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Independence Township


First Reading of a Second Amendment to Ordinance Granting the Liberty Planned Unit Development



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June 23, 2010 - At a regular meeting of the Independence Township Board held on June 15, 2010, the Board authorized a First Reading of a Second Amendment to Ordinance Granting the Liberty Planned Unit Development, as follows:

SECOND AMENDMENT TO

ORDINANCE GRANTING

THE LIBERTY

PLANNED UNIT DEVELOPMENT

An Ordinance to Amend Ordinance No. 83, as amended, the Charter Township of Independence Zoning Ordinance, being Chapter 50 of the Independence Charter Township Code, for the purposes of providing amended regulations and criteria applicable to certain portions of the Liberty Planned Unit Development.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

On October 16, 2001, the Ordinance Granting Liberty Planned Unit Development, (the "Original Ordinance Granting Liberty PUD"), was adopted as a map and text amendment to the Township's Zoning Ordinance. On March 14, 2004, the Original Ordinance Granting Liberty PUD was amended by the Amended Ordinance Granting Liberty Planned Unit Development. The Township has been requested and has determined to amend certain regulations and criteria applicable to the residential portion of the Liberty PUD adjacent to the golf course. Accordingly, in order to incorporate and combine both the present and past amendments into the Original Ordinance Granting Liberty PUD, Section 2 of the Original Ordinance Granting Liberty PUD is hereby amended to read as follows:

This amendment to the Zoning Ordinance is granted subject to, and all improvement and use of the property described on the attached Property Description Exhibit shall be subject to and in conformity with the following:

(A) Chapter 50, Article II, Division 22 of the Independence Township Code of Ordinances, as amended.

(B) The PUD Plans for the Liberty Planned Unit Development, inclusive of Elevation Drawings, Phasing Plans, and Plan Sheet Nos. 1 through 22, L-1 through L-5, and Liberty Center Alternative A & B, only as approved by the Charter Township of Independence Board of Trustees on October 16, 2001 and amended by the following: (i) the plans listed in Paragraph 3(a) of the Amendment to Development Agreement for Liberty Planned Unit Development, dated March 16, 2004; and (ii) the Links of Independence plans, inclusive of elevation drawings, architectural details and plan sheet nos. __________________, only as approved by the Charter Township of Independence Board of Trustees on ________________, 2010. All of the plans referenced in this subsection (B) are referred to in this Agreement as the "Site Plans."

(C) The Permit Conditions for the Liberty Planned Unit Development, dated October 16, 2001, as amended on March 16, 2004, and as amended on the date of adoption of this Ordinance.

(E) The Development Agreement for the Liberty Planned Unit Development, dated October 16, 2001, as amended on March 16, 2004, and as amended on the date of adoption of this Ordinance.

(F) The Agreement for Liberty Planned Unit Development to Participate in the Sashabaw Corridor Public Drainage System, dated October 16, 2001.

(G) Any and all conditions of the approval of the Independence Township Board of Trustees and Planning Commission pertaining to the Development as reflected in the official minutes of such meetings.

(H) Recordation with the Oakland County Register of Deeds office of an affidavit by the owner of the Property prior to commencement of construction and prior to the sale or lease of any portion of the Property, containing the legal description of the entire project, specifying the date of approval of the Liberty Planned Unit Development and amendment thereto, and declaring that all future development of the Property has been authorized, restricted and required to be carried out only in accordance with the Ordinance Granting Liberty Planned Unit Development and the PUD Documents referenced therein. Such an affidavit shall be recorded with the original approval of the planned unit development and any subsequent amendments to such approval.

(I) All applicable Township ordinances and all Township design standards for the Sashabaw Town Center Overlay District, of which this Planned Unit Development is a part.

