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Muskegon City Commission
Commission Meeting Date: December 13th, 2022 Title: Conservation Easement Agreement
at Remembrance Drive Site
Submitted By: Jake Eckholm Department: Development Services
Brief Summary:
Staff is requesting that Commission authorize a conservation easement agreement between the
City of Muskegon and James Street Capital, owner of the 500,000 square foot warehousing facility
that is operated by KL Outdoors.
Detailed Summary & Background:
During the planning and construction of the large warehousing building in 2017 and 2018, MDEQ
(now EGLE) cited a small piece of regulated wetland on the build-site. The developers at the time
requested that the city consider allowing a conservation easement on an adjacent, non-buildable
city-owned parcel. This was principally agreed upon by all parties as a logical solution, but never
completed. The attached agreement codifies the easement and completes the wetland mitigation
process for this development.
Attached in this item is the easement agreement signed by the current owners of KL Outdoor, a
letter from the city manager's office allowing a mitigation study and easement due diligence on our
property, and an aerial photo illustrating the impacted wetland (which is now built on) in red and
the proposed easement area in blue.
Goal/Focus Area/Action Item Addressed: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to approve the Conservation Easement Agreement as presented
and authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
■ Information Technology
□ Yes
□
Other Division Heads
■ Communication
□ No
■
For City Clerk Use Only:
Commission Action:
AGREEMENT FOR GRANT OF CONSERVATION EASEMENT
This AGREEMENT FOR GRANT OF CONSERVATION EASEMENT (this
"Agreement") is entered into ,()PA',<• I ·3 ,2022 by and between James Street Capital Holdings
of America No. 4, Inc. ("James Street"), having an address of 1790 Sun Dolphin Road, Muskegon
and the City of Muskegon (the "City"), having an address of 933 Terrace Street, Muskegon, MI
49440.
RECITALS
A. 2420 Remembrance Drive LC ("Developer") applied for a permit from Michigan
Department of Environment, Great Lakes and Energy ("EGLE") to authorize activities that will
impact regulated wetland in connection with the development of the real property legally described
on Exhibit A (the "Development Property").
B. EGLE issued Developer pemut number WRP015306 on May 13, 2019 (the
"Permit") on the condition that EGLE be granted a conservation easement (the "Easement") over,
across, through and under the real property legally described on Exhibit B (the "Easement
Premises") pursuant to the terms of an Agreement for Conservation Easement ("Easement
Agreement"), a copy of which is attached as Exhibit C.
C; The Easement Premises is owned by the City.
D. Developer conveyed the Development Property to James Street and James Street is
now the owner of the Development Property and upon EGLE' s consent, will be the assignee of
the Permit.
E. In order to induce the City to grant EGLE the Easement, the parties mutually agree
to the terms set forth in this Agreement.
NOW THEREFORE, for good and valuable consideration the sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant of Easement. City agrees to grant EGLE the Conservation Easement pursuant
to the terms of the Easement Agreement.
2. No Alteration of Easement Premises. Except as authorized under the Permit and the
Easement, James Street agrees to refrain from, and permit any other person from, altering or
097883.000047 4865-4095"0055.2
developing the Easement Premises in any manner different from its cunent usage, as more
particularly described in the Easement.
3. No Right of Possession. James Street acknowledges and agrees that the Easement
does not grant or convey to James Street any right of possession or use of the Easement Premises.
4. Reimbursement of Costs. James Street agrees to reimburse the City within ten (10)
days of receipt of notice for any costs incuned by the City to upkeep and maintain the Easement
Premises to the extent it may be required by law or by the Easement Agreement.
5. Default and Cure. In the event James Street fails to pay or perform its obligations
under the Easement Agreement within 10 days of receipt of written notice from the City, the City
shall be permitted to terminate the Easement Agreement.
6. Successors and Assigns. The terms the City and James Street wherever used in this
Agreement, and any pronouns used in place thereof, shall include, respectively, the City and its
successors and assigns, and James Street and its successors and assigns.
7. Defined Te1ms. All capitalized terms in this Agreement not otherwise defined in
this Agreement shall have the meaning set forth in the Easement Agreement.
[SIGNATURE PAGES FOLLOWS]
097883.000047 4865-4095-0055.2
IN WITNESS WHEREOF the parties have executed this Agreement as of the date set
forth above.
JAMES STREET
By: .
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James Street 9-a~·tu Ht,ol,.
