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CITY OF MUSKEGON
CITY COMMISSION MEETING
April 30, 2024 @ 5:00 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ ROLL CALL:
☐ NEW BUSINESS:
A. Public Utility Easement - Adelaide Pointe Manager's Office
B. Appointment to Citizen's District Council City Clerk
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
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considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 30, 2024 Title: Public Utility Easement - Adelaide Pointe
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
The easement is from Adelaide Pointe to the City of Muskegon. It will allow the City to takeover
ownership and operate the water main within the development site.
Detailed Summary & Background:
Generally, utility lines are turned over to the City simultaneously as roads and other public utilities.
However, because aspects of the development are still ongoing, the City needs to take control of
the utility lines ahead of completion of other parts of the project. This easement will give the City the
same access to the water line as if we owned them. Once all other aspects of the project are
complete and all construction liens are lifted, the City will go through the formal and standard
process of taking possession of all roads, water, and sewer utilities in the project that are intended for
public management.
It should also be noted that acceptance of the easement is also conditioned on the execution of an
insurance policy equal to active liens on the property and the completion of all required EGLE testing
and certification. Once these have occurred, the City can take over the lines and allow connections
to occur.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
n/a Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A X
Recommended Motion:
to approve the easement from Adelaide Pointe Building 1, LLC, Adelaide Point Multi-Use, LLC,
Adelaide Pointe Boasters Services, LLC Adelaide Pointe Wet Marina, LLC, and Adelaide Pointe QOZB
LLC all of 1204 W. Western Ave., Suite A with the condition that the insurance policy be taken out in
the City of Muskegon's name equal to the amount of any outstanding liens and that utility lines pass
all state certification testing.
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Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
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PUBLIC UTILITY EASEMENT
This Easement is entered into this _____ day of April 2024 by Adelaide Pointe Building
1, LLC, Adelaide Pointe Multi-Use, LLC, Adelaide Pointe Boaters Services, LLC, Adelaide
Pointe Wet Marina, LLC, and Adelaide Pointe QOZB, LLC all of 1204 W. Western Ave, Suite
A, Muskegon, MI 49441 (“Grantor”) and the City of Muskegon, a municipal corporation
organized under the laws of the State of Michigan, with offices at 933 Terrace Street, Muskegon,
Michigan 49440 (“City”) with reference to the following facts:
Background
Grantor is the owner of real property in the City of Muskegon, Muskegon County,
Michigan legally described on Exhibit A (“Grantor’s Property”). The City desires that Grantor
install public water and sewer lines that will be operated by the City across a portion of Grantor’s
Parcel and Grantor is willing to grant the City an easement for the water and sewer lines in
accordance with the terms of this Agreement.
Therefore, for good and valuable consideration, receipt of which is acknowledged,
the parties agree as follows:
1. Grant of Easement. Grantor grants, warrants, and conveys an easement to
the City for the perpetual right of its contractors and employees to enter at all times upon
and to operate, repair, maintain, replace, relocate, and reconstruct, water and sewer lines
(“Easement”) upon the portion of the Grantor Property legally described on Exhibit A
(“Easement Property”), together with all rights and privileges therein necessary or
convenient for the full enjoyment or use thereof for the sole purposes of ingress and egress
to and from the Easement Property or by way of existing roads, lanes, or trails, located
outside the Easement Property, whether public or private and with the right to use areas of
the Grantor’s Property immediately adjacent to the Easement Property only for
Maintenance as defined below.
2. Maintenance. Any such operation, repair, maintenance, replacement,
relocation, or reconstruction shall be performed by the City so as not to unreasonably
interfere with the use of the Easement Property by Grantor and its tenants and without cost
to Grantor or its tenants. Upon completion of the operation, repair, maintenance,
replacement, relocation, or reconstruction, the City will restore the Easement Property to
the same condition as it was prior to such operation, repair, maintenance, replacement,
relocation, or reconstruction, and without cost to the Grantor, provided that the Grantor
shall repair the damage done to any fixed structures constructed after the original utility
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installation unless said damage is the result of the negligent acts or omissions of the City,
their agents, employees, representatives or contractors, in which case the said restorations
shall be made by the City. The City shall use reasonable care to protect said fixed
structures and landscaping and shall restore to grade and re-seed all lawn areas.
3. CSX Crossing. Grantor acknowledges that a portion of the water and sewer
lines that are the subject of this Agreement cross under real property owned by the City
(“City Property”). The City Property is legally described on Exhibit B and is subject to
certain rights benefitting CSX (“CSX”) as set forth in the Quit Claim Deed dated February
6, 2023 and recorded at Liber 4327, Page 494, Muskegon County Records. Grantor is
responsible for obtaining any and all required consents from CSX related to the water and
sewer lines including, without limitation, the installation, location, method of installation,
and maintenance requirements of the water and sewer lines. Grantor releases the City from
any claim or loss related to water and sewer lines located on the City Property arising from
claims from CSX. Any requirements for relocation or modification to the water and sewer
lines located on the City Property shall be the responsibility of Grantor and Grantor shall
hold harmless and indemnify the City from any and all claims from CSX or its successors
or assigns related in any manner to the water and sewer lines being located on the or under
the City Property.
