HomeMy WebLinkAboutResolutions - 2009.09.24 - 9985MISCELLANEOUS RESOLUTION #09225 September 24, 2009
By: Planning and Buildin2, 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 tide 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 h ills: 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 IIills 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 C:ty 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
WHEREAS, there is no outstanding debt or other indebtedness with respect to the
finance, design or construction of the System; and
WHEREAS, 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 THEREFORE 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 I hills,
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with 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
MISCFLT ANTFOIN RESOLUTION # September 8, 2009
Attachment A
OUT 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 full possessory
interest, in the property described in Attachment A, including easements and right-
of-way, and the water mains, laterals and related equipment, facilities and
improvements therein, excluding leads, located within the easement and/or 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 and/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 ATTACHEMENT "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
MISCELLANEOUS 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 scaled 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"
CITY OF BLOOMFIELD HILLS
EASEMENT TRANSFER
'LUBER PAGE SIDWELL NO(S)
4497 340 19-11-401-000, 19-11-402-000, 19-11-403-000 & 19-11-452-000 ,
5326 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 738 ROAD ROW
5326 , 739 _ ROAD ROW
5326 740 ROAD ROW
5326 742 ROAD ROW
5326 743 ROAD ROW
5326 744 ROAD ROW
5326 745 ROAD ROW
5326 746 ROAD ROW
5326 747 ROAD ROW
5326 748 ROAD ROW
5326 749 ROAD ROW
5326 750 ROAD ROW
, 5326 751 ROAD ROW
, 5326 752 ROAD ROW
5326 753 ROAD ROW
l
5326 754 19-10-452-013
5326 760 19-23-176-004
5326 761 19-23-176-003
5326 762 10-22-401-014
5326 764 19-23-301-002
5327 878 ROAD ROW
Page 1 of 6
ATTACHMENT "A"
CITY OF BLOOMFIELD HILLS
EASEMENT TRANSFER
5339 705 19-10-351-016 thru -021 incl.
5339 707 ROAD ROW
; 5339 709 19-09-276-005
1 5339 710 ROAD ROW
. 5339 711 ROAD ROW
1
, I 5339 712 ROAD ROW
5339 713 ROAD ROW
5339 714 ROAD ROW
5339 715 ROAD ROW
, 5339 716 ROAD ROW
5339 717 ROAD ROW ,
5339 718 ROAD ROW i.
5339 719 19-15-276-020
5339 723 19-22-426-015
i 5339 724 19-22-401-044 & -045
5339 725 ROAD ROW
5339 726 ROAD ROW
5339 727 ROAD ROW
5339 728 ROAD ROW
5339 729 ROAD ROW
5339 730 ROAD ROW
5339 731 ROAD ROW
5339 732 ROAD ROW
5339 733 ROAD ROW
5339 734 ROAD ROW ...—
5339 735 ROAD ROW
5339 736 ROAD ROW
5339 737 ROAD ROW
5339 738 ROAD ROW _
5339 739 ROAD ROW
5339 740 ROAD ROW
Page 2 of 6
Page 3 of 6 ATTACHMENT "A"
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 ROAD ROW
5352 44 ROAD ROW
5352 52 ROAD ROW
5352 53 , ROAD ROW
5352 59 ROAD ROW
5352 60 , ROAD ROW
5372 1 ROAD ROW
6372 2 ROAD ROW -- ,
5372 3 ROAD ROW
5372 4 ROAD ROW
5372 5 ROAD ROW
5372 6 ROAD ROW
5432 19 19-10-376-008
5432 20 , 19-14-276-031
5432 21 19-14-276-020, -021, -022, -023, -025 & -026
5432 , 22 19-15-228-002, -003 & -004
5432 ! 24 19-14-127-040
5432 25 19-23-176-019
5432 26 19-23-326-001
ATTACHMENT "A"
CITY OF BLOOMFIELD HILLS
EASEMENT TRANSFER ,
5436 895 ROAD ROW
6435 896 ROAD ROW
5435 898 19-23-176-020
5435 899 19-14-428-003
5435 900 19-10-426-052 thru -059 incl.
5436 ' 19-10-426-080 thru -123 incl.
5436 2 19-14-428-004 ,
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
1. 5447 229 ROAD ROW
5447 230 ROAD ROW
5447 231 ROAD ROW
,-
5447 232 ROAD ROW _
5447 233 ROAD ROW
, 5447 235 19-14-178-001
5447 313 19-14-126-013, -016 & -017 (NKA ROAD ROW)
_ 5449 249 19-23-176-031
5454 555 ROAD ROW
5454 556 ROAD ROW
5454 557 19-15-378-002
5467 67 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)
Page 4 of 6
Page 5 of 6 ATTACHMENT "A"
CITY OF BLOOMFIELD HILLS
EASEMENT TRANSFER
1-5482 885 ROAD ROW
5490 839 19-22-401-054 (NKA ROAD ROW)
5496 446 19-23-326-029
5503 241 19-23-326-026
5504 643 ROAD ROW (Lone Pine Court)
5508 52 , 19-10-426-017
. 5511 228 19-22-176-001 & 19-22-200-001(13HW-9-151R)
. 5511 295 19-23-101-002 (BHW-14-153R)
. 5534 , 748 19-10-376-009
. 5544 80 ROAD ROW (Long Lake)
. 5549 750 19-15-229-000 Private Road (The Oaks Condominium)
5549 751 19-15-229-000 (The Oaks Condominium)
5574 346 19-15-230-000 (Scenic Woods Condominium)
5588 474 19-23-176-018
5588 . 475 i 19-14-178-013 & 19-14-326-072, -110, -112 & -113 i
5615 167 i 19-14-326-007 trim -071 incl. (Cranbrook Manor Condominium)
5723 I 316 19-14-303-009
5830 626 19-23-476-003
6051 238 , 19-14-326-007 thru -071 incl. (Cranbrook Manor Condominium)
6132 760 19-15-276-017
6216 27 19-15-378-002
6942 322 19-23-227-005, -006, -007 & -011
7072 418 19-15-151-011
7392 649 19-10426-016
8004 842 19-23-276-011
8088 233 19-14-252-002
8214 734 19-10-428-067 thru -074 incl
8831 143 19-14-351-022 , .
16513 756 19-15-277-000 (Vaughan Crossing Condominium)*Esmt. Use
26237 182 19-11-427-005 & 19-12-301-001
. 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 19-10-425-080 thru -123 incL(HiQkory Glen Conacminiurn)
41323 237 19-23-1 76-000 (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.