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HomeMy WebLinkAboutConsumer Energy Easement pipeline S 1 �G Chris Swope Lansing City Clerk rcH I O March 9, 2018 City Council President Wood and Members of the Lansing City Council 10th Floor City Hall Lansing, MI 48933 Dear President Wood and Council Members: Pursuant to Article 8, Chapter 4, Section 8-403.3 of the Lansing City Charter, on March 8, 2018 the Mayor's Office placed on file in my office an Non-Exclusive Easement Agreement for the Consumers Energy's North Lansing Pipeline Project, Act-4-2017 & Act-5-2017, a public hearing may be held on this matter on or after April 7, 2018. This document is available for review at the office of the City Clerk or at http://www.lansingmi.gov/clerk under the heading of Documents Placed on File. Sincerely, C944 Chris Swope, MMC/CMMC Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 • TDD 517-483-4479. 517-377-0068 FAX www.lansingmi.gov/clerk • clerk@lansingmi.gov r.,," r- U U Cvi5llii ', 'U NON-EXCLUSIVE EASEMENT FOR PIPELINES SAP#23164843 Lansing Pipeline#1027 DAPP 6803 Agreement#MIOOO00021750 CITY OF LANSING BY ITS BOARD OF WATER AND LIGHT, a Michigan Municipal Utility, PO Box13007, Lansing, MI 48901-3007 (hereinafter"Owner") for one dollar and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(g) and(h)and from State real estate transfer tax pursuant to MCLA 207.526(g)and(h)(i)] grants and warrants to CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter "Consumers") a permanent non-exclusive easement to enter certain real property owned by Owner located in the City of Lansing, County of Ingham, and State of Michigan as more particularly described in the attached Exhibit A (hereinafter "Owner's Land") to construct, operate, maintain (specifically excluding cathodic protection systems, except where approved in advance by Owner), inspect(including aerial patrol), repair, survey, replace, reconstruct, improve, remove, relocate, change the size of, enlarge only within the Easement Area as herein defined and protect in place a pipeline or pipelines in, on, under, over, across, and through a portion of Owner's Land (hereinafter "Easement Area") as more fully described in the attached Exhibit B, together with any required associated valves, fittings, location markers and signs, communication systems, utility lines, protective apparatus and all other equipment, appurtenances, and facilities, below grade or as reasonably necessary above grade, ("Facilities") and reasonably necessary except cathodic protection controls (whether below or aboveground) will be permitted only where approved in advance by Owner but in no event are such cathodic protection controls permitted within 50 feet of wells, useful or incidental for the operation or protection thereof, for the purpose of transmitting and distributing natural gas and for no other purpose. Consumers may not conduct any other activity, even as may be convenient in connection therewith as determined by Consumers for the purpose of transmitting and distributing natural gas, without the prior written consent of Owner. Owner reserves the right to use and allow others to use the Easement Area, provided such use does not interfere with Consumer's use of the Easement Area as provided herein. Additional Work Space: In addition to the Easement rights granted herein, Owner further grants to Consumers, during initial construction and installation only, which shall in no event be more than 10 (ten) months, the right to temporarily use such additional work space reasonably required to construct said Facilities, excluding restoration. Restoration will be completed as soon as practical after construction. Said temporary work space shall abut the Easement Area, on either side, as required by construction as shown on Exhibit C. Acceptance of the Property: Consumers has examined the Easement Area prior to the execution of this agreement and accepts same in the condition as it exists at the execution of this agreement and waives any and all claims Consumers may at any time have against Owner related to the condition of the Easement Area, except where provided in the Section titled Environment below or required by law. Owners shall have no obligation to make any repairs to the Easement Area. Access: Consumers shall have the right to access said Facilities, and the right of ingress and egress on, over, and through Owner's Land for any and all purposes necessary to the exercise by Consumers of the rights granted hereunder. Consumers shall provide advance notice to Owner of any significant work on the Easement Area, except in the event of an emergency, when advance notice shall not be required. Form REFORNEAS3GA/MJU2015 Page 1 of 10 Trees and Other Vegetation: Owner and Consumers shall not plant any trees within the Easement Area. Consumers shall have the right to trim, cut down, and otherwise remove and control any trees, brush, roots, and other vegetation within the Easement Area that interferes or threatens to interfere with Consumers' use of the Easement or the Facilities upon advance notice