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Home My WebLink AboutResolutions - 2009.10.14 - 9909MISCELLANEOUS RESOLUTION 09225 September 24, 2009 By: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD HILLS WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHTS-OF-WAY, WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1964 and under provisions of Act 185 of the Public Acts of 1957, as amended, the County established and holds legal title to the Bloomfield Hills Water Supply System which consists of transmissions mains, distribution laterals and appurtenances necessary for the transportation and distribution of potable water purchased by the County from the City of Detroit to serve the City of Bloomfield Hills: and WHEREAS, pursuant to a contract dated October 1, 1968, and amended thereafter, between the County and City of Bloomfield Hills, the County issued bonds, secured by the full faith and credit of the municipality for the finance, design. acquisition and construction of the Bloomfield Hills Water Supply System; and WHEREAS, on July 17, 1969, and pursuant to Miscellaneous Resolution No. 5143 the County approved a contract dated July 2, 1969, and amended thereafter, between the County and the City of Detroit, whereby the City of Detroit agreed to deliver, and the County agreed to purchase water to supply the needs of the City of Bloomfield Hills; and WHEREAS, pursuant to Miscellaneous Resolution No. 93075 the Water Resources Commissioner was authorized to administer, operate and maintain the Bloomfield Hills Water Supply System on behalf of the City of' Bloomfield Hills; and WHEREAS. the City of Bloomfield Hills has determined that it is in the best interests of their residents to become a member of the Southeastern Oakland County Water Authority (SOCWA) and has entered into a water supply contract whereby SOCWA agrees to deliver, and City agrees to purchase water to supply the needs of the City of Bloomfield Hills; and WHEREAS, the City of Bloomfield Hills has requested that the County divest itself and transfer all title and interest in the Bloomfield Hills Water Supply System; and WI IEREAS, there is no outstanding debt or other indebtedness with respect to the finance, design or construction of the System: and WIIEREAS, the County, through its Water Resources Commissioner, will continue to administer, operate and maintain the system on behalf of the City of Bloomfield Hills, and the City agrees to pay the County for all associated costs and expenses associated with the administration, operation and maintenance of the Bloomfield Hills Water Supply System; and NOW TIIEREFORE BE IT RESOLVED that given the special and unique circumstances related to the original acquisition and subsequent use of the property and in consideration of the health, safety and welfare of the citizens of the City Bloomfield Hills the County hereby transfers and assigns all County interest in easements, rights-of-way, water mains, laterals and related equipment, facilities and improvements relating to the Bloomfield Hills Water Supply System to the City of Bloomfield Hil PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote Willi Capello voting no and Runestad absent. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute a Quit Claim Deed in substantially the form attached hereto as Attachment A in favor of the City of Bloomfield Hills and any other necessary property transfer documents. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION # September 8, 2009 Aftachment A QUIT CLAIM CONVEYANCE OF EASEMENTS. RIGHT-OF-WAY AND WATER SYSTEM FACILITIES AND IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS, that The COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) receipt of which is hereby acknowledged, paid to them by the CITY OF BLOOMFIELD HILLS, a Michigan Municipal Corporation, Grantee, whose address is 45 E. Long Lake Road, Bloomfield Hills, Michigan 48304, does hereby convey and Quit Claim to Grantee all rights, title and interests Grantor may posses, but only to the extent of its interest, including any adverse possessory interest which may ripen in the future into fill! possessory interest, in the property described in Attachment A i including easements and right- of-way, and the water mains, laterals