cityofnovi.org

CITY of NOVI CITY COUNCIL

Agenda Item FFebruary 8, 2010

SUBJECT: Acceptance of a warranty deed from Heritage Office Park, LLC and the Apex Company, LLCfor the dedication of 60 feet of right-of-way along Novi Road as part of the Heritage Office Complexdevelopment located at 23623 and 23587 Novi Road (parcel 22-27-280-001) and approval toexecute a Quit Claim Deed conveying the dedicated 60 foot right-of-way to Oakland County.

SUBMITTING DEPARTMENT: D artment of Public Services, Engineering Divisionp,1L

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BACKGROUND INFORMATION:

Heritage Office Park, LLC and the Apex Company, LLC are requesting acceptance of a WarrantyDeed conveying the master planned sixty (60) feet of right-of-way for Novi Road, along the frontageof the Heritage Office Complex site. Heritage Office Complex is located on the west-side of NoviRoad, between Nine Mile Road and Ten Mile Road at 23623 and 23587 Novi Road (parcel 22-27­280-001 ).

Novi Road is under the jurisdiction of the Road Commission for Oakland County, therefore uponacceptance of the right-of-way from the property owner, the City should execute the enclosed QuitClaim Deed to convey the right-of-way to Oakland County.

The enclosed Warranty Deed has been favorably reviewed by the City Attorney (Beth Kudla'sOctober 14, 2009 letter, attached) and is recommended for approval. The enclosed Quit ClaimDeed has been prepared by the City Attorney (Beth Kudla's January 18, 2010 letter, attached) andis also recommended for approval.

RECOMMENDED ACTION: Acceptance of a warranty deed from Heritage Office Park, LLC and theApex Company, LLC for the dedication of 60 feet of right-of-way along Novi Road as part of theHeritage Office Complex development located at 23623 and 23587 Novi Road (parcel 22-27-280­001) and approval to execute a Quit Claim Deed conveying the dedicated 60 foot right-of-way toOakland County.

1 2 Y NMayor LandryMayor Pro Tern GattCouncil Member CrawfordCouncil Member Fischer

1 2 Y NCouncil Member MargolisCouncil Member MutchCouncil Member Staudt

SECRESTswWARDLE

30903 Northwc,lcrn HighwnyP.O. Bo,3040

Fnnningion Hills, MI 48333-3040Tel: 248-851-9500Fax: 248-851-2158

www.sccrcsht.nnllc.com

Ellmbcth ~l. ((udlnDirect: 248-539-2846

bltutlln@,cercs!w.rdle.cDm

COUNSELORS ,IT LAW

October 14, 2009

Rob Hayes, Public Services DirectorCITYOFNOVI45175 West Ten Mile RoadNovi, Michigan 48375-3024

Rc: Heritage Office Complex, SP06-62Utilities Review for AcceptanceOur File No. 660129.NOVI

Dear Mr. Hayes:

We have received and reviewed, and enclosed please find, the followingdocuments for the Heritage Office Complex located in Section 27 of the City:

1. Water System Easement2. Sanitary Sewer System Easement3. Bill of Sale (Water and Sanitary Sewer System Facilities)4. Warranty Deed (Novi Road)5. Title Policy6. Maintenance and Guarantee Bond Letters of Credit

We have the following comments relating to the above-named documents:

The Heritage Office Park, LLC, and Apex Company, L.L.C., seek toconvey water and sanitary sewer system facilities, as well as correspondingeasements for operation, maintenance and repair of the water and sewer facilitiesupon the subject property in Section 27 of the City, to the City of Novi. Ouroffice has reviewed and approves the format and language of the Water andSanitary Sewer System Easements. The City's Consulting Engineer has reviewedand approved the legal descriptions. As such, we recommend acceptance of theEasements and the corresponding Bill of Sale.

We have received and reviewed the letters of credit underlying theMaintenance and Guarantee Bonds for utilities. Subject to the property O\'iDersproviding a signed Maintenance Bond form (signed by both owners), and uponconfirmation that the amount has been approved by the City's ConsultingEngineer, we have no objection to the submittal of the Maintenance Bond in theproposed format.

Rob Hayes, Public Services DirectorOctober 14, 2009Page 2

Right-of-way for the Novi Road frontage of the development has beenprovided by Warranty Deed. The City's Consulting Engineer has reviewed andapproved of the legal descriptions attached to the Warranty Deed. The WarrantyDeed may be placed on an upcoming City Council Agenda for acceptance.

The Water and Sanitary Sewer System Easements may be accepted byAffidavit of the City Engineer. Once accepted, the Water and Sanitary SewerSystem Easements, as well as the Warranty Deed should be recorded with theOakland County Register of Deeds. We have enclosed all originals to the CityClerk's Office. The Bill of Sale and title work should be maintained in the CityClerk's File. We will forward a copy of the Maintenance Bond form upon itsreceipt by the Treasurer's Office early next week. We have no objection torelease of the Temporary Certificate of Occupancy based on the submittal of theMaintenance Bond Letter of Credit enclosed.

