View the PDF version Google Docs PDF Viewer
perth us 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 gf 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. Jpaiagloentnn Notary Public|avsllagen County, eae Acting i1 n(Yostoqaa — My commission fees mare Une O 340 nty, Dl at é Ce : Lge Roney ea eS ao. Pe we aia Tey. arkacs tiegh aa 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.
Sign up for City of Muskegon Emails