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CITY OF
mi ~” im MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 12, 2025 Title: Driveway Easement to Benefit 1188
Lakeshore Dr
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff presents a driveway easement benefitting 1188 Lakeshore Dr across the Lakeshore Trail and
adjacent former railroad right-of-way.
Detailed Summary & Background:
A resident of the City is proposing to build a home at 1188 Lakeshore Drive, and prior to closing on
the property their lender has requested a driveway easement from the City allowing the owner of the
property to cross the City's Lakeshore Trail property as well as the adjacent former railroad right-of-
way the City now owns. Staff have worked with the resident to address concerns regarding sight
distance at the trail crossing, and recommend approval of the easement.
Goal/Action tem:
2027 Goal 2: Economic Development Housing and Business - Improved community vibrancy through
infill develooment
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 of a driveway easement benefitting 1188 Lakeshore Dr across the Lakeshore Trail
and adjacent former railroad right-of-way.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Received & Sealed for Record
William A. Moulatsiotis Register of Deeds
Muskegon County Michigan
08/19/2025 02:13:11 PM Liber: 4394 Page: 488
William A. Moulatsiotis Liber: 4394 Page: 489
Register of Deeds Page: 1 of 11
Muskegon County Michigan 08/19/2025 02:13:11 PM
§860026 O34
GRANT OF DRIVEWAY EASEMENT
This agreement (the “Agreement”) is entered into on this Aryayet wt, 2025, between City
of Muskegon, of 933 Terrace St, Muskegon, MI 49440 (the "Gfantor”}, and Gabriel Wilhelm
and Maju B Wilhelm, of 5827 Crosswinds Drive Unit 24, Norton Shores MI 49444 (the
“Grantee”), on the following terms and conditions.
1, Purpose. Grantor and Grantee own adjacent parcels of land, Grantee wishes to purchase
an easement from Grantor across Grantor’s land for purposes of ingress and egress from
a public road, Western Avenue, to Grantee’s land, which will burden Grantor’s parcel for
the benefit of Grantee’s adjacent parcel.
2, Property. Grantor owns land in City of Muskegon, Michigan, described on the attached
Exhibit A (the “Burdened Property”}. Grantee owns land in the City of Muskegon,
Michigan described on the attached Exhibit A (the “Benefited Property”),
3. Consideration. Grantee, in consideration of the grant of the easement stated in this
Agreement agrees to pay Grantor $1.00 payable at the time of the signing of this
Agreement. This Agreement is exempt from transfer taxes pursuant to MCL 207,505(a)
and 207.526(a),
4. Description of the Easement. Grantor grants to Grantee a non-exclusive right, privilege,
and perpetual easement for ingress and egress across the Burdened Property for
residential pedestrian and vehicular use as depicted on the attached Exhibit B and C
(the “Easement”). This Easement permits pedestrian and vehicular traffic for the
purposes of accessing, entering, exiting, and traveling to and from the Benefited
Received for Record Page 1 of 6
William A, Moulatsiotis Register of Deeds
Muskegon County Michigan
08/49/2025 10:08:10 AM 193606
Property and the nearest public road, W. Western, situated east of the Burdened
Property.
Condition and maintenance. Grantee shall be solely responsible for rnaintaining the
Easement and shall not allow it to become unsightly or a nuisance and so as to afford
continuous access and safe and unimpeded passage of vehicular and pedestrian traffic
on, over and across the Burdened Property. Any ruts shall be promptly filled. The
driveway shall be used only for access by residential traffic to and from a single-family
residence located on the Benefited Property. The use must be for residential traffic only.
Any damage caused to the Burdened Property by the acts or neglects of the Grantee, or
by the Grantee’s agents, lessees, employees, contractors, or subcontractors shall be
repaired or replaced solely by Grantee, at its sole cost and expense. Further, Grantee
shall, at its expense, maintain in good order, condition and repair all areas, buildings,
improvements, and other structures located on the Benefited Property.
