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Independence Township
ORDINANCE NO. 2013-04 ORDINANCE AMENDING THE WATER TOWER SELF STORAGE PLANNED UNIT DEVELOPMENT

November 20, 2013

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2013-04 ORDINANCE AMENDING THE WATER TOWER SELF STORAGE PLANNED UNIT DEVELOPMENT

An Ordinance to amend the Charter Township of Independence Zoning Ordinance for purposes of amending the Water Tower Self Storage Planned Unit Development (a/k/a Top Notch Management Planned Unit Development) to allow outdoor storage of recreational vehicles in certain designated areas of the property for a period of three years.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1 of Ordinance

The approximately 7.29 acres of property in Section 27 of the Charter Township of Independence known as Parcels 08-27-201-007, 08-27-201-026 and 08-27-201-028 and more particularly described on the attached legal description (the "Property"), was previously re-classified under the Township Zoning Ordinance and on the Zoning Map as PUD, Planned Unit Development, subject to and in accordance with an amendment to the Zoning Ordinance adopted on March 21, 2006, as amended on January 16, 2007 (referred to herein as the "Water Tower Self Storage PUD Ordinance," a/k/a the Top Notch Management PUD Ordinance). The purpose of this Ordinance is to amend the Water Tower Self Storage PUD Ordinance to incorporate amendments to the plans and development agreement for the Water Tower Self Storage PUD that have been approved by the Charter Township of Independence.

Section 2 of Ordinance

An amendment to the Water Tower Self Storage PUD Ordinance is granted subject to, and all development and use of the Property shall be under and in conformity with the original Water Tower Self Storage PUD Ordinance, and the PUD documents, plans and other conditions referenced therein and the following amendments to the Water Tower Self Storage Planned Unit Development Site Plans and Development Agreement:

1. The Site Plans, as amended by the "Existing Conditions & Outdoor Storage Plan," dated April 3, 2013, as revised to-date, and only as approved by the Charter Township of Independence Board of Trustees.

2. The Amendment to Development Agreement for the Water Tower Self Storage Planned Unit Development, dated effective on the effective date of this Ordinance.

3. Any and all conditions of approval of the Independence Township Board of Trustees and Planning Commission pertaining to the proposed amendments to the Water Tower Self Storage Planned Unit Development.

4. Recordation with the Oakland County Register of Deeds Office of the above-referenced Amendment to Development Agreement by the owner of the Property prior to commencement of any construction and use of the Property for outdoor storage.

To the extent that there are conflicts or discrepancies between the respective provisions or contents of items (1) through (4), above, between the items listed in the previously adopted Water Tower Self Storage PUD Ordinance and this Ordinance, or between any Township ordinance and any of the provisions or contents of the Water Tower Self Storage PUD Ordinance or this Ordinance, interpretation shall be based upon the more strict regulation of the Property, and interpretation shall be subject to the determination of the Township Board in its reasonable discretion.

Section 3 of Ordinance

Savings. Amended only as specified in this Ordinance, the Zoning Ordinance, including without limitation the original Water Tower Self Storage PUD Ordinance, shall remain in full force and effect.

Section 4 of Ordinance

Severability. If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 5 of Ordinance

Effective. The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.

Section 6 of Ordinance

Enactment. This ordinance is declared to have been enacted by the Township Board of the Charter Township of Independence at a meeting called and held on November 12, 2013, and a summary of this Ordinance is ordered to be given publication in the manner prescribed by law.

CERTIFICATION

It is certified that the foregoing ordinance was adopted by the Township Board of the Charter Township of Independence, Oakland County, Michigan, at a meeting of the Board duly called and held on the twelfth day of November, 2013.

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the 12th day of November, 2013, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

Barbara A. Pallotta, CMC

Township Clerk

Introduced: October 15, 2013

Adopted: November 12, 2013

Published: November 6, 2013

November 20, 2013

Effective: November 29, 2013; if a Notice of Intent to file a petition is not filed within seven (7) days of publication.

LEGAL DESCRIPTION

RE: 08-27-201-007 (1.77 Acres)

T4N, R9E, SEC 27 PART OF NE 1/4 BEG AT PT DIST S 01-41-28 E 395 FT & N 87-47-32 E 333 FT & N 85-10-50 E 438.96 FT & S 01-44-50 E 60 FT FROM N 1/4 COR, TH N 87-47-32 E 200 FT, TH S 01-44-50 E 385.42 FT, TH S 87-30-30 W 200 FT, TH N 01-44-50 W 386.11 FT TO BEG 1.77 A J282B-4

RE: 08-27-201-026 (1.61 Acres)

T4N, R9E, SEC 27 PART OF NW 1/4 OF NE 1/4 BEG AT PT DIST S 01-41-28 E 395 FT & N 87-47-32 E 333 FT & N 85-10-50 E 438.96 FT & S 01-44-50 E 60 FT & N 87-47-32 E 200 FT FROM N 1/4 COR, TH N 87-47-32 E 162 FT, TH S 52-33-00 E 49.04 FT, TH S 01-44-50 E 273.37 FT, TH S 87-30-30 W 80 FT, TH S 01-44-50 E 80 FT, TH S 87-30-30 W 120 FT, TH N 01-44-50 W 385.42 FT TO BEG 1.61 A

11-8-04 FR -008

RE: 08-27-201-028 (3.91 ACRES)

T4N, R9E, SEC 27 PART OF NW 1/4 OF NE 1/4 BEG AT PT DIST S 01-41-28 E 455 FT & N 87-47-32 E 318.87 FT FROM N 1/4 COR, TH N 87-47-32 E 15.78 FT, TH N 85-06-55 E 143.38 FT, TH S 01-51-01 E 373.38 FT, TH S 87-24-17 W 159.99 FT, TH N 01-41-28 W 367.77 FT TO BEG, ALSO BEG AT PT DIST S 01-41-28 E 455 FT & N 87-47-32 E 334.65 FT & N 85-06-55 E 143.38 FT FROM N 1/4 COR, TH N 85-06-55 E 293.31 FT, TH S 01-51-01 E 385.10 FT, TH S 87-24-17 W 292.92 FT, TH N 01-51-01 W 373.38 FT TO BEG 3.91 A

9-25-07 FR -024 & -025