24-003600-TT08006420250805145347 (1).pdf
Kap-Land LLC, Petitioner V Township Of Richland, Respondent · 24-003600-TT
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BAUCKHAM, 470 W. CENTRE AVE, SUITE A PORTAGE, MI 49024-5362 THALL, SEEBER, KAUFMAN & KOCHES P.C. ATTORNEYS AT LAW 201 STATE STREET, SUITE 10 CHARLEVOIX, MI 49720-1371 TELEPHONE (269) 382-4500 FAX (269) 382-2040 www.michigantownshiplaw.com ROBERT E. THALL ROXANNE C. SEEBER CATHERINE P. KAUFMAN T. SETH KOCHES LORI COATES HAY JOSHUA E. THALL MICHAEL W. BILA ERIN J. GESCHWENDT NICOLE E. ESSAD State of Michigan Michigan Tax Tribunal Small Claims Division PO Box 30232 Lansing, MI 48909-7732 JOHN H. BAUCKHAM 1923 - 2015 HARRY F. SMITH 1906 — 1972 BRYAN E. GRAHAM (Of Counsel) August 5, 2025 RE: Katharine Boudeman v Township of Richland MTT Docket No. 24-003600-TT Dear Chief Clerk, Please consider the following as Respondents written evidence in this matter: 1. Answer Form with attachments. 2. Deed to property. 3. Articles of Organization of subject property owner. 4. Photo of Sterling Avenue street end accessing the subject property. 5. Overhead view of subject property. The Respondent Township respectfully requests that the subject parcel’s special assessment be upheld. Sincerely,
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EXHIBIT 1
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MOAHR DOCKET NO. 24-003600 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default Section 1: Respondent’s Contact Information Unit of Government Township Of Richland (KALAMAZOO) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name MI Last Name Robert E Thall Firm Name (if any) Address (No, Street, P.O. Box or Rural Route) 470 W. Centre Ave., Suite A City or Town State ZIP Code Portage Michigan 49024-5362 Telephone Number Fax Number 269-382-4500 269-382-2040 E-mail Address thall @michigantownshiplaw.com Section 3: Subject Property Information Parcel Identification Number(s): 03-02-176-013 Tf multiple parcels are being appealed are they contiguous or adjoining? N/A Taxing Authority (City or Township) County Township Of Richland (KALAMAZOO) Kalamazoo
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR See Attached Section 4. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes ‘What was the date of the hearing held to confirm the special assessment roll? 6/18/2024 How many years is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? 15 5511.75 ‘What is the basis for the special assessment? Identify the applicable statutory provision. PA 188 of 1954; MCL 41.722(m). Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/_Robert E Thall
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 24-003600-TT default. Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in Section 1: Respondent’s Contact Information Unit of Government: Richland Township, Kalamazoo County Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name M1. Robert E Last Name Thall rmtene te Bauckham, Thall, Seeber, Kaufman & Koches, P.C. Address (No., Street, P.O. Box or Rural Route) 470 W. Centre Ave., Ste. A City or Town State ZIP Code Portage Mi 49024 Telephone Number Fax Number (269) 382-4500 (269) 382-2040 thall@michigantownshiplaw.com E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information Parcel Identification Number(s): 03-02-176-013 Oves Ono [4 wa If multiple parcels are being appealed are they contiguous or adjoining? Taxing Authority (City or Township) Richland Township County Kalamazoo
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rime STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The subject parcel of real property is located in Richland Township, Kalamazoo County, Michigan and has frontage and access off of Sterling Avenue. The Respondent has created a special assessment district pursuant to the provisions of Public Act 188 of 1954, as amended, for the purposes of funding proposed road improvements, repairs, and maintenance on Sterling Avenue. The subject property was included in the district as having frontage on Sterling Avenue. Itis included with the other properties that have frontage on Sterling Avenue. The Township followed proper procedure to establish the special assessment and approved the special assessment roll on June 18, 2024 (see attached Resolution confirming the special assessment roll). The subject property is within the special assessment district and received an assessment. The Township acted within its lawful discretion setting the special assessment roll and assessment on the subject parcel which amount is the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit of all parcels in the special assessment district. The subject real property receives a special benefit different than owners of the public in general as it has access and frontage off of Sterling Avenue. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? 1] Yes [J No What was the date of the hearing held to confirm the special assessment roll? 06/18/2024 How many years Is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? Installment payment over 1 5 years 5,511.75 one time or 367.45 plus int. at 5% on installment payments What is the basis for the special assessment? Identify the applicable statutory provision. Public Act 188 of 1954; MCL 41.722(m) Signature +required E97" ™ Robert E. Thall P46421 t 14
