HomeMy WebLinkAboutResolutions - 2009.03.26 - 9816MISCELLANEOUS RESOLUTION # 09048 March 5, 2009
BY: Planning and Building Commtttee. John Scott, Chairperson
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/ THE OAKLAND COUNTY
AIRPORT — REQUEST TO GRANT A WATER MAIN 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 Airport Committee has received a request to grant an
easement for a water main in the south central area of the Oakland County International Airport
from Realty Management Partners, Inc.: and
WHEREAS, granting the easement would allow Realty Management to complete its new
medical building project, provide for better fire protection in the area and provide a new section of
water main to better serve the south central area of the airport including the site of the proposed
new terminal building. All construction related costs would be bourn by Realty Management
Partners; and
WHEREAS, the Oakland County Aviation staff and the Waterford Township Engineering
staff have agreed upon a route for the said water main, 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 water main 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 water main 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.
Oakland County Department of Facilities Management
February 24, 2008
Request to Grant Water Main Easement
to the Charter Township of Waterford
Oakland County International Airport
Parcel No. 13-17-400-003
Background
The Oakland County International Airport Committee has received a request to grant a
12.00-ft. wide water main easement at the Oakland County International Air -port from
Realty Management Partners, Inc. Realty Management Partners is in the process of
constructing a new medical building on Highland Road (M-59) adjacent to the south
property line of the airport.
Granting the easement would allow Realty Management to complete its project, provide
for better fire protection and provide a new section of water main to better the serve the
south central area of the airport including the site of the proposed new terminal building.
All construction related costs would be bourn by Realty Management.
The Aviation Staff and Waterford Township's Engineering Department representatives
have approved the route for the water main.
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 Airport Committee and the Department of Facilities
Management that the Oakland County Board of Commissioners approve the granting of
the attached water main easement to the Charter Township of Waterford for the sum of
one dollar.
Mdh2/17/08
GRANT OF WATER MAIN 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 "Grantor) 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 water main 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 water main and related appurtenances:
1. Parcel Number(s): 13-17-400-003.
2. Grantor% Land is located in the Township of Waterford, Oakland County, Michigan and is
known as pad 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 water main and related appurtenances. Under no circumstances
can the Easement in Gross be used for any other purpose than a water main utility.
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 water main 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 12-ft. wide
permanent (subject to Section 6), Easement in Gross described as: See attached Exhibit A.
6. Interest in Realty: This grant and conveyance of an Easement in Grass 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
1
land and shall only extend to the use of said Easement in Gross for water main 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 water main 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 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 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 l'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.
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Notary Public
Acting in , County
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.
Drafted by: Michael Hughson, Oakland County Department of Facilities Management. One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Grantee.
Mdh2/12/09
3
Exhibit
12 WIDE WATER MAIN EASEMENT
Legal Description
LAND FOR TFIE PURPOSE OF A 12' WIEIE WATER MAIN EASEMENT THE CENTERLINE
DESCRIBED AS LYING IN THE SOUTHWEST 1/4 OF SECTION 17, TOWN 3 NORTH,
RANGE 9 EAST, WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN, BEING MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTH 1/4 CORNER OF SAID
SECTION; THENCE S. 895609" W. (RECORDED AS S. 8956'4r W.) ALONG THE SOUTH
LINE OF SAID SECTION 17, 515,29 FEET (RECORDED AS 515.00 FEET); THENCE N.
D020.35- E., (RECORDED AS N. 001717" E.) 48.42 FEET (RECORDED 48,21 FEET) TO
A POINT ON THE NORTH LINE OF M-59 (110 FEET WIDE), THENCE CONTINUING N.
002035' E., 417_00 FEET; TFIENCE N. 894534 - E. 150.27 FEET; THENCE N.
00•2035" E., 298.92 FEET; THENCE N. 8957'084 W., 152,49 FEET TO THE POINT OF
BEGINNING; THENCE N. 00'0635" E., 154.37 FEET; THENCE DUE WEST 15.00 FEET TO
THE POINT OF ENDING
In NOWAK & FRAUS
Coast/king Engineers • Land Surveyors • land Planners
46777 Woodward Avenue TeL (.48) 332-7931
Pwitiac, Michigan 48342 Fax, 1248; 332-8257
SCALE; DATE PRAWN JOB Na, SHEET
- 100' 12/18108 SW E751 2 of 2
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Exhibit
12' WIDE WATER MAIN EASEMENT
rlUE VEST
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S. SERVICE DR.
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.L I NOCrOWE S. 1/4 COR.
•)" 44142" SECTION 17
w L. 15290
M-59 (110' WDE) 518.29` P. 574 En NOWAK & FRAUS
Consulting Engineers Land Surveyors Land Planners
46777 Woodward Avenue TeL C248)332-7931
Pontiac, MIC,14411 45342 Fax- 20332-41257
SCALE DATE DRAI1W JOB No. SHEET
1'- 100' 12/18/08 BCD E751 1 of 2
Resolution #09048 March 5, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL. NOTE (MR #09048) March 26, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY AIRPORT —
REQUEST TO GRANT A WATER MAIN 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 Oakland County Airport Committee has received a request to grant a water
main easement at the Oakland County International Airport from Realty
Management Partners, inc.
2. The easement would allow Realty Management Partners to complete its new
medical building project, provide for better fire protection in the area, and provide
a new section of water main to better serve the airport including the site of the
proposed new terminal building.
3. Realty Management Partners would be responsible for all construction related
costs.
4. The resolution authorizes and approves the granting of a water main easement
to the Charter Township of Waterford for the sum of one (1) dollar.
5. No General Fund/General Purpose amendment is recommended. pti:ceoempo+99-E,F
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #09048 March 26, 2009
Moved by Long supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted),
AYES: Burns, Capella, Coleman, Coulter, Douglas, Gershenson, Gingeil, Gossefin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. Potter, Potts, Runestad, Schwartz,
Scott, Woodward, Zack, Bullard. (24)
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 HEREBY APPROVE THE FOREGOING RESOLUTION
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 March 26,
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 26th day of March, 2009.
ede
Ruth Johnson, County Clerk