and related equipment, facilities and improvements therein, excluding leads, located within the easement andJor right- of-way areas described on the attached and incorporated Attachment A. Grantor conveys to Grantee all easements and right-of-way and water system improvements, including the right to construct, operate, maintain, repair arid/or MISCELLANEOUS RESOLUTION # September 8, 2009 Attachment A replace a water supply system across and through the following described land situated in the City of Bloomfield Hills, Oakland County, Michigan, PROPERTY DESCRIPTIONS: SEE ATTACHEIVIENT "A" Grantee agrees to and acknowledges that it shall be responsible for all restrictions and conditions as set forth in the easements and right-of-way set forth in Attachment A. This instrument shall be binding upon and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signature(s) on the dates indicated below. WITNESSES COUNTY OF OAKLAND, a Michigan Constitutional Corporation (L.S.) Willis Bullard, Jr., Chairperson M)SCELIANEOLIS RESOLUTION # September 8, 2009 Attachment A ACKNOWLEDGEMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On this day of , A.D., 2009, before me, a Notary Public in and for said County, personally appeared Willis Bullard, Jr, to me personally known, who being by me duly sworn did say that he is the chairperson of the County Board of Commissioners for the COUNTY OF OAKLAND, a Michigan Constitutional Corporation a corporation created and existing under the laws of the State of Michigan, and that the said Quit Claim Conveyance was signed and sealed on behalf of said corporation by authority of its Board of Commissioners, and the said Chairperson acknowledged the said instrument to be the free act and deed of the said Corporation. Notary Public , County, My Commission Expires:_ This instrument drafted by: Paul E. Dove, Right of Way Supervisor, Office of the Oakland County Water Resources Commissioner Bldg. 95 West One Public Works Drive Waterford, Michigan 48328-1907 -3- ATTACHMENT "A" Page 1 of 6 CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER iLIBER 1 PAGE =WELL NO(S) 4497 340 19-11-401-000, 19-11-402-000, 19-11-403-000 & 19-11-452-000 5325 727 19-22-401-047 5326 728 19-23-176-030 5326 729 19-14-178-001 5326 731 19-10-376-009 5326 733 19-09-276-001 5326 735 19-14-276-014 5326 736 ROAD ROW 5326 737 ROAD ROW 5326 1 738 ROAD ROW 5326 739 ROAD ROW I 5326 740 ROAD ROW 5326 742 ROAD ROW 5326 _ 743 ROAD ROW 5326 744 ROAD ROW 4 5326 745 ROAD ROW 5326 746 ROAD ROW 1 5326 5326 5326 5320 5326 5326 1 5326 0326 5326 5326 5326 5326 77,7 748 749 750 751 752 753 754 760 761 762 764 ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW 19-10-452-013 19-23-176-004 19-23-176-003 19-22-401-014 19-23-301-002 5327 878 ROAD ROW ATTACHMENT "A" Page 2 of 6 705 707 CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER • 5339 5339 5339 709 5339 710 5339 711 5339 712 5339 713 5339 714 5339 715 5339 716 5339 717 5339 718 5339 719 5339 723 5339 724 5339 725 5339 726 5339 727 5339 728 5339 729 5339 730 5339 731 5339 732 5339 733 5339 734 5339 735 5339 736 5339 737 5339 738 5339 739 5339 740 ROAD ROW 19-09-276-005 ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW 19-15-276-020 19-22-426-015 19-22-401-044 & -045 ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW 19-10-351-016 thru -021 ICI. ATTACHMENT "A" Page 3 of 6 59 60 1 2 3 4 5352 5352 5372 5372 5372 5372 5 5372 ROAD ROW 6 5372 ROAD ROW 19 20 21 22 5432 5432 5432 5432 5432 5432 24 25 CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER 5339 741 ROAD ROW 5339 742 . ROAD ROW _ , 5339 743 ROAD ROW 5339 745 ROAD ROW , 5339 746 . ROAD ROW -- 5339 747 ROAD ROW _ 5339 748 . ROAD ROW _ 5339 775 ROAD ROW _ 5352 37 ROAD ROW 5352 39 ROAD ROW 5352 40 ROAD ROW 5352 41 ROAD ROW 5352 42 I ROAD ROW 5352 44 ROAD ROW 5352 52 ROAD ROW 5352 53 ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW ROAD ROW 19-10-376-008 19-14-276-031 19-14-276-020, -021, -022, -023, -025 & -026 19-15-228-002, -003 & -004 19-14-127-040 19-23-176-019 • 5432 19-23-326-001 26 ATTACHMENT "A" Page 4 of 6 232 5447 233 5447 235 5447 19-14-178-001 313 5447 249 5449 555 5454 556 5454 557 5454 67 5467 CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER .. — 5435 895 ROAD ROW . _ 5435 896 ROAD ROW , 