HomeMy WebLinkAboutResolutions - 2009.12.09 - 9751PLANNING ANC(BUIOING g_QMIAITTEE _ .
MISCELLANEOUS RESOLUTION # 09316 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 COMMUNICATION
UTILITY SERVICE TO THE AT & T CORPORATION — SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
WHEREAS, tne 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 ParNerizon Wireless to
place telecommunication antennae ano related equipment on the water tower at Springfield Oaks County
Park; and
WHEREAS. various utilities including telephone line service are required to make the antenna
operational; and
WHEREAS, the AT & T Corporation has requested that the County of Oakland grant a 12-ft. wide
easement for underground communication utility service; and
WHEREAS, the Oakland County Parks and Recreation staff and the AT & T Corporation have
agreed upon a route for the said easement, which will provide underground communication utility service
to the base of the water tower at Springfield Oaks County Park; and
WHEREAS, the Departments of Faciities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to -;.fie 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 communication utility
service and related appurtenances to the A T & T Corporation 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 document.
Chairperson, on Pehalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Request to Grant Easement to A T & T Corporation
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 underground communication utility service are required
to make the antennae operational. Therefore, the A T & T Corporation has requested that the
County of Oakland grant a 12-ft. wide easement for underground communication utility service
from Hall Road easterly to the base of the water tower.
The Oakland County Parks Commission staff and the A T & T Corporation have agreed upon a
route for said 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 communication utility service to the A T
& Corporation for the sum of one dollar.
NE111/12/09
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
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
'Grantor") to the AT&T Corporation, a Corporation, whose address is address is:
(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 communication 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 communication 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 communication utility fine 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 communication 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, transformerseend-a-ccessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
Page 1 of 4
AT&T 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 described in the attached
Exhibit A for the construction, operation, maintenance, replacement and removal of said
underground communication utility line facilities and related appurtenances. At Grantor's request,
Grantee shall relocate the Easement in Gross 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, successor s n d-assigrrs
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 communication 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 -abandorred-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 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).
Page 2 of 4
AT&T Easement
10. insurance: Grantee and its contractors, 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 $500,000 Employers 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
AT&T Easement
Grantee: AT & T
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 AT &T.
Notary Public
Acting in , County
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Grantee.
Md11/10/09
EXHIBIT A
Description of 12.004 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 66°00'13" E
136.36-ft., thence S 01°56'34" E 16.98-ft. to the Point of Beginning; thence N 61 009'08' W 585.35-ft. to a
point of ending. Being part of the Northeast 1/4 of Section 20 and the Southeast % of Section 17, T4N,
R8E, Springfield Township, Oakland County Michigan, subject to easements and restrictions of record, if
any.
Page 4 of 4
AT&T Easement
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Resolution #09316 December 9, 2009
The Chairperson referred the resolution to the Finance Committee, There were no objections,