No. 4, Inc. /
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The foregoing instrument was acknljwlged before me
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of, James Street Capital Holdings of America No. 4,
Inc., on behalf of the corporation; ~,J ·
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097883.000047 4865-4095-0055,2
CITY OF MUSKEGON
STATE OF V\fucbJ~lttl_}
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COUNTY OF
The foreg~ng instrument was acknowledged before me thisSttl day of
'10J1:,2621, _by ,f)n'.:fcttnS{JtlJ, the W)QL~91( of the City of Muskegon, behalf ofte
o orgaruzatJ.on.
(Signature of Notary u c)
,\,(;m,iJelf \ t~
(Typed or Printed
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mINotary Public)
Acting in: yY\1,ldalW~Yl County, Michigan
My Commission is in W\ l.U~@»n County, Michigan
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My Commission Expires: ~ I Lh£ l, d'.'.J;}S
DRAFTED BY:
Ryan L. Warsh, Esq.
Dykema Gossett PLLC
39577 Woodward Ave., Suite 300
Bloomfield Hills, MI 48304
AFTER RECORDING, RETURN TO:
City of Muskegon
c/o Parmenter Law
PO Box 786
Muskegon, MI 49443-0786
Attn: William Meier
097883,000047 4865-4095-0055.2
EXHIBIT A
DEVELOPMENT PROPERTY
097883.000047 4865-4095-0055.2
EXHIBITB
EASEMENT PREMISES
097883.000047 4865-4095-0055.2
EXHIBIT A
Development Property
Parcel #61-24-134-300-0005-00 &
#61-24-134-400-0002-00
Part of the Northeast one-quarter of the Southwest one-quarter of Section 34, Town 10
North, Range 16 West, City of Muskegon, Muskegon County, Michigan, lying
Northeasterly of the Michigan Shore Railroad right-of-way and that part of the Southeast
one-quarter of the Southwest one-quarter of Section 34, lying Northeasterly of the
Michigan Shore Railroad right-of-way.
EXCEPT COMMENCING at the Northwest corner of the Northeast one-quarter of the
Southwest one-quarter of said section; thence South 89°40'4511 East 200 feet along the
East-West one-quarter line; thence South 36°29'57 11 West to a point on the West one-
eighth line that is South 01 °17'25" West 280 feet from the place of beginning; thence
North 01 °17'25" East 280 feet to the place of beginning.
ALSO EXCEPT COMMENCING at the Northwest corner of the Northeast one-quarter of
the Southwest one-quarter of said section; thence South 01 °17'25" West along the one-
eighth line 800.68 feet for the PLACE OF BEGINNING; thence South 27°50'57 11 East
367.35 feet to the Northerly Railroad right-of-way; thence North 70°47'1 O" West along
said right-of-way 188 feet to said one-eighth line; thence North 01 °17'25" East along said
one-eighth line 263.0 feet to the place of beginning. EXCEPT that part of the Southwest
one-quarter of Section 34 described as COMMENCING at the West one-quarter corner
of said Section 34; thence North 88°56'26" East 1525.87 feet along the East-West one-
quarter line of said Section 34; thence South 35°06'29" West 81.75 feet to the PLACE
OF BEGINNING; thence South 35°06'29;' West 76.81 feet; thence North 88°55'52" East
445.50 feet; thence South 01 °04'08" East 350.00 feet; thence North 88°55'52" East
768.08 feet; thence North 00°15'16" West 411.85 feet along the North-South one-quarter
line of said section; thence South 88°56'26" West 1174.10 feet parallel with and 66 feet
South of the East-West one-quarter line of said section to the place of beginning.
ALSO all that part of the Northwest one-quarter of the Southeast one-quarter, Section 34,
Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, which
lies Northerly of Little Black Creek.
EXCEPT that part described as: COMMENCING at the East one-quarter corner of said
section; thence North 89°43'20" West along the East-West one-quarter line of said section
1401.10 feet to the Southeast corner of Lot 37, Port City Industrial Center No. 3; thence
South 00°36'10" West along the West line of Black Creek Road 66.67 feet to the South
line of Consumers Power Company property (as described in a deed recorded in Liber
1006, Page 153) for the PLACE OF BEGINNING; thence North 87°13'22" West along
said line 84.22 feet to a point which is 66 feet South of said East-West one-quarter; thence
North 89°43'20" West parallel to said East-West one-quarter line 80.84 feet; thence South
00°36'1 O" West 400.00 feet; thence South 89° 43'20" East 165 feet to the West line of said
Black Creek Road; thence North 00°36'1 0" East along said West line 396.33 feet to the
place of beginning.
