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Michigan Tax Tribunal Appeal Brief Case 26-002270 Small.pdf

Kevinn Donovan, Tara Donovan Petitioners Vs. Township Of Grand Haven Respondent · 26-002270-TT

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STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

In the Matter of: 

Parcel No. 16-70-07-16-351-007 

Grand Haven Charter Township, Ottawa County, Michigan 

Petitioners: Kevinn Donovan & Tara Donovan 

 

PETITIONERS’ BRIEF IN SUPPORT OF APPEAL 

EXHIBIT INDEX 

Exhibit 1 – Distance, Access, and Comparable Property Analysis Map 

Exhibit 2 – Buchanan Road End Settlement Agreement 

Exhibit 3 – Evidence of Buchanan Road End Closure and Restricted Access 

Exhibit 4 – Sheldon Beach Subdivision Plat 

Exhibit 5 – Master Deed 

Exhibit 6 – HOA Restrictions 

Exhibit 7 – Quitclaim Deeds Conveying Former Sheldon Beach Park and Lake Drive Way 

Interests 

Exhibit 8 – Cabinet Construction 

Exhibit 9 – Countertops 

Exhibit 10 – Flooring 

Exhibit 11 – Windows 

Exhibit 12 – Interior Materials 

Exhibit 13 – Plumbing 

Exhibit 14 – Property Record Card 

Exhibit 15 – Fence and Property Features 

Exhibit 16 – Bathroom and Fixture Documentation 

Exhibit 17 – 2026 Board of Review Decision Notice 

 

EXECUTIVE SUMMARY 

This appeal challenges the 2026 assessment of the subject property on three independent 

and compounding grounds: 

1. Improper Land Valuation – The assessor applied a “Lake Michigan Influence” land 

table despite the property having no waterfront location and no deeded, private, 

or legally enforceable access rights to Lake Michigan, relying instead solely on

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limited, conditional, non-exclusive, and revocable public access. Comparable 

properties are properly classified under the “Southwest of US 31” land table at 

materially lower land values. 

2. Unsupported Building Classification (B+10) – The dwelling exhibits consistent 

mid-grade construction across finishes, systems, and structure (builder-grade 

windows, mixed cabinetry, partial laminate countertops, no hardwood flooring, MDF 

trim, OSB sheathing, PVC plumbing, single HVAC system, constrained basement and 

second floor ceiling), which is inconsistent with an above-average (B+10) 

classification and aligns with Class B -5 or BC. 

3. Record Card Errors and Incomplete Corrections – The Township’s Board of Review 

acknowledged that a value change was warranted but failed to correct underlying 

data and classifications, leaving an internally inconsistent assessment. 

Petitioners request a TCV reduction of approximately $130,000, yielding a revised TCV of 

~$627,867 and SEV of ~$313,934, based on corrected land classification, appropriate 

building class, and removal of factual errors. 

 

I. INTRODUCTION 

Petitioners challenge the 2026 assessment of the subject property on the basis that the 

assessor has materially overstated True Cash Value (“TCV”) through: 

1. Improper land classification utilizing a “Lake Michigan Influence” land table; 

2. Improper building classification of “B+10” unsupported by actual construction 

quality; 

3. Multiple factual inaccuracies in the property record card. 

These errors collectively result in an inflated valuation that does not reflect the property’s 

“usual selling price” as required under MCL 211.27. 

 

II. PROPERTY BACKGROUND 

The subject property is a single-family residence constructed in 2017, located within the 

Beach Woods condominium subdivision in Grand Haven Charter Township. The property is 

not waterfront and does not possess deeded, private, or legally enforceable access rights to 

Lake Michigan, relying instead solely on limited, conditional, and revocable public access.

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III. IMPROPER LAND CLASSIFICATION 

A. Use of Incorrect Land Table 

The assessor has applied a “Lake Michigan Influence” land table, resulting in a land value of 

approximately $175,000. 

However, comparable properties of similar size, location, and characteristics are classified 

within the “Southwest of US 31” land table, which more accurately reflects the subject 

property. 

 

B. Comparable Market Evidence 

Comparable non-waterfront properties within the “Southwest of US 31” land table reflect 

land values of approximately $110,000. 

(See Exhibit 1 – Distance, Access, and Comparable Property Analysis Map) 

 

C. Historical Plat Does Not Confer Value 

The assessor’s classification appears to rely on the historical Sheldon Beach Subdivision 

(1925), which contemplated lake access via Sheldon Beach Park and Lake Drive Way. 

(See Exhibit 4 – Sheldon Beach Subdivision Plat) 

However, these features: 

• Were never developed as intended; 

• Have been legally vacated; 

• Confer no present or future rights. 

 

Further, recorded quitclaim deeds executed in 2010 demonstrate that the former Sheldon 

Beach Park and Vacated Lake Drive Way interests were conveyed to specific Lake Michigan 

lots within the original Sheldon Beach Subdivision. 

 

These conveyances confirm that any surviving interests associated with Sheldon Beach Park 

and Lake Drive Way were vested in specific adjoining parcels and not retained by, conveyed 

to, or appurtenant to the Beach Woods property. 

 

Accordingly, the historical Sheldon Beach Subdivision does not provide any basis for 

attributing lake-related rights or value to the subject property. To the contrary, the 

documentary record establishes that such interests were conveyed elsewhere, while the

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Beach Woods Master Deed expressly provides that Beach Woods owners possess no rights 

or interest in either Sheldon Beach Park or Lake Drive Way. 

 

These recorded conveyances further demonstrate that the subject property was 

intentionally excluded from any surviving interests associated with Sheldon Beach Park and 

Lake Drive Way. 

 

(See Exhibit 7 – Quitclaim Deeds Conveying Former Sheldon Beach Park and Lake Drive Way 

Interests; Exhibit 5 – Master Deed) 

The Beach Woods Master Deed and HOA documents expressly state: 

• No ownership or access rights exist; 

• All rights have been released; 

• No physical or legal access is permitted. 

(See Exhibit 5 – Master Deed) (See Exhibit 6 – HOA Restrictions) 

Under MCL 211.27, valuation must reflect actual property rights—not historical or 

theoretical conditions. 

 

D. Condominium Form of Ownership Impacts Land Value 

The subject property is part of a condominium subdivision (Beach Woods), not a traditional 

platted subdivision. 

Although the dwelling is a detached single-family residence, ownership is subject to 

condominium restrictions and obligations, including: 

• 

Private road systems maintained by the homeowners’ association; 

• 

Ongoing financial responsibility for snow removal, repairs, and improvements; and 

• 

Use and access restrictions not present in typical fee-simple subdivisions. 

The Township’s own assessment framework recognizes that condominium ownership may 

warrant distinct land valuation treatment, as evidenced by Grand Haven Township’s 

separate “8500 – Condo Lots” land table applicable to condominium developments 

throughout the Township. 

Notably, developments such as “The Retreat,” which consist of detached single-family 

condominium homes with private ownership restrictions and common maintenance 

obligations similar to Beach Woods, are assessed at land values generally consistent with 

surrounding non-premium land tables with golf course designation rather than under a lake-

influence classification.

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This demonstrates that condominium form of ownership, standing alone, does not justify 

premium land valuation treatment and further highlights the inconsistency of applying a 

“Lake Michigan Influence” classification to the subject property. 

In addition, the subject property is served by a shared access drive with adjacent homes, 

requiring shared maintenance and limiting independent access. This condition is 

functionally similar to an interior or secondary access lot and negatively impacts market 

desirability relative to typical single-family parcels. 

In addition, the assessor’s record card reflects approximately 167 feet of actual frontage for 

the subject property. However, the vast majority of this frontage does not provide 

independent frontage utility, as the property is served through a shared driveway 

arrangement designated within the Master Deed as a Limited Common Element 

appurtenant to Units 2, 3, and 4 only. 

Under the Master Deed, maintenance, repair, replacement, and snow removal obligations 

for this shared access are collectively borne by the affected unit owners. 

Accordingly, while the recorded frontage dimension may be geometrically accurate, the 

subject property does not possess the same independent frontage utility, access 

characteristics, or market desirability associated with traditional fee-simple frontage. 

This shared-access configuration further supports treatment of the property as functionally 

similar to an interior or secondary-access lot and demonstrates that the land utility reflected 

in the assessment is overstated. 

Collectively, these factors impose additional burdens on ownership and reduce the market 

value of the land relative to comparable fee-simple parcels. Accordingly, the subject 

property is not directly comparable to traditional single-family lots and should not be valued 

as such. 

(See Exhibit 5 – Master Deed) (See Exhibit 6 – HOA Restrictions) 

 

E. Neighborhood Comparables Reflect Systematic Misclassification 

The Township may rely on neighboring properties within the Beach Woods subdivision as 

support for the applied “Lake Michigan Influence” land classification. 

However, such reliance is misplaced. 

As demonstrated above, the subject property has no waterfront location, no deeded access, 

and no legal or implied rights to Lake Michigan. These conditions arise from the governing 

Master Deed and HOA documents, which apply uniformly across the subdivision.

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Accordingly, any neighboring parcels classified under the same “Lake Michigan Influence” 

table are subject to the same legal limitations and lack of access. 

If such properties are similarly classified, they reflect a systematic misapplication of land 

valuation methodology rather than valid comparable evidence. 

Uniform treatment does not establish correctness. Under MCL 211.27, each property must 

be assessed based on its actual rights and characteristics. 

Therefore, neighboring parcels within the subdivision do not constitute reliable 

comparables for purposes of establishing land value or classification. 

 

F. Spatial Comparison to Non-Lake-Influenced Parcels 

As shown in Exhibit 1 – Distance, Access, and Comparable Property Analysis Map, the 

subject property is similarly situated in distance to Lake Michigan as parcels within the 

Juniper Hills subdivision, which are classified under the “Southwest of US 31” land table. 

