Item Coversheet

Resolution

NO. 74

A Resolution authorizing the City Manager to execute an easement agreement between Consumers Energy Company, Battle Creek Tax Increment Finance Authority (BC TIFA), and the City of Battle Creek, in order to provide electrical facilities to the WKW property located at 215 N Hill Brady Road.

BATTLE CREEK, MICHIGAN - 2/3/2015

Resolved by the Commission of the City of Battle Creek:

 

This Resolution authorizes the City Manager to execute an easement agreement between Consumers Energy Company, Battle Creek Tax Increment Finance Authority (BC TIFA), and the City of Battle Creek, in order to provide electrical facilities to the WKW property located at 215 N Hill Brady Rd.









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on February 3, 2015.


Victoria Houser


Battle Creek City Commission
2/3/2015
Action Summary

Staff Member: Andrew Michalowski 
Department:Utilities 
SUMMARY 
A Resolution authorizing the City Manager to execute an easement agreement between Consumers Energy Company, Battle Creek Tax Increment Finance Authority (BC TIFA), and the City of Battle Creek, in order to provide electrical facilities to the WKW property located at 215 N Hill Brady Road.
BUDGETARY CONSIDERATIONS
The easement agreement will be worded to protect the City's sewer main and that portion of the linear park path which runs through the proposed easement.

HISTORY, BACKGROUND and  DISCUSSION

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.


DISCUSSION OF THE ISSUE

POSITIONS
The Department of Public Works and the Parks and Recreation Department have reviewed this easement request, and approve of it's execution.

ATTACHMENTS:
File NameDescription
SF21928_SHT1_survey.pdfSurvey map provided by Consumers Energy
Eldridge_Map_lots21_22_ft_custer_proposed_Consumers_ease_(1).pdfAssessor's GIS Map of Area