ALSO EXCEPT the following: RE-COMMENCING at the Southeast corner of Lot 37, Port
City Industrial Center No. 3; thence South 00°36'10" West along the West line of Black
Creek Road 530 feet for the PLACE OF BEGINNING; thence North 89°43'20" West 140
feet; thence South 00°36'10" West 300 feet; thence South 89°43'20" East 140 feet to the
West line of said Black Creek Road; thence North 00°36'1 0" East along said West line
300 feet to the place of beginning.
EXHIBIT B
EASEMENT PREMISES DESCRIPTION
Wetland Mitigation
Part of the Southeast one-quarter of the Southwest one-quarter of Section 34, Town 10
North, Range 16 West, City of Muskegon, Muskegon County, Michigan, described as:
BEGINNING on the North-South one-quarter line of said Section 34 at a point being North
00°15'2311 West 1873.68 feet from the South one-quarter corner of said Section 34; thence
South 75°13'48" West 10.17 feet; thence South 44°22'43" West 56.60 feet; thence South
59°39'40" West 81.43 feet; thence South 70°10'07" West 23.62 feet; thence North
53°48'57" West 37.19 feet; thence North 87°58'02" West 32.20 feet; thence South
12°57'46" West 17.69 feet; thence South 85°36'26" West 77.01 feet; thence North
78°33'50" West 74.29 feet; thence North 87°39'48" West 41.52 feet; thence North
49°13'02" West 36.25 feet; thence North 04°12'13" East 45.20 feet; thence North
46°35'48" East 22.40 feet; thence North 86°57'36" East 113.14 feet; thence South
81 °39'15" East 139.96 feet; thence North 58°08'17" East 49.14 feet; thence South
52°09'21" East 20.35 feet; thence North 62°30'32" East 163.93 feet; thence South
76°04'19" East 204.80 feet; thence South 82°45'17" East 78.66 feet; thence North
88°12'46" East 94.40 feet; thence South 22°09'14" West 28.11 feet; thence South
88°37'11" East 205.51 feet; thence North 81 °47'29" East 60. 73 feet; thence South
11 °28'24" East 53.70 feet; thence South 26°41 '53" West 60.01 feet; thence South
65°21'07" West 72.60 feet; thence South 86°39'09" West 40.46 feet; thence North
20°10'24" West 25.18 feet; thence North 86°13'46" West 79.30 feet; thence North
67°54'31" West 101.46 feet; thence South 77°30'54" West 69.74 feet; thence South
87°03'08" West 34.56 feet; thence North 44°55'37" West 53.29 feet; thence North
64°55'31" West 51.47 feet; thence South 88°15'36" West 54.95 feet; thence North
52°58'18" West 73.72 feet; thence South 75°13'48" West 71.03 feet to the place of
beginning.
Containing 2.3117 acres
EXHIBIT C
FORM OF CONSERVATION EASEMENT
[see attached]
AGREEMENT FOR
CONSERVATION EASEMENT
(This instrument is exempt from County and State transfer taxes
pursuant to MCL 207.505(a) and MCL 207.526(a), respectively)
This CONSERVATION EASEMENT is created on _ _ _ _ _ _ _ _ , 2021, by and between the
City of Muskegon (name) married/single individual[s] (circle one), or corporation, partnership, municipality, or
limited liability company (circle one), whose address is 933 Terrace Street, Muskegon, Ml 49440 (Grantor)
and the Michigan Department of Environment, Great Lakes and Energy (EGLE), whose address is P.O. Box
30458, Lansing, Michigan 48909-7958 or Constitution Hall, 3rd Floor South, 525 West Allegan Street, Lansing,
Michigan 48933 (Grantee);
The Grantor is the fee simple title holder of real property located in the City of Muskegon, Muskegon County,
and State of Michigan, legally described in Exhibit A.
