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1 ¢ CITY OF
pay MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 25, 2025 Title: Pere Marquette Restroom Building -
Consumers Energy Easement
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff requests authorization to sign the attached easement document providing Consumers Energy
an easement to extend power facilities to serve the new restroom building at Pere Marquette Beach.
Detailed Summary & Background:
Consumers Energy needs to extend their power from the existing power pole located ai the
intersection of Beach St. & Wilcox Ave. to the restroom building being constructed just north of the
Kite Shop. They will Use horizonial directional drilling (HDD) technology to install a conduit from the
pole to the building, and run the power cable(s) underground. The cost for Consumers to complete
the work is $34,583.30 which is available in the project budget, and the easement language is in the
standard Consumers Energy format.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services & Public restrooms that remain open
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
Fund(s) or Accounit(s): Budget Amendment Needed:
N.A. Yes No N/A | X
Recommended Motion:
Move to authorize staff to sign the attached easement document providing Consumers Energy an
easement to extend power facilities to serve the new restroom building at Pere Marquette Beach.
Approvals: Guest(s) Invited / Presenting:
immediate Division x
Head No
Received & Sealed for Record
William A. Moulatsiotis Register of Deeds
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7 Muskegon County Michigan
06/03/2025 09:37:29 AM Liber: 4388 Page: 146
William A. Moulatsiotis Liber: 4388 Page: 146
Register of Deeds Page: 1 of 4
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EASEMENT FOR ELECTRIC FACILITIES
SAP# 1072222783
Design# 11699261
Agreement# MI00000081990
CITY OF MUSKEGON, a Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan 49443
(hereinafter “Owner”)
for $41.00 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 49204 (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 South and East edges of Owner's Land, in which event the Easement Area shall include a 12.00-foot-wide strip of land,
being 6.00 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 Consumersofthe 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. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
. 29
Date: 3 - 29+ 2S Owner: CITY OF MUSKEGON, a Michigan municipal corporation,
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Ag —
Signature
By: Tadd AkERS
Print Name
its DEPUTY DikEcTodk of JOBL/C VAKS
Print Title
Acknowledgment
The foregoing instrument was acknowledged before me in Muslegovn County, MAA '
on MA ack, QS ovas” by “Toclal Myers Deputy Director of Public Works of
:
Date
City of Muskegon. a Michigan municipal apnoration, on behalf of the corporation.
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PROPERTY OWNERS MAIL REGISTER OF DEEDS OFFICE USE
SIGNED EASEMENT TO: ONLY
Brian Moore Prepared By: Return recorded instrument to:
Consumers Energy Company Mara Armstrong 11/21/24, EP7-464 Carrie J. Main, EP7-464
700 East Sternberg Road Consumers Energy Company Consumers Energy Company
Muskegon, Michigan 49441 One Energy Plaza One Energy Plaza
ROW Manager: Brandon McDowell Jackson, Mi 49201 Jackson, MI 49201
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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, Township LO North, Range 17 West described as: City of Muskegon revised
Plat of 1903 that part of Block 731. lying Westerly of Water Works Road and Westerly of Lake Michigan Park, Subdivision No. 4 as
Platted, also that part of Ash Street vacant lot Southerly of Lakeshore Drive and Westerly of Water Works Road subject to electric
easement Liber 4328, Page 989, Muskegon County Records.
Also known as: 1900 Beach Street, Muskegon, Michigan 49441
Parcel ID: 24-205-734-0001-00
And
A parcel of land in the Northeast 1/4. of the Northwest 1/4 of Section 33, the Southeast 1/4 of the Southwest 1/4 of Section 28,
the Southeast 1/4 of Section 29, Township 10 North, Range 17 West, described as the City of Muskegon revised Plat of 1903,
entire Block 734, entire Block 738 and entire Block 739 except the Northerly 408.83 feet of the Westerly 500.00 feet of Block
739 (exception is for US Coast Guard Station) also except that part of Block 739 described as project the North line of Indiana
Avenue, Southwesterly to Westerly line Westerly Beach Street oval to a point 50 feet North of the Northeasterly projected North
line of existing Pavilion building; thence Southwesterly and at a right angle to the Westerly line of the Westerly beach Street oval
405.00 feet and 50.00 feet Westerly of projected West line of existing pavilion building; thence Southeasterly and parallel to
Westerly line of Westerly Beach Street oval 180.00 feet; thence Northeasterly 105.00 feet to the Point of Beginning being a
rectangular parcel 105.00 feet by 180 feet (Second exception is Location of restaurant parce! on Pere Marquette Park) subject
to water system easements, Liber 4264, Page 395, Muskegon County Records.
Also known as: 1651 Beach Street, Muskegon, Michigan 49441.
Parcel 1D: 24-205-734-0001-00
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B
EXHIBIT
Easement Area
A 12,00-foot-wide strip of land, being 6.00 feet on each side of the facilities of the line constructed on Owner's Land, the facilities
to be located approximately as shown in the attached drawing.
. o* “\\ . 12.00 Foot Easement
~ \ a 6.00 Feet on each side
of line and electrical
facilities as constructed.
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