(See Exhibit 1 – Distance, Access, and Comparable Property Analysis Map) 

The mapped distances demonstrate that the subject property does not possess any 

locational advantage relative to these comparable parcels that would justify application of 

a “Lake Michigan Influence” land table. 

In addition, GIS-based measurements of practical travel distance further confirm the lack 

of any locational advantage. Using publicly accessible roadways, the subject property is 

approximately 0.77 miles by vehicle from the Buchanan Street road end, while the nearest 

Juniper Hills parcel is approximately 0.71 miles by vehicle. 

These measurements demonstrate that the subject property is not only comparable in 

straight-line distance, but is in fact farther from the access point in practical travel distance. 

Despite this, the Juniper Hills parcels are not assigned lake-influenced valuation. 

This further confirms that the subject property’s classification is inconsistent with market-

based and spatial reality. 

 

G. Buchanan Road End Does Not Confer Deeded or Comparable Lake Access 

The Township may assert that the subject property benefits from proximity to the Buchanan 

Street road end providing access to Lake Michigan. 

However, the governing Settlement Agreement (1996) clearly establishes that this access is 

limited, conditional, and materially different from the type of access that supports a “Lake 

Michigan Influence” classification.

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(See Exhibit 2 – Buchanan Road End Settlement Agreement) 

Under the Agreement: 

• The subject property has no ownership interest in the Roadend Property 

• Access is provided only through a restricted public easement 

• Use is subject to strict limitations, including restricted hours, occupancy limits, and 

active supervision 

• The property is expressly not to be treated as a public park and cannot include 

improvements or facilities 

(See Exhibit 2 – Agreement §§ 2, 6, 8, 9) 

Importantly, the Agreement distinguishes between general members of the public and a 

defined group of “Intervenors,” consisting of specific Buchanan Street property owners. 

Unlike the subject property, the Intervenors retain separate and superior access rights. In 

the event the Agreement is terminated or abandoned, the Intervenors are granted continued 

access to Lake Michigan through a private easement over the Kool property. 

(See Exhibit 2 – Agreement § 17) 

By contrast, the subject property has no such rights and would lose all access in the event 

of termination or abandonment of the Agreement. 

The conditional and unreliable nature of this access has been demonstrated in practice. The 

Township has previously closed public access to the Buchanan Street road end, resulting in 

public efforts and petitions seeking restoration of access. 

(See Exhibit 3 – Evidence of Buchanan Road End Closure and Restricted Access) 

Public materials relating to the closure and reopening of the access point confirm that 

continued public access depends upon discretionary Township action and ongoing 

compliance with the Settlement Agreement rather than vested property rights. 

This history further demonstrates that the subject property does not possess permanent, 

deeded, exclusive, or otherwise reliable access rights sufficient to justify classification 

under a “Lake Michigan Influence” land table. 

Accordingly, the subject property’s access is: 

• Non-deeded 

• Conditional and revocable 

• Non-exclusive 

• Inferior to nearby properties with private easement rights 

This type of limited, conditional, non-exclusive, and revocable public access is not 

equivalent to deeded or private access and does not support classification under a “Lake 

Michigan Influence” land table, nor does it represent a reliable or market-recognized value

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contribution. No portion of the subject property’s recorded legal description includes 

riparian rights, waterfront rights, dock rights, easement rights to Lake Michigan, or private 

access rights. 

The existence of nearby properties with materially different and superior access rights 

further confirms that the subject property is improperly classified and should be evaluated 

under the “Southwest of US 31” land table. 

 

H. Land Value Impact 

Current Land Value: $175,000 

Supported Value: $110,000 

Reduction: $65,000 

 

IV. IMPROPER BUILDING CLASSIFICATION (B+10) 

The assessor classified the dwelling as “B+10,” indicating above-average construction 

quality. 

Under the Michigan State Tax Commission Assessor’s Manual, building classification is 

determined by the overall quality, consistency, materials, design, and construction 

characteristics of the dwelling. Higher classifications such as B+10 generally reflect 

consistently above-average materials, design, systems, finishes, and functional utility 

throughout the dwelling. (See Michigan Assessor’s Manual, Volume I – Class B Construction 

Classifications) 

As demonstrated below, the subject property instead reflects consistent mid-grade 

construction characteristics across finishes, systems, framing, and functional utility, 

supporting classification consistent with Class B -5 or BC rather than B+10. 

The subject property does not exhibit isolated downgraded features; rather, it reflects a 

consistent pattern of mid-grade construction quality across finishes, systems, structural 

design, and functional utility. 

 

 

V. CONSTRUCTION AND FINISH ANALYSIS 

The following construction and finish characteristics are evaluated consistent with the 

methodology described in the Michigan State Tax Commission Assessor’s Manual, which 

emphasizes overall construction quality, material consistency, functional utility, and design 

characteristics in determining building classification.

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(See Michigan Assessor’s Manual, Volume I – Introduction and Class B Construction 

Classifications) 

A. Cabinets 

• 45% thermofoil (builder-grade) 

• 35% stained cherry 

• 20% melamine 

• Open cabinet backs 

• Stapled/glued drawer construction (no dovetail) 

• No built-ins 

• Soft-close hardware only 

(See Exhibit 8 – Cabinet Construction) 

Conclusion: Mixed and mid-grade, not high-end. 

 

B. Countertops 

• 55% laminate (including melamine in some areas) 

• 45% granite 

(See Exhibit 9 – Countertops) 

Conclusion: Mixed finishes inconsistent with B+10. 

 

C. Flooring and Functional Utility 

• 45% carpet 

• 45% vinyl plank 

• 10% tile 

• No hardwood flooring 

(See Exhibit 10 – Flooring) 

Conclusion: Absence of hardwood strongly indicates mid-grade construction. 

 

 

D. Windows 

• Vinyl 

• Double-pane

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• Double-hung / slider 

• Builder-grade 

(See Exhibit 11 – Windows) 

Conclusion: Not consistent with premium construction. 

 

E. Interior Construction 

• MDF trim (no hard or soft wood trim) 

• 1/2” drywall 

• OSB sheathing (no plywood) 

• No exterior insulation board; standard OSB sheathing and weather barrier only 

(See Exhibit 12 – Interior Materials) 

Use of engineered floor trusses, roof joists, and rafters reflects standard production 

construction methods rather than upgraded dimensional lumber framing. 

 

F. Plumbing 

• PVC plumbing system 

• 50-Gallon water heater 

• No jetted tub or spa like features in master bath 

• Tub/shower slide-in fixtures (no tiled walls) in all remaining bathrooms 

(See Exhibit 13 – Plumbing) 

Conclusion: The plumbing system utilizes standard residential PVC supply, drain and waste 

piping and conventional fixtures and equipment consistent with mid-grade construction. 

 

G. Mechanical Systems 

Mechanical systems are standard (e.g., single 50-gallon water heater) and include a single 

HVAC system serving the entire home. Comparable homes in the neighborhood commonly 

utilize dual systems (two furnaces and two condensers). The single-system design results in 

uneven temperature distribution (hot/cold spots) and reflects standard—not upgraded—

mechanical design.

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H. Basement Ceiling and Framing 

• Engineered trusses, rafters and floor joists (no solid wood) 

• Basement ceiling height is not consistent 

• Approximately 65% of the ceiling is below 8 feet due to solid framing and 

mechanical routing 

• Lack of open-web floor trusses forces ducts and systems below framing members 

Conclusion: Reduced ceiling height and constrained mechanical layout indicate standard 

construction and reduce functional basement utility compared to higher-grade 

construction utilizing open-web truss systems. 

 

I. Exterior Materials 

• Approximately 75% vinyl siding 

• Approximately 20% cement board siding 

• Approximately 5% stone accents 

Conclusion: Predominantly non-premium exterior finishes inconsistent with higher-end 

classifications. 

 

J. Functional Living Area Utility Limitations 

The subject property includes upper-level bedrooms constructed within sloped roof areas. 

As previously noted, these rooms contain significant portions of floor area with ceiling 

heights below 5 feet, which do not qualify as usable living space. 

Each upper-level bedroom includes approximately 35 square feet of such non-usable area. 

In addition, the dwelling contains further non-functional space, including approximately 80 

square feet of storage area beneath the basement staircase with insufficient ceiling height, 

as well as minor voids created by framing. 

While these areas may be included within gross structural dimensions, they do not 

contribute to functional living area or utility. 

The presence of these non-usable and limited-height areas further demonstrates that the 

dwelling does not provide consistently full-height, fully functional living spaces due to 

reduced functional utility. Such conditions are inconsistent with the level of utility and 

quality associated with a B+10 classification and instead support classification consistent 

with Class B -5 or BC construction. 

(See Exhibit 12 – Interior Materials)

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K. Overall Classification 

The home demonstrates construction characteristics more consistent with Class B -5 or BC 

than with B+10 classification. 

 

VI. RECORD CARD ERRORS 

Waterfront Issue 

• The assessor’s record card identifies the subject property as “Waterfront” under 

“Topography of Site,” despite the property having no Lake Michigan frontage 

whatsoever. 

(See Exhibit 14 – Property Record Card) 

Building/Fixture Issue 

• Incorrect (3) fixture bathroom count (5 on record card vs. 4 in the home) 

• Nonexistent separate shower 

• Duplicate fence entries 

• Incorrect effective age 

• Overstated condition rating 

(See Exhibits 14 – Property Record Card, 15 – Fence/Property Features and 16 – 

Bathroom/Fixture Documentation) 

These errors further demonstrate that the assessment model incorporates inaccurate 

characteristics that improperly inflate building and land values. 