Published: 6/23/10 Shelagh VanderVeen

Township Clerk

PROPERTY DESCRIPTION EXHIBIT

Northern Parcel Description:

Part of the Northwest of the Southwest of Section 27, and part of the East of the Southeast of Section 28, T-4-N, R-9-E, Independence Township, Oakland County, Michigan, beginning at the West corner of Section 27, thence N 8939'33" E 1336.68 feet (recorded N 8934'50" E 1337.47 feet) along the South line of "Lake Waldon Village II" Condominium, Oakland County Condominium Plan No. 852, to the Southwest corner of "Sashabaw Orchard Acres"; a subdivision of part of the East of the Northwest of Section 27, T-4-N, R-9-E, Independence Township, Oakland County, Michigan, recorded in Liber 61 of Plats, Page 43, Oakland County Records; thence N 8924'45" E 1257.00 feet (recorded N 8946' E along the South line of said "Sashabaw Orchard Acres" to a point on the West right of way line of Sashabaw Road, thence along said line S 0003'33" E 1127.52 feet, thence S 8936'02" W 300.00 feet, thence N 1659'32" E 112.28 feet, thence along a curve to the left, 152.62 feet, said curve having a radius of 640.00 feet, a central angle of 1339'48" and a long chord bearing of N 8340'02" W 152.26 feet, thence 8936'02" W 65.66 feet, thence S 0229'25" E 125.08 feet, thence S 8936'02" W 788.71 feet; thence S 8938'30" W 1327.45 feet to a point on the West line of Section 27, thence N 8917'00" W 1310.07 feet to a point on the East line of "Spring Lake North" Liber 230, Pages 18-24, Oakland County Records, thence along said line N 0010'21" W 1104.50 feet to a point on East-West line; thence along said line N 8952'19" E 1313.30 feet to the Point of Beginning. Excepting a parcel of land conveyed to Independence Township located in the North of the Southwest of said Section 27, being described as follows: Beginning at a point located N 8939'33" E 1011.64 feet, along the South line of "Lake Waldon Village II" Condominium, Oakland County Condominium Plan No. 852, and S 0020'27' E 33.00 feet, from the West corner of Section 27, T-4-N, R-9-E, Independence Township, Oakland County, Michigan, thence N. 8939'33" 325.10 feet, thence N 8924'45" E 666.78 feet, thence S 0003'50" E 432.37 feet, thence S 4414'18" E 272.62 feet, thence S 5301'41" E 150.04 feet, thence S 0003'50" E 201.34 feet (recorded as 201.21 feet); thence along a curve to the left 139.41 feet, said curve having a radius of 700.00 feet, a central angle of 1124'38" and a long chord bearing of N 8441'39" W 139.18 feet, thence S 8936'02" W 59.93 feet, thence N 0004'13" W 99.48 feet, thence N 1843'22" W 85.00 feet, thence N 5310'33" W 40.00 feet, thence N 8221'28" W 65.00 feet, thence 4411'44" W 90.00 feet, thence N 6026'01" W 120.00 feet, thence N 5333' 40" W 283.32 feet, thence N 6545'48" W 235.84 feet, thence N 3323'56" W 100.00 feet, thence N 5355'35" W 105.97 feet, thence S 8357'23" W 65.97 feet, thence N 7928'30" W 49.62 feet, thence N 2655'30" W 40.07 feet, thence N 5831'26" W 101.08 feet, thence N 1007'16" W 61.06 feet to the point of beginning. Containing 89.99 acres and subject to any easements and restrictions of record.

Southern Parcel Description:

Part of the East of the Southeast of Section 28 and part of the West of the Southwest of Section 27, T-4-N, R-9-E, Independence Township, Oakland County, Michigan, beginning at the Southeast corner of Section 28, thence along the South Section line S 8945'13" W 1305.32 feet, thence N 0010'21" W 1348.20 feet along the East subdivision line of "Spring Lake South", Liber 214, Pages 24-27, Oakland County Records, thence S 8917'00" E 1309.47 feet, thence N 8938'30" E 669.77 feet, thence S 0015' 42" W 1326.40 feet to a point on the South line of Section 27, thence along said line S 8939'15" W 663.71 feet to the point of beginning. Containing 75.37 acres and subject to the rights of the public and any governmental unit in any part of the land taken, used or deeded for road purposes and subject to easements and restrictions of record.