Covenants. As a condition to entering into this Agreement, the parties agree that the
following restrictions shall apply to the Benefited Property:
a. No structure other than a single-family residence and permitted accessory
structures, as allowed by the local zoning ordinance, shall be constructed or
placed on the Benefited Property without the prior written consent of Grantor.
b. The Benefited Property shall not be split or subdivided without the prior written
consent of Grantor. If the Benefited Property is subdivided, this Agreement may
be assigned for the use of only one other single-family residential parcel.
c. No trees shall be removed, nor shall any structure be built or located within
twenty (20) feet of the Burdened Property, except to the extent reasonably
necessary for the construction of a driveway to access the Benefited Property in
the least invasive manner possible.
Interest in realty. The Easement is for the use and benefit of the Benefited Property and
is to be an appurtenance to the Benefited Property and run with the land,
Insurance. The owner of the Benefited Property shall obtain liability insurance as part of
its owner’s policy for the Benefited Property to cover any liabilities that arise as a result
of the use by the owner of the Benefited Property of the Easement and the owner of the
Benefited Property’s liability policy shall name the owner of the Burdened Property as
an insured party for the owner of the Benefited Property’s use of the Easement.
Indemnification. Grantee agrees to defend, indemnify, and save harmless Grantor from
and against any and all liability or claim thereof (including, but not limited to, reasonable
Page 2 of 6
attorney fees and costs), whether for injury to persons, including death, or damage to
property, which may be imposed upon, incurred by or asserted against Grantor (i) arising
in connection with or as a direct or indirect result of any activity by Grantee, its
employees, agents, lessees, contractors, or subcontractors in, on or about the Grantor
Property during the term of this Agreement; or (ii) arising out of any negligent act or
omission to act by Grantee, its agents, employees, lessees, or contractors, or
subcontractors during the term of this Agreement.
10. Recording. The parties shall record this Agreement with the Muskegon County Register
of Deeds.
14. No Waiver of Default. No waiver of any default by any party shall be implied from an
omission by another party to take any action in respect to a default if such default
continues or is repeated. One or more waivers of any default in the performance of any
term, provision or covenant of this Agreement shall not be deemed to be a waiver of any
subsequent default of same. The rights and remedies given to any party to this
Agreement shall be deemed to be cumulative and no one of such rights and remedies
shall be exclusive of any of the others, or of any other right or remedy at law or in equity
which any such party might otherwise have by virtue of a default under this Agreement,
and the exercise of one such right or remedy by any such party shall not impair such
party's standing to exercise any other right or remedy.
12. No Gift or Dedication. Nothing contained in this Agreement shall be deemed to be a gift
or dedication of any portion of the Burdened Property to the general public or for any
public purposes whatsoever, it being the intention that the easements created herein
shall be strictly limited to and for the purposes expressed in this Agreement.
43, Amendments. This Agreement may not be amended, modified, rescinded, limited, or
changed except by written agreement signed by the parties (or their successors and
assigns).
14. Entire agreement. This Agreement and all exhibits constitute the entire agreement
between the parties regarding the subject matter of this Agreement, and all prior
negotiations and agreements regarding the Easement between the parties, whether
written or oral, shall be of no further force and effect. This Agreement may not be
modified except by a written document signed by both parties.
15, Notice. Except as otherwise provided, all notices required under this Agreement shall be
effective only if in writing or in a form of electronic or facsimile transmission that
provides evidence of receipt and shall be either personally served, electronically
transmitted, or sent with postage prepaid to the appropriate party at its address as set
Page 3 of 6
forth in the introductory paragraph of this Agreement. Either party may change its
address by giving notice of the change or a new facsimile transmission number to the
other as provided tn this section.
16. Severability. If any term, covenant, or condition of this Agreement or the application of
which to any party or circumstance shall be to any extent invalid or unenforceable, the
remainder of this Agreement, or the application of such term, covenant, or condition to
persons or circumstances other than those to which it is held invalid or unenforceable,
shall be effective, and each term, covenant, or condition of this Agreement shall be valid
and enforced to the fullest extent permitted by law.