4. Retained Property Rights. The Grantor retains all other property rights in
the Easement Property, including, but not limited to, the right to utilize the Easement
Property to construct thereon sidewalks, driveways, curbs, gutters, landscaping, plantings
and traffic control signs. The Grantor agrees not to construct any buildings within the
Easement Property.
5. Hold Harmless. The Grantor hereby agrees to save and hold the City
harmless from any and all claims, debts, causes of action or judgments for any damage to
property and/or injury to any person which may arise out of any construction within or use
of the Easement Property by the Grantor, its agents, employees, representatives,
contractors, or assigns.
6. Future Construction. The Grantor and its successors or assigns agree that
if any buildings or other structures are constructed by them, near or adjacent to the
Easement Property, and, because of the construction of such buildings and other
structures, it should become necessary to structurally support, shore, brace or otherwise
provide for the stability of such buildings, surface or subsurface structure so that the City
may perform the work of maintaining, replacing and repairing said utilities and the
pertinent facilities, the Grantor shall assume such expense for support, shoring and
bracing; provided, however, that the City shall consult with the Grantor, its successors or
assigns before performing the work with respect to alternative methods of repair,
improvement, maintenance or replacement. The Grantor and the City shall confer
promptly and shall avoid jeopardizing the health, welfare and safety of the public by
unnecessary delays in consultation.
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7. Additional Easements. The Grantor reserves the right to grant to others,
additional easement rights, within the Easement Property, for the installation and
maintenance of gas, electric power, telephone structures and lines; said right being subject
to approval by the City as to location and size of the proposed easement and utilities. Said
approval by the City shall not be unreasonably withheld. All such additional easements
shall be subject to the prior rights of the City and additional expenses incurred in the
construction, maintenance, repair or replacing of the utilities owned by the City resulting
from these additional easements and the presence of gas, electric or telephone structures
and lines shall be assumed by the owners of the structures or lines causing such extra
expense. Grantor agrees to hold Grantee harmless against any claims by other easement
holders.
This easement is given for $1.00 and other good and valuable considerations.
THIS INSTRUMENT shall be binding upon and inure to the benefit of the parties
hereto and their representatives, assigns or successors.
ADELAIDE POINTE BUILDING 1, LLC
By: Ryan Leestma
Its: Manager
ADELAIDE POINTE BOATERS SERVICES, LLC
By: Ryan Leestma
Its: Manager
ADELAIDE POINTE MULTI-USE, LLC
By: Ryan Leestma
Its: Manager
ADELAIDE POINTE WET MARINA, LLC
By: Ryan Leestma
Its: Manager
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ADELAIDE POINTE QOZB, LLC
By: Ryan Leestma
Its: Manager
STATE OF MICHIGAN )
)ss.
COUNTY OF MUSKEGON)
On this __ day of April 2024 before me, a Notary Public, in and for said County personally
appeared Ryan Leestma to be known to be the same person described in an who executed the
written instrument on behalf of each of the foregoing entities and who have acknowledged the
same to be his/her free act and deed.
, Notary Public
____________________ County, Michigan
Acting in the County of _________Michigan
My commission expires:
Prepared by and after recording
return to:
Kevin B. Even
Smith Haughey Rice & Roegge
900 Third St., Ste 204
Muskegon, MI 49440
231-724-4320
[email protected]
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EXHIBIT A
City of Muskegon, Section 25, Town 10 North, Range 17 West, City of Muskegon, Muskegon
County, Michigan, said easement being described as:
BEGINNING on the North right-of-way line of Western Avenue at a point being
North 87°52'58" West 824.34 feet from the Southeast corner of Lot 4 of said
Block 577; thence North 02°08'44" East 263.07 feet; thence North 34°14'29" East
74.27 feet; thence North 23°44'59" East 71.13 feet; thence North 02°08’44” East
164.98 feet; thence Northerly 75.89 feet on a 358.00 foot radius curve to the left,
the chord of which bears North 03°55'38" West 75.75 feet; thence Northeasterly
53.16 feet on a 30.00 foot radius curve to the right, the chord of which bears
North 40°45'35" East 46.47 feet; thence South 88°28'50" East 70.66 feet; thence
Northeasterly 137.17 feet on a 141.00 foot radius curve to the left, the chord of
