View the PDF version Google Docs PDF Viewer
2026-1305)
7 CITY OF
mu <7 @ MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 24, 2026 Title: DIE Energy Easement - Laketon and Wood
Submitted by: Todd Myers, Deputy Director of Department: Public Works
Public Works
Brief Summary:
Staff is requesting approval to sign the attached proposed easement with DTE Energy to provide
them access to their proposed facilities to be located within the City of Muskegon parcel No. 61-24-
205-308-00 10-10.
Detailed Summary & Background:
DTE Energy is proposing Upgrades to their facilities and has requested an easement from the City
near the corner of Wood and Laketon. The easement will provide them access to build ana
maintain a pressure regulating and monitoring station. The location sits within the properly occupied
by the Laketon Trail, but the facilities will not impact the trail. The equipment will be fenced and out
of view of trail users and the public. This has the benefit to the City of moving the existing station out
of the adjacent pavement in Laketon, where it currently sifs underground, making future road and
City utility work in the area easier. The proposed easement document has been reviewed and
approved by cily counsel.
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Is this a repeat item?:
Explain what change has been made fe 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:
| authorize staff to sign the presented easement document as reviewed and approved by counsel
conveying an easement to DTE Energy for their new proposed gas facilities to be located on the NW
corner of Laketon Ave and Wood St.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Gas Facilities Easement
For good and valuable consideration, which is less than $100.00, exempt under MCL 207.526(a) and
MCL 207.505(a) receipt of which is hereby acknowledged,
City of Muskegon, a Michigan municipal corporation
933 Terrace St.
Muskegon, MI 49443
(hereinafter called GRANTOR) for themselves, their heirs, executors, administrators, successors, and
assigns hereby grant to DTE GAS COMPANY, a Michigan corporation, One Energy Plaza, Detroit,
Michigan 48226 (hereinafter called GRANTEE) an easement with the right to install, operate, maintain,
alter, replace, move and remove pipeline(s), gate valves, main line valves, blow-offs, meters, pipeline
fittings, regulators and appurtenances, with housing therefore, conduct archeological and environmental
testing and assessments, in connection with the construction, operation and maintenance of Grantee’s
pipeline or pipelines upon a parcel. of land situated in the City of Muskegon, Muskegon County,
Michigan, described as follows:
REAL ESTATE DESCRIPTION: Sec attached Exhibit
A
Parcel # 61-24-205-308-0010-10
EASEMENT DESCRIPTION: See attached ExhibitA
Together with the right of ingress and egress at convenient points for such purposes, and with all rights
necessary for the convenient enjoyment of the privileges herein granted, In addition, Grantee shall have the right
to erect, maintain and remove a fence around that portion designated as the Gate Valve located on said parcel
and as shown on attached Exiibit
A.
THE PARTIES FURTHER AGREE THAT:
Structures and Trees: No buildings or other structures shall be erected or placed, and no trees shall be planted,
on or in the above-described easement without the written consent of the Grantee. Additionally, Grantee may
trim, cut down, remove or otherwise control any trees, bushes, branches and roots growing or that could grow in
the above-described easement, and remove any structures, improvements, fences, buildings or landscaping in the
above-described easement that Grantee believes could interfere with the safe and reliable construction, operation,
maintenance and repair of Grantee’s Facilities. Grantee shall not be responsible for any damage to, or removal
of, landscaping, trees, plant life, structures, improvements and/or fences located in the above-described easement.
Exercise of Easement: Grantee’s nonuse or limited use of this easement shall not preclude Grantce’s later use of
this easement to its full extent.
Indemnity: Grantee shall indemnify, defend, and hold Grantor harmless from and against all claims and
liabilities for injury to persons or property, including without limitation, reasonable attorney’s fees
expended in defending against any such claims, to the extent caused by Grantee’s willful or negligent
acts or omissions in exercising the rights granted in this Grant.
Assignment/Successors: Grantee’s rights herein granted may be assigned in whole or in part. This easement runs
with the land, and all rights, privileges and obligations created by this instrument shall inure to the benefit of, and
be binding upon, the heirs, devisees, administrators, executors, successors, and assigns of the parties hereto.