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7401, North 320 Street
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Richland, Wit 49083
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RESOLUTION NUMBER 24-06-15
RICHLAND TOWNSHIP
KALAMAZOO COUNTY, MICHIGAN
RESOLUTION ESTABLISHING
STERLING AVENUE IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT
WHEREAS
the Township
Board
of the Township
of Richland,
Kalamazoo County,
Michigan received petitions representing owners of more than 50% of the property in a Special
Assessment District to be established in accordance with the provisions of PA 188 of 1954, as
amended, for the purposes of funding proposed road improvements repairs and maintenance
on Sterling Avenue; and
WHEREAS the purposes of the district are to fund road repairs and maintenance to the
benefitted parcels in accordance with MCL 41.723, Section 3 of the Public Improvements Act,
Public Act 188 of 1954, as amended, (MCL 41.721, et seq.); and
WHEREAS the benefitted parcels are described as:
“All those properties in Richland Township, Kalamazoo County, Michigan with frontage
on Sterling Avenue” and
WHEREAS plans and estimates of the costs and the special assessment district boundary
maps and descriptions were filed with the Township Clerk for public examination and notice of
the hearing on the creation of such district for such purposes was mailed and published as
required by law and statute as established by Affidavits pertaining thereto on file with the
Township Clerk; and
WHEREAS
a hearing on any objections to the proposed improvement(s) and to the
special assessment district proposed to be established for the assessment of the costs of such
improvement(s) was conducted on April 16, 2024 at a regular meeting of the Township Board at
the Township Hall, 7401 N. 32" Street within the Township; and continued to May 21, 2024.
NOW THEREFORE, IT IS HEREBY RESOLVED that The Township Board approves the plans
and cost estimates for the road improvements, repairs, and maintenance; at an approximatePage 8
A
7403 North 3284 Street
Kalamagoo County
RESOLUTION NUMBER 24-06-15
BE
IT FURTHER RESOLVED THAT the Township Board hereby creates and defines
a
special assessment district to be known as “Sterling Avenue Improvement Special Assessment
District” within which the costs of such improvements shall be assessed, according to the
benefits, against the properties in the district which are described as:
“All those properties in Richland Township, Kalamazoo County, Michigan with frontage
on Sterling Avenue.” addressed and Parcel ID Nos. as:
Parcel Number Parcel Address
Parcel Number Parcel Address
03-02-251-390
9694 STERLING AVE
03-02-251-230
STERLING AVE
03-02-251-400
9708 STERLING AVE
03-02-251-220
9623 STERLING AVE
03-02-251-410
9726 STERLING AVE
03-02-251-210
9605 STERLING AVE
03-02-251-420
9744 STERLING AVE
03-02-251-200
9585 STERLING AVE
03-02-251-430
9748 STERLING AVE
03-02-251-190
9567 STERLING AVE
03-02-251-440
9760 STERLING AVE
03-02-251-180
9547 STERLING AVE
03-02-251-450
9778 STERLING AVE
03-02-251-172
9529 STERLING AVE
03-02-251-460
9805 STERLING AVE
03-02-251-321* 9568 STERLING AVE
03-02-251-470
9830 STERLING AVE
03-02-176-013
M-43 HWY
03-02-251-292
10765 M-43 HWY
03-02-251-340
9588 STERLING AVE
03-02-251-280
9765 STERLING AVE
03-02-251-351
9598 STERLING AVE
03-02-251-270
9751 STERLING AVE
03-02-251-381
9666 STERLING AVE
03-02-251-260
9733 STERLING AVE
03-02-251-362
STERLING AVE
03-02-251-250
9679 STERLING AVE
03-02-251-312
9530 STERLING AVE
03-02-251-240
STERLING AVE
*03-02-251-331 Combined with 03-02-251-321
on June 18, 2024
BE IT FURTHER RESOLVED THAT the Township Board hereby approves the special assessment
roll on which has be entered and described all parcels of land in the district to be assessed with
the names of the respecting owners thereof; and
a total amount per parcel to be assessed
thereon for the project, on a per-parcel basis payable over fifteen (15) years with a maximum of
5% interest per year on the unpaid balance.
Each parcel in the district shall be charged a total
of $367.45 per year (plus interest,
if applicable) over the fifteen-year period.
The special
assessment shall be billed and collected in fifteen (15) annual installments and shall be included
on the December tax bill commencing with the December 2024 tax bill.