17. Counterparts. This Agreement may be executed in one or more counterparts, and by
separate counterpart signature pages, each of which shall be deemed to be an original.
Facsimile or pdf signatures shall be acceptable.
18. Jurisdiction and venue. Any disputes under this conveyance shall be subject to the laws
of the state of Michigan and venue for any disputes shall lie in Muskegon County,
Michigan.
19. Time is of the essence. Time shall be of the essence in the performance and actions
undertaken under this Agreement.
20. Exhibits. The following exhibits are attached to and are a part of this Agreement:
a. Exhibit A—Legal descriptions of the Benefited Property and the Burdened
Property
b, Exhibit B and C —Drawing and description of the Easement
21. Effective date. Owner and Grantee have signed this Agreement, and it shall be effective
as of the day and year first above written.
Page 4 of 6
City of Muskegon, Grantor
Dan VanderHeide, Director of Public Works
STATE OF MICHIGAN )
Troskeys -\ COUNTY — )
Acknowledged before me in (\o© SKeoyerc. County, Michigan, on Yavous } Lu, 2025
by Dan Van docneads the City of Muskegon (Grantor).
, OS doe \oor¥ <Oircrof
nan! 1
Is \ Yann EO NE >
Printed name: = Aan (oxnte CMOS cK,
Notary public, State of Michigan, County of (so sVang ~
My commission expires 2-2% Lei)
Acting in the County of (yao Sees yo
Page 5 of 6
Gabriel Wilhelm, Grantee
NM Lapis BAA Lhbohm
Maju B Wilhelm, Grantee
STATE OF MICHIGAN )
DroMayac COUNTY |
Acknowledged before me in (oskayon County, Michigan, on Roc} yu , 2025
by Gabriel Wilhelm and Maju B Wilhelm (Grantee).
Js] Sara P90)
Printed name: Ain (ames & (PR SON
Notary public, State of Michigan, County of OTM.\ Ks igen.
My commission expires 2~ Le tor) .
Acting in the County of (96K oo ory.
Drafted by and when recorded return to:
Scott Sewick (P54392)
Van Tubergen, Treutler & Hayes, PLLC
114 N. Third St.
Grand Haven, MI 49417
616-844-3000
Page 6 of 6
A
Exhibit
Grantor City of Muskegon Burdened Property Description:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 581 EX SWLY 15 FT OF SELY 100
ET ADJ LOT 2 & EX SWLY 106 FTADJ LOT1 & EX SELY 100 FT LYING SLY OF NLY LN LOT4
EXTD ALSO THAT PT OF BLK 579 WHICH LIES S OF SLY LN OF WESTERN AVE
EXTENSION EXC COM @ NW COR OF LOT 6 BLK 470 THW 10 FT THS 129.3 FT TH SELY
ALG A9 DEG CURVE 164 FT TH N 53D 56M W 109.36 FT TH N 30D E 70 FT M/A. TO S LN OF
WESTERN AVE EXT TH NWLY ALG S LN TO POB, Also including all that property as recited in
Liber 4327, Page 492 Muskegon County records. Also including all that part of Block 580 of
the City of Muskegon Revised Plat of (1903) lying North Westerly of the Railroad property
recited in Liber 4329 Page 518 Muskegon County records and South Easterly of Lake Shore
Yacht Harbour as recited in the master deed recorded in Liber 1290 Page 64 Muskegon
County records.
