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HomeMy WebLinkAboutResolutions - 2009.02.05 - 9758h MISCELLANEOUS RESOLUTION #3,9010 January 22, 2009 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIS MANAGEMENT — REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY — WATERFORD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of Waterford Oaks County Park located in Waterford Township; and WHEREAS, the Detroit Edison Company is in the process of relocating and upgrading electrical service to the maintenance building and administration building at Waterford 4cs 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 at WaterfOrd 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 eleciric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. I 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 adoptionl of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gosselin and Capello absent. Request to Grant Easement to Detroit Edison Company Waterford Oaks County Park Background The Oakland County Parks and Recreation Commission is in the process of relocating and upgradin its electric service to the maintenmice building and administration building at Waterford Oaks County Park. Therefore. the Detroit Edisor Commany has requested that the County grant a 1.0-t. wide easement for underground electric serv i ce from the easterly property Line of the park westerly approximately 462-ft. 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 staff and Department of Facilities Management that the Oakland County Board of Commissioners approve the granting of the attached easement for underaTound electric service to the Detroit Edison Company for the sum of one dollar. Mn12/30/0g GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS Detroit Edison Company (Right of Way No, 28692233 & 28692272) THIS EASEMENT IN GROSS located at Waterford Oaks County Park, is granted this i I day of 2009 by the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred t as "Grantor") to the Detroit. Edison Company, a Michigan Corporation, whose address is 2000 Se , and Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee"). FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable 1 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 constrl uct, operate, maintain, repair and/or replace underground electric utility line facilities and rel ted appurtenances, and to provide the Grantee with access to the parcels described in Section 1 and Ex ibit A, for the limited purpose of maintaining said underground electric utility line facilities and rel ted appurtenances: I 1 1. Parcel Number(s): 13-24-126-008. I 2. Grantor's Land is located in the Township of Waterford, Oakland County, Michigan and is known as part of Waterford 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 I 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 in Gross 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, operatin , 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 I permanent (subject to Section 7). nor-exclusive Easement in Gross as described in the attacted Exhibit A for the construction, operation, maintenance : replacement and removal of said underground electric utility line facilities and related appurtenances. 8. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remcive or otherwise control any trees, bushes. branches -and-roots in the Easement in Gross area thait 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 upori 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 paspel of land, and shall only extend to the use of said Easement in Grass 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 lie 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. f 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 entering Grantor's land for the purposes stated in this Easement in Gross, then Grantee will rev Grantor's land as nearly as can be to its original condition, except those items which Section six 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, I 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 whatsoeveil which may be brought or made, and which shall be caused by or arise out of any negligent act cr 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 premise. In the event that Grantor and Grantee are found responsible for the same losses, liabilities, action claims, demands, costs, expenses. injuries or damages of any kind whatsoever which may be 1 , 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 Granteest-proportiorral 