Ownership: Grantor covenants that they are the lawful fee simple owner of the above-described property 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.
Term: In the event the Facilities on this site are no longer in use for any of the purposes set forth herein for a
period of three hundred sixty-five (365) consecutive days, the rights of the Grantee under this Agreement shall
terminate.
It is understood that the person securing this easement is without authority from Grantee to make any
agreement in respect of the subject matter hereof not herein expressed.
rae
Executed this a day of ARRiZ_ , 2026.
City of Muskegon, a Michigan municipal corporation
By: Te) ib
Name: (dale) MAYER
Title: DGPo7y_pittette f by Wixks
ACKNOWLEDGMENT
State of Michigan
County of Myeyecqon
ra
The foregoing instrument was acknowledged before me_ this AS day of Aeae 2026,
by Yoon Muees _ , the Deputy Die op DPW, of City of Muskegon, a Michigan municipal
corporation.
Notary
' M
Public Muse gow O County, MI. seta,
a WELINE Ly
Acting in MuStegon County, MI. SV, G02?? ath am
My Commission Expires: —§ 4{-1
’ ' . “ 0.
8- 2029 SS Noy Pubic Couyoke
> 2 of Muskegon °°, S
~* 2 My Commission Expires 8 =
c2h ih 83,2024 0g *D
“Ge. Acting in the County
of 2S
ee, Muskegon ee
“2 ‘;GOyee
NesOLIN
NSee
/
!
COUNTY,
Prepared by and return to: Nate Krommendyk
DTE Gas Company
PO Box 248
Bellaire, MI 49615
Page 110 of 161
EXHIBIT A
66’
See
50’ ' ROW : mn
= | I
LOT 9 BLOCK 308 SE CORNER
I REVISED PLAT LOT10 Lor 10 "
” OF 1903 PROPOSED 15’ X 32" ras
| | GATE VALVE i OQ
—I1} = I: O
ce (CUES SAF YASS SPL SLSS SL SY PO OD Ee =
a “PARCEL.0,6124-905 3082 ——
Jf Sf ait. OF.MUSKE(‘GON’
a8 GAS
4 AS
5
‘a
~
EAST LAKETON AVE 3
“Er
8
, Py lene Lor 11 LOT 12 LoT 13 LoT 14
VAN-DAU'S SUBDIVISION {OF NORTH
144 FEE] OF LOT 1 OF BLOCK 1 OF
LEGEND
PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED DTE EASEMENT
EDGE OF PAVEMENT
EXISTING GAS FACILITY
PROPOSED GAS FACILITY
GAS VALVE
GAS MANHOLE
EXISTING FENCE
PROPOSED FENCE
PARENT PARCEL IS DRAWN PER RECORD DESCRIPTION. THIS EXHIBIT IS NOT A CERTIFIED SURVEY.
BEARINGS ARE REFERENCED TO QUIT CLAIM DEED LIBER 1195, PAGE 347.
DRAWING TITLE
DTE
FIELD: ZAM
DRAWN: MLN
Gas Facilities Easement
CHECKED: RJP Laketon Avenue
DTE Gas Company
DATE: 09/08/2025 Land & Survey Department SECTION: 32 CITY: Muskegon
REVISION: TOWN: T10N TOWNSHIP:
RANGE: R16W
fishbeck
REVISION DATE: COUNTY: Muskegon
SHEET: 1 OF 3 DRAWING FILE NAME: 25-052 Easement.dwg
SCALE: 1" = 60' Enginvors | Architects | Scleatists | Constructors DTE PROJECT NUMBER: S25-123
VENDOR JOB NO.: 2500218.14
Z:\2025\ 2500218 \cad\ survey\2500218.14 — lokoton & terrace topo — muskegon county\25-052 easement.dvg 9/8/2025 8:21 AM Page 111 of 161
EXHIBIT A
Sg) BLOCK 308
syi| REVISED PLAT
ui) OF 1903
_ EAST LAKETON
LOT 12 LOT 135
DAU'S SUBDIVISION JOF NORTH
PREEY OF LOT 1 OF BLOCK 1 OF
PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED DTE EASEMENT
EDGE OF PAVEMENT
cas EXISTING GAS FACILITY
cis ___ PROPOSED GAS FACILITY
i GAS VALVE
0 30’ 60’ ) GAS MANHOLE
[a
ad
EXISTING FENCE
PROPOSED FENCE
PARENT PARCEL IS DRAWN PER RECORD DESCRIPTION. THIS EXHIBIT IS NOT A CERTIFIED SURVEY.
