HomeMy WebLinkAboutResolutions - 2008.10.02 - 9601Resolution i108198 September 1 8. 2008
MISCELLANEOUS RESOLUTION #08198 September 18, 200B
BY: Planning and Building Committee Sue Ann Douglas, Chairperson
IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION 'AND ,THE
DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO GRANT EASEMENT 'FOR
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY GLEN
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Gen Oaks County Park located in the
City of Farmington Hills; and
WHEREAS, the Detroit Edison Company is in the process of providing upgraded electrical
. service to the pump house facility at Glen Oaks County Park and has requested that the County
of Oakland grant a 10-ft. wide easement for underground electric service; and
WHEREAS, the Oakland County Parks and Recreation 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 Glen 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 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 General Government Committee, I move the adoption of the
foregoing resolution.
PLA NING AND BUILDING - •IW ITTEE
W40.111PP AS
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll vote with Jacobsen absent.
The Chairoerson referred the resolution to the Finance C -',om70.-:e-a. MarE: were no objactionz
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EXHIBIT A
Glen Oaks
Proposed
DTE Energy Easement
2006 Skrir M.* Aefia!
170 340 680
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 27286464-272864131)
THIS EASEMENT IN GROSS located at Glen 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 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): 23-02-376-001.
2. Grantor's Land is located in the City of Farmington Hills, Oakland County, Michigan and is
known as part of Glen Oaks County Park described as. See attached Exhibit A.
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 fine 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 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 Gross as described in the attached
Exhibit A for the construction, operation, maintenance, replacement and removal of said
underground electric utility line facilities and related appurtenances.
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 without
Grantee's written approval.
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 and assigns shall
no longer require the use of said Easement in Gross for the purposes described herein, said
Easement in Gross 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, 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 prohibits from being placed in the Easement in Gross or those items which
Section six (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 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).
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 Endorsernent/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. 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 tnis 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: Susan M. Gambian, Detroit Edison Company, 8001 S. Haggerty Rd., Bell -killle, Ml 48111-1601.
Md8/14/08
EXHIBIT A
Part of Glen Oaks County Park
Part of Parcel No. 23-02-376-001
A 10.00-ft. wide easement the centerline of which is described as follows: Part of the Southwest 1/4 of
Section 2, TIN, R9E, City of Farmington Hills, Oakland County, Michigan, commencing at a point on the
South fine of said Section 2 and the centerline of Thirteen Mile Road (66-ft. wide) S 89°58'00' E along
said South line a distance of 675.00-ft. from the Southwest corner of said Section 2; thence proceeding N
00 902' 26" E , along the Easterly line of "Glen Oaks" subdivision, recorded in Liber 38 of Plats, on Page
17, Oakland County Records, a distance of 1453.62-ft. to the point of beginning; thence S 71°00'0" E, a
distance of 445.00-ft.to a point of ending.
Resolution #08198 September 18, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE CM.R. *08198) October 2, 2008
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
UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - GLEN OAKS
COUNTY PARK
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 Detroit Edison Company is in the process of providing
upgraded electrical service to the pump house facility at
Glen Oaks County Park and has requested that Oakland County
grant an easement for underground electric service.
2. The upgrade will provide electric service inclusive of a
new transformer at Glen Oaks County Park.
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 required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #08198 October 2, 2008
Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford. Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard. (22)
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).
I RPM APPROVE THOISEGONG 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 October
2, 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 2nd day of October, 2008.
Ruth Johnson, County Clerk