 

VII. VALUATION IMPACT 

Land Adjustment 

$65,000 reduction 

Classification Adjustment 

~$58,000 reduction (based on B+10 → B -5 conservative estimate; greater reduction possible 

under BC) 

Miscellaneous Corrections 

~$7,000 reduction

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Total Reduction 

≈ $130,000 

 

Revised Value 

TCV: $757,867 → $627,867 

SEV: $383,934 → $313,934 

 

VIII. REQUEST FOR RELIEF 

Petitioners respectfully request: 

1. Reduction of TCV to approximately $627,867; 

2. Adjustment of SEV accordingly; 

3. Reclassification of land to “Southwest of US 31”; 

4. Reclassification of improvements to Class B -5 or BC; 

5. Correction of all record card inaccuracies. 

 

IX. RECENT PURCHASE AND MARKET CONDITIONS 

Petitioners purchased the subject property in September 2025 for $1,300,000. 

While the transaction was arm’s-length, it does not reflect the “usual selling price” as 

defined under MCL 211.27. The purchase occurred under atypical market conditions, 

including a highly competitive bidding environment and limited housing supply in the Grand 

Haven area. The transaction occurred during a period of limited housing inventory and 

elevated buyer competition within the local market. After submission of the original offer, 

Petitioners were required to execute an escalation addendum in order to remain 

competitive in the bidding process and secure the property. Accordingly, the purchase price 

reflects unique market pressures and buyer competition rather than the intrinsic value of 

the property. 

Michigan law recognizes that a single sale price is not conclusive evidence of true cash 

value, particularly where the transaction is influenced by extraordinary or atypical 

conditions. Therefore, the Tribunal should rely on objective valuation factors—including 

proper land classification, accurate assessment of construction quality, and comparable 

properties—rather than the isolated purchase price.

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X. BOARD OF REVIEW ACTION CONFIRMS ERRORS BUT FAILS TO 

CORRECT UNDERLYING DATA 

Petitioners appeared before the Grand Haven Charter Township Board of Review on March 

10, 2026 and presented the evidence outlined in this appeal. 

On March 23, 2026, Petitioners received notice that the Board determined a value change 

was warranted and reduced the assessed value from $480,300 to $467,446. The written 

Board of Review determination specifically states that Petitioners "provided sufficient 

information to warrant value change." 

(See Exhibit 17 – Board of Review Decision Notice) 

During the March 10, 2026 Board of Review hearing, members of the Board indicated an 

apparent belief that the subject property possessed deeded access to Lake Michigan 

through the Buchanan Street road end. 

However, as demonstrated by the governing Settlement Agreement, Master Deed, HOA 

documents, and legal distinctions between the public and designated Intervenor properties, 

the subject property possesses no deeded, private, or legally enforceable lake access 

rights. 

This exchange further demonstrates that the property has been evaluated under a materially 

incorrect understanding of its actual legal access rights and market characteristics. 

However, the Township did not provide any explanation of how this revised value was 

calculated, nor were any corrections made to the underlying property record card. 

Upon inquiry, the Assessor confirmed that the Board adjusted the overall value but did not 

modify the factual data or classifications reflected in the record card. 

This creates an internally inconsistent assessment in which acknowledged valuation 

concerns remain embedded in the underlying assessment data and methodology. 

Because the underlying inaccuracies (including improper land classification, building 

classification, and factual errors) were not corrected, the revised assessment remains 

unsupported and does not reflect a properly derived true cash value. 

Accordingly, Tribunal review is necessary to ensure that the assessment is based on 

accurate data and proper appraisal methodology. 

 

XI. CONCLUSION 

The evidence presented demonstrates that the current assessment is not the product of a 

reliable or legally compliant valuation process. The Township applied an incorrect land 

table premised on nonexistent and extinguished lake-related attributes, assigned an

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unsupported B+10 building classification despite uniformly mid-grade construction, 

and maintained material inaccuracies within the record card even after acknowledging 

that a value change was warranted. 

Michigan law requires assessment at the property’s usual selling price based on actual 

rights and accurate data. Here, the assessment rests on assumptions that are factually 

and legally invalid. When corrected, the resulting value is materially lower and consistent 

with the market evidence and construction characteristics of the property. 

Accordingly, Petitioners respectfully request that the Tribunal: 

• Reduce the True Cash Value to approximately $627,867; 

• Adjust the State Equalized Value accordingly to approximately $313,934; 

• Reclassify the land under the “Southwest of US 31” land table; 

• Reclassify the improvements to Class B -5 or BC; and 

• Direct correction of all factual inaccuracies in the property record card. 

This relief ensures that the assessment reflects accurate data, proper methodology, and 

the property’s true market characteristics, as required under Michigan law. 

 

Respectfully submitted, 

 

 

 

Kevinn Donovan 

Tara Donovan

Page 16

Exhibit 

1 — Distance, Access 

Farthest from the 

shoreline compared 

to Juniper Hills - 

/ 

~800 vs. ~500 

i 

{ 

and Comparable Property Analysis Map 

Beach Woods - Standard Lot - 

Lake Michigan Influence - Land 

[-] 

fl 

Subject Property - No 

Deeded Access per Master 

Deed. 

No Direct street 

frontage with shared 

driveway off of Forest 

Beach Trail (shared with 

two adjacent lots). No 

direct access to Blue Water 

per Master Deed. Condo 

association with associated 

liabilities. 

Farthest lot from 

the water and longest drive 

to public beach access 

compared similar Juniper 

Hills Lots. No deeded or 

physical access to Lake 

Michigan 

Juniper Hills Subdivision - 

No Deeded Access, similar 

lot characteristics. No 

HOA or Condo. Each lot 

has street frontage. Each 

lot is valued at $110,000 

(South and West of 31) 

Vacated Sheldon Beach 

Park 

Vacated Sheldon Beach 

Subdivision 

Juniper Hills North - All lots 

have Deeded Access. 

All 

lots are Lake Michigan 

Influence valued at 

$175,000. 

= 

AND 

Table 8201.8201 

os 

Ey 

00D 

S07 

. 

ae 

br) 

0, 

| 

§ 

ow 

o 

oo 

8 

& 

EC 

- 

= 

|= 

= 

. 

3 

abith 

=n 

B- 

sun 

A 

Juniper Hills - Standard 

RS 

Lot - Southwest of US 31 

- 

Land Table 8302.8302 

2 

BE 

NO 

Lo 

EE 

— 

| — (or 

im 

Bn 

Him 

l 

EEE) ——{ soe 

ww 

5-4 

<Q 

ED 

—| 

(Fe 

am © 

_ aes 

CIE 

CIT 

0 = 

- 

oy 

Buchanan Road End - 

access is conditional, 

heavily regulated, and 

subject to closure. 

It is not 

deeded, not permanent, 

and not comparable to 

private access rights held 

by intervenor properties. 

O 

0 

O00 

0 

Driving distance (approx.) 

to Road End 

- Subject 

Property is farther at .77 

miles compared to the 

closest Juniper Hills 

property at .71 miles 

Subject property is farther from the access point in 

Intervenor Properties per 

Road End Settlement 

Agreement - Perpetual 

Deeded Access per 

Settlement Agreement 

real-world travel distance than comparable parcels not 

classified under Lake Michigan Influence. 

Vacated Sheldon Beach

Park

Vacated Sheldon Beach

Subdivision

Subject Property - No

Deeded Access per Master

Deed. No Direct street

frontage with shared

driveway off of Forest

Beach Trail (shared with

two adjacent lots). No

direct access to Blue Water

per Master Deed. Condo

association with associated

liabilities. Farthest lot from

the water and longest drive

to public beach access

compared similar Juniper

HIlls Lots. No deeded or

physical access to Lake

Michigan

Juniper Hills North - All lots

have Deeded Access. All

lots are Lake Michigan

Influence valued at

$175,000.

Juniper Hills Subdivision -

No Deeded Access, similar

lot characteristics. No

HOA or Condo. Each lot

has street frontage. Each

lot is valued at $110,000

(South and West of 31)

Beach Woods - Standard Lot -

Lake Michigan Influence - Land

Table 8201.8201

Juniper Hills - Standard

Lot - Southwest of US 31 -

Land Table 8302.8302

Farthest from the

shoreline compared

to Juniper Hills -

~800 vs. ~500

Buchanan Road End -

access is conditional,

heavily regulated, and

subject to closure. It is not

deeded, not permanent,

and not comparable to

private access rights held

by intervenor properties.

Intervenor Properties per

Road End Settlement

Agreement - Perpetual

Deeded Access per

Settlement Agreement

Driving distance (approx.)

to Road End - Subject

Property is farther at .77

miles compared to the

closest Juniper Hills

property at .71 miles

Subject property is farther from the access point in

real-world travel distance than comparable parcels not

classified under Lake Michigan Influence.

Exhibit 1 – Distance, Access, and Comparable Property Analysis Map

Page 17

~ "' ~· -. ·, 

STATE OF MICHIGAN 

THE CIRCUIT COURT FOR THE COUNTY OF OTTAWA 

DOUGLAS KOOL, 

Plaintiff, 

VS 

BOARD OF OTTAWA COUNTY 

ROAD COMMISSIONERS, a 

municipal corporation, and 

THE TOWNSHIP OF GRAND 

HAVEN, a municipal 

corporation, 

Defendants, 

and 

MARK WELCH, JUDY BREGMAN, 

JEFFREY HUGHES, NANCY HUGHES, 

At'JNA PONTONI, ROBERT RIEGLER, 

JULIE RIEGLER, CARL WASSON, 

KAREN WASSON, JEFFREY WILLS, 

LESLIE WILLS, DATUS ALLEN, MABEL 

ALLEN, DONALD BETTENDORF and 

SUSAN BETTENDORF, 

Defendant Intervenors. 