The EGLE is the agency charged with administering Part 303, Wetlands Protection, of the Natural Resources
and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and
Permittee (2420 Remembrance Drive LC) has applied for a Permit (EGLE Submission Number HNG-Z345-
M1YCQ), pursuant to Part 303, to authorize activities that will impact regulated wetland. The EGLE evaluated
the permit application and determined that a permit could be authorized for certain activities within regulated
wetlands provided certain conditions are met, and
As a condition of the above-referenced permit, Granter (on behalf of Permittee) has agreed to grant the EGLE
a Conservation Easement that protects the wetland mitigation site and/or the remaining wetlands on the
property and restricts further development to the area legally described in Exhibit B. The Conservation
Easement (the Easement Premises) consists of approximately 2.3117 acres. A survey map depicting the
Easement Premises is attached as Exhibit C. The EGLE shall record this Agreement with the county register
of deeds.
ACCORDINGLY, Grantor hereby conveys unto the Grantee, forever and in perpetuity, this Conservation
Easement as set forth in this Agreement pursuant to Subpart 11 of Part 21, Conservation and Historic
Preservation Easement, of the NREPA, MCL 324.2140 et seq., on the terms and conditions stated below.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
1. The purpose of this Agreement is to protect the functions and values of existing or established wetlands
and its natural resource values on the Easement Premises, consistent with the Permit, and the protection
of the benefits to the public derived from wetlands and integral habitat, by requiring Grantor to maintain the
Easement Premises in its natural and undeveloped condition.
2. Except as authorized under EGLE Permit Number WRP015306, issued on 5/13//2019 or as otherwise
provided in this Agreement, Grantor shall refrain from, and prevent any other person from, altering or
developing the Easement Premises in any way. This includes, but is not limited to:
1
a) Alteration of the surface topography;
b) Creation of paths, trails, or roads;
c) The placement of fill material as defined in Part 303 of the NREPA, MCL 324.30301 et seq., as
amended;
d) Dredging, removal or excavation of any soil or minerals;
e) Drainage of surface or groundwater;
f) Construction or placement of any structure;
g) Plowing, tilling, mowing or cultivating the soils or vegetation;
h) Alteration or removal of vegetation, including the planting of non-native species;
i) Ranching, grazing, farming;
j) Use of chemical herbicides, pesticides, fungicides, fertilizers, spraying with biocides, larvicides or any
other agent or chemical treatments, unless as part of an EGLE-approved Management Plan;
k) Construction of unauthorized utility or petroleum lines;
I) Storage or disposal of ash, garbage, trash, debris, abandoned equipment or accumulation of
machinery, bio-solids or other waste materials, including accumulated vegetative debris, such as grass
clippings, leaves, yard waste or other material collected and deposited from areas outside the
Easement Premises;
m) Use or storage of automobiles, trucks or off-road vehicles including, but not limited to, snowmobiles,
dune buggies, all-terrain vehicles, and motorcycles;
n) Placement of billboards or signs, except as otherwise allowed in the Permit or this Agreement;
o) Use of the wetland for the dumping of untreated storm water or the directing of treated storm water to
the easement premises at a volume that adversely impacts the hydrology of the wetland;
p) Actions or uses detrimental or adverse to water conservation and purity, and fish, wildlife or habitat
preservation.
3. Cutting down, burning, destroying, or otherwise altering or removing trees, tree limbs, shrubs or other
vegetation, whether living or dead, is prohibited within the Easement Premises, except with the written
permission of Grantee, expressly for the removal of trees or limbs to eliminate danger to health and safety,
to reduce a threat of infestation posed by diseased vegetation, invasive non-native plant species that
endanger the health of native species or as otherwise provided in the EGLE-approved Management Plan
for the Easement Premises.
4. Granter is not required to restore the Easement Premises due to alterations resulting from causes beyond
the owner's control, including, but not limited to, unauthorized actions by third parties that were not
reasonably foreseeable; natural causes or natural disasters, such as unintentional fires, floods, storms, or
natural earth movement.
5. Granter, Permittee or its authorized agents or representatives may enter the Easement Premises to
perform activities within the Easement Premises consistent with the Permit or the mitigation requirements.
Granter or Permittee shall provide 5 days notice to the Grantee of undertaking any mitigation activity, even
if the mitigation project has been conceptually approved. Any activities undertaken pursuant to the Permit,
a mitigation project or this Agreement, shall be performed in a manner to minimize the adverse impacts to
existing wetland or mitigation areas.
6. Granter covenants that Grantor has good and sufficient title to the Easement Premises described in
Exhibit 8.
7. Grantor covenants that any other existing interests or encumbrances in the Easement Premises have
been disclosed to the EGLE.