via regular mail to Owner whenever reasonably practical except in the event of an emergency or service restoration. Buildings/Structures: Absent anything to the contrary herein, Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any permanent obstruction, building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or any other type of structure over, under, or on said Easement Area that would impair Consumers' rights under this agreement or any temporary obstruction that would impair Consumers' rights under this agreement. Unobstructed Use: Consumers' use of the Easement Area shall at all times be subject to Owner's use provided such use does not unreasonably interfere with Consumer's permitted use as provided herein. Without limiting the foregoing, Consumers' use of the Easement Area shall be at all times subject to the right of Owner to construct, operate, maintain, repair, enlarge, change, relocate, substitute for, remove, and replace electric lines, gas pipelines,towers, poles, or other structures for the transmission and distribution of water, electricity, gas, and other utilities, in, on, under, over, or across the Easement Area, and to cut, trim, remove, destroy, or otherwise control any trees, brush, and other vegetation now or hereinafter standing or growing on the Easement Area as Owner, in Owner's sole judgment, deems necessary or advisable for the protection of Owner's water, electric, gas, or other facilities. Consumers assumes the risk of damage to the Facilities, Consumers' property, or Consumers' improvements on the Easement Area resulting from Owner's use of the Easement Area, except in the event of Owner's negligent or willful misconduct, on Owner's Land, and waives all claims against Owner for any such damage. Owner shall accept no responsibility or liability in connection with the safety of the work performed by Consumers under this Easement. Performance of Work: Construction, operation, maintenance, alterations, improvements, additions, repair, inspection, and removal of the Facilities shall comply with all of the following conditions, limitations,and requirements: (a) At Owner's expense, Owner may have an inspector present at all times during the initial construction of said Facilities. It is expressly agreed that the making of such inspections or the failure to inspect shall not impose any liability on Owner for the adequacy of safety of the work of Consumers and shall not relieve Consumers from any responsibility, obligation, or liability assumed by Consumers under this agreement or otherwise. Consumers shall give Owner seven (7) days' notice prior to construction of said Facilities. (b)The Facilities shall not be located within (i)fifty(50)feet of any well head, (ii)ten (10)feet horizontally and eighteen (18) inches vertically of any other water facilities,and (iii)ten (10)feet from electric distribution or transmission lines, poles, or structures located in,on, under, over, or across the Easement Area, unless otherwise approved by Owner in writing. Any trench work in the vicinity of a tower or pole, will be done such that the slope of the angle formed by the floor of the trench to the base of the structure at grade shall have a slope of less than 1 foot of rise per 1 foot of distance (a slope of less than 45 degrees). Said 1 foot of rise per 1 foot of distance requirement will apply for the distance between the trench and the pole;the bottom of the trench must be an equal distance from any pole and no deeper than the butt of the pole and in the event a deeper trench is required,the pole must be supported. (c) Consumers, by exercising the rights herein granted, agrees that during all excavation the topsoil shall be placed on one side of the trench and the subsoil on the other side. Any of Owner's pipelines or water facilities that are exposed during excavation or construction shall have 100% sand backfill to at least within one (1) foot of grade, rather than subsoil. After the trench is dug and the Facilities are placed,the site shall be restored by putting the subsoil back first and then the topsoil, except in the event sand backfill is required as provided herein. Restoration shall be completed so that the ground elevation and grade, preconstruction and post-construction, remain the same, and Consumers shall grade and reseed all disturbed areas with warm summer grasses upon the completion of construction or near thereafter as practical. (d) Prior to commencing any excavation or digging on the Easement Area, Consumers shall contact the Utility Communications System (Miss Dig), prior to performing any excavation or similar activity in accordance with Michigan Compiled Law 460.721 et seq., as amended by Public Act 174 of 2013 and any future amendments. Heavy Equipment Use on Property:The design of the Facilities shall incorporate the expectation that Owner, including its agents and/or contractors, will be using heavy equipment on the Easement Area and/or Owner's Land, and therefore, the Facilities shall be capable of withstanding such loading. Regardless of the forgoing, in no event shall Owner, including