Please feel free to contact me withthis matter.

EMKEnclosuresC: Maryanne Comelius, Clerk (w/Ori . al Enclosures)

Marina Neumaier, Assistant Finance Director (w/Enclosures)Charles Boulard, Community Development Director (w/Enclosures)Barb McBeth, Deputy Community Development Director (wlEnclosures)Aaron Staup, Construction Engineering Coordinator (wlEnclosures)Taylor Reynolds and Byron Hanson, Spalding DeDecker (w/Enclosures)Sarah Marchioni, Building Permit Coordinator (wlEnclosures)Sheila Weber, Senior Customer Service Representative (w/Enclosures)Sue Troutman, City Clerk's Office (wlEnclosures)Mark Mahajan, Fairway Engineering (w/Enclosures)Thomas R. Schultz, Esquire (w/Enclosures)

C:lNrPorthllimunogc\BKUDLA\1285282_1.DOC

WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS, that HERITAGE OFFICE COMPLEX LLC, aMichigan limited liability company, whose address is 101 N. Big BeaverRoad, lOth Floor, Troy, Michigan 48084, and APEX COMPANY, LLC, a Michiganlimited liability company, whose address is 21580 Novi Road, Novi,Michigan 48375, collectively convey and warrant to the CITY OF NOVI, a~tichigan municipal corporation, whose address is 45175 W. Ten Mile Road,Novi, Michigan 48375, the following described premises situated in theCity of Novi, County of Oakland and State of Michigan, to-wit:

Part of the Northeast 1/4 of Section 27, TlN-R8E, City of Novi,Oakland County, Michigan, more particularly described as follows:Commencing at the East 1/4 Corner of said Section 27; thence alongthe East line of said section 27 and the centerline of Novi Road (60foot wide 1/2 Right of Way), N 00°06 I 48" W, 851.40 feet to the Pointof Beginning of a proposed 60 foot wide Right of Way dedication;thence along the North line of "ARROWON PINES CONDOMINIUM" asrecorded in Oakland County Condominium Subdivision Plan No. 771,889°59'26"1'1, 60.00 feet; thence N00 0 06'48"W, 296.03 feet; thenceN89°59'26'E, 60.00 feet; thence 800 0 06'48''E, 296.03 feet to the Pointof Beginning, (as set forth on the attached survey),

for the consideration of $1.00, subject to liens for real property taxeswhich are not yet due and payable, and has caused this instrument to beexecuted by their duly authorized Members. The grantor grants to thegrantee the right to make zero (-0-) divisions under section 108 of theland division act, Act No. 288 of the Public Acts of 1967. This propertymay be located within the vicinity of farmland or a farm operation.Generally accepted agricultural and management' practices which maygenerate noise, dust, odors, and other associated conditions may be usedand are protected by the Michigan right to farm act. This transaction isexempt from transfer tax under MSA 7.456 (Sa) and MSA 7.456 (26a).

Dated this l. ...tA day of _---J-M:....>.J,<(l...."4h""--'-._, 2 00 8 .

HERITAGE OFFICE COMPLEX LLC

By, f, Lv .Arv:trl G61ati, Member

STATE OF MICHIGAN, COUNTY OF OAKLAND

T~ f9regoing document was acknowledged before me this ~ day of______~~~~~J\a~~--, 2008, by Arvind Gulati, Member, on behalf of HeritageOffice Complex LLC, a Michigan limited liability company, by authority ofits operating Agreement.

:EX~Robert M. Rybicki, Member

WASHTENAWSTATE OF MICHIGAN, COUNTY OF~

The foregoing document was acknowledged before me this 5th day ofMarch , 2008, by Robert M. Rybicki, Member, on behalf of Apex

Company, LLC, a Michigan limited liability company, by authority of itsOperating Agreement.

Nancy A. Pear , Notary PublicWas~teDa~ T,G.q®~l_ Michigan

Actlng ln~ CountyMy commission expires: 6/30/11

This instrument prepared by:Karl R. FrankenaConlin, McKenney & Philbrick, P.C.350 S. Main Street, Suite 400Ann Arbor, Michigan 48104-2131(734) 761-9000

Recording fee: $20.00

Tax Certificate: $1.00

When recorded return to:Novi City ClerkNovi City Hall45175 W. Ten Mile RoadNovi, Michigan 48375