61-24-205-581-0006-00
Withelm Benefited Property Description:
Property situated in the City of Muskegon, County of Muskegon, and State of Michigan
described as:
That part of Block 580 of the REVISED PLAT OF (1903) OF THE CITY OF MUSKEGON
according to the plat thereof, as recorded in Liber 3 of Plats, Page 71, described as:
Commencing at the Southeasterly corner of said Block 580; thence South 40 degrees 26
minutes East 33.76 feet along the extended Southwesterly line of said Block 580; thence
North 37 degrees 23 minutes East 997.56 feet; thence North 32 degrees 28 minutes West
236.30 feet along the Southwesterly line of the Northeasterly 200 feet of said Block 580 to
the PLACE OF BEGINNING of this description; thence South 57 degrees 32 minutes West
91,93 feet; thence North 80 degrees 40 minutes West 240.0 feet to Reference Point "B";
thence North 80 degrees 44 minutes West 45 feet more or less to the waters edge of
Muskegon Lake; thence Northerly 550 feet more or less along said waters edge to its
intersection with a line which bears North 32 degrees 28 minutes West from Reference
Point "C" (Reference Point "C" being located as follows: BEGINNING at above described
Reference Point "B"; thence North 82 degrees 43 minutes East 22.14 feet; thence North 19
degrees 43 minutes East 171.33 feet; thence North 10 degrees 25 minutes West 299.77
feet: thence North 57 degrees 32 minutes East 3.11 feet to Reference Point "C"); thence
South 32 degrees 28 minutes East 46 feet more or less to Reference Point "OC"; thence
South 32 degrees 28 minutes East 533.23 feet along the Southwesterly line of the
Northeasterly 200 feet of said Block 580 to the place of beginning.
EXCEPT;
Part of Block 580, of the REVISED PLAT OF (1903) OF THE CITY OF MUSKEGON, according
to the plat thereof, as recorded in Liber 3 of Plats, Page 71, described as beginning at the
most Easterly corner of LAKESHORE YACHT HARBOUR, a Marina Condominium, recorded
in Liber 1290, Page 64, as amended; thence South 37 degrees 23 minutes West along the
Southeast line of said LAKESHORE YACHT HARBOUR 17.06 feet; thence North 32 degrees
28 minutes West 242.22 feet, being parallel with and 16 feet Southwesterly (measured
perpendicular to) of the Northeasterly line of said LAKESHORE YACHT HARBOUR; thence
the following two (2) courses being along the boundary line of said Lakeshore Yacht
Harbour; thence North 57 degrees 32 minutes East 16.00 feet; thence South 32 degrees 28
minutes East 236.30 feet to the point of beginning.
ALSO EXCEPT;
That part of Block 580 of the REVISED PLAT OF (1903) OF THE CITY OF MUSKEGON,
according to the plat thereof, as recorded in Liber 3, Page 71, Muskegon County Records,
described as beginning at the most Easterly corner of LAKESHORE YACHT HARBOUR, a
Marina Condominium as recorded in Liber 1290, Page 64 as amended, Muskegon County
Records; thence North 32 degrees 28 minutes East 236.30 feet along the Northeasterly line
of LAKESHORE YACHT HARBOUR to the true place of beginning; thence South 57 degrees
32 minutes West along the Northerly line of said LAKESHORE YACHT HARBOUR, 16.00 feet;
thence North 32 degrees 28 minutes West 241.81 feet being parallel with and 16.00 feet
Southwesterly (measured perpendicular to) of the Southwesterly line of the Northeasterly
200.00 feet of said Block 580; thence North 21 degrees 47 minutes 54 seconds West 86.43
feet; thence South 32 degrees 28 minutes East along said Southwesterly line, 326.72 feet ta
the point of beginning.
AND ALSO EXCEPT;
A parcel of property to be used for a swimming pool development described as follows:
That part of Block 580 of the Revised Plat of 1903 of the City of Muskegon (Liber 3, Page 71),
Section 25, Town 10 North, Range 17 West, Muskegon County, Michigan, described as:
Beginning at a point on the Southwesterly line of Block 580 that is 33.79 feet North 40
degrees 14 minutes 15 seconds West from the intersection of the Southwesterly line of
Block 580 and the Northwesterly right of way line of the C & O Railroad; thence along the
Southwesterly line of Block 580, North 40 degrees 14 minutes 15 seconds West 245.85
feet: thence along an intermediate traverse line along the shore of Muskegon Lake North 31
degrees 07 minutes 10 seconds East 89.12 feet; thence along the Southerly boundary line
of Lakeshore Yacht Harbor as recorded in Liber 1290, Page 64 (and amended in Liber 1295,
Page 438), South 37 degrees 37 minutes East 119.26 feet; thence South 52 degrees 37
minutes East 135.00 feet; thence South 37 degrees 21 minutes 45 seconds West 110.00
feet, parallel with and 33 feet Northwesterly of (measured perpendicular) to the
Northwesterly right of way line of the C & O Railroad to the point of beginning. Together with
all lands lying between the intermediate traverse line and the water's edge of Muskegon
Lake.
