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:
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Thirteen Mile Road
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Campbell Road to Durham Road
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Starr Road
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Durham Road to a point approximately 200 feet west of Mandalay
Avenue
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Mandalay Avenue
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Starr Road to Massoit Road
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Normandy Road
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Mandalay Avenue (to south) to Mandalay Avenue (to north)
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Massoit Road
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Mandalay Avenue to Olivia Avenue
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Olivia Avenue
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Massoit Road to Nakota Road
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Woodward Avenue
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Ravena Avenue to Normandy Road
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Normandy Road
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Woodward Avenue to Greenfield Road
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Marais Avenue
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Thirteen Mile Road to north City limit
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Crooks Road
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Fourteen Mile Road to Parmenter Boulevard
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Parmenter Boulevard
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Crooks Road to Fernlee Avenue
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Fernlee Avenue
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Parmenter Boulevard to 130 feet northwesterly from Casper Boulevard
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Coolidge Highway
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From approximately 1,100 feet north of Fourteen Mile Road to
north City limit
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Stephenson Highway
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Dallas Avenue to Twelve Mile Road
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Dallas Avenue
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Stephenson Highway to Lenox Avenue
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Lenox Avenue
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Dallas Avenue to Ten Mile Road
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W. Fourth Street
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Stephenson Highway to Campbell Road
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Ten Mile Road
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Lenox Avenue to Campbell Road
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Forest Avenue
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Stephenson Highway to Main Street
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Main Street
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Forest Avenue to Austin Avenue
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Austin Avenue
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Main Street to Marywood Drive
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Maple Avenue
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Farnum Avenue to West Fourth Street
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W. Fourth Street
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Maple Avenue to Woodward Avenue
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Farnum Avenue
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Maple Avenue to the northwesterly line of Lot 276, Maple Grove
Subdivision
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North Sherman Drive
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Oakridge Avenue to the southeasterly line of Lot 279, Maple
Grove Subdivision
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Oakridge Avenue
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North Sherman Drive to Woodward Avenue
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Woodward Avenue
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Oakridge Avenue to Oxford Road (in the City of Berkley)
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Twelve Mile Road
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Alexander Avenue to Marywood Drive
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Fourteen Mile Road
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Campbell Road to Vermont Street
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Cooper Avenue
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Samoset Road to Fourteen Mile Road
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Judson Avenue
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Prairie Avenue to Harvard Avenue
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Memorial Park
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Woodward Avenue to Starr Road
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Memorial Park
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Starr Road to Coolidge Highway
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Woodland Avenue
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Nakota Road to Massoit Avenue
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Elks Park
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Massoit Avenue to Normandy Road
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Woodland Avenue
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Normandy Road to Chester Avenue
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Chester Avenue
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Woodland Avenue to Durham Road
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Durham Road
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Chester Avenue to Thirteen Mile Road
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Custer Avenue
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Lexington Boulevard to Thirteen Mile Road
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Worden Park
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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
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Worden Park
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Approximately 80 feet north and parallel to West Windemere Avenue
from approximately 35 feet east of Crooks Road to Marais Avenue
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Whitcomb Avenue
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North Blair Avenue to Campbell Road
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upon the following terms and conditions:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
Where a public highway is named above as the terminus for any
drain, the permission herein granted shall be deemed to extend across
such part of the highway as the Oakland County Water Resources Commissioner
Drainage Board may deem necessary.
The advantages accruing to this City from the construction and
operation of said Twelve Towns Relief Drains are hereby declared fair
compensation for the permission herein granted.
The performance of any work under the authority of this permit
shall be deemed an acceptance of the terms hereof.
