143-798 S T A T E O F M I C H I G A N BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEGAN May 26, 2016 BOARD OF COMMISSIONERS APPROVE PARTIAL RELEASE PROTECTIVE COVENANTS WHEREAS, on May 2, 2016, the Allegan Township Board approved the rezoning of farm land to industrial for Perrigo to construct a warehouse, in which the project will require the purchase of land adjacent to the Allegan County Transportation Building; and WHEREAS, County Transportation is a member of the Highland Business Park Association governed by Protective Covenants in which releases certain restrictions related to the property as established by the, including but not limited to, the elimination of the reversion and right of first refusal clause; and WHEREAS, as such the Allegan City, Highland Industrial Park (HIP) is requesting from the Highland Business Park Owners a partial release of the Codes, Covenants, and Restrictions, for parcel 03-51-253-051-00, which will serve as the proposed entryway to the new Perrigo project in the Township of Allegan. THEREFORE BE IT RESOLVED that the Allegan County Board of Commissioners approves the City s request to grant the partial release of protective covenants for parcel 03-51-253-051-00, City of Allegan, Highlands Industrial Park; and
143-798 BE IT FINALLY RESOLVED that the County Administrator and/or the Board Chairman are authorized to sign the necessary documents on behalf of the County to complete this action.
ALLEGAN COUNTY REQUEST FOR ACTION FORM Completed RFA form must be attached to a work order request through the Track-It System. If you have any questions regarding this process, please contact Administration @ ext. 2633. RFA#: 143-798 Date: 5/11/2016 Request Type Department Requesting Submitted By Contact Information Description Routine Items Administration Dan Wedge, Executive Director of Services ex2902 Select a Request Type to reveal and complete required form. Seeking Board of Commissioner approval on the partial release of protective covenants for the City of Allegan, Highlands Industrial Park, On May 2, the Allegan Township Board approved the rezoning of farm land to industrial for Perrigo to construct a warehouse. The project will require the purchase of land adjacent to the Allegan County Transportation facility, as such the Allegan City, Highland Industrial Park (HIP) is requesting from the Highland Business Park Owners a partial release of the Codes, Covenants, and Restrictions, for parcel 03-51-253-051-00, which will serve as the proposed entryway to the new Perrigo project in the Township of Allegan. The document releases certain restrictions related to the property as established by the Highland Business Park Association, including but not limited to, the elimination of the reversion and right of first refusal clauses. This was requested by the purchaser to assist in the development of the project. For the project to continue, 75% of the Highland Business Park Owners must sign. Exhibit A (the Partially Released Property ) from the following provisions of the Covenants: (a) Sections 3 and 13 of the Original Covenants; (b) Article VI of the First Revised Covenants; and (c) Article VI of the Second Revised Covenants, which provisions relate to automatic reverter and rights of first refusal. Except as expressly set forth in the preceding sentence, the Partially Released Property shall continue to be subject to all provisions of the Covenants. Except as to the Partially Released Property as expressly set forth in this Partial Release, the Covenants shall continue in full force and effect. Executive Director of Services recommends Allegan County agree to these change to the HIP Codes, Covenants, and Restrictions, for parcel 03-51-253-051-00. PAGE 1 of 1