__________________________ .! 

Boyd A. Henderson (P-14865) 

i\!Iiller, Johnson, Snell & Cummiskey, P.L.C. 

Attorneys for Plaintiff 

250 Monroe, N.W. 

800 Calder Plaza Building 

Grand Rapids, MI 49503 

(616) 459-8311 

Philip R. Sielski (P-30314) 

Attorney for Township of 

Grand Haven 

234'/z Washington Street 

P.O. Box 281 

Grand Haven, MI 49417 

(616) 842-5210 

Case No. 94-20493-CH 

HON. MICHAEL E. KOBZA 

SETTLEMENT AGREEMENT 

James A. Bidol (P-1 0782) 

Cunningham Dalman, P.C. 

Attorneys for Defendant Board of Ottawa 

County Road Commissioners 

321 Settlers Road, P.O. Box 1767 

Holland, MI 49422-1767 

(616) 392-1821 

Judy E. Bregman (P-32252) 

Bregman & Welch 

Attorneys for 

Defendant Intervenors 

212 Washington, P.O. Box 885 

Grand Haven, MI 49417 

(616) 846-3145 

----------------------------------------------------~/ 

Exhibit 2 – Buchanan Road End Settlement Agreement

Page 18

SETTLEMENT AGREEMENT 

This Settlement Agreement is executed effectively this __ day of March, 1996, 

by and between Douglas Kool ("Kool"); Board of Ottawa County Road Commissioners 

("Ottawa"); Township of Grand Haven (the "Township"); Mark Welch; Judy Bregman; Jeffrey 

Hughes; Nancy Hughes; Anna Pontoni; Robert Riegler; Julie Riegler; Carl Wasson; Karen 

Wasson; Jeffrey Wills; Leslie Wills; Donald Bettendorf; Susan Bettendorf; Datus Allen; Mabel 

Allen; Martha Jane Quist and Gordon J. Quist. 

Preamble 

The purpose of this agreement is to resolve certain conflicting claims of the parties 

hereto with respect to the following described property which will herewith be referred to as the 

"Subject Property:" 

The North 33 feet of the Northeast fractional one-quarter of 

Section 20, Town 7 North, Range 16 West, Township of Grand 

Haven, Ottawa County, Michigan. 

This agreement will also provide for terms and conditions of settlement and 

dismissal of pending litigation described as Douglas Kool v Board of Ottawa County Road 

Commissioners and Township of Grand Haven et al. being Ottawa County Circuit Court Case 

No. 94-20493-CH ("Litigation"). The Litigation was brought by Kool, as plaintiff, against 

Ottawa and the Township to quiet title to the Subject Property following Kool's acquisition of 

fee simple title of the Subject Property from the Adolphia G. Ettinger Trust. Ottawa and the 

Township opposed Kool's claim alleging certain rights based upon the highway by user statute 

(MCLA 221.20) and common law dedication as more particularly described in the pleadings. 

2

Page 19

The remaining parties to this agreement, except for Martha Jane Quist ("Quist") 

and Gordon J. Quist, are individuals who own property on Buchanan Street lying west of 

Lakeshore Drive in Grand Haven Township who have intervened in the Litigation, claiming 

rights in the Subject Property by adverse possession and prescriptive easement as more 

particularly described in the pleadings. These individuals are herewith referred to as the 

"Intervenors." Quist is a party to this agreement for the reason that she owns certain property 

immediately adjacent to and north of the Subject Property which will be affected by this 

Agreement. Her husband is Gordon J. Quist who signs this Agreement to indicate his consent. 

Quist's property is currently subject to a judgment entered in Muller v Ottawa County Road 

Commission, Ottawa County Circuit Court, File No. 2249 (corrected judgment filed April26, 

1992) and is referred to herein as the "Quist Property," which is more particularly described as: 

The South 18 feet of that part of the South Fractional 112 of 

Section 17, Town 7 North, Range 16 West, described as 

commencing 139.26 feet West of the Southeast comer of said 

South Fractional 112, running thence North 183 feet, thence West 

413.2 feet to Lake Michigan, thence Southerly along said Lake to 

the South Section line, thence East to point of beginning, 

Township of Grand Haven, County of Ottawa, State of Michigan. 

Under the terms and conditions of this Agreement, the Subject Property and the 

Quist Property will be subject to common regulatory and supervisory requirements and will be 

jointly referred to as the "Roadend Property." 

Aereement 

In consideration of the above stated facts and the mutual covenants contained 

herein, it is agreed as follows: 

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1. 

Interests Of The Parties In Subject Property. The parties agree and 

acknowledge that Kool has fee simple title to the Subject Property subject to the interests of 

Ottawa, the Township and the Intervenors as specifically stated and defined in this Agreement. 

Ottawa, the Township and the Intervenors acknowledge and agree that they have no claim or 

interest in the Subject Property other than as stated in the terms and conditions of this 

Agreement. 

2. 

Perpetual Public Easement In Subject Property. The parties agree and 

acknowledge that Ottawa and the Township have a perpetual easement in the Subject Property 

for use by the public as a roadway or footpath to and from Lake Michigan for swimming, 

sunbathing, shore fishing and related activities thereto, subject to the terms and conditions of this 

Agreement. The public's use shall also include the right to consume food and beverages on the 

Subject Property but limited by the conditions and restrictions ofthis Agreement. 

3. 

Perpetual Public Easement In Quist Property. The Quist Property is 

subject to use by the Public as a roadway or footpath to and from Lake Michigan as provided in 

the Muller judgment. The Quists hereby agree that the Quist Property may also be used for 

swimming, sunbathing, shore fishing and related activities thereto, subject to the terms and 

conditions of this Agreement. The public's use shall also include the right to consume food and 

beverages on the Quist Property but limited by the conditions and restrictions of this Agreement. 

4. 

Fence and Gate. The Township shall construct at its expense a fence 

running north and south across the Roadend Property for the purpose of blocking access to Lake 

Michigan from Buchanan Street during the time periods specified in this Agreement. The fence 

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shall run from the south boundary line to the north boundary line of the Road end Property on 

a line two feet west of the asphalt paving for the parking area at the end of Buchanan Street. The 

fence shall be a steel, cyclone-type fence 8 feet high and shall provide access to Lake Michigan 

through a pedestrian gate that can be opened to permit access by emergency and maintenance 

vehicles as needed. The 8 foot fence shall also be extended west for a distance of 20 feet along 

the north and south boundary lines of the Roadend Property at the expense of the Township. The 

fence shall be maintained and replaced as necessary during the term of this Agreement by the 

Township. 

5. 

Additional Boundarv Fences. The Township, at its expense, shall also 

place and maintain steel roll fences along the north and south boundary lines of the Roadend 

Property which shall extend from the high water line of Lake Michigan east to the west end of 

the 8 foot fences that extend west along the north and south boundaries of the Roadend Property, 

as described above in paragraph 4. The Township will place and maintain appropriate signs on 

the boundary fences to inform the public that the property on the other side of the boundary 

fences is private property. 

6. 

Time of Use and Supervision. From May 15 through September 30 of 

each year, the Roadend Property will be closed to the public each night no later than 10:00 p.m. 

and reopened the next morning no earlier than 8:00 a.m. The Township shall provide at its 

expense a gatekeeper for the purpose of opening and closing the gate each day that the gate is 

required to be opened or closed as provided herein. The gatekeeper's responsibilities shall 

5

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include causing people to vacate the Roadend Property when the gate is closed. If necessary, 

the gatekeeper will call the appropriate police department for assistance. 

7. 

Parking Restrictions. Parking at the west end of Buchanan Street shall 

be limited to the parking area lying immediately east of the north-south fence described in 

paragraph 4 and to no more than eight (8) vehicles. The Township shall appropriately delineate 

the parking spaces by yellow lines or other appropriate markings. This parking area shall be 

closed to parking each day from 10:00 p.m. to 8:00a.m. In addition, subject to the necessary 

approval of the Michigan State Police Department, the Township and/or Ottawa shall cause both 

sides of Buchanan Street and Bluewater Road to be subject to 24-hour-a-day "No Parking" 

restrictions 7 days a week for a distance of 300 feet from the intersection of the center lines of 

the two roads. The "No Parking" restrictions shall be enforced by the Township by the issuance 

of violation tickets and, if necessary, by tow-away services. 

8. 

Restrictions on Use. The Township shall limit the use of the Roadend 

Property to no more than ninety (90) people at any one time. In addition, the Township shall 

apply and enforce, with respect to the Roadend Property, the rules and regulations as currently 

set forth in Township Ordinance No. 39, effective August 2, 1980, as presently amended. Rules 

and regulations shall also preclude possession or use of alcoholic beverages. 

9. 

Limitations on Facilities and Use. No improvements shall be made to 

or placed upon the Road end Property except for the fences described in Paragraphs 4 and 5, trash 

receptacles and improvements necessary to control erosion. The Roadend Property is not to be 

considered a park and the Township and Ottawa shall not encourage the public to use the 

6

Page 23

property. Accordingly, the Township and Ottawa shall not place or allow to be placed upon the 

Roadend Property items such as picnic tables, toilet facilities, running water, playground 

equipment, decking, or any other facilities for use by the public. Nor is the Roadend Property 

to be used by the public for vehicles of any kind including but not limited to all-terrain vehicles, 

snowmobiles or trailers. The Roadend Property is not to be a launching area for boats or jet skis 

or any other watercraft. Access to vehicles shall be limited to those vehicles necessary to effect 

erosion control under paragraph 11. 

10. 

