[HISTORY: Adopted by the City Commission of the City of Royal Oak 11-15-1954
by Ord. No. 792. Amendments noted where applicable.]
[Amended 10-5-1987 by Ord. No. 87-13]
The City of Royal Oak, Michigan, a municipal corporation hereinafter
referred to as the "City," does hereby grant to the Southeastern Oakland County
Water Authority, a public corporation hereinafter referred to as the "Authority,"
permission to construct, use, maintain, replace and/or repair water mains
and appurtenances, in the following highways in said City, to wit:
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In Webster Road from Greenfield Road to Coolidge Highway
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In Webster Road from Oliver Road to Woodward Avenue
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In Woodward Avenue from Webster Rood to Trafford Road and thence across
Woodward Avenue to the West line thereof
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In Trafford Road from Woodward Avenue to Coolidge Highway
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In Oliver Road from Grand Trunk Western Railroad to Crooks Road
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In Thirteen Mile Road from Authority easement along west line of William
Beaumont Hospital property to Greenfield Road
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In Judson Avenue from east line of William Beaumont Hospital property
to Coolidge
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In Greenfield Road from Thirteen Mile Road to Fourteen Mile Road across
Twelve Mile Road, Vinsetta Boulevard, Houstonia Avenue, Lloyd Avenue and Northwood
Boulevard, at the east line of Grand Trunk Western Railway right-of-way
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In Crooks Road from Oliver Road to Fourteen Mile Road
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In Samoset Road from Crooks Road to the west line of Edgeland Avenue
(extended)
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In the public easement over lands formerly constituting Samoset Road
(now vacated), from the west line of Edgeland Avenue to the westerly boundary
of Nordwood Estates subdivision
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In Fourteen Mile Road from a point 70 feet west of the west line of
Edgeland Avenue (now vacated) to Greenfield Road
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In Coolidge Highway from Webster Road to Fourteen Mile Road
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Across Woodward Avenue about 65 feet south of Eleven Mile Road from
the east line of Woodward Avenue to the westerly City limits
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The following are the locations of existing water mains which are a
part of the so-called "North Woodward System" to be acquired by the Authority:
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In Woodward Avenue from the southerly City limits to a point opposite
Washington Avenue
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Across a twenty-foot public alley lying west of Woodward Avenue, on
a line just south of the north line extended of Lot 19 of Assessor's Plat
No. 3 of a part of Lucking's subdivision
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In Ten Mile Road from easterly line of Main Street to westerly City
limits
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In Main Street from the Ten Mile Road northerly approximately 50 feet
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The following are the locations of an existing 30 inches water main
to be acquired by the Authority:
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Across Woodward Avenue at Washington Avenue, thence in Woodward Avenue
to Vinsetta Boulevard, thence in Vinsetta Boulevard to the Twelve Mile Road
and thence in the Twelve Mile Road to the east side of Vinsetta Boulevard
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In Eleven Mile Road from Woodward Avenue easterly approximately 48 feet
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Upon the following terms and conditions, to wit:
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A.
The Authority before constructing the said water mains
shall file plans showing the size and location of said mains and appurtenances
with the City Engineer;
B.
The Authority shall do all excavating and other work
in connection with the construction, maintenance and repair of said water
mains in a careful and workmanlike manner so as to cause as little inconvenience
as possible to the City and the users of said highways;
C.
The Authority 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 Authority 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
the 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 Authority; provided that, as to
changes in such improvements belonging to the City, the City Engineer may
act for the City;
E.
The Authority shall hold the City harmless against all
damages resulting from the construction, use, maintenance and repair of said
water mains and appurtenances;
F.
The City will endeavor to keep other underground utility
facilities at least five feet distant from those of the Authority.
Where a public highway is named above as the terminus for any water
main, the permission herein granted shall be deemed to extend across such
part of the highway as the Authority may deem necessary.
This permit, and those granted by other constituent members of the Authority,
is given so that the Authority may furnish water to such members, and the
advantages accruing to this City from having such a source of water supply
available are hereby declared fair compensation for the permission herein
granted.
This chapter shall inure to the benefit of and be binding upon the City
and the Authority, and their respective successors and assigns, provided they
are public corporations; and that the permission herein granted shall not
be revocable so long as said water mains shall be a part of the Authority's
water supply system or that of a successor or assignee public corporation.