8. Granter covenants that to the best of Grantor's knowledge no hazardous substances or hazardous or toxic
wastes have been generated, treated, stored, used, disposed of or deposited in or on the property.
9. This Agreement does not grant or convey to Grantee or members of the general public any right to
possession or use of the Easement Premises.
2
10. Grantor shall continue to be responsible for the upkeep and maintenance of the Easement Premises to the
extent it may be required by law.
11. Grantee and its authorized employees and agents, as shown in Exhibit D, may enter the Easement
Premises at reasonable times to determine whether the Easement Premises are being maintained in
compliance with the terms of this Agreement, mitigation, or other conditions of the Permit; and for
purposes of taking corrective actions for failure to comply. If Grantee is entering the Easement Premises
for purpose of taking corrective actions, Grantor shall be provided with 14 days notice to provide the
opportunity to cure the failure to comply.
12. This Agreement shall be binding upon the successors and assigns of the parties and shall run with the
land in perpetuity, unless modified or terminated by written agreement of the parties.
13. This Agreement may be modified only in writing through amendment of the Agreement. Any modification
shall be consistent with the purpose and intent of the Agreement.
14. In addition to the right of the parties to enforce this Agreement, it is also enforceable by others against the
owner of the land, in accordance with Part 21, Subpart 11 of the NREPA, MCL 324.2140 et seq, as
amended.
15. Granter shall indicate the existence of this Agreement on all future deeds, mortgages, land contracts,
plats, and any other legal instrument used to convey an interest in the Easement Premises.
16. A delay in enforcement shall not be construed as a waiver of the Grantee's rights to enforce the conditions
of this Agreement.
17. This Agreement shall be liberally construed in favor of maintaining the purpose of the Conservation
Easement.
18. If any portion of this Agreement is determined to be invalid by a court of law, the remaining provisions will
remain in force.
19. This Agreement will be construed in accordance with Michigan law. All legal action related to this
conservation easement must be filed and pursued in Michigan state courts.
20. In addition to the terms of the Permit issued by Grantee, this document sets forth the entire agreement of
the parties. It is intended to supersede all prior discussions or understandings.
21. Within 90 days after this Agreement is executed, Granter shall place and maintain, at Grantor's expense,
signs, fences, or other suitable markings along the Easement Premises to clearly demarcate the boundary
of the Easement Premises, or as otherwise provided in the Permit.
22. The terms 'Granter' and 'Grantee' wherever used in this Agreement, and any pronouns used in place
thereof, shall include, respectively, the above-named Granter and their personal representatives, heirs,
successors, and assigns, and the above-named Grantee and their successors and assigns.
3
LIST OF ATTACHED EXHIBITS
Exhibit A: A legal description of the Grantor's property, inclusive of the Easement Premises.
Exhibit B: A legal description of the Easement Premises.
Exhibit C: A survey map depicting the Easement Premises that also includes identifiable landmarks,
such as nearby roads, to clearly identify the easement site.
Exhibit D: A legal description that provides a path of legal access to the Easement Premises and a map
that indicates this access site that EGLE staff will use for ingress and egress to and from the
Easement Premises or, if the Easement is directly connected to a publicly accessible point,
such as a public road, a statement is required that authorizes EGLE staff ingress and egress
to and from the Easement Premises with a map that clearly indicates the connection of the
public access site to the Easement Premises.
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. In signing
this Agreement, the Signatory covenants that he or she has the authority to convey the Conservation
Easement on behalf of the Grantor.
GRANTOR:
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Type/Print Grantor's Name exactly as signed
Title (if signing on behalf of an organization
Organization Name (if signing on behalf of an organization)
STATE OF MICHIGAN }
} ss
COUNTY OF _ _ __.,
IF SIGNING ON BEHALF OF AN ORGANIZATION, THIS MUST BE COMPLETED:
The foregoing instrument was acknowledged before me this _ _ day of _ _ _ _ _ _ , 2021
by _ _ _ _ _ _ _ _ _ _ _ _ _ , (name[s]) the _ _ _ _ _ _ _ _ _ _ , (title)
of _ _ _~ - - - - , - - - - - - (Organization name) a _ _ _ _ _ _ _ _ _, (state) corporation,
partnership, municipality, or limited liability company (circle one), on behalf of the organization.