Supervision ofRoadend Property. In addition to providing a gatekeeper 

as provided in paragraph 6, the Township will hire or assign a person ("Supervisor") 

commencing the third weekend of June and continuing through Labor Day Weekend for the 

purpose of assisting in the enforcement of the terms and conditions of this Agreement, including 

without limitation, the enforcement ofthe 90-person limit, the parking limitations and all other 

rules and regulations pertaining to the use of the Roadend Property. The Supervisor shall have 

authority to issue violation citations for illegal parking and unlawful activities, and to prevent 

entry to the Roadend Property when the 90-person limit has been met. 

The compensation paid 

to the Supervisor shall be offset by proceeds from civil infraction citations, including parking 

violations, issued to violators. If the proceeds from the citations are not sufficient to cover the 

compensation of the Supervisor, then the owner of the Subject Property will reimburse the 

Township for the cost not covered by such proceeds. During the effective period of this 

Agreement, the owner of the Subject Property and the Township shall, in good faith, attempt to 

confer and mutually agree upon the times and dates when the Supervisor will be on duty, it being 

7

Page 24

understood that the Supervisor's services would normally be required only on weekends and 

holidays. In the event mutual agreement cannot be reached between the owner of the Subject 

Property and the Township, or if the owner of the Subject Property should decide that the 

expense is unwarranted, then the owner of the Subject Property shall have the right, at his/her 

discretion, to modify the times when the Supervisor's services shall be provided by providing 

30 days notice to the Township. If the owner of the Subject Property fails, neglects or refuses 

to reimburse the Township for the compensation of the Supervisor as required herein, then the 

Township shall give written notice to the owner of the Subject Property that the Supervisor's 

services shall be terminated unless payment is received by the Township within fifteen ( 15) days 

ofthe mailing ofthe notice. If payment is not received by the Township by the specified date, 

the Township shall have no further obligation to provide the Supervisor, unless and until the 

Township and Kool reach a mutual agreement as to again providing the Supervisor. 

Notwithstanding the termination of the Supervisor's services, termination of the Supervisor 

would not abate or change the Township's responsibility of enforcement as provided in 

paragraph 8. 

11. 

Erosion Control. The Township shall be responsible for stabilizing the 

sand dunes and sandy areas and preventing their erosion and shall periodically repair damage 

caused by foot traffic and other uses of the Roadend Property. 

12. 

Township's Obligation To Enforce Agreement. Under this Agreement, 

the Township has the affirmative duty to fence and maintain the Roadend Property, to prevent 

and promptly repair damage to the fences and signs due to vandalism or other causes, to control 

8

Page 25

loud and obnoxious behavior of the public, to enforce and supervise the parking restrictions and 

restrictions on use of the Road end Property as set forth in paragraphs 7, 8, 9 and 10 of this 

Agreement. If the Township neglects its duties under this Agreement or if use by the public of 

the Roadend Property is determined to be unreasonable and violative of this Agreement, 

including the rules, regulations and ordinances applicable to the Roadend Property, then the 

owners of the Subject Property and/or the Quist Property shall have the right to enforce this 

Agreement as provided in paragraphs 13 and 14 herein. 

13. 

Rights Of Enforcement. It is acknowledged and agreed by the parties that 

violation by the Township or members of the public of the terms and conditions of this 

Agreement or the ordinance provisions relating to the use of the Roadend Property will result 

in immeasurable and irreparable harm to the owners of the Subject Property and the Quist 

Property, by diminishing or substantially eliminating their right to the peaceful and quiet 

enjoyment and use of their respective properties which lie adjacent to the Roadend Property. 

Accordingly, the owners of the Subject Property and/or the Quist Property shall have the right 

to enforce this Agreement by filing an appropriate action in Ottawa County Circuit Court 

seeking relief and/or recovery in law and equity, including the right to injunctive relief and 

damages or such other relief as may be determined appropriate by the Court. In the event the 

Court issues an injunction to enforce all or a portion of the terms and conditions of this 

Agreement and it is thereafter determined by the Court that the Township has failed or refused 

to comply with the provisions of the injunction or if it is determined by the Court that actions 

by members of the public have resulted in substantial violations of the injunction despite the 

9

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.· 

good faith efforts of the Township to regulate and control the use of the Roadend Property by 

members of the public, then the Court shall have the right and option to terminate this 

Agreement. 

14. 

Effect of Termination or Abandonment. In the event this Agreement 

is terminated or if the Township and/or Ottawa abandons its use of the Roadend Property, or any 

portion thereof, then: 

(a) 

Fee simple title of the Subject Property shall remain in the 

ownership of the owner of the Subject Property and any 

and all rights of the Township and/or Ottawa and the public 

under this Agreement or otherwise shall cease and be 

forever terminated. 

(b) 

Fee simple title to the Quist Property shall revert to the 

owner of the Quist Property and any and all rights of the 

Township and/or Ottawa and the public under this 

Agreement or otherwise to that property shall cease and be 

forever terminated. 

(c) 

All fences on the Roadend Property shall remain on the 

property and shall be owned by the owner of the property. 

Following termination or abandonment, neither the 

Township nor Ottawa shall have any further responsibility 

for upkeep or maintenance of the Roadend Property. 

(d) 

Notwithstanding the provisions ofsubparagraphs 14(a), (b) 

and (c) herein, termination of this Agreement or 

abandonment of the perpetual public easements granted 

under paragraphs 2 and 3 of this Agreement shall not affect 

that portion of the Subject Property lying east of the west 

line of Bluewater Road as described within the plat known 

as Sheldon Beach Subdivision and as that west line of 

Bluewater Road is extended to the south line of the 

Roadend Property, it being understood that this portion of 

the Roadend Property shall continue to be used for roadway 

purposes. 

10

Page 27

.· 

15. 

Dismissal or Administrative Closing of Litigation. All ofthe parties to 

the Litigation hereby consent to allow the Litigation to be administratively closed until October 

16, 1996 or, in the Court's discretion, to be dismissed in accordance with either the Order 

Administratively Closing Case, attached as Exhibit 1, or the Order of Dismissal, attached as 

Exhibit 2. The format of the proposed Orders are drafted to accommodate the intent of 

paragraph 16 herein. 

16. 

Termination Without Cause. Notwithstanding any and all of the 

provisions contained in the Agreement to the contrary, the owner of the Subject Property shall 

have the right, at his/her discretion, to terminate this Agreement and to reinstate the pending 

Litigation or to commence a separate legal action provided such action is taken or commenced 

on or before October 15, 1996. In the event such action is taken, then this Agreement and any 

activities, discussions, correspondence and any other events relating to the attempts of the parties 

to settle the Litigation shall have no bearing and specifically may not be submitted in evidence 

or considered by the Court with respect to the reopened or reinstated litigation or to any new case 

or legal action between the parties relating to the Roadend Property. 

17. 

Separate Agreement Between Kool and Intervenors. During the term 

of this Agreement, the Intervenors shall be considered members of the public and shall be 

subject to the restriction~ relating to use of the Roadend Property as set forth in this Agreement. 

If this Agreement is terminated or abandoned, then the Intervenors or their successors in interest 

will be allowed to use the Subject Property as a footpath for access to and from Lake Michigan, 

including the right to use such property for swimming, sunbathing, and shore fishing, subject to 

11

Page 28

the terms and conditions of an easement granted by Kool to the Intervenors concurrently with 

this Agreement. 

18. 

Real Estate Taxes. During the term of this Agreement, the Roadend 

Property will not be subject to real estate property taxes and accordingly will not be assessed to 

the owners of the property for the reason that the property is subject to the use of the public as 

provided by the terms and conditions of this Agreement. 

19. 

Recording of Agreement. This Agreement shall be executed in a form 

appropriate for recording with the Ottawa County Register of Deeds Office and shall be so 

recorded. 

20. 

Successors In Interest. This Agreement shall apply for the benefit of and 

shall be binding upon the parties hereto and their respective heirs, successors in interest and 

assigns with respect to the Roadend Property and shall run with the land. The parties, including 

the Township, agree and acknowledge that Ottawa may relinquish jurisdiction or transfer legal 

responsibility for the Subject Property to the Township. 

21. 

Enforceabilitv Of Agreement. This Agreement shall be subject to and 

conditioned upon the enforceability of the provisions of this Agreement as a matter of law. In 

the event it is determined that this Agreement is unenforceable as to the Township or Ottawa, 

then this Agreement shall be void and of no effect. In such event, the affect of this Agreement 

and the negotiations leading up to the Agreement shall be treated in the same manner as if the 

Agreement were terminated under paragraph 16. 

12

Page 29

22. 

Execution of Agreement bv Kathy J. Kool. This Agreement is executed 

by Kathy J. Kool, wife of Douglas Kool, to acknowledge her full consent with the terms and 

conditions of this Agreement. 

Witnesses: 

Douglas Kool 

Kathy J. Kool 

BOARD OF OTTAWA COUNTY 

ROAD COMMISSIONERS 

By /:;?iL.£6?../£~ 

/Its /l;/4 "~" "-.,./""" ZJ.. •. ·cc jcl_.-./ 

/ 

I 

TOWNSHIP OF GRAND HAVEN 

By (2L7Z_4 

.~ 

/Z:L...-.II<y , t.> Cr t'E?/VIftl/L 

13

Page 30

-1- 

GRAND HAVEN CHARTER TOWNSHIP BOARD 

MONDAY, MAY 24, 2021 

 

WORK SESSION – 6:00 P.M. 

1. The Board discussed state legislation on Short Term Rentals (STRs) and instructed staff to 

email Senator Victory and Representative Lily and express the Township’s opposition to 

SB 446 and HB 4722. Further, Manager Cargo was instructed to prepare a resolution 

opposing this same for consideration at the June 14th Board meeting. 

