CTY of OV CTY COUCL Agenda tem E June 16, 214 SUBJECT: Acceptance of a warranty deed from Pulte Land Company, LLC for the master planned 6-foot right-of-way along the west side of Wixom Road (Parcel 22-18-2-3 and parcel 22-18-2-25) and the master planned 43-foot right-of-way along the south side of Twelve Mile Road (Parcel 2-18-2-2) as part of the Berkshire Pointe residential development. SUBMTTG DEPARTMET: CTY MAAGER APPROVAL: r BACKGROUD FORMATO: Departm: Public Services, Engineering Division \?fl The developer of Berkshire Pointe, Pulte Land Company, LLC, is requesting acceptance of warranty deeds conveying the master planned right-of-way along Wixom Road and 12 Mile Road along the frontage of the site. Berkshire Pointe w ill be located on Wixom Road south of Grand River Avenue and also have frontage on 12 Mile Road (see attached map). The developer is offering the donation of the master planned right-of-way for Wixom Road and Twelve Mile Road as part of the approved site plan. The enclosed warranty deeds have been favorably reviewed by the City Attorney (Beth Saarela's June 9, 2141etter, attached) and is recommended for approval. RECOMMEDED ACTO: Acceptance of a warranty deed as a donation from Pulte Land Company, LLC for the master planned 6-foot right-of-way a long the west side of Wixom Road (Parcel 22-18-2-3 and parcel 22-18-2-25) and the master planned 43-foot right-of-way a long the south side of Twelve Mile Road (Parcel 2-18-2-2). Mayor Gatt Mayor Pro Tern Staudt Council Member Casey Council Member Fischer 1 2 y 1 2 y Council Member Markham Council Member Mutch Council Member Wrobel
Twelve Mile Rd Twelve Mile Rd Berkshire Pointe Location Map Grand River Ave Proposed ROW Dedication 5-22-18-2-2 5-22-18-2-25 Proposed ROW Dedication Wixom Rd Wixom Rd 5-22-18-2-3 Catholic Central School DR Map Author: A. Wayne Date: May 23, 214 Project: Version #: Amended By: Date: Department: MAP TERPRETATO OTCE Map information depicted is not intended to replace or substitute for any official or primary source. This map was intended to meet ational Map Accuracy Standards and use the most recent, accurate sources available to the people of the City of ovi. Boundary measurements and area calculations are approximate and should not be construed as survey measurements performed by a licensed Michigan Surveyor as defined in Michigan Public Act 132 of 197 as amended. Pleased contact the City GS Manager to confirm source and accuracy information related to this map. City of ovi Engineering Division Department of Public Services 263 Lee BeGole Drive ovi, M 48375 cityofnovi.org Feet 4 8 16 24 32 1 inch = 21 feet
JRSJ JOHSO ROSAT SCHULTZ JOPPCH PC 27555 Executive Drive Suite 25 - Farmington Hills, Michigan 48331 Phone: 248.489.41 Fax: 248.489.1726 Elizabeth Kudla Saarela esaarela@jrsjlaw.com www.j ohnsonrosati. com June 9, 214 Rob Hayes, Public Services Director CTY OF OV Department of Public Services Field Services Complex 263 Lee BeGole Drive ovi, M 48375 Re: Berkshire Pointe ROW Acceptance- (Wixom Road) Dear Mr. Hayes: We have received and reviewed, and enclosed please find the following documents for acceptance: 1. Warranty Deed for Wixom Road Right-of-Way 2. Warranty Deed for 12 Mile 3. Commitment for Title nsurance The Developer of the Berkshire Pointe Condominium seeks to dedicate required exterior Rightof-Way along Wixom and Twelve Mile Roads to the City. Once the existing Right-of-Way is accepted, the Master Deed for Berkshire Pointe will be amended so that the Right-of-Way is not shown as a general common element of the Condominium. At the time Right-of-Way