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Richland, Mi 49083
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FAG North 3274 Street
JAN |
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Richland, Mi 495083
EAN
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Phone:
{269) 629-4921
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TOWNSHIP
on os 4 sao
Kalamazoo County
RESOLUTION NUMBER 24-06-15
BE IT FURTHER RESOLVED THAT all resolutions or parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same are hereby rescinded.
Motion by _ 1"
¢
supported by
.
to adopt the foregoing resolution.
The following voted “aye”:
Pies? Fever, Norma, Windel
© dng, Drow~
The following voted “nay”:
[NRE RE
The following was absent:
Vows
The Supervisor declared the motion carried and the resolution duly adopted.
—
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[ps —
Bear Priest, Clerk
Richland Township
CERTIFICATE
The
undersigned,
Bear
Priest,
the
Clerk
of Richland Township, Kalamazoo County,
Michigan, hereby certifies that the foregoing constitutes
a true and complete copy of
a
resolution adopted by the Township Board at a meeting held on June 18, 2024 and that said
meeting was held in accordance with the Open Meetings Act, PA 267 of 1976.
Fr
Bear Priest, Clerk
Richland Township
Attest:
__
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL KATHARINE BOUDEMAN, Petitioner, MTT Docket No. 24-003600-TT Vv TOWNSHIP OF RICHLAND, Respondent. patharine Boudeman Robert E. Thall (P46421) 9529 Sterling A BAUCKHAM, THALL, SEEBER, ering Ave. KAUFMAN & KOCHES, P.C. Gedy obser 08 Attorney for Respondent Southpaw769@aol.com 470 W. Centre Ave., Ste. A Southpaw769@aol.com Portage, MI 49024 269-382-4500 thall@michigantownshiplaw.com APPEARANCE The law firm of Bauckham, Thall, Seeber, Kaufman & Koches, P.C. enter this appearance for and on behalf of Respondent, Township of Richland, in this matter. Respectfully submitted, BAUCKHAM, THALL, SEEBER, TAAL) / Z ¢ Robert E. Thal” Date: December 2, 20234
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL KATHARINE BOUDEMAN, Petitioner, MTT Docket No. 24-003600-TT v TOWNSHIP OF RICHLAND, Respondent. no barine Boudeman Robert E. Thal (P46421) . BAUCKHAM, THALL, SEEBER, 2325 Sterling Ave. KAUFMAN & KOCHES, P.C. ane 8 ps os Attorney for Respondent (269) 998- 470 W. Centre Ave., Ste. A Southpaw769@aol.com Portage, MI 49024 269-382-4500 thall@michigantownshiplaw.com PROOF OF SERVICE Sandra L. Bosse states that on December 2, 2024, she served a copy of Respondent’s Appearance, Property Tax Appeal Answer Form Special Assessment and Proof of Service in this matter by first-class mail, postage fully prepaid, upon Petitioner’s Attorney at the address as listed above. ) Indi NS Lrg A Sandra L. Bosse
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EXHIBIT 2
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Hv RECEIVED 2009AUG 1S PH 2: 27 SOUT? 07 Aviad ALIEN QC-Kalamazoo ROD 2009-029295 Page: 1 of 3 28/19/2008 02:30P QUIT CLAIM DEED THE GRANTOR(S) KATHARINE A. BOUDEMAN, an unmarried woman, of 9529 Sterling Road, Richland, MI 49083, quit-claim(s) to Grantee(s) KAP-LAND, LLC, a Michigan limited liability company, presently of 9529 Sterling Road, Richland, MI 49083, the following described premises situated in the Township of Richland, County of Kalamazoo and State of Michigan: See attached legal description on Exhibit 1. for the sum of One Dollar ($1.00). This Deed exempt from tax under MCL 207.505(a); MSA 7.456(5)(a) and MCL 207.526(a); MSA 7.456(26)(a) for the reason that the value of the consideration is less than One Hundred Dollars ($100.00), Grantor grants to the Grantee, without warranty, and subject to local ordinance, the right to make the maximum divisions under Section 108 of the Land Division Act, Act No. 288 of the Public Acts of 1967 as amended MCL 560.108; MSA 26.430(108). To the extent this conveyance includes any unplatted land notice is given that: This property may be located within the vicinity of farm land or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act. This is a partially corrective deed which is intended to correct an inadvertent, typographic error in the description of the grantee in the deed dated March 21, 2007 and recorded at 2007-010378 Kalamazoo County Register of Deeds for a portion of the property which incorrectly designated the grantee as Kap-Land, LCC, a Michigan limited liability company, which is a nonexistent entity, and to correctly describe the Grantee as Kap- Land, LLC, a Michigan limited liability company, which is an existent entity. Dated this 29% day of July, 2009. Signed by: Katharine A. Boudeman STATE OF MICHIGAN ) ) ss COUNTY OF KALAMAZOO ) The foregoing instrument was acknowledged bef e on +77 day of July, 2009 by Katharine A. Boudeman. ( 2)