 

2. Attorney Bultje completed a review of the Buchanan Street Road End Agreement – 

focusing on certain questions or statements recently received by the Township. 

 

Certain items noted included the following: 

a. The 90-person limit is not a requirement to allow 90 into the road end. 

b. The road end can be closed by the Township for public safety reasons. 

c. The Township cannot construct structures on the right-of-way (e.g., stairs). 

d. Erosion maintenance is not limited to the foot path. 

e. Parking restrictions can be limited by the State Police. 

f. The high lake levels and the resulting hardships (e.g., closing of the road end, 

erosion concerns, etc.) are a shared community burden. 

g. The dune to the lake and the redevelopment of the beach will recover at its own 

natural pace. 

h. the use excavating equipment (e.g., bulldozers) to modify the slope would have a 

high likelihood of destabilizing the current dune and causing further erosion that 

could impact adjacent property owners. 

 

The Board noted that it would not pursue the option of placing 2,000 cubic yards of sand 

on the road end to create a slope to the water. 

 

The Board noted that it supported the decision to keep the road end closed due to safety 

concerns. 

 

 

REGULAR MEETING 

 

I. 

CALL TO ORDER 

Supervisor Reenders called the regular meeting of the Grand Haven Charter Township 

Board to order at 7:00 p.m. 

 

II. 

ROLL CALL 

Board members present: 

Reenders, Larsen, Kieft, Redick, Meeusen, Behm, 

Wagenmaker 

Board members absent: 

 

 

Also present was Manager Cargo, Human Resources Director Dumbrell, Finance Director 

Sandoval, and Community Development Director Fedewa. 

 

Exhibit 3 – Evidence of Buchanan Road End Closure and Restricted Access

Page 31

-2- 

III. 

STATEMENT ON REMOTE MEETING 

It was noted that the Township Board was meeting remotely on the Zoom platform because 

of health concerns associated with COVID-19 pandemic. Information on this remote 

meeting has been posted so that the public may participate. All elected officials present 

noted that they are meeting remotely and are located within Grand Haven Charter 

Township, except for Supervisor Reenders who is in Grand Haven City and Trustee Redick 

who is in Grand Rapids. 

 

IV. 

APPROVAL OF MEETING AGENDA 

Motion by Trustee Meeusen and seconded by Trustee Wagenmaker to approve the meeting 

agenda. Which motion carried pursuant to the following roll call vote: 

Ayes: 

Larsen, Wagenmaker, Kieft, Meeusen, Redick, Behm, Reenders 

 

Nays: 

Absent: 

 

 

V. 

PUBLIC COMMENTS – (Agenda Items Only) 

Supervisor Reenders announced that a period for public comments on agenda items was 

now opened. 

 

Manager Cargo noted that if a person would like to comment on an Agenda Item Only, 

please click “Raise Hand” at the bottom of your screen or press Alt+Y. The Zoom 

moderator (i.e., Fedewa) will unmute you when it is your turn to speak. Comments will 

be limited to three (3) minutes. 

 

There being no public comments, Supervisor Reenders announced that the period for public 

comments on agenda items was now closed. 

 

VI. 

APPROVAL OF CONSENT AGENDA 

1. Approve May 10, 2021, Regular Board Minutes 

2. Approve Payment of Invoices in the Amount of $257,210.02 (A/P checks of 

$144,388.55 and payroll of $112,821.47) 

3. Approve Municipal Consulting – Compensation & Benefits Study ($15,000±) 

4. Approve Jackson-Merkey Contractors, Inc. Bid ($682,232) for Hofma Park Pump 

Station Forcemain Relocation Project 

5. Approve DDA Bid Documents for Rosy Mound Pathway Project 

 

Motion by Treasurer Kieft and seconded by Trustee Behm to approve the items listed 

on the Consent Agenda. Which motion carried, pursuant to the following roll call 

vote: 

Ayes: 

 Kieft, Reenders, Meeusen, Behm, Wagenmaker, Larsen, Redick 

Nays: 

Absent: 

 

 

VII. 

OLD BUSINESS 

1. Motion by Clerk Larsen and seconded by Trustee Meeusen to approve Resolution 21-

05-02, which authorizes the Township to borrow money and issue bonds known as 

“2021 Parks Improvement Bonds” in the aggregate principal sum $6,140,000 pursuant

Page 32

-3- 

to the provisions of Act 34 for the purpose of defraying part of the cost of the Parks 

Improvements project, which includes the initial phase of the Schmidt Heritage Park. 

Which motion carried, pursuant to the following roll call vote: 

Ayes: 

Kieft, Reenders, Meeusen, Behm, Wagenmaker, Larsen, Redick 

Nays: 

Absent: 

 

 

VIII. NEW BUSINESS 

1. Motion by Treasurer Kieft and seconded by Trustee Redick to approve Resolution 21-

05-03, which approves MNRTF Land Acquisition Grant #TF20-0148 and authorizes 

the Township Superintendent to execute said agreement. Which motion carried, 

pursuant to the following roll call vote: 

Ayes: 

Wagonmaker, Larsen, Kieft, Reenders, Behm, Meeusen, Redick 

Nays: 

Absent: 

 

 

2. Motion by Trustee Redick and seconded by Trustee Behm to approve Resolution 21-

05-04, which approves MNRTF Development Grant #TF20-0154 and authorizes the 

Township Superintendent to execute said agreement. Which motion carried, pursuant 

to the following roll call vote: 

Ayes: 

Meeusen, Behm, Larsen, Kieft, Redick, Wagonmaker, Reenders 

Nays: 

Absent: 

 

 

3. Motion by Trustee Meeusen and seconded by Trustee Redick to approve Resolution 

21-05-05 approving a one-year license agreement with Arrowaste, Inc. for waste 

collection and hauling services in Grand Haven Charter Township. Which motion 

carried, pursuant to the following roll call vote: 

Ayes: 

Reenders, Kieft, Behm, Meeusen, Larsen, Redick, Wagonmaker 

Nays: 

Absent: 

 

 

4. Motion by Treasurer Kieft and seconded by Trustee Behm to approve the modified 

low bid from APEX Contractors not-to-exceed $421,600 and to authorize the 

Superintendent to execute the proposed construction contract. This decision was made 

because the original bid cost was reduced by $91,400 through direct negotiation and 

because the Township wants to retain the $140,000 federal grant toward the project. 

Which motion carried, pursuant to the following roll call vote: 

Ayes: 

Redick, Meeusen, Kieft, Wagenmaker, Larsen, Reenders, Behm 

Nays: 

Absent: 

 

 

IX. 

REPORTS AND CORESPONDENCE 

a. Committee Reports 

i. None 

b. Manager’s Report, which included: 

i. April Public Services Report.

Page 33

-4- 

ii. March Legal Review 

iii. Manager Cargo noted that the Ottawa County Board of Commissioners will discuss 

extending the local state of emergency past May 25th at Tuesday’s meeting. 

Further, in-person Township meetings will begin in June. 

c. Others 

i. Trustee Wagenmaker asked for an update on the Board priority to pave gravel roads. 

Manager Cargo noted that the Road Commission’s top priorities included 168th 

Avenue north of Lake Michigan Drive and 152nd Avenue north of Lincoln Street to 

Buchanan Street. However, nothing further will be done in 2021 until the beginning 

of the FY2022 budget process. 

 

XI. 

PUBLIC COMMENTS 

Supervisor Reenders announced that a period for public comments on non-agenda items 

was now opened. 

 

Supervisor Reenders noted any person would like to comment on a non-agenda item only, 

please click “Raise Hand” at the bottom of your screen or press Alt+Y. The Zoom 

moderator will unmute you when it is your turn to speak. Comments will be limited to 

three (3) minutes. 

 

1. Edward Everhart (12087 Bluewater Road) wants to ensure there is notification before 

any modification to the Buchanan Street road end agreement. 

 

2. Denise Smith (1251 Forest Beach Trail) values the Buchanan Street road end and 

expressed concern regarding the damage that occurred with the 2020 permits for rock 

revetment projects. 

 

3. Anthony St. Aubin (11680 Lakeshore Drive) supports the Buchanan Street road end 

and would like to see the re-opening occur. 

 

4. Marcie Barber (11840 Lakeshore Drive) supports the Buchanan Street road end and 

would like to see the re-opening occur. 

 

There being no further public comments, Supervisor Reenders announced that the period 

for public comments on agenda items was now closed. 

 

XII. 

ADJOURNMENT 

Motion by Clerk Larsen and seconded by Trustee Wagenmaker to adjourn the meeting at 

7:56 p.m. Which motion carried, pursuant to the following roll call vote: 

Ayes: 

 

Nays: 

Absent:

Page 34

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5 Updates

The Issue

Grand Haven Township is knowingly disregarding compliance to the 1996

Kool vs Grand Haven Township - Ottawa County Road Commission

Settlement Agreement regarding public access to Lake Michigan via the

Buchanan Roadend Property.

Per Section 2.  Perpetual Public Easement In Subject Property - "Ottawa

and the Township have a perpetual easement in the Subject Property for

use by the public as a roadway or footpath to and from Lake Michigan,..."

Per Section 6.  Time of Use and Supervision - "From May 15 through

September 30 of each year, the Roadend Property will be closed to the

public each night no later than 10:00 p.m. and reopened the next morning

no earlier than 8:00 a.m."

5/21/26, 1:37 PM

Petition · Open Buchanan Beach Access Compliant to Kool vs Grand Haven Township - United States · Change.org

https://www.change.org/p/open-buchanan-beach-access-compliant-to-kool-vs-grand-haven-township

1/16

Exhibit 3 – Evidence of Buchanan Road End Closure and Restricted Access

Page 35

Per Section 8.  Restrictions on Use - The Township shall limit the use of

the Roadend Property to no more than ninety (90) people at any one time."