improvements are completed, the Developer will submit a separate Bill of Sale and Maintenance and Guarantee Bond for acceptance of the new paving and curb improvements. Subject to approval of the legal description of the Wixom Road and Twelve Mile Right-of-Way by the City's Engineering Division, the Warranty Deeds may be placed on an upcoming City Council Agenda for acceptance. Once accepted, the Warranty Deeds should be recorded with the Register of Deeds in the usual manner. Once recorded, the City will provide copies to the Developer in order to initiate the Master Deed Amendment process. Please feel free to contact me with any questions or concerns in regard to this matter. FARMGTO HLLS LASG MARSHALL
Rob Hayes, Public Services Director June 9, 214 Page 2 Very truly yours, SAT, SCHULTZ & JOPPCH, P.C. EMK Enclosures C: Maryanne Cornelius, Clerk (w/original Enclosures) Sue Troutman, Clerk's Office (w/enclosures) Charles Boulard, Community Development Director (w/enclosures) Barb McBeth, Deputy Community Development Director (w/enclosures) Sheila Weber, Treasurer's Office (w/enclosures) Kristin Pace, Treasurer's Office (w/enclosures) Aaron Staup, Construction Engineering Coordinator (w/enclosures) Adam Wayne, Staff Engineer (w/enclosures) Sarah Marchioni, Building Permit Coordinator (w/enclosures) David Beschke, Landscape Architect (w/enclosures) Sue Troutman, City Clerk's Office (w/enclosures) Andrew Wozniak, Zeimet Wozniak (w/enclosures) Sandra Sorini-Eiser, Esquire (w/enclosures) Thomas R. Schultz, Esquire (w/enclosures)
WARRATY DEED KOW ALL ME BY THESE PRESETS, that Pulte Land Company, LLC, a Michigan limited liability company, Bloomfield Parkway, Suite 14, Bloomfield Hills, Michigan 4834 conveys and warrants to City ofovi, a Michigan Municipal Corporation, whose address is 45175 West Ten Mile Road, ovi, Michigan 48375, the following described premises situated in the City ofovi, County of Oakland, State of Michigan, to wit: See attached Exhibit "A" attached hereto and made a part hereof. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the sum of One and no/1 ------------------- -Dollars ($1.). THE PROPERTY COVEYED BY THS DEED MAY BE LOCATED WTH THE VCTY OF FARM LAD OR A FARM OPERATO. GEERALLY ACCEPTED AGRCULTURAL AD MAAGEMET PRACTCES WHCH MAY GEERATE OSE, DUST, ODORS, AD OTHER ASSOCATED CODTOS MAY BE USED AD ARE PROTECTED BY THE MCHGA RGHT TO FARM ACT. Dated this, 2 1± Signed by: STATE OF MCHGA ) ss COUTY OF Qa\(\and ) The foregoing instrument was acknowledged before me this Ljo/h. day of 'JUn, 2J.i_, by KeV(fJ Ovis+vo", the MA!d%t6z.ed of Pulte Land Company, LLC, a Michigan limited liability company. Y1;v o!.afypt:blicrpoj < lclar.ol County, Michigan My Commission Expires: fov!d""1..a 5, 2._v2 When Recorded Return to: Send Subsequent Tax Bills to: Drafted by: Maryanne Cornelius, Clerk City ofovi Elizabeth M. Kudla City ofovi 45175 West Ten Mile Road 27555 Executive Drive, Suite 25 45175 West Ten Mile Road ovi, Michigan 48375 Farmington Hills, Michigan ovi, Ml 48375-324 48331 Part oft ax Parcel o. 22-18-2-3 & 22-18-2-25 Job o. Recording Fee Transfer Tax-----
