a.- ~ ~:fl~wifl*rr. ficer erry Ambrose, Finance Director

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1 EM SUBMISSION NO.: ME YtO.Q0i9 PRESENTED: - I Q _ 37~_ I ADOPTED: BY THE EMERGENCY MANAGER: Resolution Authorizing Easement Agreement with Consumers Energy to provide electrical service to 5315 Bray Rd. The Department of Public Works and Utilities requires electrical service for the operation of the Bray Rd. lime disposal lagoon located at 5315 Bray Rd. Flint MI, 48505; and The Department of Public Works and Utilities is required to provide an easement to Consumers Energy Company for electrical lines to access our property; and IT RESOLVED That appropriate City Officials are authorized to enter into the Easement Agreement with Consumers Energy Company to bring power to the Bray Rd facilities. APPR VED AS TO FORM: APPROVED AS TO FINANCE: a.- ~ ~:fl~wifl*rr. ficer erry Ambrose, Finance Director EM DISPOSITION: ENACT FAIL DATED - I Darnell Earley, Emergency Finan al Manager

2 RESOLUTION STAFF REVIEW Date: August 25, 2014 Agenda Item Title: Resolution Authorizing the Easement Agreement with Consumers Energy allowing them to use our property to provide our facility on Bray Rd with electrical power. Prepared by: Utilities Department Summary of Proposed Action: The Department of Public Works and Utilities Water Plant has upgraded its facility so that it can be placed into full operation using the Flint River as a primary drinking water source and then then convert to KWA delivered lake water when available. A part of the necessary upgrades electrical power is necessary to operate the dewatering and chemical feed systems at Bray Rd Lime disposal Lagoon. Consumers Energy Company requires the attached Easement agreement as electrical service to the site. part of providing Financial Implications: None Pre-encumbered?: Yes No _x_ Requisition: Account No. Other implications (i.e. collective bargaining): Staff Recommendation: Recommend Approval Staff Person / aughert J hnson III Utilities Administrator

3 EASEMENT FOR OVERHEAD ELECTRIC LINES ~1 Notification # Design Doc # Tax Code # Parties: Owner is City of Flint, a Michigan Municipal Corporation Owner s mailing address is 1101 S Saginaw St., Flint, Ml Consumers is CONSUMERS ENERGY COMPANY, a Michigan corporation. One Energy Plaza, Jackson, Michigan Consumers address is Grant of Easement: For good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA (f) and from State real estate transfer tax pursuant to MCLA (f)], Owner grants Consumers a permanent easement to enter Owner s Land to construct, operate, inspect, maintain, replace, improve, remove, and enlarge an overhead electric line on, over, under, and across a portion of Owner s Land, called the Easement Area. Owner s Land is in the City of Flint, County of Genesee, and State of Michigan and is described in attached Exhibit A. The Easement Area is within Owner s Land and is described in attached Exhibit B. Consumers may attach additional overhead and/or underground lines outside the Easement Area running and /or extending laterally from the main electric line to the South and East edge(s) of Owner s Land, in which event the Easement Area shall include a 30-foot-wide strip of land, being 15 feet on each side of each such overhead lateral line constructed on Owner s Land and a 12-foot-wide strip of land, being 6 feet on each side of each such underground lateral line constructed on Owner s Land. Overhead electric lines may consist of poles, anchors, guys, wires, cables (including fiber-optic cable), transformers, and other equipment for transmitting and distributing electrical energy and communications signals. Underground lateral lines may consist of underground cables (including fiber-optic cable), conduits, wires, conductors, subsurface junction vaults, surface-mounted transformers and enclosures, and other equipment for transmitting and distributing electrical energy and communications signals. Trees and Other Vegetation: Consumers shall have the right from time to time hereafter to enter Owner s Land to trim, cut down, and otherwise remove and control any trees, brush, roots, and other vegetation, whether inside or outside the Easement Area, that Consumers believes may interfere with the construction, operation, and maintenance of the electric line or lateral lines. Buildings/Structures: Owner shall not: a) locate any buildings, structures, septic systems, drain fields, ponds, or swimming pools within the Easement Area, b) plant any trees within the Easement Area, or c) change the ground elevation in the Easement Area. Consumers may correct any violation of this prohibition by cutting down or removing any trees Owner plants within the Easement Area, without liability to Owner, or by relocating the electric line or lateral line(s), in which case Owner shall reimburse Form42l Page 1 of3 LPM Agreement #M