its agents and/or contractors, exceed 24,000 pounds per axle when crossing the Easement Area with heavy equipment. Equipment shall be operated at no more than 5 miles per hour when crossing the Easement Area to minimize impact loading. In the event Owner, including its agents and/or contractors, exceeds 24,000 pounds per axel, Owner, or its agents and/or contractors,shall submit weight to Consumers for further evaluation and Owner, or its agents and/or contractors, may be required to install protective bridging. Consumers will provide drawings showing accepted bridging practices. Form REFORM/EAS3GA/MJU2015 Page 2 of 10 Ground Elevation and Grade: Should Owner desire to change the grade within the Easement Area by more than six (6) inches, Owner shall notify Consumers to determine appropriate measures to protect the Facilities. Consumers shall not change the ground elevation or grade of the Easement Area or Owner's Land. Alterations: Consumers shall not make any significant alterations, improvements, or additions in, on, under, over, or across the Easement Area or its Facilities located on the Easement Area except as provided herein or without first supplying Owner with such plans and details for any proposed alteration, improvement, or addition as may be reasonably required by Owner. Nor shall Consumers make any surface alterations, improvements, or additions, in, on, over, or across the Easement Area or its Facilities after the initial construction that may significantly interfere with Owner's right to and use of the Easement Area without Owner's advance written consent,which shall not be unreasonably withheld. Removal of Facilities and Alterations: Upon the expiration or any termination of this easement, Consumers shall, at Consumers' sole cost and expense, promptly remove all aboveground Facilities and all alterations, improvements, or additions in, on, under, over, across, or to the Easement Area, made by Consumers or on Consumers' behalf, including but not limited to those contemplated herein, whether performed with or without Owner's consent as provided herein. Further, Consumers shall yield and deliver the Easement Area unless otherwise approved of Owner, in a like condition as when taken subject to normal wear and tear, provided however, Owner may designate by written notice to Consumers those alterations, improvements, or additions which Consumers shall not remove but shall remain and be stabilized in a condition that conforms with industry standards;said designated alterations, additions, or improvements that are not to be removed shall then attach to the real estate and become property of Owner and shall be transferred from Consumers to Owner by a bill of sale. If Consumers fails to do so, Owner may, at its option, have such work performed, in which event Consumers shall reimburse Owner for the cost thereof, including attorney fees,due and payable within sixty(60)days'of notice. Property Restoration: Upon completion of any work performed or caused to be performed by Consumers permitted herein, Consumers shall be responsible to clean up and return Owner's Land, including the Easement Area, to a similar condition that existed prior to said work including to and not limited to ground elevation and grade. If Consumers fails to do so,Owner may,at its option, have such cleanup work performed, in which event Consumers shall reimburse Owner for the cost thereof, due and payable within sixty (60) days of notice. Consumers shall reimburse Owner for all damage to Easement Area, Owner's Land, or other property whether real or personal related to any work performed by Consumers, or caused to be performed on Consumers' behalf, or related in any way to this agreement. Consumers shall immediately report the occurrence of any such personal property damage to Owner. Sgoil: Notwithstanding any requirement to backfill herein, spoil generated in connection with the exercise of Consumers' use of the Easement Area or the exercise of the rights granted in this agreement shall remain on Owner's Land and shall not be transported off Owner's Land without Owner's prior written consent. No spoils shall be stockpiled within fifty(50)feet of any well head or directly under any electric transmission or distribution lines, now or in the future located in, on, under, over, or across the Easement Area unless otherwise approved by Owner. Consumers shall, as soon as reasonably practical, notify Owner of the presence of contaminated spoil upon becoming aware of it at the Easement Area or Owner's Land and transport any such spoil from the Easement Area and/or Owner's Land, in accordance with all applicable laws, rules,and regulations. Protection of Owner's Facilities: Consumers must maintain the Facilities, Easement Area, and appurtenances in safe and good repair at all times and take reasonable precautions to prevent damage to Owner's Land. Consumers hereby agrees to protect any wells, poles, and/or other structures and facilities now or hereafter located in, on, over, under, or across the Easement Area or Owner's Land by the erection and