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PUBLIG UTILITY EASEMENT
THIS PUBLIC UTILITY EASEMENT (‘Agreement’) dated Hon v24
2023 between MIDWEST V, LLC, a Michigan limited liability company, whose address
is 1435 Fulton Street, 2nd Floor, Grand Haven, Michigan 49417 (“Grantor”) and the
City of Muskegon, a Michigan municipal corporation, whose address is 933
Terrace St.,Muskegon, michigan 49440-1397 (“City’).
Recitals:
A. Grantor owns a certain parcel of real estate that is located in the City of Muskegon,
County of Muskegon, State of Michigan, which is more specifically described on
the attached Exhibit A (“Property”).
B. The City desires to obtain an easement under, across and through a partion of the
Property.
C. Grantor agrees to grant to the City a utility easement under, across and through a
portion of the Property for the purposes as set forth in this Agreement.
THEREFORE, in consideration of the mutual covenants, conditions and agreements set
forth below, the parties hereto agree as follows:
1. Grant of Easement: In consideration of less than One Hundred Dollars ($100.00)
plus other valuable consideration, Grantor grants and conveys to the City a
permanent, non-exclusive: easement and right-of-way under, across and through
that portion of the Property as described in Exhibit B (“Easement Area’).
2. Purpose of the Easement. The City shall use the Easement Area for the purpose
of constructing; operating, maintaining, repairing, improving or replacing the
pipelines, connections, leads and all other components of the City’s sanitary sewer
and storm sewer systems placed within the Easement Area (“Utility Activities”).
3. Access to the Easement Area. The City shall have the right of ingress and egress
to the Easement Area’ from the public right-of-way, and, if necessary, through
areas of the Property that are immediately adjacent to the Easement Area, in order
to carry out the Utility Activities, subject to the following conditions:
a) Perform the Utility Activities without cost to Grantor and in such a manner as
not to unreasonably interfere with Grantor’s use of or the business operations
conducted on the Property.
b) Restore the Easement Area (and any other portions of the Property that are
disturbed or damaged by the City) without cost to Grantor after completion of
the Utility Activities to the same condition as existed before any such Utility
Activity was performed. If necessary, such restoration shall-include re-grading
and reseeding any lawn areas disturbed or damaged by the City’s activities.
c) Exercise reasonable care to protect any
fixed structures, landscaping and other
improvements on the Property during the performance of Utility Activities.
d) Grantor agrees not fo construct any buildings or permanent structures on or
within the Easement Area, unless prior written approvalis given by the City for
a particular building or structure.
. Authority of Representatives. The parties represent and warrant to the other that
this Agreement and its execution by the individual(s). on. its behalf are authorized
by members or governing body of that party.
. Binding Effect. This Agreement shall bind the patties, and their successors and
assigns. The parties do not intend to confer any benefits on any person, firm,
corporation, or other entity which is not party to this Agreement.
. Amendment. This Agreement shall not be amended or modified except in writing
signed by both parties.
. Governing Law. This Agreement is governed under applicable Michigan law. Both
parties had the assistance of legal counsel in the negotiation and preparation of
this Agreement. Therefore, no construction or ambiguity of this Agreement is
resolved against either party.
. Exemption from Transfer Tax. This Agreement is exempt from transfer tax
pursuant to MCL 207.505(a) and MCL 207. 526(a). |
[Remainder of Page Left Intentionally Blank. ‘Signature Page Follows.]
MIDWEST V, LLC,
a Michigan limited liability company
WEG
Name: Saks JA, Krarlho-
Its: [now per
STATE OF MICHIGAN )
‘ ) ss.
COUNTY OF _ O44.u6 )
The foregoing instrument was acknowledged before me on [Mey lo,
2023, by Seat MM. Knulbon the Ma-wey __ of Midwest V, LLC, a Michigan
limited liability company, on behalf of said limited liability company,
PePETER
TeR CLIFTON N
Print Name: ler OANAittoun
CA
hy , » coin of Otona ns ( Notary Public _ Otbe.we 7] County, Ml
Nota ic - @ of Michigan *
ommission Expires Apr 17, 2027 P M
Acting in the County of Obdeue
issi
y commission expires:
ires: 4/ftz{7ze
> Acting in Ot4eve County
CITY OF MUSKEGON,
a Michigan municipal corporation
Namé: Ken Johnson
Its:____ Mayor
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me on Nanevertt eal
2023, by Men Xohonwn _ , the _wetc _ of the’ City of Muskegon, a
Michigan municipal corporation, on behalf of saidmunicipal corporation.
shel xLel LrAtuncb
Print Name: ANWR Leu Le
Notary Public (A Gounty, MI
My commission expires: 8Q\) pn2 ly WAS
Acting in Muskegon County\)
Prepared By & After Recording Return To:
Midwest V, LLC
Scott M. Knowlton, Esq.
_ 1435 Fulton St., 2nd Floor
Grand Haven, MI 49417
EXHIBIT A
_ Property
Parcel 1:
The East 15 feet of Lot 9 and entire Lots 10, 11, 12, 13 and 14 of VanDams Subdivision,
of North 144 feet of Lot 1 of Block 1 of R. P. Easton's Second Subdivision of part of
Section 32, Town 10 North, Range 16 West, City of Muskegon, Muskegon County,
Michigan, as recorded in Liber 6 of Plats, Page 16, Muskegon County Records.
