HomeMy WebLinkAboutResolutions - 2008.03.20 - 9524MISCELLANEOUS RESOLUTION # 08039 March 6, 2008
BY: Planning and Buiiding Committee. Sue Ann Douglas. Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — RECOMMENDATION TO GRANT
EASEMENT FOR WATERMAIN — OAKLAND COUNTY TRUSTY CAMP (TAX PARCEL NO. 14-03-
100-028)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Oakland County Trusty Camp located in
the City of Auburn Hills: and
WHEREAS, the County of Oakland has recently completed an addition to the Oakland County
Boot Camp building inclusive of extending a water main for placement of a new fire hydrant at the
Oakland County Trusty Camp: and
WHEREAS, the City of Auburn Hills has requested that the County of Oakland grant a
permanent easement for the operation, maintenance, repair and replacement of a water main and
related appurtenances over a portion of the Trusty Camp property; and
WHEREAS, the Oakland County Department of Facilities Management and the City of Auburn
Hills have agreed upon a route for the said water main which is agreeable to all parties: and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents relatea 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 water main and related
appurtenances to the City of Auburn I-111s for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Boar:: of Commissioners hereby directs
its Chairperson or designee to execute the attached water main easement and all other documents,
which may be required.
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.
Resolution #08039 March 6, 2008
The Chairperson referred the resolution to tne Finance Committee. There were no objections.
GRANT OF WATER MAIN EASEMENT IN GROSS
THIS EASEMENT IN GROSS at the Oakland County Trusty Camp, 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 City of Auburn Hills, a Michigan Municipal Corporation, whose address is 1827
North Squirrel Road, Auburn Hills, Michigan 48326 (hereinafter referred to as "Grantee"),
FOR AND IN CONSIDERATION of One Dollar ($1.00) receipt of which is hereby
acknowledged. Grantor does hereby grant to the Grantee, and the Grantee does hereby accept,
the easement in gross and the right to enter onto Grantor's land to construct, operate, maintain,
repair and/or replace a water main and related appurtenances.
1. Grantor's land is in the City of Auburn Hills, Oakland County, Michigan, described
as: See attached Exhibit A. Part of Parcel Number: 14-03-100-028. The easement in gross
shall be located as described in attached Exhibit A, showing the location of the easement
strip.
2. Purpose: The purpose of this non-perpetual, assignable (only to a successor governmental
entity or water supply entity Grantee uses to supply water to Grantee), exclusive easement
in gross is to permit operation, maintenance, and/or replacement of a water main and
related appurtenances, and to provide the Grantee with access to the burdened property
described herein for the limited purpose of operating, maintaining, and/or replacing the
water main and related appurtenances. Under no circumstances can the easement be
used for any other purpose other than a water main, or for the, operation, maintenance,
and/or replacement of same. The Grantee shall provide the Grantor reasonable notice of
its intent to enter the property for the purposes -stated-above so as not to interfere with
Grantor's scheduled activities on the property except in an emergency situation.
3. Grant of Easement in Gross: The easement granted (as described on attached
Exhibit A) is a non-perpetual, assignable (only to a successor governmental entity or
water supply entity Grantee uses to supply water to Grantee), exclusive easement in
gross for the operation, maintenance, and/or replacement of said water main and
related appurtenances.
4. 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 run with any parcel of
land, and shall only extend to the use of said easement in gross for a water main. 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. In the
event the easement is extinguished as provided above, and upon the request of Grantor,
the Grantor and Grantee shall enter into a mutually agreeable Re!use of Easement in
Gross. If no Release of Easement in Gross agreed upon and 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 Grantor has the right to disconnect its water supply system
from the water main maintained by Grantee. Any damage or claim of damage (including but
not limited to environmental damage), to persons or property, including property of the
Grantor, resulting from the use of the easement in gross or the operation, maintenance,
and/or replacement of the water main by Grantee, shall be the sole responsibility of the
Grantee.
5. Restoration of Property: Any portion of Grantor's property, which is damaged by
Grantee's exercise of the easement in gross granted herein, shall be restored by Grantee to
its immediately prior condition.
6. Easement runs with the Land: This easement in gross shall be for the benefit of Grantee
and run with the land described herein and shall be binding upon and inure to the benefit of
the parties hereto, their representatives, successors and assigns.
GRANTOR: County of Oakland, a
Michigan Constitutional Corporation
BY:
Bill Bullard, Jr. Chairperson
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me in Oakland County, Michigan this
day of 2008. by, Bill Bullard, Jr., Chairperson, of County of Oakland, a
Michigan Constitutional Corporation. 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan Acting in Oakland County
My Commission expires: 5/5/2008
GRANTEE: City of Auburn Hills, a Michigan
Municipal Corporation
BY:
STATE OF MICHIGAN
COUNTY OF OAKLAND
)SS
The foregoing instrument was acknowledged before me in Oakland County, Michigan this
day of 2008, by
City of Auburn Hills, a Michigan Municipal Corporation.
, Notary Public
Oakland County, Michigan Acting in Oakland County
My Commission expires:
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public
Works Dr., Waterford, Michigan, 48328.
After recording return to Linda Shannon, Clerk, City of Auburn Hills, 1827 Squirrel Rd., Auburn
Hills, MI 48326
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WATER MAIN EASEMENT
A PART OF THE NORTHWEST 1/4 OF SECTION 3
T-3-N.4 R-10-E.. CITY OF AUBURN HILLS.
