City of Royal Oak, MI Drainage and Appurtenances

The City of Royal Oak does hereby grant to the County of Oakland in the State of Michigan, acting through the Oakland County Water Resources Commissioner (OCWRC), or his duly authorized agents, contractors and subcontractors, under the provisions of Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended, and as may be further amended,[1] irrevocable permission to construct, use, maintain, replace and/or repair drains and appurtenances in the following highways and property in said City, to wit:

Thirteen Mile Road	Campbell Road to Durham Road
Starr Road	Durham Road to a point approximately 200 feet west of Mandalay Avenue
Mandalay Avenue	Starr Road to Massoit Road
Normandy Road	Mandalay Avenue (to south) to Mandalay Avenue (to north)
Massoit Road	Mandalay Avenue to Olivia Avenue
Olivia Avenue	Massoit Road to Nakota Road
Woodward Avenue	Ravena Avenue to Normandy Road
Normandy Road	Woodward Avenue to Greenfield Road
Marais Avenue	Thirteen Mile Road to north City limit
Crooks Road	Fourteen Mile Road to Parmenter Boulevard
Parmenter Boulevard	Crooks Road to Fernlee Avenue
Fernlee Avenue	Parmenter Boulevard to 130 feet northwesterly from Casper Boulevard
Coolidge Highway	From approximately 1,100 feet north of Fourteen Mile Road to north City limit
Stephenson Highway	Dallas Avenue to Twelve Mile Road
Dallas Avenue	Stephenson Highway to Lenox Avenue
Lenox Avenue	Dallas Avenue to Ten Mile Road
W. Fourth Street	Stephenson Highway to Campbell Road
Ten Mile Road	Lenox Avenue to Campbell Road
Forest Avenue	Stephenson Highway to Main Street
Main Street	Forest Avenue to Austin Avenue
Austin Avenue	Main Street to Marywood Drive
Maple Avenue	Farnum Avenue to West Fourth Street
W. Fourth Street	Maple Avenue to Woodward Avenue
Farnum Avenue	Maple Avenue to the northwesterly line of Lot 276, Maple Grove Subdivision
North Sherman Drive	Oakridge Avenue to the southeasterly line of Lot 279, Maple Grove Subdivision
Oakridge Avenue	North Sherman Drive to Woodward Avenue
Woodward Avenue	Oakridge Avenue to Oxford Road (in the City of Berkley)
Twelve Mile Road	Alexander Avenue to Marywood Drive
Fourteen Mile Road	Campbell Road to Vermont Street
Cooper Avenue	Samoset Road to Fourteen Mile Road
Judson Avenue	Prairie Avenue to Harvard Avenue
Memorial Park	Woodward Avenue to Starr Road
Memorial Park	Starr Road to Coolidge Highway
Woodland Avenue	Nakota Road to Massoit Avenue
Elks Park	Massoit Avenue to Normandy Road
Woodland Avenue	Normandy Road to Chester Avenue
Chester Avenue	Woodland Avenue to Durham Road
Durham Road	Chester Avenue to Thirteen Mile Road
Custer Avenue	Lexington Boulevard to Thirteen Mile Road
Worden Park	Approximately 35 feet east of and parallel to Crooks Road, from approximately 80 feet north of West Windemere Avenue to 550 feet north of West Windemere Avenue
Worden Park	Approximately 80 feet north and parallel to West Windemere Avenue from approximately 35 feet east of Crooks Road to Marais Avenue
Whitcomb Avenue	North Blair Avenue to Campbell Road

upon the following terms and conditions:

Before constructing the drains, the Oakland County Water Resources Commissioner shall file plans showing the size and location of said drains and appurtenances with the City Engineer.

The Oakland County Water Resources Commissioner shall not perform any excavating and other work in connection with the construction, maintenance and repair of said drains without first obtaining a permit issued by or other written consent of such owner, and in event of such changes the same shall be made in the manner directed and required by such owner, and the entire cost and expense thereof shall be borne by the Oakland County Water Resources Commissioner. All work shall be conducted in a careful and workmanlike manner to cause as little inconvenience as possible to the City and the users of said highways and other City property.

The Oakland County Water Resources Commissioner, after making any excavation in the City, shall restore the surface of all highways and also all sidewalks, pavements and other improvements, and all property, both public and private, so that they will be in as good condition as they were previous to such excavation.

The Oakland County Water Resources Commissioner shall not disturb any underground work now existing, such as water mains, sewers, and other such improvements, which are owned by the City or other public corporation without first obtaining a permit issued by or other written consent of such owner, and in event of such changes the same shall be made in the manner directed and required by such owner, and the entire cost and expense thereof shall be borne by the Oakland County Water Resources Commissioner; provided that, as to changes in such improvements belonging to the City, the City Engineer may act for the City.

The Oakland County Water Resources Commissioner shall hold the City harmless against all damages resulting from the construction, use, maintenance and repair of said drains and appurtenances.

The Oakland County Water Resources Commissioner shall indemnify the City for any damage to its pavements, sidewalks or underground structures caused directly by the settlement of the backfill earth in any excavation made by said Oakland County Water Resources Commissioner or its contractors under the permission herein granted; provided that indemnification shall not be made in respect to any such public improvement hereafter constructed if the same shall be constructed within one year from the time of the completion of the backfilling and the acceptance thereof by the Oakland County Water Resources Commissioner.

The City will endeavor to keep other underground utility facilities at least five feet distant from the said drains.

[1]

Editor's Note: See MCLA § 280.461 et seq.