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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. ESMT/ELEC/TM5-003 — 3/2021 Page 1 of 4 RFM — 1/27/2020 40/29/2021 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 ESMT/ELEC/TM5-003 3/2021 Page 2 of 4 REM — 1/27/2020 10/29/2021 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 ESMT/ELEC/TM5-003 3/2021 Page 3 of 4 REM — 1/27/2020 10/29/2021 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) \ ESMT/ELEC/TM5-003 3/2021 Page 4 of 4 RFM - 1/27/2020 10/29/2021
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