OAKLAND COUNTY. MI REVISED 1-12-07
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PROPERTY DESCRIPTION
(BASED ON TAX DESCRFPON FOR PARCEL No. 14-03-100-028)
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 Or SECTION 3 1-3-N R-10-E.. CITY
OF AUBURN HILLS. OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 3, TFIENCE 502'45`00 -E. 933.74
FEET: THENCE I486'19'55"w, 60.38 FEET; THENCE NO2'46'00"*. 867.16 FEET; THENCE
S8724'55W. 1250.24 FEET; THENCE 50024'37-E, 395.90 FEET; THENCE ALONG A CURVE TO
THE RIGHT 92.15 FEET SAID CURVE HAVING A RADIUS OF 660 FEET, AND A LONG CHORD
BEARING 508'49.23E. 9207, FEET; THENCE 50449'24E, 110 FEET; THENCE ALONG A CURVE
TO THE LEFT 171.81 FEET, SAID CURVE HAVING A RADIUS OF 540 FEET, AD A LONG CHORD
BEARING 513'56'18"E, 171.09 FEET; THENCE N8774'551, 285.80 FEET; THENCE 50214'49 -E.
672.28 FEET; THENCE 56711 .43"W, 1658.49 FEET: THENCE N027416"W, 600.62 FEET; THENCE
N8914'10E. 200.46 FEET; THENCE N2354 .20E, 278.92 FEET; THENCE N6026'243-E, 200,79
FEET; THENCE N8653'10-E, 46,76 FEET, THENCE /453'5935.E, 177 FEET; THENCE 141872'20E,
277.49 FEET; THENCE NO0'0720"W, 118.52 FEET; THENCE NO2'24'1C'W. 93 FEET; THENCE
N187•24.55•E, 1849 FEET TO THE POINT OF BEGINNING, EXCEPTING BEGINNNG AT A PONT
DISTANT S02'46%00"E, 60 FEET FROM THE NORTH 1/4 CORNER OF SAID SECTION 3, THENCE
S02'4600T, 873.74 FEET; THENCE N8619'55W, 60.3E1 FEET; THENCE 1102'46'0W, 867.16
FEET: THENCE N87'34 .55E 60 FEET TO THE POINT OF BEGINNING.
12' WIDE WATER MAIN EASEMENT
A PARCEL Or LAND LOCATED IN THE NORTHWEST 1i4 OF SECTION 3 1-3-N.,
P-10-E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MiCH:GAN.
THE CENTERLINE OF A 12 FOOT WOE WATER MAIN EASEMENT BEING MORE PARTICULARLY DESCROED AS:
COMMENCING AT THE NORTH 1/4 CORNER Of SAID SECTION 3; THENCE
S8774•55"W, 1407.22 FEET ALONG THE NORTH LINE OF SAID SECTION 3:
THENCE THE FOLLOWING TWO COURSES ALONG AN EXISTING 12' wICE
WATER mAIN EASEMENT AS RECORDED IN LISER 10663, PAGE 410,
OAKLAND COUNTY RECORDS. (I) 5077455W. 67.50 FEET. AND (2)
502'51'05-E, 680.06 FEET TO THE PONT or BEGINNING V THE NEW 12'
WIDE EASEMENT FOR WATER MAIN, THENCE 585'3838W, 6.70 FEET;
THENCE N48'38 .10W, 4.00 FEET. THENCE 58874'44'W, 44.42 FEET; T-ENCE
NO3'38•17"w, 13.00 FEET To THE DINT OF ENDING.
WATER MAIN EASEMENT
A PART OF THE NORTHWEST 1/4 OF SECTION 3
T-3—N.. R-10—E.. CITY OF AUBURN HILLS.
OAKLAND COUNTY, MI REVISED 7-12-07 I I UR VE Y/ I 70 28/WA TER MAN FSM T.DGN .._kEASEMENTSIWATEFI MAIN ESMT.cipr. 8.18.12C07 2:4f5:52 PM
Resolution #08039 March 6, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR. #08039) March 20, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT
EASEMENT FOR WATER MAIN - OAKLAND COUNTY TRUSTY CAMP (TAX PARCEL NO.
14-03-100-028)
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. Oakland County has recently completed an addition to the
Boot Camp Building located at the Trusty Camp, which
included extending a water main for placement of a new fire
hydrant.
2. As a condition of providing water service to the property
the City of Auburn Hills has requested Oakland County grant
a permanent easement for the operation, maintenance, repair
and/or replacement of a water main over a portion of the
Trusty Camp property.
3. The resolution authorizes and approves the granting of an
easement for water main and related appurtenances to the
City of Auburn Hills for the sum of one (1) dollar.
4. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unani7.ously on a :cl: call vote with Zack and Coulter
absent.
Resolution #08039 March 20, 2008
Moved by Middleton supported by Nash the resolutions (with tscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingen. Gosselin, Gregory, Greimel,
Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts. Rogers, Scott, Spector, Woodward, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in 'aver, tne resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
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 March 20, 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 20th day of March, 2008. .,,,,-.'"1
. f ",•-• ir fr I9
1......1
Ruth.Johnkfn, County Clerk