(Signature of Notary Public)
(Typed or Printed name of Notary Public)
My commission is in: _ _ _ _ _ _ _ _ _ County, Michigan
Acting in: _ _ _ _ _ _ _ _ _ _ _ _ _ County, Michigan
My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ __
(OR) IF SIGNING AS AN INDIVIDUAL OR MARRIED PERSON, THIS MUST BE COMPLETED:
The foregoing instrument was acknowledged before me this _ _ day of _ _ _ _ _ _ , 20_
by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , (name[s]) _ _ _ _ _ _ _ _ (marital status).
(Signature of Notary Public)
(Typed or Printed name of Notary Public)
My commission is in: _ _ _ _ _ _ _ _ _ County, Michigan
Acting in: _ _ _ _ _ _ _ _ _ _ _ _ _ County, Michigan
My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ __
5
GRANTEE:
STATE OF MICHIGAN
DEPARTMENT OF ENVIRONMENTAL QUALITY
WATER RESOURCES DIVISION
Teresa Seidel, Division Director
STATE OF MICHIGAN}
} ss
COUNTY OF INGHAM}
The foregoing instrument was acknowledged before me this _ _ day of _ _ _ _ _ _, 2021,
by Teresa Seidel, Division Director, Water Resources Division, State of Michigan, on behalf of the Michigan
Department of Environmental Quality.
(Signature of Notary Public}
(Typed or Printed name of Notary Public}
Acting in: Ingham County, Michigan
My Commission is in _ _ _ _ _ _ _ _ _ County, Michigan
My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ __
AFTER RECORDING, RETURN TO:
Form Drafted By:
The Honorable Dana Nessel,
Attorney General Department of Environment, Great Lakes and Energy
Department of Attorney General Water Resources Division
Environment, Natural Resources, and Constitution Hall, 3rd Floor South
Agriculture Division P.O. Box 30458
P.O. Box 30755 Lansing, Michigan 48909-7958
Lansing, Michigan 48909
6
EXHIBIT A
PROPERTY DESCRIPTION
Parcel #61-24-134-300-0005-00 &
#61-24-134400-0002-00
Part of the Northeast one-quarter of the Southwest one-quarter of Section 34, Town 10
North, Range 16 West, City of Muskegon, Muskegon County, Michigan, lying
Northeasterly of the Michigan Shore Railroad right-of-way and that part of the Southeast
one-quarter of the Southwest one-quarter of Section 34, lying Northeasterly of the
Michigan Shore Railroad right-of-way.
EXCEPT COMMENCING at the Northwest corner of the Northeast one-quarter of the
Southwest one-quarter of said section; thence South 89°40'45" East 200 feet along the
East-West one-quarter line; thence South 36°29'57" West to a point on the West one-
eighth line that is South 01 °17'25" West 280 feet from the place of beginning; thence
North 01 °17'25" East 280 feet to the place of beginning.
ALSO EXCEPT COMMENCING at the Northwest corner of the Northeast one-quarter of
the Southwest one-quarter of said section; thence South 01 °17'25" West along the one-
eighth line 800.68 feet for the PLACE OF BEGINNING; thence South 27°50'57" East
367.35 feet to the Northerly Railroad right-of-way; thence North 70°47'10" West along
said right-of-way 188 feet to said one-eighth line; thence North 01 ° 17'25" East along said
one-eighth line 263.0 feet to the place of beginning. EXCEPT that part of the Southwest
one-quarter of Section 34 described as COMMENCING at the West one-quarter corner
of said Section 34; thence North 88°56'26" East 1525.87 feet along the East-West one-
quarte_r line of said Section 34; thence South 35°06'29" West 81.75 feet to the PLACE
OF BEGINNING; thence South 35°06'29" West 76.81 feet; thence North 88°55'52" East
445.50 feet; thence South 01 °04'08" East 350.00 feet; thence North 88°55'52" East
768.08 feet; thence North 00°15'16" West 411.85 feet along the North-South one-quarter
line of said section; thence South 88°56'26" West 1174.10 feet parallel with and 66 feet
South of the East-West one-quarter line of said section to the place of beginning.
ALSO all that part of the Northwest one-quarter of the Southeast one-quarter, Section 34,
Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, which
lies Northerly of Little Black Creek.
