HomeMy WebLinkAboutResolutions - 2008.07.31 - 9483MISCELLANEOUS RESOLUTION #08141 July 17, 2008
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: THE OAKLAND COUNTY AIRPORT COMMITTEE AND THE DEPARTMENT OF
FACILITIES MANAGEMENT — REQUEST TO GRANT EASEMENT FOR OVERHEAD
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 Waterford Township; and
WHEREAS, the Oakland County Airport Committee is in the process of extending
runways and relocating the loop road at the westerly end of the Oakland County International
Airport; and
WHEREAS, to allow for construction to proceed overhead electrical lines and power poles
must be relocated to an area outside of the new airport approach limits; and
WHEREAS, the Oakland County Aviation staff and the Detroit Edison Company have
agreed upon a route for the said overhead electric service, which will allow construction to
proceed and meet the location requirements of the airport approach pattern; 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 Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
' 674 4.1 4...4
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gingell absent.
Oakland County Department of Facilities Management
July 8, 2008
Request to Grant Easement
to the Detroit Edison Company
Oakland County International Airport
Parcel No. 13-18-100-007
Background
The Oakland County International Airport is in the process of extending runways and
relocating the airport loop at the west end of the airport property. To facilitate this
project existing overhead electric, lines and utility poles must be relocated outside of the
new airport approach limits. Therefore, the Detroit Edison Company has requested that
the County of Oakland grant a permanent easement for the construction, operation,
maintenance, repair and replacement of overhead electric service and related
appurtenances over the northwest area of the airport property.
The Aviation Staff and Detroit Edison representatives have agreed upon a route for the
electrical facilities that meets the requirements of the project.
The Airport Committee approved the easement on June 12, 2008.
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 Airport Committee and the Department of Facilities
Management that the Oakland County Board of Commissioners approve the granting of
the attached easement for overhead electric service to the Detroit Edison Company for
the sum of one dollar.
Mdh6ll 7/08
GRANT OF NON-EXCLUSIVE OVERHEAD EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 27633548-27673235)
THIS EASEMENT IN GROSS located at 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 overhead 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): 13-18-100-007.
2. Grantor's Land is located in the Township of Waterford, Oakland County, Michigan and is
known as part of 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 overhead electric utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. 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 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 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, 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 permanent
(subject to Section 7), non-exclusive Easement in Gross as described in the attached Exhibit A
and as shown on the attached drawing no. 27666548-27673235.
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. No buildings will be installed in the Easement in Gross Area
without Grantee's written approval.
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 overhead electric utility
line facilities. In the event that Grantee, its heirs, representatives, successors and assigns shall
no longer require the use of said Easement in Gross for the purposes described herein, said
Easement in Gross shall be ocrrrstche-red-abandarreci, 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.
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 in Gross prohibits from being placed in the easement, or those
items which Section (6) allows the Grantee to trim, cut down or remove.
9. 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 in Gross or while coming upon the premises. In
the event that Grantor and Grantee are found Itspori'rble fur the same losses, liabilities, actions,
claims, demands. costs, expenses, injur ies 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/ui L.ublb asbut,idled with the loss (es).
10. 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 "ic\"
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 Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional 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: 5/5/2014
Acting in Oakland County
Grantee: Detroit Edison Company
By;.
Its :
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
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.
Notary Public
Acting in , County
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.
Md6/16/08
EXHIBIT A
Description of Permanent Easement for Overhead Electric Service
Part of Oakland County International Airport Property
Parcel No, 13-18-100-007
Part of the Northwest % of Section 18, T3N, R9E, Waterford Township. Oakland County, Michigan
described as commencing at the North 1/4 corner of said Section 18; thence S 00°02'48" W 1602.19-ft.
along the North-South % line of said Section 18 to the point of beyirrrdny. Thence N 89°57' 12" W
609.30-ft. thence S 00°06'38" W 400.00-ft.; thence N 89°57'12" W 10.00-ft.; thence S 00°06'38" W
387.00-ft.; thence S 89°57'12" E 20.00-ft.; thence N 00°06'38" E 20.00-ft.; thence S 89°57'12" E 30.00-ft.'
thence N 00°0638" E 10.00-ft.; thence N 89°57'12" W 30.00-ft.; thence N 00°06'38" E 721,00-ft.; thence
S 89°57'12" E 27.00-ft.; thence N 00°06'38" E 26.00-ft; thence S 89°57'12" E 529.30-ft.; thence S
00°06'38" W 21.00-ft.; thence S 89°57'12" E 10.00-ft.; thence N 00°06'38" E 21,00-fl,; S 89°57'12" E
33.00-ft.; thence North to the point of beginning.
33'4 / -
' X 609.30' EASEMENT
58957 1 12"
10.00'
X 400' EASEMENT 11'
21' X 387' EASEMENT
SIDWELL #
13-18-100-007
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WVERFORD
Worgaue cmolty
OAKLAND
PWO: 27633404
CWO: 2763548 ,
SPW: 27673235
EXHIKT
5 89°57'12' E 609.30'
I I El I kW C.C4 EA I ?KONA
' N 1/4 CORNER
SECTION 18
a, oo No . 0
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LC 1.60
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PARCEL RECORDED IN
QUIT CLAIM DEED
LIBER 37278,
PAGES 156 - 157
5 89°54'1 2' W 620.48
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27' X 26'
EASEMENT TO ACCOMODATE
ANGLE IN POE. LEAD
10 X 30'
EASEMENT FOR STUB POLE
DOWN GUYS & ANCHORS
10' X 21
EASEMENT FOR
DOWN GUYS & ANCHORS
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CENTER OF
SECTION 18
PWO: 27633404
CWO: 27633548
SRW: 27673235
PFN Description iF) !SPY,' iPe ?LC .,om;. RFW NuTLer- EASEMENT FOR OYERNEAJ CONSTRUClION i broop
:ircoit .i, Circuit 41Z .Seryce .1:enteral !Service r:enterb"Z 1:0N Ins CU, C11.. CUl WS
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Vionner Name
FLEMING - 246.42 7 ,296G 1 omit Date CI TE s S ce i c
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Resolution #08141 July 17, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #08141) July 31, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: THE OAKLAND COUNTY AIRPORT COMMITTEE AND THE DEPARTMENT OF
FACILITIES MANAGEMENT - REQUEST TO GRANT EASEMENT FOR OVERHEAD 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. The Oakland County International Airport is in the process
of extending runways and relocating the loop road at the
westerly end of the airport property.
2. Existing overhead electrical lines and utility poles must
be relocated outside of the new airport approach limits to
facilitate this project.
3. The resolution authorizes and approves the granting of an
casement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of
one (1) dollar.
4. No General Fund/General Purpose funding is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers, Potter and Woodward absent.
Resolution #08141 July 31, 2008
Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying repoit beiII5l aL.cxylvd).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowall, 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).
,NIMA
I HEREBY APPROVE THE FOREGOING RESOLUTION
i/2-70
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify tnat 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
P6ntiac, Michigan this 31st day of July, 2008.
ede
Ruth Johnson, County Clerk