facilities to which the wells may be connected. NON PARTICIPATING ROYALTY INTEREST PAYMENT TERMS — (Continued) d. Payments specified must be made within 60 days following oil production sale or the gas and/or plant products sale. Payments made after the due date shall include interest at the rate of 1.5% per month, or at the maximum legal rate, whichever is less, on the amount of royalty unpaid. A full month's interest will be charged for late payments received during any portion of the month in which late payment is received. e. Should oil be produced from any well, the gross proceeds of sale of lease produces of such oil shall be free to the Nonparticipating Royalty Owner of any cost to whichever point is first encountered: 1) the point of sale to an independent nonaffiliated third party purchaser; or 2) to an affiliated purchaser, provided the sale is at prevailing market rates; or 3) the point of entry into an independent non affiliated third party owned pipeline system; or 4) the point of entry into an affiliate-owned pipeline system, provided transportation rates are at prevailing market rates. Upon request by the Nonparticipating Royalty Owner, written justification of charges must be submitted and agreed to in writing by the Nonparticipating Royalty Owner. f. Should gas, including casinghead gas, be produced and saved from any well, the gross proceeds of sale of lease products of said gas shall be free to the Nonparticipating Royalty Owner of any cost whichever point is first encountered: 1) the point of entry into a facility to remove CO2, H2S, and N2, or obtain plant products; or 2) the point of entry into an independent non affiliated third party-owned pipeline system; or, 3) the point of entry into a pipeline system owned by a gas distribution company, or any subsidiary of such gas distribution company, which is regulated by the Michigan Public Service Commission; or 4) the point of entry into an affiliated pipeline system, if the rates charged by such pipeline system have been approved by the Michigan Public Service Commission, or if the rates charged are reasonable, as compared to independent pipeline systems, base on such pipeline system's location, distance, cost of service and other pertinent factors. Upon request by the Nonparticipating Royalty Owner, written justification of charges must be submitted and agreed to in writing by the Nonparticipating Royalty Owner. All royalties accruing to the Nonparticipating Royalty Owner herein shall be without deduction of any costs incurred except as agreed herein. Nonparticipating Royalty Owner's royalty is to be free and clear of all costs, claims, charges and expenses of any nature, including third party post-production costs on or off the premises except as herein provided, and except for the reasonable costs of CO2, H2S, and N2 removal there shall be no deduction for the cost of gathering, separating, dehydrating, compressing or treating the gas to make it marketable. There shall be no deduction for transportation costs prior to entry of gas into a pipeline system as set forth in 2.1 (2) through (4) without the prior written consent of the Nonparticipating Royalty Owner. As the State of Michigan is not liable for any taxes, no deduction for any taxes may be made in computing the Nonparticipating Royalty to the State. Mh9/ 1 0/07 g. Highland Hye Company, LLC Property Legal Descriptions File Number: 60727 Exhibit A - LEGAL DESCRIPTION Tax Identification Number: SEE LEGAL DESCRIPTIONS Land situated in the Township of Highland, in the County of Oakland, State of Michigan is described as follows: PARCEL 1:11-03-400-009 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 89 degrees 12 minutes 34 seconds West 1864.76 feet along the South line of Section 3; thence North 62 degrees 32 minutes 55 seconds West 630.00 feet from the South-East corner of Section 3; thence North 62 degrees 32 minutes 55 seconds West 80.00 feet; thence along a curve to the left with an arc distance of 105.39 feet (radius = 240.00 feet, chord distance = 104.55 feet, chord bearing = North 75 degrees 07 minutes 44 seconds West); thence South 01 degrees 18 minutes 39 seconds West 344.03 feet to the South one-quarter corner of said Section; thence along the South line of Section 3, North 89 degrees 33 minutes 46 seconds West 231.25 feet to a point on the East Right of Way line of the C.S.X Railroad; thence along said Right of Way, North 12 degrees 56 minutes 57 seconds East 1326.32 feet; thence along a curve to the left with an arc distance of 542.11 feet (radius = 2914.93 feet, chord distance = 541.33 feet, chord bearing North 07 degrees 37 minutes 17 seconds East); thence South 64 degrees 04 minutes 00 seconds