n- EXHBT'A' ' - '""'"' ""' ' ' '"" H OiO 1,i \ ORTH LE SEC. 18,.-.'"'.. " Oi "" '"' PROPOSED BERKSHRE POTE S88'46' 44"E 6.3'..., ----.. (.. w z ::J?i O"l ci O"l o' ' 1 < w b )! w z 'Ul ::J >- "' l._ "\..E. CORER SECTO 18 T. 1., R. 8 E. CTY OF OV OAKLAD CO., POT OF BEGG M. u WrE s SCALE: 1" = 15' f),..., z Ul LEGAL DESCRPTO A DESCRPTO OF A 6 FOOT WDE RGHT OF WAY AREA LOCATED THE ORTHEAST 1/4 OF SECTO 18, T. 1., R. 8 E., CTY OF OV, OAKLAD COUTY, MCHGA, DESCRBED AS: COMMECG AT THE ORTHEAST CORER OF SAD SECTO 18; THECE S. '41'" E. 511.99 FEET ALOG THE EAST LE OF SAD SECTO TO THE POT OF BEGG OF SAD AREA; THECE COTUG ALOG SAD EAST LE OF SAD SECTO S. '41'" E. 715.66 FEET; THECE S. 89i9'" W. 6. FEET; THECE. '41'" W. 717.66 FEET; THECE S. 88'46'44" 6.3 FEET TO THE POT OF BEGG...,z..,::J q... S89"19'"W 6.' 22-18-2-24 REVSOS TEM DATE BY O V sc.u: HOR: 1 "" 15' RGHT OF WAY DATE BERKSHRE POTE 2-27-14 FlELO BOOK O. ZEMETW MCHGA DESGED BY JOB O. RH 13165 Civil Engineers & Land Surveyors 558 GRAD RVER AVE. SUTE 1 DRAW BY SHEET O. EW HUDSO. MCHGA 48165 P: (248) 437-599 F: (248) 437-5222 www.zeimetwozniak.com PTG 1/1
WARRATY DEED KOW ALL ME BY THESE PRESETS, that Pulte Land Company, LLC, a Michigan limited liability company, 1 Bloomfield Parkway, Suite 14, Bloomfield Hills, Michigan 4834 conveys and warrants to City ofovi, a Michigan Municipal Corporation, whose address is 45175 West Ten Mile Road, ovi, Michigan 48375, the following described premises situated in the City ofovi, County of Oakland, State of Michigan, to wit: See attached Exhibit "A" attached hereto and made a part hereof. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the sum of One and no/1--------------------------dollars ($1.). THE PROPERTY COVEYED BY THS DEED MAY BE LOCATED WTH THE VCTY OF FARM LAD OR A FARM OPERATO. GEERALLY ACCEPTED AGRCULTURAL AD MAAGEMET PRACTCES WHCH MAY GEERATE OSE, DUST, ODORS, AD OTHER ASSOCATED CODTOS MAY BE USED AD ARE PROTECTED BY THE MCHGA RlGHT TO FARM ACT. Dated this ---':J'---"--1., _day of'---',fhl..!.:,f--/,, 2 :_/..: Signed by: STATEOFMCHGA ) )SS COUTY OF Da KW ) The foregoing instrument was acknowledged before me this day of /.1_.()(.,, 2_Lt±_, by Kvl{\ Lhoso", the At<.#-looz-ed of Pulte Lan Company, LLC, a Michigan limited liability company. v otary Public ()a )::::LQ fl..rf County, Michigan My Commission Expires: When Recorded Return to: Send Subsequent Tax Bills to: Drafted by: Maryanne Cornelius. Clerk Cityofovi Elizabeth M. Kudla City ofovi 45175 West Ten Mile Road 27555 Executive Drive, Suite 25 45175 West Ten Mile Road ovi, Michigan 48375 Farmington Hills, Michigan ovi, M 48375-324 48331 Part oft ax Parcel o. 22-18-2-3 & 22-18-2-25 Job o.. Recording Fee. Transfer Tax
EXHBT'A'.E. CORER SECTO 18 T. 1., R. 8 E. CTY OF OV OAKLAD CO., M.?" --------- ------------------- +"' z SCALE: 1" = 15'... == :- ' ' r.o ::.:::. '... ",_, ' ' '.... -- f...... ' ' - - - --.,., '... r.o ' - =-..-- PROPOSED BERKSHRE POTE 22-18-2-,2,. LEGAL DESCRPTO r.o r.o - '... -- --- ' -- - ---... (.!) z ;,. P. "' CD ;.,..;-,.-).,.,... (.!) E3 J-'.1 f- ZUJ ' z ;::: :- o g; L=66.22' -.[2 a.. w 8: R=43.' -' t.==88i4'26" --t? \V CH BR=S45i1'55"W......._.2 CH-59.87' - :o;._:._ \\_"44'12"W 43.' 12MULE 1\ ROAD. (33'WD 1/2 22-18-2-22 WDTH) A DESCRPTO OF A 43 FOOT WDE RGHT OF WAY AREA LOCATED THE ORTHEAST 1/4 OF SECTO 18, T. 1., R. 8 E., CTY OF OV, OAKLAD COUTY, MCHGA, DESCRBED AS: COMMECG AT THE ORTHEAST CORER OF SAD SECTO 18; THECE. 88"55'17" W. 1268.93 FEET ALOG THE ORTH LE OF SAD SECTO TO THE POT OF BEGG OF SAD AREA; THECE 66.22 FEET ALOG THE ARC OF A CURVE TO THE RGHT, RADUS 43. FEET, CETRAL AGLE 8814'26" AD A CHORD THAT BEARS S. 4511'55" W. 59.87 FEET; THECE. "44'12" W. 43. FEET; THECE ALOG SAD ORTH LE OF SAD SECTO S. 88'55'17" E. 43.4 FEET TO THE POT OF BEGG. SCALE REVSOS RGHT OF WAY DATE HOR: 1-15 TEM DATE BY FELD BOOK O. BERKSHRE POTE 2-27-14 O V ZEMET wo MCHGA DESGED BY JOB O. RH 13165 Civil Engineers & Land Surveyors 558 GRAD RlVER. AVE.. SUTE 1 DRAW BY SHEET O. EW HUDSO. MC!llGA 48165 P: (248) 437-599 F: (248) 437-5222 www.zeimetwozniak.com PTG 1/1