Per the Settlement Agreement the Roadend Property should be open 365

days a year with limited access between May 15 through September 30

from 8:00 a.m. to 10:00 p.m.

Report a policy violation

David Jerovsek

Petition Starter

Petition Updates

Media inquiries

5/21/26, 1:37 PM

Petition · Open Buchanan Beach Access Compliant to Kool vs Grand Haven Township - United States · Change.org

https://www.change.org/p/open-buchanan-beach-access-compliant-to-kool-vs-grand-haven-township

2/16

Page 36

Good Stewards of Buchanan Beach

New

4 years ago • David Jerovsek, Petition Starter

Please remind your friends and neighbors to respect the owners of the property along Buchanan and at the Road End.

We all need to do our part to maintain our access to Lake Michigan.   This p…

Read full update

Buchanan Beach is Open!!

4 years ago • David Jerovsek, Petition Starter

The Grand Haven Township agreed to open the beach per the settlement agreement beginning immediately!!! Thank

you for your support!!!

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5/21/26, 1:37 PM

Petition · Open Buchanan Beach Access Compliant to Kool vs Grand Haven Township - United States · Change.org

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Page 37

-1-

GRAND HAVEN CHARTER TOWNSHIP BOARD 

MONDAY, JULY 14, 2025 

 

REGULAR MEETING 

 

I. 

CALL TO ORDER 

The regular meeting of the Grand Haven Charter Township Board to order at 7:00 p.m. 

 

II. 

PLEDGE TO THE FLAG 

 

III. 

ROLL CALL 

Board members present: 

Larsen, Behm, Gaasch, Kieft, Reenders, and Wagenmaker 

Board members absent: 

Dumbrell 

 

Also present were Superintendent Cargo, Assistant Manager Sherwood, and Public 

Services Director Wade. 

 

IV. 

APPROVAL OF MEETING AGENDA 

Motion by Trustee Wagenmaker and seconded by Trustee Gaasch to approve the meeting 

agenda. Which motion carried. 

 

V. 

APPROVAL OF CONSENT AGENDA 

1. Approve June 23, 2025, Regular Board Minutes 

2. Approve Payment of Invoices in the amount of $928,073.19 (A/P checks of 

$607,206.33 and payroll of $320,866.86 

3. Approve Low Bid from L&T Painting Company for the West Water Tank Paint and 

Repair Project ($222k) 

4. Approve Hire of Two (2) Part-Time Fire Fighters - Beau Ruster & Brayden Fitchett 

 

Motion by Treasurer Kieft, seconded by Clerk Larsen to approve the items listed on the 

Consent Agenda. Which motion carried. 

 

VI. 

OLD BUSINESS 

1. Motion by Trustee Gaasch, supported by Clerk Larsen to authorize the Township 

Public Services Director to execute the contract documents with the Ottawa 

Conservation District for the Hemlock Woolly Adelgid (HWA) survey and treatment 

project, with costs not to exceed $53,670 in Fiscal Year 2025 and $91,200 in Fiscal 

Year 2026. Which motion carried. 

 

VII. 

NEW BUSINESS 

1. Motion by Trustee Wagenmaker, supported by Trustee Behm to cancel the regularly 

scheduled July 28th Board meeting and instruct staff to post the cancellation pursuant 

to the Open Meetings Act and, on the Township, social media sites. Which motion 

carried. 

 

Exhibit 3 – Evidence of Buchanan Road End Closure and Restricted Access

Page 38

-2-

 

VIII. REPORTS AND CORESPONDENCE 

1. Committee Reports 

➢ Trustee Behm noted that NORA would be holding “Cheers For A Cause” 

Fundraiser at The Unicorn Tavern on Tuesday, July 15th starting at 6:00 p.m. 

2. Manager′s Report 

a. June Building Report 

b. June Enforcement Report 

3. Other 

 

IX. 

PUBLIC COMMENTS 

1. Robert Morris (17574 Buchanan Street) expressed concerns regarding the Buchanan 

Street Road end (e.g., trash overflow, parking, overcrowding, erosion, ordinance 

enforcement, and inappropriate behavior) and expressed a willingness to work with 

the Township to amend the existing 1996 Court Order Settlement Agreement. 

 

The Board instructed staff to (1) contact the Visitor Bureau to have the Buchanan Street 

road end removed from their list of “beaches”; (2) have the F/R department ensure that 

during periods of congested parking that fire apparatus can access both Buchanan and 

Blue Water and access the hydrants; (3) that Public Services will continue to empty the 

trash on a regular basis; and (4) will evaluate whether erosion control should be started 

prior to the end of the summer season. 

 

X. 

ADJOURNMENT 

Motion by Clerk Larsen and seconded by Trustee Behm to adjourn the meeting at 7:30 

p.m. Which motion carried. 

 

Respectfully Submitted, 

 

 

Laurie Larsen 

Grand Haven Charter Township Clerk 

 

 

Mark Reenders 

Grand Haven Charter Township Supervisor

Page 39

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Page 40

8 0 4 0 1 7 9

Tx:4024720

2/15/2010 4:47:00 I

MASTER DEEP

BEACH WOODS

(Act 59, Public Acts of 1978)

as amended

Ottawa County Condominium Subdivision Plan

(1) 

Master Deed establishing Beach Woods, a Residential Site Condominium Project.

(2) 

Exhibit A to Master Deed: Condominium Bylaws of Beach Woods.

(3) 

Exhibit B to Master Deed: Condominium Subdivision Plan for Beach Woods.

(4) 

Exhibit C to Master Deed; Affidavit of Mailing as to Notices required by Section

71 of the Michigan Condominium Act.

No interest in real estate being conveyed hereby, no revenue stamps are required.

This Instrument Drafted by

And when Recorded Return to:

Robert W. Scott

MILLER JOHNSON

250 Monroe NW, Suite 800

Grand Rapids, Michigan 49503

616/831-1700

Exhibit 5 – Master Deed

Exhibit 5 contains relevant excerpts from the recorded Beach Woods Master Deed, Condominium

Bylaws, and Condominium Subdivision Plan pertaining to:

*extinguishment of Sheldon Beach rights,

*lack of lake-access rights,

*shared driveway and limited common element obligations,

*frontage and access limitations,

*and private road maintenance responsibilities.

Irrelevant administrative, organizational, and procedural provisions have been omitted for brevity.

Page 41

MASTER BEEP

BEACH WOODS

(Act 59, Public Acts of 1978)

as amended

This Master Deed is made and executed effective this /£sday of February, 2010, by

MERRITT LAND COMPANY, L.L.C., a Michigan limited liability company, of 171 Lakeside

Drive SE, Grand Rapids, Michigan 49506 (the "Developer"), pursuant to the provisions of the

Michigan Condominium Act, being Act 59 of the Public Acts of 1978, as amended (the "Act").

PREAMBLE

1. 

The Developer is engaged in the development of a residential site condominium

project to be known as Beach Woods (the "Project"), pursuant to development plans approved

by the Charter Township of Grand Haven, Ottawa County, Michigan, on a parcel of land

described in Article II of this Master Deed (the "Real Property"); and

2. 

The Developer desires, by recording this Master Deed together with the

Condominium Bylaws attached to this Master Deed as Exhibit A and the Condominium

Subdivision Plan attached as Exhibit B (both of which are hereby incorporated by reference and

made a part of this Master Deed), to establish the Real Property, together with the improvements

located and to be located thereon and the appurtenances thereto, as a condominium project under

the provisions of the Act;

3. 

The Developer does, upon the recording of this Master Deed, establish Beach

Woods as a residential site condominium project under the Act and does declare that the Project,

after being so established, shall be held, conveyed, hypothecated, encumbered, leased, rented,

occupied, improved, or in any other manner utilized, subject to the provisions of the Act, and to

the covenants, conditions, restrictions, uses, limitations, and affirmative obligations set forth in

this Master Deed, all of which shall be deemed to run with the land and shall be a burden on and

a benefit to the Developer, its successors and assigns, and to any persons acquiring or owning an

interest in the Real Property, their grantees, successors, heirs, executors, administrators and as-

signs. In furtherance of the establishment of the Project, it is provided as follows:

ARTICLE I

NATURE OF PROJECT

The Project is a residential site condominium which is comprised of nineteen (19)

residential Condominium Units. The Condominium Units which comprise the Project, including

the number, boundaries, dimensions and area thereof, are set forth completely in the

Condominium Subdivision Plan attached as Exhibit B, and each such Unit is capable of

individual utilization by reason of having its own entrance from and exit to a public road and/or a

common element of the Project. Each Co-owner in the Project shall have a particular and

exclusive property right to his Unit and to the Limited Common Elements appurtenant thereto,

Page 42

and shall have an undivided and inseparable right to share with other Co-owners in the General

Common Elements of the Project as designated by this Master Deed.