PROPERTY DESCRIPTION EXHIBIT

LIBERTY PLANNED UNIT

DEVELOPMENT AMENDMENT

All of Lots 1, 2, 3 and part of Lots 4 & 5, "Sashabaw Orchard Acres". A subdivision of part of the E of the NW of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan. Recorded in Liber 61 of Plats, Page 43, Oakland County Records and part of the SW of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan being described as beginning at a point on the westerly 60 ft right of way line of Sashabaw Road located S 8924'45" W 60.00 ft from the center of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan. TH S 8924'45" W 1257.00 ft to the southeast corner of said "Lake Waldon Village II" and the southwest corner of said "Sashabaw Orchard Acres". TH N 0040'33" W 1025.96 ft (recorded as S 0050'56" E 1026.20 ft) along "Lake Waldon Village II" condominium and said "Sashabaw Orchard Acres" Subdivision to the southwesterly corner of "Waldon Pond Townhomes" Condominium, Oakland County Condominium Plan No. 1126; TH N 8940'07" E (recorded as S 8934'12" W) 682.12 ft along the south line of "Waldon Pond Townhomes" Condominium; TH S 0020'47" E. 363.05 ft to a point on the north line of Lot 3 of said "Sashabaw Orchard Acres"; TH N 8924'13" E 586.22 ft along the north line of said Lot 3 to the Northeast corner thereof also being the westerly 60.00 ft right of way line of Sashabaw Road; TH S 0007'32" W (recorded south) 660.00 ft along said westerly right of way line to the point of beginning. Containing 24.81 acres and subject to any easements and restrictions of record.

Tax ID Numbers 08-27-100-017, 08-27-100-024, 08-27100-025, 08-27-100-026 and 08-27-100-027

And

Part of the SW of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan, being described as beginning at a point on the westerly 60 ft right of way line of Sashabaw Road located N 0003'50" W 1664.37 ft along the north-south line of Section 27 and S. 8956'10" W 60.00 ft from the south corner of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan; TH the following three courses along the north right of way line of Baypointe Blvd also being the northerly line of "Links of Independence" Condominium, Oakland County Condominium Plan No. 1424, 1) S 8936'02" W 113.75 ft; 2) Along a curve to the right 92.41 ft, said curve having a radius of 490.00 ft, a central angle of 1048'20" and a long chord bearing N 8459'48" W 92.27 ft; 3) N 7935'39" W 75.83 ft; TH N 0003'50" W 212.60 ft; TH N 5301'41" W 150.04 ft; TH N 4414'18" W 272.62 ft; TH N 0003'50" W 432.37 ft; TH S 8924'45" W 666.78 ft; TH S 8939'33" W 325.10 ft; TH N 0020'27" W 33.00 ft to the south line of "Lake Waldon Village II" Condominium, Oakland County Condominum Plan No. 852; TH N 8939'33" E 325.03 ft to the southeast corner of said "Lake Waldon Village II" and the southwest corner of Lot 1, "Sashabaw Orchard Acres", a subdivision of part of the E of the NW of Section 27, T4N, R9E, Independence Township, Oakland County, Michigan, Recorded in Liber 61 of Plats, Page 43, Oakland County Records; TH N 8924'45" E 1257.00 ft (recorded as N 8946'00" W 1256.08 ft) along the south line of said Lot 1 to the southeast corner thereof also being the westerly 60 ft right of way line of Sashabaw Road; TH S 0003'50" E 990.52 ft along said westerly 60 ft right of way line to the point of beginning. Containing 11.49 acres and subject to easements and restrictions of record.

Tax ID Number 08-27-300-027

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