which bears North 63°39’00” East 131.82 feet; thence Easterly 43.20 feet on a
165.00 foot radius non-tangential curve to the left, the chord of which bears South
81°06’34” East 43.07 feet; thence South 88°36’35” East 77.91 feet; thence
Southeasterly 164.07 feet on a 105.00 foot radius curve to the right, the chord of
which bears South 43°50'39" East 147.88 feet; thence South 00°55'16" West
231.33 feet; thence South 88°08'38" East 57.67 feet; thence North 01°56'07" East
248.95 feet; thence North 88°06'24" West 8.34 feet; thence North 32°59'53" West
152.26 feet; thence Northwesterly 11.02 feet on a 180.00 foot radius curve to the
left, the chord of which bears North 60°10'49" West 11.02 feet; thence
Northwesterly 23.47 feet on a 44.00 foot radius curve to the right, the chord of
which bears North 46°39'17" West 23.19 feet; thence North 31°22'33" West 32.33
feet; thence South 58°41'48" West 30.10 feet; thence Southwesterly 24.54 feet on
a 43.00 foot radius curve to the right, the chord of which bears South 75°02'37"
West 24.20 feet; thence North 88°36'35" West 28.07 feet; thence Northwesterly
112.92 feet on a 113.00 foot radius curve to the right, the chord of which bears
North 60°00'12" West 108.28 feet; thence North 31°22'33" West 304.82 feet;
thence Northwesterly 25.59 feet on a 100.00 foot radius curve to the left, the
chord of which bears North 38°42'28" West 25.52 feet; thence North 73°07'40"
West 86.39 feet; thence Southwesterly 63.79 feet on a 52.00 foot radius curve to
the left, the chord of which bears South 35°56'19" West 59.86 feet; thence South
58°37'27" West 514.47 feet; thence South 10°46'30" West 86.44 feet; thence
South 31°22'33" East 25.92 feet; thence North 58°37'27" East 598.50 feet; thence
South 31°22'33" East 297.13 feet; thence South 58°37'27" West 79.88 feet; thence
North 88°28'50" West 95.92 feet; thence South 40°42'37" West 73.46 feet to
Point A, so-called; thence Southerly 123.08 feet on a 292.00 foot radius curve to
the right, the chord of which bears South 09°55'48" East 122.17 feet; thence
South 02°08'44" West 161.50 feet; thence Southwesterly 72.07 feet on a 117.00
foot radius curve to the right, the chord of which bears South 19°47'30" West
70.93 feet; thence Southerly 143.52 feet on a 233.00 foot radius curve to the left,
the chord of which bears South 19°47'30" West 141.26 feet; thence South
02°08'44" West 194.05 feet to the North right-of-way line of Western Avenue;
thence Easterly 23.28 feet along said North right-of-way line on a 430.58 foot
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radius curve to the right, the chord of which bears South 89°25'54" East 23.27
feet; thence South 87°52'58" East 41.40 feet along the North right-of-way line of
Western Avenue to the place of beginning.
ALSO an easement described as: BEGINNING at above mentioned Point A, so-
called; thence South 89°12'02" West 32.68 feet; thence South 58°37'27" West
287.81 feet; thence Northwesterly 102.90 feet on a 91.00 foot radius non-
tangential curve to the right, the chord of which bears North 63°46'09" West
97.50 feet; thence North 31°22'33" West 168.67 feet; thence North 58°37'27" East
87.08 feet; thence South 31°22'33" East 185.00 feet; thence North 58°37'27" East
285.00 feet; thence North 31°22'33" West 185.00 feet; thence North 58°37'27"
East 66.00 feet; thence South 31°22'33" East 245.03 feet; thence South 40°42'37"
West 73.46 feet to Point A, so-called and the place of ending.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 30, 2024 Title: Appointment to Citizen's District Council
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To make appointments to Citizen's District Council.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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COMMUNITY DEVELOPMENT BLOCK GRANT-
CITIZEN’S DISTRICT COUNCIL
PURPOSE
Shall act in an advisory capacity to the City Commission on all matters dealing with the Federal Housing and Urban
Development Programs.
MECHANICS
ENABLING LAW: City Code of Ordinances, Section 2-146 through 2-150
Oath not required.
APPOINTED BY: City Commission
MEETING: First Tuesday of each month at 5:30 P.M.
City Hall – 2nd floor Conference Room #204
TERM: 3 Years
COMPOSITION
TYPE DESCRIPTION
A 4 Citizens representing each of the four wards
B 3 Citizen’s At-Large
C 1 Member of the City Commission (Ex-Officio)
CURRENT MEMBERS
(Staff Liaison – Sharonda Carson)
TYPE NAME TERM EXP.
A VACANT (1) 1/31/2027
A DErika Nichols-Lewis (2) 1/31/2027
A Perry Dennie (3) 1/31/2027
A VACANT (4) 1/31/2027
B VACANT (AL) 1/31/2027
B Bre’Onna Sanders 1/31/2025
B Veania Coleman 1/31/2025
C Katrina Kochin City Commission
(* Chairperson) (** Vice Chairperson)
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