Loading...
HomeMy WebLinkAboutResolutions - 2009.12.09 - 9750MISCELLANEOUS RESOLUTION # 09315 December 9, 2009 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY — SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park located in Springfield Township; and WHEREAS, pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of Commissioners entered into a Telecommunications License Agreement with New ParAterizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park; and WHEREAS, various utilities including electric service are required to make the antenna operational: and WHEREAS, the Detroit Edison Company has requested that the County of Oakland grant a 12-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 to the base of the water tower at Springfield 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 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 roil call vote. Request to Grant Easement to Detroit Edison Company Springfield Oaks County Park Background Pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of Commissioners Parks entered into a Telecommunications License Agreement with New ParNerizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park. Various utilities including electric service are required to make the antennae operational. Therefore, the Detroit Edison Company has requested that the County of Oakland grant a 12-ft. wide easement for underground electric service from an existing transformer located on the park property to the base of the water tower. The Oakland County Parks Commission staff and the Detroit Edison Company have agreed upon a route for said electric service. On November 4, 2009 the Oakland County Parks and Recreation Commission recommended approval of the attached easement document. 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 Commission 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. Mh11/12/09 GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS Detroit Edison Company (Right of Way No. THIS EASEMENT IN GROSS located at Springfield Oaks County Park, is granted this day of 2009 by the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac. Michigan 48341, (hereinafter referred to as "Granto() 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 installing and maintaining said underground electric utility line facilities and related appurtenances: 1. Parcel Number(s): 07-17-400-006 and 07-20-201-016, 2, Grantor's Land is located in the Township of Springfield, Oakland County, Michigan and is known as part of Springfield 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 7), non-exclusive Easement in Gross to permit construction, installation, operation, maintenance, replacement and removal of underground 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 underground electric utility line facilities. 4. Access: Grantor will provide Grantee with a reasonable route across Grantors 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. Page 1 of 4 Detroit Edison Easement 5, Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft, wide permanent (subject to Section 7), non-exclusive Easement in Gross as deeke iLed in the attached Exhibit A for the construction, operation, maintenance, replacement and removal of said underground electric utility line facilities and related appurtenances. At Grantor's request, Grantee shall relocate the Easement in Grass on Grantor's property. Grantor may only request relocation of the Easement in Gross due to the expansion of Grantor's facilities or structures at Springfield Oaks Park. 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. 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 underground electric utility line facilities. In the event that Grantee, its heirs, representatives, SUCC.U5501 dr id iaigns 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 (herein after 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 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 indemnify the Grantor, its elected officials, officers, employees andhe ayi ib ayeinst 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). Page 2 of 4 Detroit Edison Easement 10. Insurance: Grantee and itb uuritidL,turs, at their own expense, shall maintain the following 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 5500,000 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 2009, 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 Page 3 of 4 Detroit Edison Easement Grantee: Detroit Edison Company By: Its: STATE OF MICHIGAN ) )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2009, 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: Detroit Edison Company, Md11/10/09 EXHIBIT A Description of 12.00-ft wide easement Part of Springfield Oaks County Park Part of Parcel Nos. 07-17-400-006 and 07-20-201-016 A 12,00-ft. wide easement the centerline of which is described as follows: Commencing at the North 1/4 corner of Section 20, T4N, R8E, Springfield Township, Oakland County, Michigan, thence N 89°07'02" E 400.00-ft. along the North line of said Section 20; thence S 00°52' 58" E 56.00-ft; thence S 6600'13" E 136.36-ft., thence S 01 05634" E 16.98-ft. to the Point of Beginning; thence N 61°09'08" W 70.85-ft.; thence N 32'01'07" W 190.69-ft. to a point of ending. Being part of the Northeast 1/4 of Section 20 and the Southeast 1/4 of Section 17, T4N, R8E, Springfield Township, Oakland County Michigan, subject to easements and restrictions of record, if any. Page 4 of 4 Detroit Edison Easement 1101: d I 1-1Piiii 1 EE i I g T 1[ 15 HE 414 41 tt IX ! 1q ili, h ! g li i .``-`:'::: -NO. 1 e iii 1- i e:'`': 3i i'ar ... I .-_ d .. 0 . 1 '§ AI ur . .11 J- 1 g r 1 " fF 1 II I a 8 Ot) 1 /: 1 i / i 4 i vervonywreless MIDWESTERN CONSULTING 11 HALL ROAD °'7-4 wild-7-7k177-Z rZTikritr.rir: - lg. ' , „g"2 (Lr-c?, 1 III r ;1 5 ig Rr.1 I ar, ; of 44 " Ill Og 1 !A il:11 -NNS 11,1 I : I ra 7 V / / 6\ IN I I VI I 1 Ni V 'qd I, / 1110 /0 / 410 / / / ;10 / All / gRe. / / /1 / , „ F 7 11 !!4/ ‘441;c ;di OiL - gs I it: i:Ir 2; t g z E;I 1i! 2 2 Hi! Nif r. r NI; vt / IP! 11 R4 !Ali ) !Iv ;/ I I; ittup ill; iis ,1 11,0 1 if .111,14 II 1 41 l ig II qi 'ill .1 WTI q;i ;A! iy I, .iffp halm lia e 0 111 'rit. hal ,140 f 10 / 111 z;11 OW f; , lug 1 !..1 ii12 i 1111 1 10 :1 I Eg 1.- 4 8E1 4 IO PIO NI I [1 rif f .1 10 5141 g•sr 0 t 1,1 III ; !g PI ▪ r X •Iir 't ; 7 I 17 Resolution *09315 December 9, 2009 The Chairperson referred the resolution to the Finance Committee. There were no objections.