Consumer's Energy is requesting an easement to be granted over contiguous land which will serve the WKW Property, located at 215 N Hill Brady Rd. This easement runs over land which the City sold to the BC TIFA pursuant to a land contract in 1992; however, in the course of this review there has been some confusion regarding the record title as the assessing office still indicates title remains with the City. As well, Consumers Energy sought title work and drafted the proposed easement from both the City and BC TIFA. The easement will burden a portion of Lot 22 of Battle Creek – Fort Custer Urban Renewal Plat “Burdened Property.”
The City has a sewer main and a portion of the linear park running through the proposed easement area as well. Within this easement, Consumers intends to run a line from a 46,000 volt substation to provide enough electrical output to accommodate for the building's processes. The proposed location of the line can be seen in the attached survey. The easement would allow for Consumers to cut, trim, remove, destroy, or otherwise control all trees and brush within 40 feet of each side of the line, and all trees in excess of 35 feet in height within 80 feet of each side of the line. This is Consumers' standard detail in making sure their power lines are clear of any obstructions. The proposed easement also requires that no buildings or any other structures can be placed within 20 feet of each side of the center line.
The agreement itself is still being finalized among the City, BC TIFA, and Consumers Energy. In order to expedite this process and avoid a delay in WKW's construction plans, the City is working with Doug Voshell on behalf of BC TIFA to agree on language that will meet the City’s needs, as well as those of BC TIFA and Consumers Energy.
This Resolution authorizes the City Manager to sign an easement burdening the property, with terms and conditions acceptable to the City Attorney, BC TIFA, and the Department of Public Works.
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