5435 898 19-23-175-020 5435 899 19-14-428-003 5435 900 19-10-426-052 thru -059 ire. 5436 1 19-10-426-080 thru -123 incl. 5436 2 19-14-428-004 1 5436 3 19-23-176-004 5436 4 ROAD ROW 5447 222 19-15-276-020 5447 223 ROAD ROW 5447 224 ROAD ROW 5447 _ 225 19-22-401-014 5447 226 19-23-176-004 , - 5447 229 ROAD ROW _ 5447 230 ROAD ROW 5447 231 ROAD ROW ROAD ROW ROAD ROW 19-14-126-013, -016 & -017 (NKA ROAD ROW) 19-23-176-031 ROAD ROW ROAD ROW 19-15-378-002 ROAD ROW 5467 68 ROAD ROW , 5467 69 ROAD ROW 5467 70 19-22-176-001 & 19-22-200-001(BHW-9-151) 5467 71 19-23-101-003 5467 72 19-23-101-002 (BHW-14-153) ATTACHMENT "A" Page 5 of 6 839 5490 446 5496 241 5503 643 5504 52 5508 19-10-426-017 228 5511 295 5511 80 5544 19-15-229-000 Private Road (The Oaks Condominium) 750 L 5549 751 5549 551[ 731 .174 19-15-230-000 (Scenic Woods Condominium) 19-23-176-018 346 475 5588 167 5615 316 5723 626 5830 238 6051 760 27 6132 I 6216 19-15-276-017 19-15-378-002 322 19-23-227-005, -006, -007 & -011 6942 j 418 7072 649 7392 842 8004 233 8088 734 8214 19-15-277-000 (Vaughan Crossing Condominium)*Esmt. Use 756 16513 182 19-11-427-005 & 19-12-301-001 26237 CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER 5482 885 ROAD ROW 19-22-401-054 (NKA ROAD ROW) 19-23-326-029 19-23-326-026 ROAD ROW (Lone Pine Court) 19-22-176-001 & 19-22-200-001(BHW-9-1 51 R) 19-23-101-002 (BHW-14-153R) 5534 748 19-10-376-009 ROAD ROW (Long Lake) 19-15-229-000 (The Oaks Condominium) 19-14-178-013 & 19-14-326-072, -110, -112 &-113 19-14-326-007 thru -071 incl. (Cranbrook Manor Condominium) 19-14-303-009 19-23-476-003 19-14-326-007 thru -071 incl. (Cranbrook Manor Condominium) 19-15-151-011 19-10-426-016 19-23-276-011 19-14-252-002 19-10-426-067 thru -074 incl 8831 143 19-14-351-022 26900 781 19-14-152-008 ATTACHMENT "A" CITY OF BLOOMFIELD HILLS EASEMENT TRANSFER 27231 310 19-14-152-008 29065 1 _ 19-23-101-002 29065 8 19-23-101-003 41167 669 19-10-426-080 thru -123 incr.(Hickory Glen Condominium) 41323 237 19-23-176-000 (ENT) 41323 238 19-15-229-000 (ENT) Page 6 of 6 Resolution #09225 September 24, 2009 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR #09225) October 14, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD HILLS WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHT- OF-WAY, WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF BLOOMFIELD HILLS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XU-C of this Board. the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution approves the conveyance of Oakland County's interest in the easements, right-of-way, water mains, equipment and facilities of the Bloomfield Hills Water Supply System to the City of Bloomfield Hills for the sum of $1.00. 2. The Bloomfield Hills Water Supply System was constructed under an agreement dated October 1, 1968 between the County of Oakland and the City of Bloomfield Hills under the provisions of Act 185 of the Michigan Public Acts of 1957, as amended. 3. Bonds were issued for the project with all principal and interest payments the responsibility of the City of Bloomfield Hills; said bonds are paid in full. 4. Upon completion of the system, the County leased the system to the City of Bloomfield Hills and made it the City of Bloomfield Hills responsibility to cover all costs to adequately maintain said system, 5. The conveyance of the Bloomfield Hills Water Supply System to the City of Bloomfield Hills will relinquish Oakland County from any further liabilities to the system. 6. Oakland County Water Resources Commissioner will continue to operate and maintain the water system on behalf of the city and at the City of Bloomfield Hills' expense. 7. There are no fiscal implications and therefore, no budget amendment is required. FINA CE COWALli_ EE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #09225 October 14, 2009 Moved by Potts supported by Scott the resolution (with fiscal note attached) be adopted. AYES: Coleman. Coulter, Douglas, Gershenson. Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. Burns, Capella. (25) NAYS: None, (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 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 October 14. 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 14th day of October, 2009. Gat Ruth Johnson, County Clerk