maintenance of suitable means of protection as may reasonably be deemed to be required by the engineers of Owner, and Consumers agrees that the erection and maintenance thereof shall be at its sole cost and expense. Consumers shall ensure that its use of the Easement Area does not interfere with the operations or maintenance of,or in any way affect the continuity of service provided by Owner's utility facilities now or hereafter located in, on, under, over, or across the Easement Area or in the vicinity of the Easement Area unless otherwise approved in writing in advance by Owner. Relocation of Facilities: If Owner finds it necessary to change or relocate its facilities located in, on, under, over, or across the Easement Area, Owner's Land, or adjoining property in order to accommodate Consumers' use of the Easement Area as herein provided,Owner shall be responsible for the actual costs and expenses for such relocation. Drawings As-Built Survey and Markers: Upon completion of the construction of said Facilities, Consumers shall provide Owner with as-built drawings of the Facilities, indicating the surveyed location and depth of the Facilities within the Easement Area. Consumers shall mark the location of all underground Facilities with permanent markers. Said markers shall be maintained by Consumers,at Consumers'sole expense,at all times. Compliance with Laws: Consumers, its agents, invitees, visitors, employees, contractors, and subcontractors shall comply with all laws, ordinances, and regulations of all federal, state, or local governmental authorities that are now or hereafter in any manner affecting the Easement Area and the use and occupancy thereof; provided however, that nothing herein shall be construed as a waiver by Consumers of any of its existing or future rights under state or Federal law. Consumers shall be Form REFORM/EAS3GA/MJU2015 Page 3 of 10 responsible for obtaining and following any and all environmental or other permits that may be necessary to support the Facilities' construction, operation, or maintenance activities upon the Easement Area and shall provide to Owner copies of all such permits associated with initial construction or as reasonably requested by Owner. Environmental: Consumers acknowledges that remediation of the Owner's Land is in process and shall not interfere with any remediation efforts, whether by Owner or a third party. Without limiting any other provision of this agreement, Consumers shall comply in all material respects with all applicable constitutional provisions, laws, ordinances, orders, requirements, rules, and regulations made by any governmental entity, body, or authority relating to its property and operations under this Lease. If Consumers' use of the Easement Area results in the presence on, in, or under the Easement Area (which includes but is not limited to the groundwater underlying the Easement Area) of contaminants, hazardous waste, hazardous substances or constituents, or toxic substances, as currently or hereafter defined in the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA), 42 USCA 9601 et seq;the Resource Conservation and Recovery Act(RCRA), 42 USCA 6901 et seq; the Toxic Substances Control Act (TSCA), 15 USCA 2601 et seq; the Michigan Natural Resources and Environmental Protection Act, MCL 324.101 et seq; or any other similar existing or future statutes, Consumers will to the extent caused by Consumers, its employees, agents, contractors, and subcontractors or anyone authorized by or on behalf of Consumers at no cost to Owner, immediately notify Owner and promptly take: 1) all actions that are required by any federal, . state, or local governmental agency or political subdivision, and 2) all actions that are necessary to restore the Easement Area to the condition existing prior to the release or introduction of such contaminants, hazardous waste, hazardous substances or constituents, or toxic substances, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. The actions required by Consumers pursuant to this paragraph include, but are not limited to: a) the investigation of the environmental condition of the Easement Area; b) the preparation of any feasibility studies, reports, or remedial plans required by law or governmental policy,and c)the performance of cleanup, remediation,containment,operation, maintenance, monitoring, or restoration work, whether on or off the Easement Area. Consumers will proceed continuously and diligently with such investigatory and remedial actions. The parties will provide to each other free of cost to the other copies of all test results and reports generated in connection with the above activities and copies of all reports submitted to any governmental entity. No cleanup, remediation, restoration, or other work required to be performed pursuant to this paragraph will require or result in the imposition of any limitation or restriction on the use of the Easement Area without prior notification and approval, which shall not be unreasonably withheld, to the other. The provisions of this paragraph will survive the term or