High Rollway Deed & Property Description 1985.pdf

NE~~YGO #20-50, 51, 52, 70,

85, 89 & 90

QUITCLAIH DEED

THIS INDENTURE, Hade this 14th day of .June, 1985, Be tween CONSUHERS POWER COMPANY, a Michigan corporation, 212 West Michigan Avenue, Jackson, Michigan (successor by merger .to Consumers Power Company, a Maine corporation), first party, and STATE OF MICHIGAN, Lansing, Michigan, second party, WITNESSETH:

That first party, for and in consideration of the sum of One Hundred Seventy-six Thousand and No/100 Dollars ($176,000.00) to it in hand paid by second party, the receipt whereof is hereby confessed and acknowledged, .does by these presents grant, .bargain, sell, remise, release and forever QUITCLAIM· unto second party and to its successors and assigns Forever, certain land and easement rights in the Township of Brooks, County of Newaygo and State of Michigan, described in Exhibit A which is attached hereto and made a part hereof, excepting and reservlng the interests and rights set forth in Exhibit B which is attached hereto and made a part hereof.

Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, .TO HAVE AND TO HOLD the said premises unto second party and to its successors and assigns to the sole and only proper use, benefit and behoof of second party, its successors and assigns, Forever.

IN WITNESS WHEREOF, first party has caused this instrument to be executed in its corporate name and by its duly authorized officer as of the day and year first above written.

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R C Bonner

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STATE OF MICHIGAN

COUNTY OF JACKSON

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June ruWER

I-T L Reid Notary Public, Jackson County, Hichigan My Co~issio!!. expires ~,lJ{"")~t -'T 100.P.

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PR[PARED BY D,WID R. ROOD

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JACKSON, XdCH1GAN

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EXHIBIT A

Description of.Land

Parcel 4190

A parcel of land in the Southwest 1/4 of Sec tion 23, Township 12 North, Range 12 West, described as follows:

Commence at the South 1/4 corner of said section; run thence North 00 32' 46" East along the North-South 1/4 line of said section 892.54 feet to the place of beginning for this description; thence continuing North 00 32' 46" East along said 1/4 line 392.02 feet; thence North 89 0 32' 34" Pest, 960.00 feet; thence North 0° 32' 46" East, 32.98 feet; thence North 89 0 32' 34" West, 461.40 feet to an iron rod near the Easterly bank of the Muskegon River; thence continuing North 89 0 32' 34" West to the center thread of said river; thence downstream along said center thread to a point Nor t.h 89 0 32' 33" West of the place of beginning;

thence South 89 0 32' 33" East t o an iron rod near the Easterly bank of the Muskegon River; thence continuing South 89 0 32' 33" East, 1304.03 feet to the place 0 f beginning. (Bearings are based on the North line of Section 23 between the Northwest corner and North 1/4 corner assumed as South 89 0 33' 22" East.)

Parcel {i85

A parcel of land in the West 1/2 of Section 23, Township 12 North, Range 12 West, described as follows: Commence at the North 1/4 corner of said section; run thence South 00

32' 46" West along the North-South 1/4 line of said section 2122.66 feet; thence South 72 0 29' 35" West: 17.94 feet; thence Southwesterly 323.54 feet along a curve concave to the Southeast, said curve having a r adius of

545.67 feet and a chord bearing South 55 0 30' 26" West,

318.82 feet; thence South 38031' 15" West, 267.23 feet;

thence Southwesterly 245.62 feet along a curve concave to the Northwest, said curve having a radius of 318.31 feet and a chord bearing South 60 0 37' 40" West, 239.57 feet;

thence South 82043' 56" West, 80.50 feet; thence Westerly

98.78 feet along a curve concave to the South, said curve· having a radius of 279.49 feet and a chord bearing South 72 0 36' 17" ;"est, 98.27 feet; thence South 62 0 28' 56" West, 394.18 feet to the place of beginning for this description; thence Southwesterly 222.23 feet along a curve concave to the Southeast, said curve having a radius of 190.99 feet and a chord bearing South 29 0 08' 51" West,

