HomeMy WebLinkAboutResolutions - 2008.07.31 - 9479REPORT (MISC. #08137) July 31, 2008
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: MR #08137 — THE OAKLAND COUNTY PARKS AND RECREATION
COMMISSION AND THE DEPARTMENT OF FACILITIES MANAGEMENT —
REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC SERVICE
TO THE DETROIT EDISON COMPANY— HIGHLAND OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on July 22, 2008, reports with a recommendation that the resolution be
adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll oail vote with Gingell absent.
,
4
MISCELLANEOUS RESOLUTION #08 •137 July 17, 2008
BY: General Government Committee, Christine Long, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO GRANT EASEMENT FOR
OVERHEAD ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY — HIGHLAND
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Highland Oaks County Park located in
Highland Township; and
WHEREAS, the Detroit Edison Company is in the process of upgrading its electrical
services facilities in the area of Highland Oaks County Park and has requested that the County of
Oakland grant a 12-ft. wide easement for overhead electric service; and
WHEREAS, the Oakland county Parks and Recreation staff and the Detroit Edison Company have agreed
upon a route for the said overhead electric service, which will enhance electrical service to the area and provide
electric service connection options at Highland Oaks County Park; 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 overhead 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 overhead electric
service and related appurtenances.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
livvL L„,„
O
GENERAL GOVERNMENT COMMITTEE VOTE;
Motion carried unanimously on a roll call vote with Long, Suarez and Greimel absent.
,
4.
•
Request to Grant Easement to Detroit Edison Company
Highland Oaks County Park
Background
The County of Oakland established Highland Oaks County Park in June 2007. The Detroit
Edison Company is in the process of upgrading its electrical substation, improving overall
voltage capacity to provide more reliable electric service to the area and provide electric service
connection options at Highland Oaks County Park. Therefore, the Detroit Edison Company has
requested that the County grant a 12-ft. wide by 3,003-ft. long easement for overhead electric
service parallel to Milford Road.
The Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the subject easement.
Recommendation
It is the recommendation of the Oakland County Parks and Recreation staff and Department of
Facilities Management that the Oakland County Board of Commissioners approve the granting of
the attached easement for underground electric service to the Detroit Edison Company for the
sum of one dollar.
Mh5/27/08
1
GRANT OF NON-EXCLUSIVE OVERHEAD EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 711119)
THIS EASEMENT IN GROSS located at Highland Oaks County Park, 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 overhead electric utility line facilities and related appurtenances,
and to provide the Grantee with access to the parcels described in paragraph #1. and Exhibit A., for the
limited purpose of maintaining said overhead electric utility line facilities and related appurtenances:
1. Parcel Number(s): 11-03-200-007, 11-03-200-008, 11-03-200-011, 11-03-200-014 and 11-03-
400-012.
2. Grantor's Land is located in the Township of Highland, Oakland County, Michigan and is
known as Highland Oaks County Park described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 8), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of overhead electric utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and ticuubburies. Under no circumstances can the easement be used for any other
purpose than overhead electric utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantors property to
access the easement area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said overhead 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, ti al ifo F I di ILI clUUebbUI ieb 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 12-ft. wide
permanent (subject to Section 8), non-exclusive Easement in Gross described as the West 12-ft.
of the East 76.00-ft of Grantor's property as described in the attached Exhibit A for the
construction, operation, maintenance, replacement and removal of said overhead electric utility
line facilities and related appurtenances, as shown on the attached drawing no. RFW711119.
6. Vacation of Existing Easement: By execution of this grant of easement the parties hereby
agree to vacate and release the existing 15-ft. wide easement previously granted over the
premises as recorded in Liber 14404, Page, 759, Oakland County records
7. 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 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 (2) feet of the sides of transformers and
switching cabinet enclosures. No buildings will be installed in the Right of Way Area without
Grantee's written approval.
8. 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 overhead electric utility
line facilities. In the event that Grantee, its heirs, representatives, successors and assigns
(hereinafter Grantee) shall no longer require the use of said Easement in Gross for the purposes
described herein, said easement shall be considered abandoned, and the Easement in Gross
shall terminate and be extinguished and, the land shall revert back to Grantor, its heirs,
representatives, successors or assigns (hereinafter Grantor), 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 within a reasonable 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.
9. 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, then Grantee will restore Grantor's
Land as nearly as can be to its original condition, except those items which paragraph seven (7) of
this Easement prohibits from being placed in the easement, or those items which paragraph (7)
allows the Grantee to trim, cut down or remove.
10. indemnification: Grantee shall also 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 or while coming upon the premises. In the event that Grantor
and Grantee are found responsible for the 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) and/or costs associated with the loss(es).
11. Insurance: Grantee and its contractors, at their own expense, shall maintain the following self
insurance coverage's:
$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,
12. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitbtional Corporation
BY:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN )
)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: 5/5/2008
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, NW Planning & Design 37849 Interchange Dr.,
Farmington Hills, MI. 48335.