any termination of this agreement. Exercise of Easement: If Consumers shall discontinue use of the Easement Area for any period of two (2) or more years, this agreement shall be terminated and Consumers, at its sole cost and expense, shall perform work necessary to stabilize the abandoned Facilities, including, but not limited to purging the pipes with nitrogen or as is standard in the industry and subsequently restore the surface of such Easement Area, subject to normal wear and tear. Except as otherwise provided in this section, Consumers' nonuse or limited use of this Easement Area shall not preclude Consumers' later use of this agreement to its full extent. Consumers' Covenants: Consumers covenants that it will enter onto and use the Owner's Land only for the purpose set forth herein (or for other purposes for which Consumers has existing or future rights, if any) and for no other purpose without the express prior consent of Owner and that it will use all reasonable efforts not cause any debris or anything that would create a hazard or undue interference with Owner's ability to access, maintain, repair, enlarge, change, relocate, substitute for, remove, and replace electric lines, towers, poles, or other structures for the transmission and distribution of water, electricity, and other utilities, in, on, under, over, or across Owner's Land to be left on Owner's Land, except as permitted herein, and will remove any such hazard or undue interference within 24 hours' notice from Owner, and if not removed by Consumers within 24 hours or in the event of an emergency, Owner may remove the hazard or undue interference at Consumers' cost and expense. Consumers agrees that,at its own expense, it will do the following: i) repair any damage to Owner's Land caused by its acts or omission,and ii)as soon as practical following the completion of any construction or maintenance activities within the Easement Area, remove all of its and its agents' personal property from the Owner's Land, except as permitted within the Easement Area herein, and clean-up, level, and reseed the Easement Area and any portion of Owner's Land disturbed by Consumers in a good and workmanlike manner to the condition consistent with the surrounding area on Owner's Land. Indemnification: Consumers shall at all times assume all liability for and protect, indemnify and save Owner, its successors and assigns, harmless from and against all actions,judgments, losses, orders, decrees, costs, and expenses brought or recovered against or incurred by Owner by reason of any death, bodily injury, personal injury, and loss or damage to Owner's Land but only to the extent caused by and proportionate to Consumers negligent actions or omissions on Owner's Land. To the fullest extent allowable by law, Owner shall at all times assume all liability for and protect, indemnify and save Consumers, its successors and assigns, harmless from and against all actions,judgments, losses, orders, decrees, costs, and expenses brought or recovered against or incurred by Consumers by reason of any death, bodily injury, personal injury, and loss or damage to Owner's Land but only to the extent caused solely by and proportionate to Owner's negligent actions or omissions in the Easement Area, to the fullest extent provided by law. With respect to 3rd party claims, and only with respect to 3rd party claims, nothing herein shall be construed as a waiver by Owner of available defenses as a matter of law due to its governmental status, such as governmental Form REFORWEAS3GANJU2015 Page 4 of 10 tort liability. Consumers shall not permit any liens on the Owner's Land for any labor or material furnished to Consumers in connection with its use of the Easement Area. Choice of Law: This agreement shall be governed in all respects, by the laws of the State of Michigan, including as to interpretation, enforceability,validity and construction.Venue shall be deemed proper in Ingham County, Michigan. Disclaimer of Warranties: Owner has not and does not make any express, implied, or statutory representations or warranties of any kind to Consumers concerning the Owner's Land or Easement Area;the status of Owner's title with respect to the Owner's Land, the condition or usability of the Easement Area; or the parties' use of the Easement Area being in compliance with any statute, ordinance, or regulation, including, but not limited to those relating to the environment. The provisions of this section shall survive any termination of this agreement. Damage: Owner shall have no liability for any loss or damage caused to Consumers' Facilities that may be occasioned by or through the acts or omissions of others. Property Taxes: To the extent allowed or required by law, Consumers shall be responsible for all taxes or assessments levied upon the value of structures, facilities, and improvements owned, installed, and/or under the control of Consumers on the Easement Area pursuant to this agreement ("Consumers' Improvements"), except as provided herein. Owner and Consumers agree that the easement does not negate that the