Tax!ID: 61-24-205-580-0001-00
EASEMENT EXHIBIT.B
PROPOSED ACCESS EASEMENT OVER CITY PROPERTY:
AN ACCESS EASEMENT BEING PART OF BLOCK 580 OF THE REVISED PLAT OF (1903) OF THE CITY
OF MUSKEGON ACCORDING TO THE PLAT THEREOF, AS RECORDED IN LIBER 3 OF PLATS, PAGE 71,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF LAKESHORE YACHT HARBOUR CONDOMINIUM AS
RECORDED IN LIBER 1290, PAGE 64, THENCE SOUTH 37 DEGREES 23 MINUTES 00 SECONDS WEST
A DISTANCE OF 17.04 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 15 DEGREES 51 MINUTES 51 SECONDS EAST, A DISTANCE OF 3.54 FEET;
THENCE SOUTH O07 DEGREES 02 MINUTES 57 SECONDS EAST, A DISTANCE OF 18,74 FEET;
THENCE SOUTH 41 DEGREES 54 MINUTES 35 SECONDS WEST, A DISTANCE OF 70.69 FEET;
THENCE NORTH 32 DEGREES 28 MINUTES 03 SECONDS WEST, A DISTANCE OF 11.06 FEET;
THENCE NORTH 37 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 82.16 FEET TO THE
POINT OF BEGINNING,
SAID PARCEL CONTAINS 0.02 ACRES, MORE OR LESS.
@ FOUN
| —-\x FENCE
EXIST. ASPHALT
Yyy PROPOSED ASPHALT
EASTERLY CORNER OF
~~ N\
PROPOSED EASEMENT ” ae ae
OVER CITY PROPERTY ARBOUR CONDO AS
| \ RECORDED IN LIBER
1290, PAGE 64.
POINT OF BEGINNING
5 ANN
LINE CHART: ey
Oo OP a\
Li S15°51'51"E 3.54’
L2. SO7'02'57"E 18.74’
LS S41°54’35"W 70.69"
t
L4 N32°28’03"W 11.06’
L5 N37°23’00"E 82.16’
f a
a
-
fe,
K
| pts SHORE EASEMENT EXHIBIT
A VARIABLE WIDTH
EXIST. FENGF DRIVEWAY
ENGINEERING & SURVEYING | 5020 PRO eee 08/11/25 ||
NORTON SHORES, Ml. 49444
\File No.:4651—001C |}
ENVIRONMENTAL EASEMENT EXHIIT
LOCATED IN SECTION 25, TION, RI7W,
2534 Black Creek Road
Muskegon, Ml 49444 |
(231) 777-3447 | CITY OF MUSKEGON, MUSKEGON Co,
service@westshore.net
FASEMENT EXHIBIT C
PROPOSED ACCESS EASEMENT OVER CITY PROPERTY TO WILHELM PROPERTY:
AN ACCESS EASEMENT BEING PART OF BLOCK 580 OF THE REVISED PLAT OF (1903) OF THE
CITY OF MUSKEGON ACCORDING TO THE PLAT THEREOF, AS RECORDED IN LIBER 3 OF PLATS,
PAGE 71, DESCRIBED AS FOLLOWS;
COMMENCING AT THE EASTERLY CORNER OF LAKESHORE YACHT HARBOUR CONDOMINIUM AS
RECORDED IN LIBER 1290, PAGE 64, THENCE SOUTH 37 DEGREES 23 MINUTES OO SECONDS
WEST A DISTANCE OF 17.04 FEET;
THENCE SOUTH 15 DEGREES 51 MINUTES 57 SECONDS EAST, A DISTANCE ‘OF 3.54 FEET;
THENCE SOUTH O7 DEGREES O02 MINUTES 57 SECONDS EAST, A DISTANCE OF 18.74 FEET;
