Approved Agreements and Contracts 2026/05/26 Termination of Easement - 20 W. Muskegon Avenue

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                                 ENV           MUSKEGON

                           Agenda Item Review Form
                           Muskegon City Commission

Commission Meeting Date: May 26, 2026                Title: Termination of Easement - 20 W. Muskegon
                                                     Avenue


Submitted by: Jake Eckholm, Development              Department: Economic Development
Services Director


Brief Summary:
Muskegon Pediatrics is buying the building at 20 W. Muskegon from Fresh Coast Alliance in the Pine
Street corridor for their new offices. There is an unnecessary facade easement on the building that
must be terminated prior to sale.

Detailed Summary & Background:
Muskegon Pediatrics has an accepted offer on the building at 20 W. Muskegon after they
determined it was a preferable location for their offices than their previous planned site at the
Century Club. During title work on the transaction, it was discovered there is an old easement related
to the exterior facade of the building. If appears to date back decades and may actually be related
to a companion building that has since been removed from the parcel. In order for the building sale
to proceed, the easement must be terminated. Staff recommends approval of the termination
prepared by the city attorney.

Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business

Is this a repeat item?:
Explain what change has been made fo justify bringing it back to Commission:


Amount Requested:                                     Budgeted Item:
NA                                                    Yes            No           N/A | X

Fund(s) or Accouni(s):                                Budget Amendment Needed:
                                                      Yes            No           N/A      X


Recommended Motion:
Motion to approve the termination of easement for 20 W. Muskegon Avenue, and to authorize the
mayor and clerk to sign.


Approvals:                                            Name the Policy/Ordinance Followed:
 Immediate Division         X
 Head
                                          Termination of Easement


        This Termination of Easement is being entered into on May 26, 2026, by the City of Muskegon,
of 933 Terrace St, Muskegon, MI 49440 (the “City”), and Fresh Coast Alliance, a Michigan non-profit
corporation, of 1190 E. Apple Ave., Muskegon, MI 49442 (“Fresh Coast”), with reference to the
following facts:


                                                 Background


       A.     Fresh Coast own real property commonly known as 20 W. Muskegon Avenue,
Muskegon, Michigan 49440, which is legally described on Exhibit A (the “Property”).

        B.      The City granted a facade easement affecting the Property (the “Easement”) to a prior
owner of the Property for the purpose of preserving the historical appearance and exterior facade of a
building located on the Property, and to ensure that such facade and related exterior improvements were
maintained in good repair and condition, as recorded in Liber 2220, Page 855 in the Muskegon County
Register of Deeds.

        C.         Fresh Coast is in the process of selling the Property and desires to terminate the Easement
prior to closing as the building and related improvements benefitted by the Easement have been removed
from the Property, and the Easement no longer provides any practical benefit or use.

        D.         Accordingly, the parties agree that the Easement is no longer necessary and desire to
enter into this Agreement to terminate the Easement.

         Therefore, for and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, the parties agree as follows:


       1.      Termination of Easement. The parties agree that the Easement is terminated and shall
be of no further force and effect following the execution of this Agreement by the parties to this
Agreement.


         2.        Waiver and Release. The City expressly waives, releases, and relinquishes any and all
rights, title, or interest, whether legal or equitable, previously granted or arising under or in connection
with the Easement.


        3.     Binding Effect. This Termination of Easement shall run with the land and shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

         4,        Recording. This Termination of Easement shall be recorded with the Muskegon County
Register of Deeds.
          This instrument is exempt from county and state real estate transfer tax pursuant to MCL
207.505(a) and MCL 207.526(a), respectively.


          This Termination of Easement shall be effective as of the date first set forth above.


                                                            The City —




                                                            Name: Ann Meisch
                                                                Title:     Clerk



                                                                By:
                                                                Name:/ Ken Johifson
                                                                Title:     Mayor
STATE OF MICHIGAN
COUNTY OF MUSKEGON


          The foregoing instrument was acknowledged before me on , 7 ye                           GF, 2026, by Ann
Meisch, Clerk of the City of Muskegon, and Ken Johnson, Mayor of the City of Muskegon.




                                                                mee S. Uo ee , Notary Public
                                                                State of Michigan, County of Muskegon
                                                                My commission expires:            9-5-2070



                                                                FRESH COAST ALLIANCE —




                                                                By:
                                                                Its:
STATE OF MICHIGAN
COUNTY OF MUSKEGON


                                                                                         Now 4) cl 2026, b
                                                                                         £.   |       n




     _.   The f
            The         ing ir
                  foregoing   instrument   Z
                                           was     knowledged bef
                                                 acknowledged          before   me    on
                                                                                       ,          L       ;   ,   by
 Awa                          SAQINES __ of Fresh Coast Alliance.


                                                                                     S3ch
                                                                                       (Cay Notary Public
                                                                State of Michigan, County of Muskegon
                                                                My commission expires: ©\ [\Cl AOS
Prepared by and when recorded return to:
Brennen J. Gorman
Parmenter Law
P.O. Box 786
Muskegon, MI 49443-0786
                                               Exhibit A


                                               Property


The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan:


Lots 18 through 23, inclusive, Block 187, Revised Plat (of 1903) of the City of Muskegon,
Muskegon County, Michigan, as recorded in Liber 3 of Plats, Page 71


Parcel No.: 24-205-187-0018-00
Commonly known as: 20 W. Muskegon Ave., Muskegon, MI 49440

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