EXCEPT that part described as: COMMENCING at the East one-quarter corner of said
section; thence North 89°43'20" West along the East-West one-quarter line of said section
1401.10 feet to the Southeast corner of Lot 37, Port City Industrial Center No. 3; thence
South 00°36'1 O" West along the West line of Black Creek Road 66.67 feet to the South
line of Consumers Power Company property (as described in a deed recorded in Uber
1006, Page 153) for the PLACE OF BEGINNING; thence North 87°13'22" West along
August 11, 2021 p:\180151 \Survey\Descriptions\Parcels 300-0005 & 400-0002.docx
said line 84.22 feet to a point which is 66 feet South of said East-West one-quarter; thence
North 89°43'20" West parallel to said East-West one-quarter line 80.84 feet; thence South
00°36'1 O" West 400.00 feet; thence South 89°43'20" East 165 feet to the West line of said
Black Creek Road; thence North 00°36'10" East along said West line 396.33 feet to the
place of beginning.
ALSO EXCEPT the following: RE-COMMENCING at the Southeast corner of Lot 37, Port
City Industrial Center No. 3; thence South 00°36'1 0" West along the West line of Black
Creek Road 530 feet for the PLACE OF BEGINNING; thence North 89°43'20" West 140
feet; thence South 00°36'1 0" West 300 feet; thence South 89° 43'20" East 140 feet to the
West line of said Black Creek Road; thence North 00°36'1 0" East along said West line
300 feet to the place of beginning.
August 11, 2021 p:\180151\Survey\Descriptions\Parcels 300-0005 & 400-0002.docx
EXHIBIT B
EASEMENT PREMISES DESCRIPTION
Wetland Mitigation
Part of the Southeast one-quarter of the Southwest one-quarter of Section 34, Town 10
North, Range 16 West, City of Muskegon, Muskegon County, Michigan, described as:
BEGINNING on the North-South one-quarter line of said Section 34 at a point being North
00°15'23" West 1873.68 feet from the South one-quarter corner of said Section 34; thence
South 75°13'48" West 10.17 feet; thence South 44°22'43" West 56.60 feet; thence South
59°39'40" West 81.43 feet; thence South 70°10'07" West 23.62 feet; thence North
53°48'57" West 37.19 feet; thence North 87°58'02" West 32.20 feet; thence South
12°57'46" West 17.69 feet; thence South 85°36'26" West 77.01 feet; thence North
78°33'50" West 74.29 feet; thence North 87°39'48" West 41.52 feet; thence North
49°13'02" West 36.25 feet; thence North 04 °12'13" East 45.20 feet; thence North
46°35'48" East 22.40 feet; thence North 86°57'36" East 113.14 feet; thence South
81°39'15" East 139.96 feet; thence North 58°08'17" East 49.14 feet; thence South
52°09'21" East 20.35 feet; thence North 62°30'32" East 163.93 feet; thence South
76°04'19" East 204.80 feet; thence South 82°45'17" East 78.66 feet; thence North
88°12'46" East 94.40 feet; thence South 22°09'14" West 28.11 feet; thence South
88°37'11" East 205.51 feet; thence North 81 °47'29" East 60.73 feet; thence South
11°28'24" East 53.70 feet; thence South 26°41'53" West 60.01 feet; thence South
65°21 '07'' West 72.60 feet; thence South 86°39'09" West 40.46 feet; thence North
20°10'24" West 25.18 feet; thence North 86°13'46" West 79.30 feet; thence North
67°54'31" West 101.46 feet; thence South 77°30'54" West 69.74 feet; thence South
87°03'08" West 34.56 feet; thence North 44°55'37" West 53.29 feet; thence North
64°55'31" West 51.47 feet; thence South 88°15'36" West 54.95 feet; thence North
52°58'18" West 73.72 feet; thence South 75°13'48" West 71.03 feet to the place of
beginning.
Containing 2.3117 acres
August 11, 2021 p:\ 180151\Survey\Descriptions\Parcels Wetland Mitigation.docx
w! EXHIBIT C
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W ! NORTHWEST CORNER, SECTION 34, CENTER 1/4 CORNER, SECTION 34, 0
u
Cl ::!E I TOWN 10 NORTH, RANGE 16 WEST, rEAST-WEST 1/4 LINE, TOWN 10 NORTH, RANGE 16 WEST, R
~ j ___ ,__ :~~~:-~.-----·-·
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g' FIELD SURVEY BY: CHECKED BY: Prepared By:
8 M+s omcE sJG Moore+Bruggink
;;l DRAWN BY: CONTACT INFO: Consulting Engineers
~ GHV [email protected] 2020 Monroe Ave.
