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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 23, 2024 Title: Consumers Energy Easement for the Water
Filtration Plant Tower
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to grant an easement to Consumers Energy for electric service to the
communications tower at the water filtration plant.
Detailed Summary & Background:
Verizon Wireless recently received their Critical Dune Permit from the State Department of EGLE,
which will allow them to begin installation of their antenna(s) and other equipment. In order to
supply power to the equipment, Consumers Energy needs to bring electic service to the site. This
route keeps the electric lines outside of the fence of the filtration plant, ensuring the minimal impact
on City operations. Staff recommends approval.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure.
Goal/Action Item:
Action Item 2022 — 4.2 Take advantage of external revenue sources
Amount Requested: Budgeted Item:
N/A
Yes No N/A X
Fund(s) or Accouni(s): Budget Amendment Needed:
N/A Yes No N/A | X
Recommended Motion:
| move approval for staff to grant and easement to Consumers Energy on the water filtration plant
property for the purposes of bringing electric service to the plant's telecommunications tower.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
No
Head
Information Technology
Other Division Heads
Communication
Legal Review
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EASEMENT FOR ELECTRIC FACILITIES
SAP# 1068616647
Design# 11571438
Agreement# MI00000074892
CITY OF MUSKEGON, a municipal corporation, whose address is 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. Consumers may attach additional lines outside the Easement Area, running laterally from a line within the Easement
Area to the North, South, East and West edges of Owner's Land, in which event the Easement Area shall include a 12-foot-wide
strip of land, being 6 feet on each side of each such lateral line.
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.
Access: Consumers shall have the right to unimpaired access to said line or lines, and the right of ingress and egress on, over,
and through Owner's Land for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
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.
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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.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all 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. {tis not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Date: Owner: CITY OF MUSKEGON, a municipal corporation
Signature
By:
Print name
Its:
Print title
Acknowledgment
The foregoing instrument was acknowledged before me in County,
on by ‘ of the City of Muskegon, a municipal
Date Name Title
corporation, on behalf of the corporation.
Notary Public
Print Name
County,
Acting in County
My Commission expires:
PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Miranda Fry 11/01/23 EP7-464 Carrie J. Main, EP7-464
700 E Sternberg Road Consumers Energy Company Consumers Energy Company
Muskegon, MI 49441 One Energy Plaza One Energy Plaza
Jackson, MI 49201 Jackson, Mi 49201
Revised By: Miranda Fry 1/8/24
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EXHIBIT A
Owner's Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
A parcel of land in the Northeast 1/4 of Section 33, Town 10 North, Range 17 West, being described as: City of Muskegon Revised
Plat of 1903, that part of Block 731 Westerly of Water Works Road and Westerly of Lake Michigan Park Subdivision #1, as platted
also that part of Ash Street vacated lying Southerly of Lakeshore Drive and Westerly of Water Words Road.
Also known as; 1900 Beach Street, Muskegon, Michigan 49441
Parcel ID: 61-24-205-731-0001-00
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EXHIBIT
B
Easement Area
A 12.00-foot-wide strip of land, being 6.00 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.
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