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EXHIBIT 1 Quit Claim Deed Legal Description Land situated in the County of Kalamazoo, Township of Richland, State of Michigan, described as follows Parcel 1: - - Kalamazoo » Michigan, as follows: at the Northwest comer of said Section 2, thence South 89 degrees 11 minutes 45 seconds East slong the North line of sald Section 2, 2092.19 feet to an traverse line; thence South 22 43 minutes 27 seconds East thereon, 275.80 feet; thence Also including Parcel 2: THE TOWNSHIP OF RICHLAND, COUNTY OF KALAMAZOO AND STATE OF MICHIGAN TO WIT: Ad THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE EAST 1/2 OF THE SOUTHWEST 1/4 LYING NORTH OF M-43 HIGHWAY IN SECTION 2, T. | S., R. 10 W., RICHLAND TOWNSHIP, COUNTY, MICHIGAN, AND BEING MORE PARTICULARLY DESCRIBED AS POLLOWS: COMMENCING AT THE WEST 1/4 POST OF SECTION 2, T. 1 3., R 10 W., RICHLAND TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN: THENCE SOUTH 20 DBORNES 40°06° WITH RADIUS OF 1,065.10 FEET AND A CHORD BEARING SOUTH 73 DEGRERS $3°16° WEST, 179.23 FEET; WEST 178.52 FEET; SAID PROPERTY WAS PREVIOUSLY DESCRIBED AS FOLLOWS: THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE BAST 1/3 OF THE SOUTHWEST 1/4 LYING NORTH OF HIGHWAY M43, ALL IN SECTION 2, TOWN 1 SOUTH, RANGE 10 WEST, EXCEPIING THEREFROM THE FOLLOWING THREE PARCELS: ‘ : PARCEL A: . ) ’ ) HEL FEET; THENCE NOKTH 00 DEGREES 52 MINUTES 10 SECONDS WEST, 366.05 FEST TO THE PLACE OF BBGINNING. PARCEL B: QC-Kalamazoo ROD
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EXHIBIT 3
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Michigan Department of Labor & Economic Growth Filing Endorsement This is to Certify that the ARTICLES OF ORGANIZATION (DOMESTIC L.L.C.) for KAP-LAND, LLC ID NUMBER: D07378 received by facsimile transmission on August 14, 2006 is hereby endorsed Filed on August 14, 2006 by the Administrator. The document is effective on the date filed, unless a subsequent effective date within 90 days after received date is stated in the document.
Page 19
BCSICD-700 (Rov, 1205) MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH BUREAU OF COMMERCIAL SERVICES Date Received (FOR BUREAU USE ONLY) This document is effective on the date filed, unless a subsequent effective date within 90 days after received date is stated in the document. Name Alfred J. Gemrich 161 8. Rose Street, Suite 800 Clty State Zip Code Kalamazoo Mi 49007 EFFECTIVE DATE: ¢ Document will be returned to the name and address you enter above. » If left blank document will be mailed to the registered office. ARTICLES OF ORGANIZATION For use by Domestic Limited Liability Companies B (Please read information and instructions on lastpage) Pursuant to the provisions of Act 23, Public Acts of 1993, the undersigned execute the following Articles: ARTICLE| The name of the limited liability company is: <aP-k-and, LLC ARTICLE ll The purpose or purposes for which the limited liability company is farmed is to engage in any activity within the purposes for which a limited liability company may be formed under the Limited Liability Company Act of Michigan. ARTICLE Iii The duration of the limited liability company if other than perpetual is; ARTICLE IV 1. The street address of the location of the registered office is: 9529 Sterling Road Richland Michigan 9083 (EWoot AoGas8] [I ' 12 Coda) 2. The mailing address of the registered office if different than above: , Michigan (Stroct Addreee or P.O. Box) (Ey) (ZIP Code) 3. The name of the resident agent at the registered office is: Katharine Boudeman
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EXHIBIT 4
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H ° g H H E
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EXHIBIT 5
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