0 PAGE 1 OF 2 DATE: PROJECT NO.: Grand Rapids, Ml 49505
~ AUGUST 24 2021 180151.1 (616)363-9801 [email protected]
~ '
EXHIBIT C
0
"O
61-24-13+--4-00-0002-00
CllY OF MUSKEGON
•1 .,
61-2+-134-300-0005-00 2285 BLACK CREEK RD
0 CllY OF MUSKEGON
>=
2355 E KEA TING AVE
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+9.H1
20.35'
S 52°09'21• E
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s 85°36 26 17 69'
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30 -::,;; CllY OF MUSKEGON 25.18' ·
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- 2285 BLACK CREEK RD N 20'10'24' W .
i6 61-24-134-300-0005-00
CilY OF MUSKEGON
2355 E KEA11NG AVE
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j FIELD SURVEY BY: CHECKED BY: Prepared By: . k
6 sau1H v+ CORNER. SEC"IION 3+.
TO°M'l 10 NOR1H, RANGE 16 WEST, .
M+s oFF1cE
l-----_;;;~_;;;...;._4-_ sJG
_______ -j
;;l CllY OF MUSKEGON, MUSKEGON co., M l ~ I DRAWN BY: CONTACT INFO: Consulting Engineers
$ GHV [email protected] 2020 Monroe Ave.
PAGE 2 OF 2 DATE:
•
PROJECTNO..
Grand Rapids, Ml 49505
(616)363-9801 [email protected]
o-L~~:::..::..::_~...:=-----------------------L--~A~UG~U;,;S!,!T..;2:;4::_,.,:2;:;0:;2~1.J.._ _ _ _ _...:,:18;:,;;0:.:,1:::,51:.:,.1;..,L_ _ _ _ _..;.._,;,_ _ _ _ _ _ _ _ _ __
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EXHIBIT D
EAST-WEST 1/4 UNE,_7
- - T - "-..,--'"~-"._ 1399.72' +/
R SEC110N 34
~
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EAST 1/ 4 CORNER. SECTION 34,
i
TOWN 10 NORTH, RANGE 16 WEST,
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1,.1 ttl CITY OF MUSKEGON, MUSKEGON co.. Ml.
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::l WES1ERLY RIGHT-OF'-WAY LINE,-!!05 (.)<(
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BLACK CREEK ROAD ~ ...,
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PLACE OF' I
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N 88°52'47" -.. ) 10.00' I
10.17' . - - - - - - - -
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] N 110 , ,. W ------ - -- - - ~ S 003952" E
28 2.. - s 88°52'47" w
~ 577.90'
0
WETI.ANDS
I MmGA110N
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g EASEMENT DESCRIPTION
6;le Ingress-Egress to Wetland Mitlgatlon
0
An easement for ingress-egress located In part of the Southeast
~
j1
one-quarter of Section 34, Towri 10 North, Range 16 West, Clty of
Muskegon, Muskegon County, Michigan, said Ingress-egress easement being
~
described as: COMMENCING at the East one-quarter comer of said
::: Sectlon 34; thence South 88°52'47" West 1399.72 feet along the
East-West one-quarter line of sold section; thence South 00°39'52" East FIELD SURVEY BY: CHECKED BY: Prepared By: •
830.01 feet along the Westerly right-of-way line of Black Creek Road to M+B SJG Moore+Brugg1nk
the PLACE OF BEGINNING; thence South 00°39' 52" East 10.00 feet; thence DRAWN BY: CONTACT INFO: Consulting Engineers
South 88°52'47' Wes~ 5?7.90 feet; thence North 11°28'24" West 10.17 GHV [email protected] Monroe Ave.
2020
feet; thence North 88 52 47" East 579.81 feet to the place of beginning. DATE: PROJECT NO.: Grand Rapids, Ml 49505
AUGUST 24, 2021 180151.1 (616) 363-9801 [email protected]
MusKrr.()N cooNTY ------------ ---~-M~~-k~-9~~-C~-u-nty-P-~op;rty Viewer Pri~-t ~l
I
Muskegon County
Report generated 8/30/2021 at 4:26:48 PM
This report has been generated from the Muskegon County GIS Property Viewer.
While every effort has been made to provide accurate information,
Muskegon County and Muskegon County GIS shall not be held liable for the
Property Report information presented herein. All data shall be verified by the municipal assessor.
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