Transfer Tax: $ -0-

Tax Code #: Part of 22-21-200-014, -040 and -041

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O,scrlP~Jn 01 Prop",od 50' IOOhl 01 Wcrt Ded:calionPort 01 the II,rtr~osl I/~ 01 SeclJon 'lI, TI/l~R!It. City of 110";, Oaklorod Coonly, Ilchigon, mO(DpDllku~rIt descnceil os fol~.,: CoIMl'"iO'J 01 I'" [osl 1/~ Com" or !DId Se,li., 27: !h'n" <long Ih'Ensl i" 01 sold Socllon 27 OM th, ,en!!rr.. ,f No,; Rood (tiD fool wide 1/2 Ri~hl of Way), IllT06'~8'W,BSIAD l..t 10 U1, Pdnl .1 B'~rY1"'9 01 a prop,,,,d f.O 1001 .id. Ilighl of 'Ii'J ded.CoUon: th,,~o 01.1ljIhe 1I",lh r:M of "ARRll'/{{):/ pmES COIIOOU~,lUU' " recoried II DokioM COW1ly Condo.-nlli,m Sub!rlislonFion 110, 711, sa9'59'26'\'1, 60,00 I.el; Ih,nea t;oo'06'~B'\Y, 296.03 feel; U1ence 1189'S9'26'£, 60,00 fed:Ihenc. SOO06'~B'E, 29603 'eel 10 U1. Polnl 01 B'!Iitnlng.

e.ori'9 Rtf",nc.e.o"9' ..re "I,b',lwd from tho IOOlrd,d plol 01 'MYS1lC fOOESl' Q.,d p"";o,,ly ",corded d,ea,.

FAIRWAY ENGINEERING LLC23QaS NOV) RO~O. SUITE 140

NOV), 1.41 <49.:373

FAX ~;~~ 3~6:~~b~

NOVI ROAD R.O,W,HERITAGE OrnCE COMPLEX

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SECREST

SWWAR.DLE

30903 Northwestern Highll'oyP.O. Bo.~ 3040

Fllrmington Hills, MI 48333-3040Tel: 2<18-851-9500Fox: 248-851-2158

www.seercslwnnJlc.com

EIiZllbelh M. I(ullinDirect: 248-539-2846

blludln@scercstwnnJlc.com

COUNSELORS AT LAW

January 18, 2010

Aaron Staup, Engineering CoordinatorCITY OF NOVI45175 West Ten Mile RoadNovi, Michigan 48375-3024

Re: Heritage Office Complex, SP06-62Novi Road Right-of-WayOur File No. 660129 NOV1

Dear Mr. Staup:

We previously reviewed and approved the Warranty Deed conveying the60-foot Novi Road right-of-way adjacent to the Heritage Office Complex to theCity. A copy of the Warranty Deed is enclosed. Because Novi Road is a countyroad, the City should accept the right-of-way from the Developer of the projectand then convey it to Oakland County by quit claim deed. We have prepared theenclosed Quit Claim Deed from the City to the County for this purpose.

Upon City Council's acceptance of the Novi Road right-of-way, the Cityshould record the original Warranty Deed from the Developer to the City with theOaldand County Register of Deeds. The original Warranty Deed was provided tothe City Clerk's Office with our letter dated, October 14,2009.

At the time of acceptance of the right-of-way, City Council may alsoapprove conveyance of the Quit Claim Deed conveying the Novi Road right-of­way from the City to the County. Once approved and executed by tbe City, theoriginal Quit Claim Deed should be refurned to my attention and I will follow-upwith the Right-of-Way Department at the Road Commission to complete theCounty's acceptance of the Quit Claim Deed.

Please feel free to contact me with any lIesttons or concerns in regard tothis matter. ./

EMKEnclosuresC: Maryanne Cornelius, Clerk (w/Enclosures)

Rob Hayes, Public Services Director (wlEnc1osures)Thomas R. Schultz, Esquire (w/Enc1osures)

C:\NrPortbl\imnnnge\BKUDLA\136149 U .DOC

QUIT CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS, that the City of Novi, a Michigan municipal corporation, whoseaddress is 45175 W. Ten Mile Road, Novi, MI 48375, quitclaims to COUNTY OF OAKLAND, a MichiganConstitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, (hereinafter referredto as "Grantee"), the following described premises situated in the City of Novi, County of Oakland and Slate ofMichigan:

For the sum of$1,00, for right-of-way purposes.

Tax Exempt pursuant to MCLA 207.505, M.S,A. 7.456(5)(a) and MCLA 207.526, M.S. A. 7.456(26)(a)

Dated this day of , 200_.

IN WITNESS WHEREOF, the undersigned Grantor has affixed signature this day of,20_,

GRANTOR:

CITY OF NOVr, a Michiganmun ic ipal corporation

By:115:

STATE OF MICHIGAN )

COUNTY OF OAKLAND))SS

On this day of ,20_, before me, personally appeared the abovenamed , the of to me known to be theperson described in and who executed the foregoing instrument and acknowledged that they executed the same asher free act and deed.

Notary Public----c--:--- County, M[My commission expires _

When Recorded Return To: Send Subsequent Tax Bills To: Drafted By:Maryanne Cornelius, Clerk

Maryanne Cornelius, Clerk City ofNovi Elizabeth M. Kudla, Esq.City ofNovi 45175 W. Ten Mile Road Secrest Wardle45175 W. Ten Mile Road Novi, Michigan 48175 30903 Northwestern I-UghwayNovi, Michigan 48] 75 Farmington Hills, MI 48334

Tax Parcel # _Recording Fee: _

*Type or Print Names Under Signature

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