PARTIAL RELEASE OF PROTECTIVE COVENANTS FOR THE CITY OF ALLEGAN, MICHIGAN, HIGHLANDS INDUSTRIAL PARK This Partial Release of Protective Covenants for the City of Allegan, Michigan, Highlands Industrial Park (the Partial Release ), dated and effective, 2016, is by and between the parties signing this Partial Release on the signature pages below (collectively, the Owners ), on behalf of themselves and their successors and assigns. Collectively, the Owners are the owners in fee simple of at least 75% of the real property subject to the Restrictive Covenants for the City of Allegan s Industrial Park recorded in Liber 1173, Page 721 of the Official Records of the County of Allegan (the Original Covenants ), as amended by the Revised Protective Covenants for the City of Allegan, Michigan Highlands Industrial Park recorded in Liber 1556, Page 807 ( First Revised Covenants ) and the Revised Protective Covenants for the City of Allegan, Michigan Highlands Industrial Park recorded in Liber 3284, Page 225 ( Second Revised Covenants ). Collectively, the Original Covenants, First Revised Covenants, and Second Revised Covenants are referred to herein as the Covenants. Pursuant to Article VII of the Second Revised Covenants, the Owners hereby forever release the real property which is described on Exhibit A (the Partially Released Property ) from the following provisions of the Covenants: (a) Sections 3 and 13 of the Original Covenants; (b) Article VI of the First Revised Covenants; and (c) Article VI of the Second Revised Covenants, which provisions relate to automatic reverter and rights of first refusal. Except as expressly set forth in the preceding sentence, the Partially Released Property shall continue to be subject to all provisions of the Covenants. Except as to the Partially Released Property as expressly set forth in this Partial Release, the Covenants shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGES] Drafted by and when recorded return to: Ian M. Hunter, Dickinson Wright PLLC 200 Ottawa Avenue, NW, Suite 1000 Grand Rapids, Michigan 49503 (616) 458-1300 1
COUNTY OF ALLEGAN, a political subdivision of the State of Michigan By: Name: Its: STATE OF MICHIGAN ) ) ss COUNTY OF ALLEGAN ) The foregoing instrument was acknowledged before me this day of, 2016, by, as of, a, on behalf of said. My Commission Expires: Acting in the County of Notary Public County, Michigan A-1
EXHIBIT A LEGAL DESCRIPTION Land situated in the City of Allegan, County of Allegan, State of Michigan, and described as follows: And also described as: Part of Lots 15 and 16 of the ALLEGAN INDUSTRIAL PLAT NO. 1, according to the recorded plat thereof recorded in Liber 12 of Plats on Pages 90-93, Allegan County Records, in the SW 1/4 of Section 22, T2N, R13W, City of Allegan, Allegan County, Michigan, described as: BEGINNING at the SE corner of said Lot 16; thence S80 29'15"W 248.27 feet along the South line of said Lot 16; thence N00 24'41"E 427.71 feet to the Northerly line of said Lot 16; thence S65 24'41"W 365.35 feet along said Northerly line to the East right of way line of Airway Drive; thence Northwesterly 68.74 feet along said right of way line on a 686.71 foot radius curve to the left, the chord of which bears N40 44'54"W 68.71 feet; thence N65 24'41"E 482.71 feet; thence N00 40'00"E 399.81 feet parallel with the East line of said Lot 15 to the North line of said Lot 15; thence N88 32'40"E 185.71 feet to the NE corner of said Lot 15 and the Center of Section 22; thence S00 40'00"W 892.11 feet along the East line of said Lots 15 and 16 to the Place of Beginning. Tax Parcel Number: 03-51-253-015-00 GRAPIDS 57553-1 401708v4 A-2
X X X X X X X X X X 116TH AVE (M-22) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X DETENTION BASIN X X X X X X X X X X X X X X X X X X X X X ZONED: C2-COMMERCIAL ZONED: AG-AGRICULTURAL X X X X X X X X X X X X X X X X X X X X X X X X X ZONED: AG-AGRICULTURAL X X X X X X X X X X X X X X X X X X X X X X X X X X X X DETENTION BASIN X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ALLEGAN TOWNSHIP ZONED: M-1 MANUFACTURING 253 ALLEGAN INDUSTRIAL PLAT #1 CITY OF ALLEGAN PRELIMINARY SITE PLAN (ALTERNATE 1) C1 AIRWAY DRIVE N. EASTERN AVE. (66' R.O.W.) SITE PLAN LEGEND 0 100 200 Horizontal Scale in Feet ALLEGAN GUARD SHACK DETAIL SITE LOCATION 3 WORKING DAYS BEFORE YOU DIG R CALL MISS DIG 1-800-482-7171 LAND & RESOURCE ENGINEERING INC. Common Sense Lasting Solutions 3800 West River Drive, Ste. A, Comstock Park, MI, 49321 Ph:616.301.7888 PROJECT NUMBER: 16-011 DESIGNED BY: KJV DATE: FEB, 2015 CHECKED BY: MPB DATE: FEB, 2015 DRAFTED BY: NDJ/LGG DATE: FEB, 2015 REVISIONS: NO. ISSUED FOR DATE 1. OWNER REVIEW 3/29/16 2. PRELIMINARY SITE PLAN 4/05/16 SHEET NUMBER R VICINITY MAP PREPARED FOR: The Architectural Group, Inc. PRELIMINARY Allegan County Transportation ZONED: AG-AGRICULTURAL ZONED: AG-AGRICULTURAL