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parking, picnicking, and other uses consistent with normal recreational activities in a public
park, provided such use does not cause a nuisance.
Maintenance: Removal; Restoration. The City shall maintain the Easement Property in
good condition and in a state of reasonable repair and cleanliness. Maintenance shall
include lighting, cleaning, snow removal, and all repairs and maintenance of landscaped
areas, playground, and park area. AJ] improvements placed upon the Easement Property
shall be the property of the Grantor, except playground equipment installed by the City.
The City shall be permitted, in its sole discretion, to make any alterations and
improvements to the Easement Parcel. Grantor may not reduce the size of the Easement
Property, but may improve or extend the Easement Property to the extent that it will not
interfere with the public’s access and enjoyment.
Termination. The term of the Easement shall be perpetual and shall run with the land
unless otherwise terminated by the City in its sole discretion. ©
Indemnification: Insurance. Grantor assumes liability for, and agrees to pay, protect,
defend (at trial and appellate levels) and with attorneys, consultants, and experts acceptable
to the City, and save the City harmless from and against, and indemnifies the City from
and against any and all liens, damages, losses, liabilities, obligations, settlement payments,
penalties, assessments, citations, directives, claims, litigation, demands, defenses,
judgments, suits, proceedings, costs, disbursements, and expenses of any kind or of any
nature whatsoever (including, without limitation, reasonable attorneys’, consultants’, and
experts’ fees and disbursements incurred in investigation, defending, settling, or
prosecuting any claim, litigation, or proceeding) (collectively “Costs”) which may at any
time be imposed upon, incurred by or asserted or awarded against Grantor or the Easement
Property, and arising directly or indirectly from or out of the failure by Grantor to comply
fully with the terms and conditions of this Agreement, or the breach of any representation
or warranty contained herein. ,
Exemption from Transfer Tax. This Agreement is exempt from transfer taxes pursuant
to MCL 207.505(a) and 207.526(a).° .
Notices. All notices, approvals, consents, and other communications required under this
Agreement shall be deemed given: (i) when delivered in person; (ii) when sent by fax or
email; (iii) when sent by a nationally-recognized receipted overnight delivery service with
delivery fees prepaid; or (iv) when sent by United States first-class, registered, or certified
mail, postage prepaid. The notice shall be effective immediately upon personal delivery or
upon transmission of the fax or email; one day after depositing with a nationally recognized
overnight delivery service; and five days after sending by first class, registered or certified
mail. Notices shall be sent to the parties as follows:
Notices shall be sent to the parties as follows:
To City: City of Muskegon
933 Terrace St.
Muskegon, MI 49440
Attn: City Manager
With copy to: Parmenter Law
601 Terrace Street
Muskegon, MI 49440
Attn: City Attorney
To Grantor: Holy Trinity Church of God in Christ of Muskegon
Heights, Michigan
2140 Valley Street
Muskegon, MI 49444
Attn: Holy Trinity President
Liens. Grantor shall permit no mechanics, material men, laborers or other lien to be made
or imposed upon the Easement Property.
Binding Effect. The provisions of this Agreement shall burden and benefit each Parcel in
perpetuity; shall inure to the benefit of and be binding upon the heirs, legal representatives,
successors and assigns of the Parties; and shall be deemed to run with, burden and benefit
each Parcel.
10. Warranty, The parties warrant that they have the right and authority to enter into this
Easement Agreement. Grantor further warrants that all statements and information relating
to the Easement Property provided to the City are true and accurate.
11. Assignment or Delegation. Except as otherwise specifically set forth in this Agreement,
neither party shall assign all or any portion of its rights and obligations contained in this
Agreement without the express or prior written approval of the other party, in which
approval may be withheld in the other party's sole discretion.
12. Counterparts. This Agreement may be executed in counterparts, and each set of duly
delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
13. Full Execution. This Agreement requires the signature of all parties. Until fully executed,
on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
14, Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute
a waiver by such party of any other provision of this Agreement.
15. Severability. Should any one or more of the provisions of this Agreement be determined
to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be
impaired or affected.
16. Governing Law; Venue & Jurisdiction. This Recreational Easement Agreement shall be
construed and enforced in accordance with the laws of the State of Michigan. The parties
agree that for purposes of any dispute in connection with this agreement, the Muskegon
County Circuit Court shall have exclusive personal and subject matter jurisdiction and that
Muskegon County is the exclusive venue.
17. Pronouns, Nouns and pronouns will be deemed to refer to the masculine, feminine, neutral,
singular and plural, as the identity of the person or persons, firm, or corporation may in the
context require.
18. Amendments. This Recreational Easement Agreement shall not be amended or modified
except in a writing signed by both parties.
