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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 / NN 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 ~ O7T
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