209.91 feet; thence South 4 0 11' 07" East, 107.92 feet;

thence Southerly 163.97 feet along a curve concave to the Northwest, said curve having a radius of 163.70 feet and a chord bearing South 240'31' 06" West, 157.24 feet; thence North 89 0 32' 35" West, 519.84 feet to an iron rod near the Easterly bank of the Muskegon River; thence continuing North 89 0 32' 35" West to the center thread of said river;

thence upstream along said center thread to a point North 58 0 55' West of the place of beginning; thence South 580

55' East to an iron rod near the Southeasterly bank of the Muskegon River; thence continuing South 580 55' East,

714.39 feet to the place of beginning. (Bearings are based on the North line of Section 23 between the Northwest corner and North 1/4 corner assumed as South 89 0

33' 22" East.)

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Parcel If89

A parcel of land in the Southwest 1/4 of Section 23, Township 12 North, Range 12 West, described as follows:

Commence at the South 1/4 corner of said Section 23; run thence North 00 32' 46" East along the North-South 1/4 line of said section 1284.56 feet; thence North 89 0 32' 34" West, 960.00 feet; thence North 0 0 32' 46" East, 691.75 feet to the place of beginning for this description; thence South 00 32' 46" West, 658.77 feet; thence North 89 0 32' 34" West, 461.40 feet to an iron rod near the Easterly bank of the Muskegon River; thence continuing North 89 0 32' 34" West to the center thread of said river; t hence upstream along said center thread to a point North 89 0 32'·35" West of the place of beginning; thence South 89 0 32' 35" East to an iron rod near the Easterly bank of the Muskegon River;

thence continuing South 89 0 32' 35" East, 886.55 feet to the place of beginning. (Bearings are based on the North line of Section 23 between the Northwest corner and North 1/4 corner assumed as South 89 0 33' 22" East.)

Parcel If50

A parcel of land in the So uthwe s t 1/4 of Section 13, lying Westerly of the center thread of the Muskegon River and in the Southeast 1/4 of Section 14, Township 12 North, Range 12 West, said parcel being more particularly described as follows: Begin at the East 1/4 corner of said Section 14;

thence North 89 0 24' 39" West along the East and West 1/4 line of said Section 14, 999.57 feet; thence South 00 16' 03" East, parallel with the North and South 1/4 line of said Section 14, 360.0 feet; thence South 89 0 24' 39" East, parallel with the East and West 1/4 line of said Section 14, 999.69 feet to the East line of said Section 14 at a point which is 360.0 feet Southerly of the East 1/4 corner of said Section 14 as measured along said section line; thence South 89 0 36' 58" East, parallel with the East and West 1/4 line of said Section 13, 327.6 feet to an iron rod near the Westerly bank of said river; thence continuing South 89 0 36' 58" East to the center thread of said river; thence downstream along said center thread to the East and West 1/4 line of said Section 13; thence North 89 0 36' 58" West along said 1/4 line to an iron rod near the Westerly bank of said river; thence continuing North 89 0 36' 58" West along said 1/4 line 145.06 feet to the place of beginning. (Bearings are based on the West line of Section 13 from the Southwest corner to the West 1/4 corner assumed as North 0 0 17' 16" West.)

Parcel If51

A parcel of land in the Northwest 1/4 of Section 13, and in the Northeast 1/4 of Se c t i.o n 14, lying Southerly and Westerly of the center thread of the Muskegon River, ·Township 12 North, Range. 12 West, said parcel being described as follows: Begin at the East 1/4 corner of said

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Section 14; thence North 89 0 24' 39" West along the East and West 1/4 line of said Section 14, 564.57 feet; thence North 0017' 16" West, parallel with the East line of said Section 14, 1037.86 feet to an iron rod near the Southerly bank of said river; thence continuing North 00 17' 16" West to the center thread of said river; thence upstream along said center thread to the East and West 1/4 line of said Section 13; thence North 89 0 36' 58" West along said 1/4 line to an iron rod near the Westerly bank of said river; thence continuing North 890 36' 58" West along said 1/4 line 145.06 feet to the place of beginning.

(Bearings are based on the West line of Section 13 from the Southwest corner to the West 1/4 corner assumed as North 00 17' 16" West.)