BEARINGS ARE REFERENCED TO QUIT CLAIM DEED LIBER 1195, PAGE 347.
DRAWING TITLE
DTE
FIELD: ZAM
DRAWN: MLN
Gas Facilities Easement
CHECKED: RJP Laketon Avenue
DTE Gas Company
DATE: 09/08/2025 SECTION: 32 | CITY: Muskegon
Land & Survey Department
REVISION: TOWN: T10N | TOWNSHIP:
fishbeck
REVISION DATE: RANGE: R16W | COUNTY: Muskegon
SHEET: 2 OF 3 DRAWING FILE NAME: 25-052 Easement.dwg
SCALE: 1"=60' DTE PROJECT NUMBER: S25-123
Engincers | Architects | Schantists | Constructors
VENDOR JOB NO.: 2500218.14
z:\2025\2500218\cad\survey\2500218.14 — loketon & terrace topo — muskegon county\25-052 easement.ciq 9/8/2025 8:22 MM Page 112 of 161
EXHIBIT A
PARCEL DESCRIPTION (PER QUIT CLAIM DEED, LIBER 1195, PAGE 347):
PARCEL "K”
COM @ SE COR LOT 10, BLK 308; THENCE SLY ALG WLY LINE WOOD ST 15 FT FOR POB; THENCE CONT ALG SD LINE 50 FT TO
N LINE OF LAKETON AVE ROW; THENCE WLY ALG SD ROW 265 FT TO ELY LINE OF SMITH ST; THENCE NLY ALG SD LINE 50 FT;
THENCE ELY PAR WITH LAKETON AVE 265 FT TO POB
PROPOSED GAS FACILITIES EASEMENT:
A PERMANENT EASEMENT FOR GAS FACILITIES OVER PART OF BLOCK 308, CITY OF MUSKEGON REVISED PLAT OF 1903, MORE
PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, BLOCK 308; THENCE SOUTHERLY ALONG
THE WESTERLY LINE OF WOOD STREET 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE,
SOUTH 50 FEET TO THE NORTH LINE OF LAKETON AVENUE RIGHT-OF-WAY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE,
265 FEET TO THE EASTERLY LINE OF SMITH STREET; THENCE NORTHERLY ALONG SAID LINE, 50 FEET; THENCE EASTERLY
PARALLEL WITH LAKETON AVENUE 265 FEET TO THE POINT OF BEGINNING.
SAID PERMANENT EASEMENT CONTAINS 13,250 SQUARE FEET. MORE OR LESS..
PARENT PARCEL IS DRAWN PER RECORD DESCRIPTION. THIS EXHIBIT IS NOT A CERTIFIED SURVEY.
BEARINGS ARE REFERENCED TO QUIT CLAIM DEED LIBER 1195, PAGE 347.
FIELD: ZAM DRAWING TITLE
See Gas Facilities Easement
CHECKED: RJP Laketon Avenue
DTE Gas Company
DATE: 09/08/2025 Land & Survey Department SECTION: 32 | CITY: Muskegon
REVISION: TOWN: T10N_ | TOWNSHIP:
REVISION DATE: RANGE: R16W | COUNTY: Muskegon
SHEET: 3 OF 3 |S en DRAWING FILE NAME: 25-052 Easement.dwg
SCALE: 1"=60' Sghnerni Aciltbnena | Sehentaans
gC DTE PROJECT NUMBER; $25-123
VENDOR JOB NO.: 2500218.14
2; \2025\2500218\cad\survey\2500218.14 — loketon & terrace topo — muskegon county\25-052 easement.dwg 9/8/2025 8:23 AM Page 113 of 161
Sign up for City of Muskegon Emails