HomeMy WebLinkAboutResolutions - 2009.07.30 - 9795MISCELLANEOUS RESOLUTION #09142 July 15, 2009
BY: Planning and Building Committee, John Scott. Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENTIOAKLAND COUNTY
INTERNATIONAL AIRPORT — REQUEST TO GRANT A SANITARY SEWER EASEMENT TO
THE CHARTER TOWNSHIP OF WATERFORD, OAKLAND COUNTY INTERNATIONAL
AIRPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Oakland County International
Airport located in the Waterford Township, and
WHEREAS, the Oakland County International Airport staff has received a request to grant
an easement for sanitary sewer along Astro Drive in the extreme northwest corner area of the
Oakland County International Airport from the Charter Township of Waterford; and
WHEREAS. granting the easement would allow the Township to extend its sanitary sewer
system to provide service to three hangar lessee properties located along Astro Drive. All
construction related costs would be bourn by lessees; and
WHEREAS, the Oakland County Aviation staff and the Waterford Township Engineering
staff have agreed upon a route for the said sanitary sewer: 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 sanitary sewer easement to the
Charter Township of Waterford 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 sanitary sewer and all
other related documents which may be required.
Chairperson, on behalf 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 with Runestad absent.
GRANT OF SANITARY SEWER EASEMENT IN GROSS
THIS EASEMENT IN GROSS located at the Oakland County International Airport, 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 uGrantorn) to the Charter Township of Waterford, a Michigan Municipal Corporation, whose
address is 5200 Civic Center Drive, Waterford, Michigan 48329 (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 a sanitary sewer and related appurtenances, and to provide the
Grantee with access to the parcels described in Section 1 and Exhibit @, for the limited purpose of
maintaining said sanitary sewer and related appurtenances:
1. Parcel Number(s): 13-17-400-003, 13-18-251-004 and 13-18-251-005.
2. Grantor's Land is located in the Township of Waterford, Oakland County, Michigan and is
known as part of the Oakland County International Airport.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 6), Easement in Gross to permit construction, installation, operation, maintenance,
replacement and removal of a sanitary sewer and related appurtenances. Under no
circumstances can the Easement in Gross be used for any other purpose than a sanitary sewer
utility.
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 sanitary sewer and related appurtenances.
However, Grantee shall not perform any maintenance -and/or construction activities without using
its best efforts to obtain prior approval from Grantor, except for emergency repairs. Neither
Grantor nor its agents, employees, contractors, or tenants on the Airport property shall access the
water main or its related appurtenances without the express approval of an authorized employee
of the Department of Public Works of the Grantee.
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 20-ft. wide
permanent (subject to Section 6), Easement in Gross described in Section 1 and Exhibit B.
6. 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. 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 sanitary sewer and related
appurtenances. 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.
7. 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 this Easement
prohibits from being placed in the Easement in Gross. In the event Grantor, its employees, agents
or contractors causes damage to the sanitary sewer or related appurtenances within the easement,
notice thereof shall be immediately given to the Grantee, and the responsibility for repair, injury and
losses there from shall be as set forth in Section 8 hereof.
8. Liability: The Grantor and Grantee shall be responsible for their own acts and the acts of their
employees, agents, and subcontractors, all costs associated with those acts, and all costs
associated with the defense of those acts. This Easement in Gross does not, and is not
intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other
legal right, privilege, power, obligation, duty, or immunity of the Grantor or Grantee.
9. insurance: Grantee arid 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 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 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.
10. 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: Charter Township of Waterford, a Michigan
Municipal Corporation.
By:
Carl W. Solden, Supervisor
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 Charter
Township of Waterford, a Michigan Municipal Corporation, 5200 Civic Center Dr., Waterford, Michigan,
48329.
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,
Mdh5/7/09
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SANITARY SEVIER EASEMENT:
A 20—FOOT WIDE EASEMENT FOR SANITARY SEWER PURPOSES BEING
LOCATED OVER ANC ACROSS LAND IN THE NORTHEAST 1/4 OF
SECTION 18, TOWN 3 NORTH — RANGE 9 EAST, WATERFORD
TOWNSHIP, OAKLAND COUNTY, MICHIGAN. SAID 20—FOOT WIDE
EASEMENT, BEING 10 FEET ON BOTH SIDES Of A CENTERLINE
DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE OF LOT 7
OF ASTROPARK NO, 1, AS RECORDED IN LIBER 147 OF PLATS, PAGE
16, OAKLAND COUNTY RECORDS; SAID POINT OF BEGINNING BEING
S001 4100"E, ALONG SAID WEST LINE, 36,61 FEET; FROM THE
NORTHWEST CORNER OF SAD 1.0T 7; THENCE ALONG THE CENTERLINE
OF SAID 20—FOOT AIDE EASEMENT S89'31121 ME A DISTANCE OF
i I 234.35 FEET; THENCE S8712'381, CONTINUING ALONG SAID
I I CENTERLINE, 331.64 FEET TO THE POINT OF ENDING. I I I
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LIBER 147 OF PLATS, PAGES 16
OAKLAND COUNTY RECOROS
tinDRESS 17415
(PARCEL 1.0. 13-18-251-004)
RED
DRAW AIBINAC
NECKED: CTB
DATE 2/25/2009
REVISED:'
SHEET: 1 OF 1
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Resolution #09142 July 15, 2009
The Chairperson referred the resolution to the Finance Committee There were no objections.
FISCAL NOTE (MISC. #09142) July 30, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT / OAKLAND COUNTY
INTERNATIONAL AIRPORT REQUEST TO GRANT A SANITARY SEWER EASEMENT TO
THE CHARTER TOWNSHIP OF WATERFORD, OAKLAND COUNTY INTERNATIONAL
AIRPORT
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 resolution authorizes and approves the granting of a sanitary sewer
easement and related appurtenances to the Charter Township of Waterford for
the sum of one ($1) dollar.
2. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long, Potter and Woodward absent.
Resolution #09142 July 30, 2009
Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Burns. Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott, Taub,
Woodwaro, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying rupoitb buiny occupied).
I HEREBY APIIIOVE THE FOREGOING RESOLIITION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, C!erk 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 July 30,
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
Pontiac. Michigan this 30th day of July, 2009.
ade
Ruth Johnson. County Clerk