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 se insurance coverage's: ore (6) If $3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/dr 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 Certificat s 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 Grantee: Detroit Edison Company By: Its: STATE OF MICHIGAN )SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of 2009,1 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 Woks Dr., Waterford, Michigan, 48328 Return to: Darcy Stein, Detroit Edison Company. NW Planning & Design, 37849 Interchange Dr.. Farmington Hills, MI 48335. Mdh12/2/08 cr) COLONIAL VILLA,GE 0.C.C.F. N. t3 _379 P-429 13— 7 3-300-196 \Y /4\ k 1 In cn 1 3-24-126-DOB n CENTERLINE N21126.27'`W L\ OF A 10 WDE 1 DETROIT EDISON EASEMENT `:-?:•:j---11-1. NO5'39'45-E \ 92.15' L N5117`57”W ! --7)-P0114--er I \ , IJ tr, 543'39'35"E .372/2e.. 4c - —F . \ 1 1 \ '14 5 \ \ 13-24\ —126 1 —011 c-4 \ 3-24-126— 009 N24'44107''W 110.37 -POINT OF BEGINNING DETROIT £01 SON EASEMENT Icefk \ 1 0, SCALE: 1"=200' 1.1.1111.113: 0 100 200 400 e9'5312 -VI NORTH 1/ coHNIM --- ./ \ 223.53' S.::701,1 24. . 1 WA.-TRECP0 TOWN- 5-HP --7f. L' 5292, P.355 ,. cs-- ',..5.' ,.... WATKINS LAKE ROAD (33' HALF-111077-0 DETROIT EDISON EASEMENT A PART OF THE NORTHWEST 114 OF SECTION 24, T-3-N., R-9-E., WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN ANIOVBIlw Giffels-Webster Engineers. Inc. NNCIA'VERS /.4,411 RITYaftS PLA MI Z1:7 BOND SMELT. NOCHESTAT rf r mg) 81Z-310:. DATE: 10;31;05 BY I DATE DRAWN. I CX-7-51a-; I 517.010i.. 2- KALE: 1--200' 51-FEET 0F2 I 1 MP, 16832.1G RECORD PARCEL DESCRIPTION TAX ID. No. 13-24-126-008 (FROM TAX RECORDS A PART OF NCP7HWES.7 114- SEOTON 24, TOWN 3 Nc9F:TH. RANGE EAST. W M ATERFORD TOSHIP, 0.4KLAND Oa.'NTY, mICHICAN. BEINC.; PARTOULARLY DESCRIUEG AS BEGINNING Al PONT DISTANT )895512 .W, 228.53 FELT FROM THE NORTH 1/4 CORNER OF 5A10 S;.:1-101-:: 24; THENCE N895512' A'. 1033,28 FEET: THENCE S2457'20-W, llec.o5 FEET TO CENTERLINE OF %YAWNS LAKE. ROAo; THENCE 54336'39E. 332.97 FEET- THENCE 1‘.,4532'24"E, 1827.57 FIT TO THE PONT OE BEGiNN,NC AND ;;ONTAi4ING APPROMATELY 19_50 ACRES. LEGAL DESCRIPTION OF 10' WIDE DETROIT EDISON EASEMENT THE CENTERLINE OE A 10 %MOE EASEMENT FOR DETROIT Ec,„',ISON_BEING DESCR,BED AS: A PART OF THE NORTHWEST 1/A OF SECTION • 24, TOWN 3 NDR7r.',, RANCE 9 EAST, WATERFORD TOWNSIIR OAKLAND COUNTY, MICr.GAN: COMMENCNCi AT THE NoRT-1 1/4 CORNER OF SAID SECT10:‘, 24; THENCE N8955'12W. 228.53 5--EET ALCNG TR: NORTH UNE OF SAID SEC:710N 24 ; TriENCE 54503'53"W, 1297 48 F7E7 TO THE POINT OP BEGJNINIV_::: THENCE. 142444'07"Xo. 110,37 FEET. ThENCE: N51"17'57 -W, 200.50 FEET, P-IENCE N3g'45E, 92.15 THEKE N41'2527"W, 58.30 FEET TO HE PONT ENI);NZ, 1.11 g 5 i.4 s 4 ' "g..0 DETROIT EDISON EASEMENT A PART OF THE NORTHWEST 1/4 OF SECTION 24, T-3-N., R-9-E_, WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN AM: a..31e33 CHEGEZ)DY l oAm wimp Giffels-Webster Engineers, Inc. t'VC1,VEC.FLY LANti .S.710'ETWRZ Pf..410.(Fe. 2047rIIQFII SMELT JOL.EPTER?11:.1.5, (2,!ii) 862- SCALE: ttia DRAWN; DESIGN SHEET: 2 OF 50131\W: 16334.16 Resolution #09010 January 22, 20p9 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR. #09010) February 5, 2009 BY: Finance Committee, Tom Middleton, 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 — WATERFORD 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 relocating and upgrading electrical services to the maintenance building and the aoministration building at Waterford Oaks County Park and is requesting Oakland County grant an easement for underground electric service. 2. 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. 3. No General Fund/General Purpose funding is required FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a rol: call vote with Zack and Coulter absent. I HEREBY APPROVE THE FOREGOING RESOLUTION Am. 2--// 3 / 7 Resolution #09010 February 5, 2019 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consetit Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson. Gingell, Gosselin, Greimt, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runesta , Schwartz, Scott, Taub, Woodward, Bullard. (24) NAYS: None, (0) 1 A sufficient majority having voted in favor. the resolutions (with fiscal notes attached) on the Conseht Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a trie and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 5, 2009, 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 Pont*, Michigan this 5th day of February, 2009. Gat Ruth Johnson, County Clerk '