East 830.00 feet; thence South 56 degrees 56 minutes 15 seconds West 523.98 feet; thence South 16 degrees 23 minutes 01 seconds West 940.00 feet to the point of beginning, containing 699,136 square feet or 16.05 acres of land. Subject to the Rights of the Public and that part of Milford Road used for road purposes. • PARCEL 2:11-03-400-010 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 89 degrees 12 minutes 34 seconds West 1733.00 feet along the South line of Section 3 from the South East corner of Section 3; thence along said Section line North 89 degrees 12 minutes 34 seconds West 131.76 feet; thence North 62 degrees 32 minutes 55 seconds West 630.00 feet; thence North 16 degrees 23 minutes 01 seconds East 940.00; thence North 56 degrees 66 minutes 15 seconds East 523.98 feet; thence South 01 degrees 40 minutes 07 seconds East 460.49 feet; thence South 01 degrees 30 minutes 36 seconds West 1020.00 feet to the point of beginning, containing 704,909 square feet or 16.18 acres of land. Subject to the Rights of the Public and that part of Milford Road used for road purposes. PARCEL 9:11-03-400-012 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 01 degrees 30 minutes 36 seconds East 1882.00 along the East line of Section 3 from the South East corner of said Section; thence North 89 degrees 12 minutes 34 seconds West 1075.00 feet; thence South 60 degrees 31 minutes 19 seconds West 797.27 feet; thence North 29 degrees 01 minutes 05 seconds East 1301.89 feet; thence along a curve to the right with an arc distance of 153.00 feet (radius = 560.00 feet, chord distance = 152.52 feet, chord bearing = South 28 degrees 38 minutes 58 seconds East); thence along a curve to the left with an arc distance of 429.69 feet (radius = 360.00 feet, chord distance = 404.63 feet, chord bearing = South 55 degrees 00 minutes 67 seconds East); thence South 89 degrees 12 minutes 34 seconds East 743.00 feet to a point on the East line of said Section; thence along the East line of said Section South 01 degrees 30 minutes 36 seconds West 385.00 feet to the point of beginning, containing 730,384 square feet or 16.77 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes. PARCEL 10: 11-03-200-014 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at the East one-quarter corner of said Section; thence along the East line of said Section South 01 degrees 30 minutes 36 seconds West 371.87 feet; thence North 89 degrees 12 minutes 34 seconds West 425.00 feet thence North 01 degrees 07 minutes 18 seconds East 1190.81 feet; thence South 88 degrees 51 minutes 08 seconds East 425.00 feet to a point on the East line of said Section; thence South 00 degrees 56 minutes 43 seconds West 816.30 feet to the point of beginning, containing 507,038 square feet or 11.64 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes also subject to an File Number: 60727 easement for ingress and egress to the described land and land of others over the Southerly 30.00 feet thereof. . PARCEL 11; 11-03-200-013 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant South 01 degrees 30 minutes 36 seconds West 371.87 feet thence North 89 degrees 12 minutes 34 seconds West 425.00 feet from the East one-quarter corner of said Section; thence North 89 degrees 12 minutes 34 seconds West 318.00 feet; thence along a curve to the right with an arc distance of 58.58 feet (radius = 360.00 feet, chord distance 58.52, chord bearing = North 84 degrees 32 minutes 51 seconds West); thence North 00 degrees 56 minutes 43 seconds East 1188.40 feet thence South 88 degrees 51 minutes 08 seconds East 380.00 feet; thence South 01 degrees 07 minutes 18 seconds West 1190.81 feet to the point of beginning, containing 450,675 square feet or 10.35 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Southerly 30.00 feet thereof. PARCEL 12: 11-03-200-012 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 816.30 feet along the East line of said Section; thence North 88 degrees 51 minutes 08 seconds West 805.00 feet from the East one-quarter corner of said Section; thence South 00 degrees 56 minutes 43 seconds West 1188.40 feet; thence along a curve to the right with an arc distance of 371.11 feet (radius = 360.00, chord distance = 354.89 feet, chord bearing = North 50 degrees 21 minutes 15 seconds West); thence along a curve to the left with an arc distance of 371.32 (radius = 840.00, chord distance = 364.56 feet, chord bearing = North 09 degrees 48 minutes 05 seconds West); thence North 00 degrees 56 minutes 43 seconds East 692.21 feet; thence South 88 degrees 51 minutes 08 seconds East 515.00 feet to the point of beginning, containing 499,847 square feet or 11.47 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Southwesterly 