Together with the vacated East and West alley running from Smith to Woods Streets,
lying South of the South line of said lots and adjacent thereto.
Parcel 2:
Lots 11 and 12 of Block 1 of Subdivision of-part of Lot 1, Block 1 of R. P. Easton's Second
Subdivision of part of Section 32, Town 10 North, Range 16 West, City of Muskegon,
Muskegon County, Michigan, except the North 20 feet of the South 25 feet of said Lots
11 and 12: also the vacated North and South alley lying between said Lots 11 and 12 of
Block 1 of Subdivision of part of Lot 1, Block 1 of said R. P. Easton’s Second Subdivision,
except the South 25 feet thereof.
Parcel 3:
The North 20 feet of the South 25 feet of Lots 11 and 12 of Block 1 of Subdivision of part
of Lot 1 of Block 1 of R. P. Easton's Second Subdivision and the South 25 feet of the
vacated North and South alley lying between the North and South lines of said Lots 11
and 12, being the lands conveyed to the City of Muskegon by Deeds recorded in Liber
654, Page 563, and Liber 658, Page 168, in the Office of the Register of Deeds for said
County of Muskegon.
The property address and tax parcel number listed below are provided solely for
informational purposes, without warranty as to accuracy or completeness. If the
information listed below is inconsistent in any way with the legal description listed above,
the legal description listed above shall control.
Property Addresses: 381 E. Laketon Avenue, Muskegon, MI 49442
1827 Wood Street, Muskegon, MI 49442
Tax Parcel Nos.: 61-24-810-000-0010-00
61-24-762-001-0011-00
EXHIBIT B
Easement Area
See attached depiction and description.
EXHIBIT “B" |
1 inch = 50 ft,
PART OF THE NORTHWEST 1/4, SECTION 32, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 14 OF VANDAMS SUBDIVISION OF THE NORTH 144 FEET OF LOT 1, BLOCK 1 OF R.P.
EASTON'S SUBDIVISION OF SECTION 32, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, AS
RECORDED IN LIBER 6 OF PLATS, PAGE 16, MUSKEGON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID VANDAMS SUBDIVISION,
SOUTH 02°03'SO" WEST 125.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE AND THE SOUTHERLY
EXTENSION THEREOF, SOUTH 02°03'SO" WEST 20.00 FEET; THENCE NORTH 87°35'44” WEST 2.42 FEET; THENCE SOUTH 58°41'58" WEST
28.41 FEET; THENCE SOUTH 87°35'44" EAST 26.15 FEET TO THE SOUTHERLY EXTENSION OF SAID EAST LINE; THENCE ALONG SAID
SOUTHERLY EXTENSION, SOUTH 02°03'S0" WEST 20,00 FEET; THENCE NORTH 87°35'44" WEST 167.38 FEET; THENCE NORTH 59°04'53"
WEST 103.69 FEET; THENCE NORTH 87°S6'14" WEST 6.82 FEET TO THE WESTERLY LINE OF THE EAST 15 FEET OF LOT 9 OF SAID VANDAMS
SUBDIVISION; THENCE ALONG SAID WESTERLY LINE, NORTH 02°02'17" EAST 20,00 FEET; THENCE SOUTH 87°56'14" EAST 44.97 FEET;
THENCE SOUTH 59°04'53" EAST 103.60 FEET; THENCE SOUTH 87°35'44" EAST 100.23 FEET; THENCE NORTH 58°41'58" EAST 64.32 FEET;
THENCE SOUTH 87°35'44" EAST 8.36 FEET TO SAID EASTERLY LINE AND THE POINT OF BEGINNING, EASEMENT CONTAINS 0.152 ACRES
(6,602+ SQ, FT,). SUBJECT TO EASEMENTS, RESTRICTIONS, AND RIGHTS OF WAY APPARENT AND OF RECORD.
E. LAKETON AVE,
; (80' PUBLIC RIGHT OF Way) NORTHEAST CORNER
LOT 14, VANDAMS SUBDIVISION |
(65' PUBLIC RIGHT OF WAY)
SMITH ST.
(66° PUBLIC RIGHT OF WAY)
WOOD ST.
ee
$02° 03' 50"
125.90°
$87° 56' 14"E POINT OF BEGINNING
Noo? 02 478
20.00 87° 35 44°E | saat ene
oae $02" 03' 50'W
20.00'
N87° 56' 14°W
6.82"
N87° 35° 44"°W
| 2.42!
$87 35' 44°E 100.29
we
|
_S58° 47° 58°W
L EE *
; N87" 35! 44°W 167,99" \
S87° 35° we) 26.15' $02" 03' 50°W
20.00°
XY /
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seer MME: SANITARY EASEMENT sonnunser: — 22004200
mad AR ENGINEERING PROJECT:
[j= MUSKEGON (LAKETON AVE) DATE: 41/09/2022
CIVILENGINEERING & SuRveYING | | CERTIFIED TO. MIDWEST PROPERTY prawney: SAP
MICHIGAN | INDIANA | ILUNOIS | OHIO SITE ADDRESS:
samarosiy
cord ett tool SITE SECTION:
981 E LAKETON AVE
SECTION 32 TOWNSHIP 10N RANGE 16V7 sueereumwen: 4 Of 4 )
RLEROOUC Tote COM G CA OTIER USE OF 1ES DRAATED WITOUI WEITTI COr ONT EG PROUHNTED OAR RG EERIT
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