Parcel #52

A parcel of land in the Northeast 1/4 of Section 14, Township 12 North, Range 12 West, lying Southerly of the center thread of the Muskegon River, more particularly described as follows: To find the place of beginning commence at the East 1/4 corner of said section; thence North 89 0 24' 39" West along the East and West 1/4 line of said section 564.57 feet to the place of beginning for this description; thence continuing North 89 0 24' 39" West along said 1/4 line 435.0 feet; thence North 420 03' 29" West, 314.67 feet to an iron rod near the Southeasterly bank of said river; thence continuing North 420 03' 29 11 West to the center thread of said river; thence upstream along said center thread to a point which is North 00 17' 16" West from the place of beginning; thence South 00 17' 16" East parallel with the East line of said section to an iron rod near the Southerly bank of said river; thence continuing South 00 17' 16" East, 1037.86 feet to the place of beginning. (Bearings are based-on the East line of Section 14 from the Southeast corner to the East 1/4 corner assumed as North 00 17' 16" West.)

Parcel if70

A parcel of land in the -Northwest 1/4 of Section 23, Township 12 North, Range 12 West, described as follows:

Connnence at the Northwest corner of said section; run thence South 89 0 33' 22" East along the North line of said section 500.00 feet to the place of beginning of this description; thence South 00 06' 25" East, 368.00 feet;

thence South 520 10' East, 638.63 feet to an iron rod near the Westerly bank of the Muskegon River; thence continuing South 52 0 10' East to the center thread of said river;

thence upstream along said center thread to the North line of said section; thenc'; North 89 0 33' 22" West along said section line to an iron rod near the Westerly bank of the Muskegon River; thence continuing North 89 0 33' 22" West along said section line 898.32 feet to the place of beginning.' (Bearings are based on the North line of Section 23 between the Northwest corner and North 1/4 corne. assumed as South 89 0 33' 22" East.)

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Description of Easement Rights

The easement and right to construct, use and maintain roadways as hereinafter described, along) over and across land crossed by said roadways and not described above in this Exhibit A.

A strip of land 66 feet in width in Sections 14, 15, 22 and 23, Township 12 North, Range 12 West, being 33 feet on each side of a centerline described as follows: To find the place of beginning commence at the Southeast corner of said Section 15; thence North 890 18' 34" West along the South line of said section 1328.9 feet to the East 1/8 line of said section and the place of beginning for this centerline description;

thence South 890 18' 34" East along the South line of said section 1328.9 feet to the Southeast corner of said Section 15; thence South 890 33' 22" East along the 'South line of said Section 14,

106.86 feet; thence North 50037' 22" East,

113.1 feet; thence North 690 13' 28" East,

193.71 feet; thence South 780 06' 32" East,

68.83 feet; thence South 240 29' 17" East,

143.86 feet to the South line of said Section 14 at a point which,is 500.0 feet Easterly of the Southwest corner of said Section 14 as measured along said section line, said point being the place of ending. (Bearings are based on the South line of Section 15 from the South 1/4 corner to the Southeast corner assumed as South 890 18' 34" East.)

A strip of, land 66 feet in width in the Southeast 1/4 of Section 14, Township 12 North, Range 12 West, being 33 feet on each side of a centerline described as follows: To find the place of beginning commence at the South 1/4 corner of said Section 14; thence'North 00 16' 03" West along the North and South 1/4 line of said section 1376.62 feet to the place of beginning for this centerline description; running

,thence South 890 43' 17" East parallel with and 33 feet Northerly of the South 1/8 line of said section 2103.99 feet; thence South 00 17' 16" West, 33 feet; thence North 00 17' 16" West,

972.22 feet to the place of ending. (Bearings are based on the South line of Section 14 from the South 1/4 corner to the Southeast corner assumed as North 890 58' 04" East.)

A strip of land 66 feet in width as described in Exhibit C which is attached hereto and made a part hereof.

Said easement and right is nonexclusive and said roadways may also be used by Grantor and others to whom Grantor may have granted, or may, at any time and from time to time) grant the right to use said roadways.

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:~~::~'It! ,~_. '.F';:~'0 EXHIBIT B

Excepting and reserving to Grantor) its successors and assigns, all oil, gas and associated hydrocarbon substances in and under said land and the right to enter upon said land and to prospect for, mine and remove said oil, gas and associated hydrocarbon substances.