30.00 feet thereof. PARCEL 13: 11-03-200-011 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 816.30 feet along the East line of Section 3 from the East one-quarter corner of said Section; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet thence North 00 degrees 56 minutes 43 seconds East 555.00 feet thence South 88 degrees 51 minutes 08 seconds East 1320.00 feet thence along the East line of said Section South 00 degrees 56 minutes 43 seconds West 555.00 feet to the point of beginning, containing 732,600 square feet or 16.82 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes. PARCEL 14:11-03-200-008 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 1371.30 feet, along the East line of Section 3 from the East one-quarter corner of said Section; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet, thence North 00 degrees 56 minutes 43 seconds East 420.00 feet thence South 88 degrees 51 minutes 08 seconds East 1320.00 feet thence along the East line of said Section South 00 degrees 56 minutes 43 seconds West 420.00 feet to the point of beginning, containing 554,400 square feet or 12.73 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes. PARCEL 15: 11-03-200-007 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 1791.30 feet along the East line of Section 3 from the East one-quarter comer of said Section; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet; thence North 00 degrees 56 minutes 43 seconds East 419.69 feet thence South 88 degrees 51 minutes 08 seconds East 1320.00 feet thence along the East line of said Section South 00 degrees 56 minutes 43 seconds West 419.69 feet to the point of beginning containing 553,991 square feet or 12.72 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes. PARCEL 16:11-03-200-005 File Number: 60727 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland Company, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99 feet along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet from the East one-quarter corner of said Section; thence South 00 degrees 56 minutes 43 seconds West 1062.00 feet; thence North 88 degrees 51 minutes 08 seconds West 614.00 feet thence North 00 degrees 57 minutes 03 seconds East 1062.00 feet; thence South 88 degrees 51 minutes 08 seconds East 613.90 feet to the point of beginning containing 652,010 square feet or 14.97 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Westerly 30.00 feet thereof. PARCEL 17: 11-03-200-005 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99 feet along the East line of Section 3; thence South 88 degrees 51 minutes 08 seconds West 1933.90 feet from the East one-quarter corner of said Section; thence South 00 degrees 57 minutes 03 seconds West 990.00; thence North 88 degrees 51 minutes 08 seconds West 585.04 feet to a point on the Easterly Right of Way line of the C.S.X. Railroad; thence along said Right of Way, North 01 degrees 00 minutes 57 seconds East 990.00 feet; thence South 88 degrees 51 minutes 08 seconds East 583.92 feet to the point of beginning containing 578,629 square feet or 13.28 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Easterly 30.00 feet thereof. PARCEL 18: 11-03-200-010 A parcel of land in the East one-half of the fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds, East 2210.99 along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet; thence South 00 degrees 56 minutes 43 seconds West 1062.00 feet from the East one-quarter corner of said Section; thence South 00 degrees 56 minutes 43 seconds West 1024.90 feet; thence along an arc to the left with an arc distance of 284.50 feet (radius = 560.00 feet, chord distance = 281.45 feet, chord bearing = North 73 degrees 22 minutes 04 seconds West); thence along a curve to the right with an arc distance of 542.89 feet (radius = 350.00, chord distance = 490.08 feet, chord bearing = North 43 degrees 29 minutes 09 seconds West); thence North 00 degrees 57 minutes 03 seconds East 601.00 feet; thence South 88 degrees 51 minutes 08 seconds East 614.00 feet to the point of beginning containing 563,922 square feet or 12.95 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Southerly and Westerly 30.00 feet thereof. PARCEL 19: 11-03-200-009 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99 feet along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1933.90 feet; thence South 00 degrees 57 minutes 03 seconds West 990.00 feet from the East one-quarter corner of said Section; thence South 00 degrees 57 minutes 03 seconds West 673.00 feet; thence along a curve to the left with an arc distance of 260.79 feet (radius = 350.00 feet, chord distance = 254.80 feet, chord bearing = South 20 degrees 23 