19. Entire Agreement. This Recreational Easement Agreement and the attached exhibits
constitute the entire agreement as to this matter between the parties and supersedes all prior
agreements and understandings, both written and oral, with respect to the subject matter of
this Easement Agreement.
20. Recording of Memorandum. Upon the execution hereof, Grantor and City shall execute
and cause to be recorded with the Muskegon County Register of Deeds a memorandum
hereof in form reasonably acceptable to Grantor. All recording charges and any stamp or
similar tax shall be paid by City. Upon the expiration or earlier termination of this
agreement, Grantor and City shall cooperate to execute a recordable termination of same.
Grantor shall pay the recording charges and any stamp or similar tax to terminate this
agreement.
21. Miscellaneous.
a. Covenants to Run with Land. It is intended that each of the easements,
covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land
and create equitable servitudes in favor of the real property benefited thereby, shall bind every
person having any fee, leasehold or other interest therein and shall inure to the benefit of the
respective parties and their successors, assigns, heirs, and personal representatives.
b. Owner’s Acceptance. The owner of any Parcel or any portion thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof,
whether from an original party or from a subsequent owner of such Parcel, shall accept such deed
or contract upon and subject to each and all of the easements, covenants, conditions, restrictions
and obligations contained herein. By such acceptance, any such owner shall for himself and his
successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with
_ the other party, to keep, observe, comply with, and perform the obligations and agreements set
forth herein with respect to the property so acquired by such owner.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
Dated: Mla L, Alldf Yi brn
By: Ken Idhnson
Its: Mayor
Dated: UfA / / MOY QQ Rou
By: Ann Meisch
Its: Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
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The foregoing document was acknowledged before me on| At | lr, 2024, by Ken
Johnson, Mayor, and Ann Meisch, Clerk, of the City of Muskegon,/a Michigan municipal
corporation, on behalf of the corporation.
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WXHIBIT A
Legal Description of the Parcel
The following Premises are located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
That part of the Southeast % of the Northwest 4 of the Northeast 4 of the Southwest '4 of Section
33, Town 10 North, Range 16 West, beginning at the Northwest corner of the Northeast 4 of the
Southwest “4; thence along the West line of the Northeast “% of the Southwest 4; thence South 00
degrees 33 minutes 00 seconds West 17.85 feet; thence along the Easterly extension of the
centerline of Hackley Avenue, South 89 degrees 43 minutes 00 seconds East 42.24 feet to a
concrete monument on the Westerly right of way of former Grand Trunk Western Railroad for the
Point of Beginning; thence along said Right-of-Way North 00 degrees 48 minutes 00 seconds East
375.63 feet to an iton stake; thence along said Right-of-Way North 32 degrees 28 minutes 30
seconds West 391.64 feet (Deed North 32 degrees 23 minutes West 391.27 feet) to the North line
of Delano Avenue extended; thence along said North line South 89 degrees 50 minutes East 316.90
feet to the Easterly Right-of-Way of said Railroad; thence along said Easterly Right-of-Way South
00 degrees 48 minutes 00 seconds West 706.56 feet; thence North 89 degrees 12 minutes 00
seconds West 102.00 feet to the Point of Beginning.
Parcel No.: 61-24-133-100-0019-00
Commonly known as: 2140 Valley Street
EXDIBIT B
Easement Property
The following Premises are located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
An easement over the West 205 feet of the South 250 feet of the following described parcel: That
part of the Southeast % of the Northwest 4 of the Northeast '/ of the Southwest % of Section 33,
Town 10 North, Range 16 West, beginning at the Northwest corner of the Northeast % of the
Southwest 4; thence along the West line of the Northeast 4 of the Southwest 4; thence South 00
degrees 33 minutes 00 seconds West 17.85 feet; thence along the Easterly extension of the
centerline of Hackley Avenue, South 89 degrees 43 minutes 00 seconds East 42.24 feet to a
concrete monument on the Westerly right of way of former Grand Trunk Western Railroad
for the
Point of Beginning; thence along said Right-of-Way North 00 degrees 48 minutes 00 seconds East
375.63 feet to an iron stake; thence along said Right-of-Way North 32 degrees 28 minutes 30
seconds West 391.64 feet (Deed North 32 degrees 23 minutes West 391.27 feet) to the North line
of Delano Avenue extended; thence along said North line South 89 degrees 50 minutes East 316.90
feet to the Easterly Right-of-Way of said Railroad; thence along said Easterly Right-of-Way South
00 degrees 48 minutes 00 seconds West 706.56 feet; thence North 89 degrees 12 minutes 00
seconds West 102.00 feet to the Point of Beginning.
Use color coded sketch of below.
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