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WATCH MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: July 11, 2023 Title: Easement for Electric
Facilities at 159 McLaughlin
Ave.
Submitted By: Hope Griffith Department: Planning Dept.
Brief Summary: Consumers Energy is seeking a thirty (30) foot wide strip of land, being fifteen (15)
feet on each side of the centerline to obtain electricity for the construction of a residential structure
at 159 McLaughlin Ave. which is a City owned parcel that is being developed.
Detailed Summary & Background:
Consumers Energy has requested an easement for utility pole(s) on each side of the centerline to
obtain electricity for the construction of a residential structure at 159 McLaughlin Ave. which is a
City owned parcel that is being developed.
Goal/Focus Area/Action Item Addressed:
Goal 3 Focus Area: Foster strong ties among government & community agencies.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Grant an easement to Consumers Energy on the City’s property for 159
McLaughlin Ave. and authorize the Mayor to sign the easement documents.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head [Information Technology CL
Other Division Heads [] Communication | Yes U
Legal Review a No
For City Clerk Use Only:
Commission Action:
EASEMENT FOR ELECTRIC FACILITIES
Master Tract# ROW000916078519
SAP# 1066673159
Design# 11505647
Agreement# MI00000072154
CITY OF MUSKEGON, a Michigan municipal corporation, whose address is PO Box 536, 933 Terrace Street, Muskegon, Michigan
49443 (hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner's land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A to construct, operate, maintain, inspect (including
aerial patrol), survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge, and protect a line or lines of
electric facilities in, on, over, under, across, and through a portion of Owner's Land (hereinafter “Easement Area”) as more fully
described in the attached Exhibit B, together with any pole structures, poles, or any combination of same, wires, cables, conduits,
crossarms, braces, guys, anchors, transformers, electric control circuits and devices, location markers and signs, communication
systems, utility lines, protective apparatus and all other equipment, appurtenances, associated fixtures, and facilities, whether
above or below grade, useful or incidental to or for the operation or protection thereof, and to conduct such other activities as
may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing
electricity.
Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial
construction and installation only, the right to temporarily use such additional work space reasonably required to construct said
lines. Said temporary work space shall abut the Easement Area, on either side, as required by construction.
over,
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, rights
and through Owner’s Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the
granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Easement Area. Consumers shall have the right from time
to time hereafter to enter Owner's Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other
vegetation within the Easement Area. Consumers shall have the right from time to time hereafter to enter Owner's Land to trim,
cut down, and otherwise remove and control any trees, brush, or other vegetation located outside of the Easement Area which
are of such a height or are of such a species whose mature height that in falling directly to the ground could come into contact
with or land directly above Consumers’ facilities.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure over, under, or on said Easement Area, whether temporary or permanent, natural or man-made, without
a prior written agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
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Ground Elevation: Owner shall not materially alter the ground elevation within the Easement Area without a prior written
agreement executed by Consumers Real Estate Department allowing said alteration.
Exercise of Easement: Consumers’ nonuse or limited use of this Easement shall not preclude Consumers’ later use of this
Easement to its full extent.
they have
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that all
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against claims
whatsoever.
Successors: This Easement shall bind and benefit Owner's and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: 7 { 1Xif bar Owner: CITY OF MUSKEGON, a Michigan municipal
corporation
WeBoD Qasr
Signature
By: Kenneth D. Johnson
Print name
Its: Mayor, City of Muskegon
Print title
Acknowledgment
The foregoing instrument was acknowledged before me in ____Muskegon County, Michigan
on tf18,L202 3 by Kenneth D. Johnson _ Mayor of City of Muskegon, a
: Date Name Title
ichigan municipal corporation, on behalf of the corporation.
dewbertl Wwe Unt
. Notary Public
Kimberly Young
Print Name a
Muskegon County, Michigan
Acting in _Muskegon County
My Commission expires: _June 7, 2025
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Rebecca Hyatt 6/15/23 EP7-464 Carrie J. Main, EP7-464
700 East Sternberg Rd Consumers Energy Company Consumers Energy Company
Muskegon, MI 49441 One Energy Plaza One Energy Plaza
Jackson, Ml 49201 Jackson, MI 49204
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EXHIBIT A
Owner's Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
The West 74.00 feet of Lot 1, Block 266, City of Muskegon Revised Plat of 1903, being part of the Northwest 1/4 of Section 29,
Town 10 North, Range 16 West, according to the recorded plat thereof, Muskegon County Records.
Also known as: 159 McLaughlin Avenue, Muskegon, Michigan 49442
Parcel ID: 61-24-205-266-0001-00
AND
Lot 1, Block 266, City of Muskegon Revised Plat of 1903, being part of the Northwest 1/4 of Section 29, Town 10 North, Range
16 West, except the West 74.00 feet thereof, according to the recorded plat thereof, Muskegon County Records.
Also known as: 169 McLaughlin Avenue, Muskegon, Michigan 49442
Parcel ID: 61-24-205-266-0001-10
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EXHIBIT B
Easement Area
A 30.00-foot-wide strip of land, being 15.00 feet on each side of the centerline of the line constructed on Owner's Land, the
centerline to be located approximately as shown in the attached drawing.
61 +24 206-257 001-00
30.00 Foot easement
15.00 Feet on each side
of line and pole
SQURCE
wp “0-3 IRWIN AVE oon) \
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