4 Consumers for any expenses Consumers incurs in automatically apply to such relocated line. making the relocation, and this easement shall Exercise of Easement Consumers nonuse or limited use of this Easement shall not preclude Consumers later use of this Easement to its full extent. Successors: This easement shall bind and benefit Owner s and Consumers respective heirs, successors, lessees, licensees, and assigns. Date: / V Owner City of Flint ~ley~gencymana~ Dayne Walling-Mayor lnez M Brown-City Clerk Acknowledgment The foregoing instrument was acknowledged before me in County, Michigan, on by Darnell Earley, Emergency Manager, Davne Walling, Mayor Date and lnez M Brown, City Clerk, of the Corporation City of Flint, a Michigan Municipal Corporation, on behalf of the Notary Public Acting in County My Commission expires: Prepared By: Jeremy Williams 8/21/2014 After recording, return to: Consumers Energy Company Loretta Lester, EP Willow St Business Services Lansing, Ml Consumers Energy Company One Energy Plaza Jackson, Ml Form Page 2 of 3 LPM Agreement #M

5 EXHIBIT A Owner s Land A parcel of land in Section 20, T8N, R7E, City of Flint, Genesee County, Michigan, described as: Beginning at the East 1/4 corner of Section 20; thence North West feet; thence South West feet; thence North West feet; thence South West feet; thence South West feet; thence South West feet; thence South West feet; thence East feet; thence South feet; thence East 1, feet; thence North feet to the point of beginning. Parcel Id: Commonly known as: 5315 Bray Rd., Flint, MI EXHIBIT B Easement Area A 30 foot-wide strip of land, being 15 feet on each side of the centerline of the electric line constructed on Owner s Land, the centerline to be located approximately as shown in the attached drawing. Form42l Page3of3 LPM Agreement #M!

6 3:z~:~:... ~. 4 ~ ~ : s::-- ED INSTALL PRI DE NEUTRAL DE ON EXIST D8S PRI JUMPER C REMOVE 1 1K 1P RS INSTALL 45 5 INST PRI ON 5105 SPINS EDEM PG INSTALL 45 5 VO E 0= K 1P RS 15 EDEM PG KVA LA/CO per fig. 3 EST DEM=3OKVA PUMPING STATION SSVD=2. 81 FLICK= /240 Y C C GENESEE CO GENESEE TWP T08 P57 SEC.20 SPAN TOO LONG TO ROLL 0) 1~9 CA ~1 THIS SPAN A k )twfl) 19A57 4 0MB Enrgy Ccspany 2 ecrni-c -CONSTRUCTION CERTFICATION Work was coasirucled - as E.4neered or Changed as fr*oled. MS~vageotZe uoieflclwos Relwn.d (a Slates. Doles: Slatted Completed I~SS DIG n1~r: DATE:_ ELECTRIC CAD TITLE BLOCK 18-1/Zxlfl EETA DESIGNED BY DATE MDPLUNKE 04/01/14 APPROVED BY DATE SCALE _[_ SHEET I OF I F JONE 5315 BRAY RD-FLT-OHLN For: CITY OF FLINT 5315 BRAY RD NOTIF ICATION# I ORDER NUMBER OF OHMS CONSTRUCTION MEASURE NUMBER TLM NUMBER RODS ORDER T YPE FCTIV1TY IUIOENM~I TYPE 1DESIGN NUMBER SUBSTAT ION WD NO. E CNC NLO STANLEY 0054 CiRCUIT CKT NO.LCP ND. STAKED []YES [J NO SUMMIT 4/8/2014 7:03:49 MA d:~oftbocicup~wrod\ustn\dgn~i ol TREES EiYES ULNO Jb~SIGN FILE.4AIE:ib OOI ITRSO