Md4/18/08
EXHIBIT A
Parcel 11-03-200-007. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00°56'43" E 1791.30-
ft. along the East line of Section 3 from the East one-quarter corner of said Section; thence N 88°51'08"
W 1320.00-ft.; thence N 00°56-43" E 419.69-ft.: thence S 88°51'08" E 1320.00-ft.; thence along the East
line of said Section S 00°56'43" W 419.69-ft. to the point of beginning.
Parcel 11-03-200-008. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00°56'43" E 1371.30-
ft. along the East line of Section 3 from the East one-quarter corner of said Section; thence N 88°5108"
W 1320.00-ft.: thence N 00°56-43" E 420.00-ft.; thence S 88°5108" E 1320.00-ft.; thence along the East
line of said Section S 0056'43" W 420.00-ft. to the point of beginning.
Parcel 11-03-200-011. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00'66'43" E 816.30-ft
along the East line of Section 3 from the East one-quarter corner of said Section; thence N 88°51'08" W
1320.00-ft.; thence N 00°56-43" E 555.00-ft.; thence S 8851'08" E 1320.00-ft.; thence along the East
line of said Section S 00°56'43" W 555.00-ft. to the point of beginning.
Parcel 11-03-200-014. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at the East one-quarter corner of said
Section; along the East line of said section S 01'30'36" W 371.87-ft.; thence N 89°12'34" W 425.00-ft.;
thence N 01°07'18" E 1190.81-ft.; thence S 88'51'08" E 425.00-ft. to a point on the East line of said
Section: thence S 00°56'43" W 816.30-ft. to the point of beginning. Subject to an easement for ingress
and egress to the described land and land of others over the Southerly 30.00-ft. thereof.
Parcel 11-03-400-012. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 01°03-36" E 1882.00-
ft along the East line of Section 3 from the Southeast g.;oiner urdisi Section; N 89'12'34" W 1075.00-ft.;
thence S 60°31'19"W 797,27-ft.; thence N 29°01'05" E 1301.89-ft.; thence along a curve to the right with
an arc distance of 153.00-ft. (radius = 560.00-ft., cturd disiaru.e 152.52-ft., chord bearing = S
28°38'58 E); thence along a curve to the left with an arc distance of 429.69-ft. (radius = 360.00-ft., chord
distance 404,63-ft., chord bearing S 55°00'57" E); thence S 89°12'34" E 743.00-ft. to a point on the
East line of said Section; thence along the East line of said Section S 01°03'36" W 385.00-ft. to the point
of beginning.
RESOLUTION
REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE
DETROIT EDISON COMPANY — HIGHLAND OAKS COUNTY PARK
WHEREAS, the County of Oakland is the owner of Highland Oaks County Park located
in Highland Township; and
WHEREAS, the Detroit Edison Company is in the process of upgrading its electrical
services facilities in the area of Highland Oaks County Park and has requested that the County
of Oakland grant a 12-ft. wide easement for overhead electric service; and
WHEREAS, the Oakland County Parks and Recreation staff and the Detroit Edison
Company have agreed upon a route for the said overhead electric service, which will enhance
electrical service to the area and provide electric service connection options at Highland Oaks
County Park; 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 Parks and Recreation
Commission hereby requests that the Oakland County Board of Commissioners authorize and
approve the granting of the attached easement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that that the Oakland County Board of Commissioners direct its
Chairperson or designee to execute the attached easement for overhead electric service and
related appurtenances.
Moved by: Vincent Greeorv
Supported by: Hugh D. Crawford
Date: June 4, 2008
. .
Proposed Easement
centered 70 from road centerline
3002.91 x 121 w
36,034.68 so ft
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L:k c.
Existing Easement
(to be abandoned):
centered 40.5 from road centerline
2731.85' I x 15' w
40,977.75 sq ft
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Highland Oaks County Park
DTE Utility Easement Proposal
=Park Boundary
Proposed DTE Easement
Existing DTE Easement
- Major Roads
Hydric Features
Tax parcels
Resolution #08137 July 17, 2008
The Chairperson referred the resolution to the Planning and Building Committee and the Finance
Committee. There were no objections.
FISCAL NOTE M.R. #08137) July 31, 200w
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE
DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO GRANT EASEMENT FOR
OVERHEAD ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - HIGHLAND OAKS
COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule X1I-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Detroit Edison Company is in the process of upgrading
its electrical services facilities in the area of Highland
Oaks County Park and is requesting Oakland County grant an
easement for overhead electric service,
2. The upgrade will enhance electrical service to the area and ,
provide electric service connection options at Highland
Oaks County Park,
3. The resolution authorizes and approves the granting of an
easement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of
one Cl) dollar.
4. No General Fund/General Purpose funding is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roil call vote with Rogers, Potter and Woodward absent.
I' APPROVE THE FOREGOING RESOLUTION
Resolution #08137 July 31, 2008
Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted)
AYES: Burns, Coleman. Coulter. Crawford, Douglas. Gershenson, Gingen, 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).
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 July
31, 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 31st day of July, 2008
Gat
Ruth Johnson, County Clerk