Also excepting and reserving to Grantor, its successors and assigns, the right to flow and damage said land by the operation of any dam or dams of Grantor in the Muskegon River or as a resul t of the destruction of any of said dams, and the right to fluctuate the water in the Muskegon River by operation of said dams.

Also excepting and reserving to Grantor, its successors and assigns, the easement and right to construct, use and maintain a roadway as described in Exhibit C, attached hereto and made a part hereof, along, over and across the land described in Exhibit A. The easement hereby reserved includes the right, at any time and from time to time, to grant to others the right to use said roadway in common with Grantee.

Also reserving to Grantor, its successors and assigns for ever) the easement and right to construct) operate) maintain) repair, inspect) replace) improve) enlarge and remove electric transmission and distribution facilities consisting of one or more lines of poles, with wires, cables) conductors, braces) guys, anchors, transformers and other usual facilities and appurtenances~ and communication facilities consisting of underground cables with the usual facilities and appurte nances on) in, over, under and across strips of land over a portion of the land described in Exhibit A, said strips being described as follows:

A strip of land 30 feet in width over a portion of the land described in Exhibit A as Parcel 90, being 15 feet on each side of a centerline described as running Northerly and Southerly 34 feet West of and parallel with the East line of land described above as Parcel 90.

A strip of land 30 feet in width in the West 1/2 of Section 23, Township 12 North, Range 12 West, being 15 feet on each side of a centerline described as follows: To find the place of beginning of said description commence at the South 1/4 corner of said section; thence North 000 32' 46" East along the North and South 1/4 line of said section

2635.08 feet to the center of said section; thence continuing North 00 0 32' 46" East along the North and South 1/4 line of said section 544.91 feet;.

thence West 34.0 feet to the place of beginning of this centerline description; thence South 530 12' 21" West, 375.56 feet; thence South 310 45' 10" West, 357.30 feet; thence South 820 19' 12" West, 390.61 feet; thence South 590 20' 09" West, 420.00 feet; thence South 020 37' 54" West, 400.,28 feet to the place of ending.

(Bearings are based on the North line of Section 23 between the Northwest corner and the North 1/4' corner assumed as South 890 33' 22" East.)

With full right and authority to Grantor, its successors, licensees, lessees or assigns and its and their agents and employees to enter at all times upon said strips of land for the purpose of exercising the rights herein reserved. Also reserving the right to cut, trim, remove, destroy or other wise control all trees and brush growing upon said strips of land which may, in· the opinion of Grantor, interfere or threaten to interfere with or be hazardous to the construc tion, operation and maintenance of said facilities. No buildings or other structures will be placed on said strips of land without the written consent of Grantor. Nonuse or a limited use of tlie easement and right hereby reserved by Grantor, its successors and assigns, shall not prevent Grantor, its successors and assigns, from later making use of the easement to the full extent herein reserved.

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A strip of land 66 feet in width in Section 23, Township 12 North, Range 12 West, being 33 fee t on each side of a centerline described as follows" To find the place of beginning commence at the North 1/4 corner of said Section 23; thence South 00 32' 46" East along the North and South 1/4 line of said section 2122.66 feet to the place of beginning of this centerline description; running thence South 72 0 29' 35" West 17.94 fee t; thence South along the arc of a curve to the left 323.54 feet, said curve having a chord bearing South 55 0 30' 26" West, 318.82 feet; thence South 380 31' 15" West, 267.23 feet; thence South along the arc of a curve to the right 245.62 feet, said curve having a chord bearing South 60 0 37' 40" West,

239.57 feet; thence South 82 0 43' 56" West, 80.5 feet;

thence South along the arc of a curve to the Le ft 98.78 feet, said curve having a chord bearing South 72 0 36' 17" West, 98.27 feet; thence South 62 0 28' 56" West, 394.18 feet; thence South along the arc of a curve to the left

222.23 feet, said curve having a chord bearing South 29 0

08' 51" West, 209.91 feet; thence South 04 0 11' 07" East,

107.92 feet; thence South along the arc of a curve to the right 163.97 feet, said curve having a chord bearing of South 24 0 31' 06" West, 157.24 feet, and the place of ending.

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