primary use of Owner's Land is for a public purpose. If any notice of assessment is issued to Owner's Corporate Secretary that purports to assess tax on the value of structures, facilities, and improvements owned, installed and/or under the control of Consumers on the Easement Area, Owner will strive to provide a copy to Consumers before the applicable board of review's first meeting. Owner will grant Consumers standing to challenge any assessment on Consumers' improvements,to the extent possible. Successors: This easement shall bind and benefit Owner's and Consumers' respective heirs, successors, lessees, licensees, and assigns. Consumers' interest under this agreement shall be further subject to any and all existing leases, licenses, easements, and other interests in the Easement Area as are a matter of public record as the date of this agreement, provided in writing by Owner, or as reasonably apparent through a survey or inspection of the Easement Area. Consumers is solely responsible for complying with any and all applicable requirements, including notice, consent, and permit requirements, of such prior leases, licenses, easements, and other interests, and further Consumers shall abide by any and all terms, conditions, and provisions of said requirements, notices, consents, or permits of record or as otherwise provided to Consumers by Owner. Further, Consumers may not assign, convey, or otherwise transfer its rights under this agreement and any such assignment or conveyance is void without the advance written approval of Owner, which shall not be unreasonably withheld. Notice: Any notices required or permitted to be given under the terms of this agreement shall be in writing and mailed by registered or certified U.S. mail, return receipt requested, postage prepaid, and in any case duly and properly addressed to the party indicated below or such other address or recipient as the party to whom such notice is to be given may specify from time to time by notice to the other party in accordance with this paragraph: To Consumers: Consumers Energy Company Business Services-Real Estate One Energy Plaza Jackson, Michigan 49201 To Owner: Lansing Board or Water and Light 1201 S.Washington Avenue Lansing, Michigan 48901 Each such notice shall be deemed to have been given and effective when mailed,as evidenced by the receipt of said mailing. Authority: Owners and Consumers each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority to enter into this agreement and bind itself through the party set forth as signatory for the party below. Counterparts:This agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any single counterpart if each party executes at least one counterpart. Entire Agreement:This agreement constitutes the entire agreement and understanding between the parties and supersedes any prior discussions, negotiations,agreements and understandings. This agreement may only be amended or modified except in writing signed by both parties. Form REFORWEAS3GANJU2015 Page 5 of 10 Date: Owner:City of Lansing by its Board of Water and Light By: Its: By: Its: Acknowled ment The foregoing instrument was acknowledged before me in Ingham County, Michigan, on by Its: and by Its: on behalf of City of Lansing by its Board of Water and Light. Notary Public County, Michigan Acting in County My Commission expires: Date: Consumers:Consumers Energy Company, a Michigan corporation By: Its: By: Its: Acknowledgment The foregoing instrument was acknowledged before me in County, Michigan, on by Its and by Its on behalf of Consumers Energy Company,a Michigan corporation. Notary Public County, Michigan Acting in County My Commission expires: Form REFORM/EAS3GA/MJU2015 Page 6 of 10 Prepared by: CL Heckaman Consumers Energy Company One Energy Plaza Jackson, Michigan 49201 Return recorded instrument to: Consumers Energy Company Business Services - Real Estate Attn: Debra Dennis, EPT 473 One Energy Plaza Jackson, MI 49201 Form REFORM/EAS3GA/MJU2015 Page 7 of 10 EXHIBIT A Owner's Land Land situated in the City of Lansing,County of Ingham,State of Michigan,described as: Parcel #33-01-01-05-351-001, being located in Section 5,T4N, R2W Commencing at the South 118 post Southwest 114 Section 5,Thence North 224.58 feet,West 50 feet, North 149.72 feet, West to the centerline Sunset Street, South 192.30 feet,West to the Easterly bank Grand River, Easterly along said bank to the Northerly Right of Way of the Lansing Manufacturers Railroad, Southwesterly along said right of may to the North and South !