THENCE SOUTH 41 DEGREES 54 MINUTES 35 SECONDS WEST, A DISTANCE OF 35.49 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTHEASTERLY, A DISTANCE OF 49.19 FEET ALONG A REVERSE CURVE TO THE LEFT
CURVE DATA BEING RADIUS = 22,00 FEET, DELTA = 128 DEGREES O06 MINUTES 27 SECONDS,
LONG CHORD = 39.57 FEET, LONG CHORD BEARING = SOUTH 47 DEGREES 59 MINUTES 46
SECONDS EAST;
THENCE NORTH 67 DEGREES 57 MINUTES O SECONDS EAST, A DISTANCE OF 61.18 FEET;
THENCE NORTH 23 DEGREES 24 MINUTES 4 SECONDS EAST, A DISTANCE OF 11.75 FEET;
THENCE SOUTHEASTERLY, A DISTANCE OF 38.15 FEET ALONG A CURVE TO THE LEFT CURVE DATA
BEING RADIUS = 31.22 FEET, DELTA = 70 DEGREES O71 MINUTE 1 SECOND, LONG CHORD =
35.82 FEET, LONG CHORD BEARING = SOUTH 40 DEGREES 48 MINUTES 47 SECONDS EAST;
THENCE ALONG A LINE NON-—TANGENT TO SAID CURVE, NORTH 87 DEGREES 30 MINUTES 10
SECONDS WEST, A DISTANCE OF 17.37 FEET;
THENCE SOUTH 63 DEGREES 15 MINUTES 44 SECONDS WEST, A DISTANCE OF 84,41 FEET;
THENCE NORTH 71 DEGREES 3 MINUTES 36 SECONDS WEST, A DISTANCE OF 32.50 FEET;
THENCE NORTH 34 DEGREES 59 MINUTES 33 SECONDSFEET; WEST, A DISTANCE OF 24.79
THENCE NORTH 41 DEGREES 54 MINUTES 35 SECONDS EAST, A DISTANCE OF 35.20 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 0.07 ACRES, MORE OR LESS.
CURVE CHART
\
C1 (REVERSE 49.19°
ARC LENGTH:
CURVE): ; ;
EASTERLY CORNER OF
; LAKESHORE YACHT
RADIUS: 22.00 HARBOUR CONDO AS
LCs 39,57 V\ ! RECORDED IN LIBER SCALE: 1” = 40°
L.C.B.: S47°59'46"E ; 1290, PAGE 64.
DELTA: 128°06'27”
C2
ARC LENGTH: 38.15’ ‘
RADIUS: 31,22" & 9
L.C.: 35.82! : & W. WESTERN
L.C.B.: $40°48'47°E »
DELTA: — 70°01'01” AVE.
P.O.B. C2
LINE CHART: ACCESS
Li} S851 57" 3.54 oO ADRIVE
L2 $07°02’57"E 18.74’
L3 $41°54'35"W 70.69"
L4. N23'24’04"E 11.75
L5—-N87°30°10"W 17.37 on PROPOSED EASEMENT
L6 = N34°59°33"W 24.79’ Re Z ak OVER CITY PROPERTY
N77.Oss TO_WILHELM
%Q VARIABLE. WIDTH
EXIST. FENCE 255° Ls DRIVEWAY
}| Checked: sw |
Se WEsishonl
;
ENGINEERING & SURVEYING
“agama
5827 CROSSWINDS DR. 24
=
NORTON SHORES, MI. 49444: —001C &
= File No.:4651fiif2s
08/11/25
E N VIRONM EN T AL EASEMENT EXHIBIT || Figure:
2554ised Greek, hig | LOCATED IN SECTION 285, TION, RI7W, i|
(231) 777-3447 1 CITY OF MUSKEGON, MUSKEGON Co, 1
gon, i
serviceQwestshore.net
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