minutes 44 seconds East); thence North 88 degrees 51 minutes 08 seconds, West 678.82 feet to a point on the East Right of Way line of the C.S.X. Railroad; thence along said Right of Way North 01 degrees 00 minutes 57 seconds East 910.00 feet thence South 88 degrees 51 minutes 08 seconds East 585.04 to the point of beginning containing 539,739 square feet or 12.39 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the Easterly 30.00 feet thereof. PARCEL 20: 11-03-400-008 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan, described as: Beginning at a point distant South 01 degrees 30 minutes 36 seconds, West 371.87 along the East line of Section 3; thence North 89 degrees 12 minutes 34 seconds, West 743.00 feet; thence along a curve to the right with an arc distance of 429.69 (radius = 360.00 feet, chord distance = 404.63, chord bearing = North 55 degrees 00 minutes 57 seconds West); thence along an arc to the left with an arc to the left with an arc distance of 153.00 feet (radius = 560.00 feet, chord distance = 152.52 feet, chord bearing = North 28 degrees 38 minutes 58 seconds West) from the East one-quarter corner of said Section; thence South 29 degrees 01 minutes 05 seconds West 1301.89 feet thence North 21 degrees 19 minutes 40 seconds West 471.65 feet; thence North 06 degrees 48 minutes 57 seconds East 1050.00 feet thence along a curve to the left with an arc distance of 282.10 feet (radius = File Number: 60727 350.00, chord distance = 274.53 feet, chord bearing = South 64 degrees 49 minutes 55 seconds East); thence along a curve to the right with an arc distance of 502.82 feet (radius = 560.00, chord distance = 486.10 feet, chord bearing = South 62 degrees 11 minutes 57 seconds East) to the point of beginning containing 627,509 square feet or 14.41 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the . Northerly 30.00 feet thereof. PARCEL 21: 11-03-400-007 A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland Company, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds, East 2210.99 feet, along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds, West 2517.82 feet to a point on the Easterly Right of Way line of C.S.X. Railroad; thence along said Right of Way South 01 degrees 00 minutes 57 seconds, West 1900.00 feet from the East one-quarter corner of said Section; thence South 88 degrees 51 minutes 08 seconds East 678.82 feet thence South 06 degrees 48 minutes 57 seconds, West 1050.00 feet; thence South 21 degrees 19 minutes 40 seconds, East 471.65 feet; thence North 64 degrees 04 minutes 00 seconds West 830.00 feet to a point on the Easterly Right of Way line of C.S.X. Railroad; thence along said Right of Way along a curve to the left with an arc distance of 65.00 feet (radius = 2914.93 feet, chord distance = 65.00 feet, chord bearing = North 01 degrees 39 minutes 17 seconds, East); thence continuing along said Right of Way North 01 degrees 00 minutes 57 seconds East 1067.74 feet to the point of beginning containing 811 1 826 square feet or 18.64 acres of land. Subject to an easement for ingress and egress to the described land and land of others over the North Easterly 30.00 feet thereof. Commonly known as: HIGHLAND HYE FARMS, HIGHLAND TOWNSHIP, MI APPENDIX A Legal Description Parker Property 6555 N. Milford Road 11-03-200-001 Land in the Township of Highland, Oakland County, Michigan, described as follows: That part of the following described parcel of land lying Westerly of the centerline (as now located) of Milford Road: Part of the Northeast Vt of Section 3, Town 3 North, Range 7 East, Township of Highland, Oakland County, Michigan, described as follows: Beginning at the Northeast corner of said Section 3, thence South 89°17' West along the North line of said Section 3, 2,519.20-ft. to the East line of Pere Marquette Rail Road, thence South 00 004 West 895 ft. along said Rail Road line, thence North 89°22'East 2,520.20-ft. to the East line of Section 3, thence South 273.1-ft. along the line common to Section 2 and 3, thence North 88°02' East 2,812.70-ft. to the North and South quarter line of Section 2, thence North 00 039' East. 1,117.10-ft. along said quarter line to North line of Section 2, thence South 89°10' West 2,824.10-ft. along the North line of Section 2 to the place of beginning. Containing 52-acres of land more or less. Mh6/3/06 January 17, 2008 Resolution #08012 Moved by Long supported by Gregory the resolution be adopted. Discussion followed. Vote on resolution: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. 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 January 17, 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 17th day of January, 2008. RutfiVinVon, County Clerk —