/4 line, South to point 200 feet North of the Southerly%t line, East 752-7 feet,North 111.30 to the Southerly Right of Way line Lansing Manufacturers Railroad spur, Southeasterly along said spur to the South Section line,West to point 660 feet west of the South '/post, North 50 feet,West 183 feet, South 50 feet,West to Beginning, except Lansing Manufacturers Railroad right of,hay and Excepting Glenrose Street, SEC 5 T4N R2W_ Parcel #33-01-01-08-102-031, being located in Section 8,T4N, R2W Commencing at a point 650 feet South of the Northwest comer of Lot 380 of Assessor's Plat No_ 1*1 on the Northwest 114 of Section 8,Town 4 North, Range 2 West, City of Lansing, Ingham County, Michigan,and running thence East 120 feet:thence South 50 feet,thence West 120 feet and North 50 feet to the place of beginning. Parcel #33-01-01-08-102-101, being located in Section 8,T4N, R2W Commencing at a point'15.55 feet South of the Northwest comer of Lot 42 of Assessors Plat No_ 11 on the Northwest 114 of Section 8,Town 4 North, Range 2 West,City of Lansing, Ingham County, Michigan,and running thence East 124.5 feet;thence South 46 feet;thence West 124.5 feet:thence North 46 feet to the place of beginning_ Parcel #33-21-01-19-230-026, being located in Section 19,T4N, R2W Lots 51,52, 53,54,except 43 feet taken for road,and 55, Bella Mista Homesites,as recorded in Liber 7 of Plats, page'I, Ingham County Records_ Form REFORWEAS3GANJU2015 Page 8 of 10 EXHIBIT B Easement Area That part the South Half of Section 5,Town 04 North, Range 02 West,City of Lansing, Ingham County,described as: Commencing at the South 1/4 corner of said Section 5; thence North 00°50'33"West 993.38'along the North and South 1/4 Line of said Section 5,to the PLACE OF BEGINNING OF THIS DESCRIPTION:thence South 62°52'26"West, 599.81'; thence South 64°05'16"West, 297.03; thence South 50°4316"West, 638.61; thence North 00'18'51" East,38.93;thence North 50°43'16" East, 617.32'; thence North 64°05'16" East,300.23; thence North 62°52'26" East, 614.31'; thence North 62°52'26" East, 406.20'to the approximate centerline of the Grand River; thence South 27°37'00" East,30.00'along said approximate centerline;thence South 62°52'26"West, 421.27'to the Place of Beginning. AND That part of Lot 38 of Assessor's Plat No. 11,as recorded in Liber 10 of Plats, Page 14,at the Ingham County Register of Deeds described as:The West 15.00 feet of the following Parcel Description as recorded in Warranty Deed, Liber 524, Page 57, Ingham County Register of Deeds: Beginning at a point 650 feet South of the Northwest corner of Lot 38 of said Plat;thence East, 120 feet,thence South, 50 feet;thence West, 120 feet;thence North, 50 feet to the place of beginning. AND That part of Lot 42 of Assessor's Plat No. 11,as recorded in Liber 10 of Plats, Page 14,at the Ingham County Register of Deeds described as:The West 15.00 feet of the following Parcel Description as recorded in Warranty Deed, Liber 524, Page 57, Ingham County Register of Deeds: Commencing at a point 15.55 feet South of the Northwest corner of Lot 42 of Assessor's Plat No. 11 in the Northwest 1/4 of Section 8,Town 04 North, Range 02 West, City of Lansing, Ingham County, Michigan,and running thence East, 124.5 feet;thence South, 46 feet;thence West, 124.5 feet;thence North,46 feet to the place of beginning. AND Lot 51,of Bella Vista Homesites Subdivision,as recorded in Liber 7 of Plats, Page 7,at the Ingham County Register of Deeds. Form REFORM/EAS3GA/MJU2015 Page 9 of 10 EXHIBIT C Temporary Workspace Area That part the South Half of Section 5,Town 04 North, Range 02 West, City of Lansing, Ingham County, described as: Commencing at the South 1/4 corner of said Section 5;thence North 00°50'33"West 1026.84'along the North and South 1/4 Line of said Section 5,to the PLACE OF BEGINNING OF THIS DESCRIPTION:thence South 62°52'26"West, 614.31'; thence South 64°05'16"West,300.23';thence South 50°43'16"West, 617.32';thence North 00°18'51" East, 6.36';thence North 89°41'09"West, 51.35'; thence North 00°16'06" East, 16.04';thence North 50°43'16" East, 648.48';thence North 64°05'16" East, 305.56';thence North 62°52'26" East, 1019.55'to the approximate centerline of the Grand River;thence South 27°37'00" East, 50.00'along said approximate centerline;thence South 62°52'26"West,406.20'to the Place of Beginning. AND Lots 52, 53, 54 and 55,of Bella Vista Homesites Subdivision,as recorded in Liber 7 of Plats, Page 7, at the Ingham County Register of Deeds. Form REFORM/EAS3GA/MJU2015 Page 10 of 10 RESOLUTION 2017-07-01 EASEMENT GRANT TO CONSUMER'S ENERGY COMPANY RESOLVED,that the Board of Commissioners hereby recommends that Lansing City Council grant an easement to Consumers Energy Company which will be located on property occupied and maintained by the Board of Water and Light. FURTHER RESOLVED, the General Manager of the Board of Water and Light is authorized to execute all documents to effectuate this easement grant once approved by the Lansing City Council. -------------------- Staff Comments; Consumers Energy Company ("Consumers") desires and requested an easement across property currently owned by the City of Lansing by and for the Board of Water and Light ("BWL") for a gas pipeline. Upon Consumers' request, the BWL performed an operational feasibility assessment and negotiated the terms, which includes monetary consideration in the amount of$107,500, that were mutually agreeable. -------------------- Motion by Commissioner Thomas, Seconded by Commissioner Graham, to approve the Easement Grant Resolution requesting Lansing City Council to approve the grant easement to Consumers Energy Company. Action: Motion Carried