ARTICLE II

LEGAL DESCRIPTION

The land upon which the Project is situated, and which is hereby submitted to

condominium ownership pursuant to the provisions of the Act, is located in Grand Haven

Township, Ottawa County, Michigan, and is described as follows:

Part of Sheldon Beach Subdivision (Liber 8 of Plats, Page 12), part of the SW 1/4,

Section 16, T7N, R16W, Grand Haven Township, Ottawa County, Michigan, described

as: Commencing at the SW corner of Lot 13, Sheldon Beach Subdivision; thence

NOO°13'07"E 10.00 feet to the North line of Buchanan Street and the Place of Beginning

of this description; thence NOO°13'07"E 1233.60 feet along the East line of Blue Water

Road to the South line of Beach Road (43 feet wide); thence N89°23'00"E 1036.27 feet

along said South line to the Westerly line of Lakeshore Avenue; thence Southerly 183.92

feet along said Westerly line on a 6671.12 foot radius curve to the left, the chord of

which bears S08°10'51"W 183.92 feet; thence S07°23'28"W 1071.00 feet along said

Westerly line to the North line of Buchanan Street; thence S89°57'39"W 202.01 feet

along said North line to the East line of Lot 21, Sheldon Beach Subdivision; thence

NOO°14'14"E 138.39 feet to the NE corner of said Lot 21; thence S89°23W'W 150.00

feet to the SE corner of Lot 30, Sheldon Beach Subdivision; thence NOO°11'03"E 50.00

feet along the East line of said Lot 30; thence S89°23 WW 

150.00 feet to the West line

of Lot 31, Sheldon Beach Subdivision; thence SOO°13'07"W 185.36 feet along said West

line and the West line of Lot 18, Sheldon Beach Subdivision, to the North line of

Buchanan Street; thence S89°57'39"W 375.00,feet along said North line to the place of

beginning; 

r 

._ A^ - 

- 

.V

subject to and together with the easements described in this Master Deed and the Condominium

Subdivision Plan attached to this Master Deed as Exhibit B. Lake Drive Way lying west of Blue

Water Road and Sheldon Beach Park as shown on the original plat map of Sheldon Beach

Subdivision have been vacated pursuant to a Consent Judgment entered by the Circuit Court for

the County of Ottawa on November 12,2009 and recorded November 25, 2009 in Document No,

2009-0046543, Ottawa County, Michigan. Co-owners of Units in the Condominium have no

rights or interest in either Lake Drive Way or Sheldon Beach Park and by their acceptance of the

conveyance of a Unit in the Condominium expressly release any and all rights such Co-owner

may otherwise have in either Lake Drive Way or Sheldon Beach Park.

ARTICLE III

assessments for the five years precedtna_^£O£2-~

involving lands in Ms instrument

DEFINITIONS

Certain terms are utilized not only in this Master Deed but are or may be used in various

other instruments such as, by way of example and not limitation, the Articles of Incorporation,

Association Bylaws and Rules and Regulations of the Association (as hereafter defined) and

Page 43

deeds, mortgages, liens, land contracts, easements and other instruments affecting the

establishment of, or transfer of, interests in Beach Woods as a Condominium. As used in such

documents, unless the context otherwise requires, the terms set forth below shall be defined as

follows:

(a) 

"Act" or "Condominium Act" means the Michigan Condominium Act,

being Act 59 of the Public Acts of 1978, as amended.

(b) 

"Affiliate of the Developer" means any person who controls, is controlled

bys or is under common control with the Developer. A person is controlled by another

person if the person is a general partner, officer, member, director, or employee of the

person, directly or indirectly, individually or with 1 or more persons or subsidiaries owns,

controls, or holds power to vote more than 20% of the person, controls in any manner the

election of a majority of the directors of the person, or has contributed more than 20% of

the capital of the person.

(c) 

"Arbitration Association" means the American Arbitration Association

or its successor.

(d) 

"Association of Co-Owners" or "Association" means the non-profit

corporation organized under the laws of Michigan of which all Co-owners shall be

members, which corporation shall administer, operate, manage and maintain the Project.

Any action required of or permitted to the Association shall be exercisable by its Board

of Directors unless specifically reserved to its members by the Condominium Documents

or the laws of the State of Michigan.

(e) 

"Association Bylaws" means the corporate bylaws of the Association.

(f) 

"Common Elements", where used without modification, means the

portions of the Project other than the Condominium Units, including all General and

Limited Common Elements described in Article IV of this Master Deed.

(g) 

"Condominium Bylaws" means Exhibit A to this Master Deed, being the

bylaws setting forth the substantive rights and obligations of the Co-owners, which form

a part of this recorded instrument.

(h) 

"Condominium Documents" means and includes this Master Deed and

all exhibits to this Master Deed recorded pursuant to the Act, and any other instrument

referred to in this Master Deed which affects the rights and obligations of a Co-Owner in

the Condominium, including, but not limited to, the Association Articles and Bylaws and

any rules and regulations of the Association.

(i) 

"Condominium Premises" or "Real Property" means the land described

in Article II above, as the same may be amended, all improvements and structures located

or to be located thereon, and all easements, appurtenances and other rights belonging to

Beach Woods as described in this Master Deed.

Page 44

(t) 

"Residential Builder" is a person licensed as a residential builder under

article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.

(u) 

"Transitional Control Date" means the date on which a Board of

Directors for the Association takes office pursuant to an election in which the votes that

may be cast by eligible Co-owners unaffiliated with the Developer exceed the votes

which may be cast by the Developer.

Whenever any reference in this Master Deed is made to one gender, the same shall

include a reference to any and all genders where the same would be appropriate; similarly,

whenever a reference is made in this Master Deed to the singular, a reference shall also be

included to the plural where the same would be appropriate.

ARTICLE IV

COMMON ELEMENTS

The Common Elements of the Project as depicted in Exhibit B, and the respective

responsibilities for maintenance, repair and replacement thereof are as follows:

A. 

The General Common Elements are:

(1) 

The land described in Article II of this Master Deed not otherwise

designated as Units or Limited Common Elements, including any easement interests of

the Condominium in the land provided to it for ingress and egress, drainage, utility and/or

other purposes;

(2) 

The roadway, walkways, lawns, trees, shrubs, entry sign (if any) and other

plantings and improvements located on the common areas of the Project other than those

located on Limited Common Elements;

(3) 

All other Common Elements of the Project not designated in this Master

Deed as Limited Common Elements, which are not enclosed within the boundaries of a

Condominium Unit, and which are intended for common use or are necessary to the

existence, upkeep or safety of the Project and all other General Common Elements noted

on the Condominium Subdivision Plan;

(4) 

The electrical transmission system throughout the Project up to the point

of lateral connection with a Limited Common Element now or hereafter constructed

within a Unit;

(5) 

The telephone system throughout the Project up to the point of connection

with a Limited Common Element now or hereafter constructed within a Unit;

(6) 

The gas distribution system throughout the Project up to the point of

connection with a Limited Common Element now or hereafter constructed within a Unit;

Page 45

(7) 

The water distribution system throughout the Project, up to the point

where the service is stubbed for connection with a Limited Common Element that is now

or hereafter is constructed within a Unit;

(8) 

The sanitary sewer system, if any, throughout the Project, up to the point

where the sewer is stubbed for connection with a Limited Common Element that is now

or hereafter is constructed within a Unit;

(9) 

The storm drainage system throughout the Project;

(10) 

The telecommunications system, if and when it may be installed, up to,

but not including, connections to Limited Common Elements to provide service to each

residential dwelling that now or hereafter is constructed within a Unit; and

(11) 

The drainage and utility easements shown on the Condominium

Subdivision Plan.

Some or all of the utility and/or cable television lines, systems (including mains

and service leads) and equipment may be owned by the local public authority or by a

utility or cable television company that is providing the pertinent service. Accordingly,

such utility and or cable television lines, systems and equipment shall be General

Common Elements only to the extent of the Co-owners' interest therein, if any, and

Developer makes no warranty whatsoever with respect to the nature or extent of such

interest.

B. 

The Limited Common Elements are:

(1) 

The pipes, ducts, wiring and conduits supplying sanitary sewer (if any),

telecommunications, electricity, gas, water, telephone, cable television (if any) and/or

other utility service to or from a Unit, up to the point of lateral connection with a General

Common Element of the Project or public or private utility line;

(2) 

The land located within Unit boundaries, from a point twenty (20) feet

below the surface thereof and the air space from a point thirty-five (35) feet above the

surface thereof, as shown on the Condominium Subdivision Plan attached as Exhibit B;

(3) 

The driveway between a Unit and the paved portion of Forest Beach Trail

as shown on the Condominium Subdivision Plan, hi this regard, the Limited Common

Element noted on the Condominium Subdivision Plan as providing a common driveway

for Units 2, 3 and 4 is a Limited Common Element appurtenant to those Units only.

C. 

Responsibility for the maintenance, repair and replacement of the Common

Elements will be as follows:

(1) 

The costs of maintenance, repair and replacement of the Limited Common

Elements described in Article IV.B(l) and (3) (including snow and ice removal from

driveways) shall be the responsibility of the Co-owner(s) of the Unit or Units to which

such Limited Common Elements are appurtenant.

Page 46

(2) 

Unit owners shall also be responsible for the maintenance, repair and

replacement of all structures, improvements, and landscaping erected, placed or located

within the Unit and any appurtenant Limited Common Element, including any portions

thereof which may extend beyond Unit boundaries; provided, that the exterior appearance

of all structures and yard areas, to the extent visible from any other Unit or General

Common Element, shall be subject at all times to the written approval of the Association

and to such reasonable aesthetic and maintenance standards as may be prescribed by the

Association in duly adopted rules and regulations.

(3) 

The cost of maintenance, repair and replacement of all Common Elements

(including snow and ice removal from Forest Beach Trail) other than as described above

shall be borne by the Association, except to the extent of repair or replacement due to the

act or neglect of a Co-owner or his agent, invitee, family member or pet or its agent,

employee, invitee or contractor shall be the responsibility of and be paid by the Co-owner

upon demand and, if not so paid, may be collected as provided in subparagraph (4) of this

Article IV.C below. Notwithstanding any other provision of the Master Deed or the

Condominium Bylaws, the Association shall be obligated to maintain all private roads,

including proper snow removal, which directly service the Units upon which dwellings

are constructed so that such roads shall be readily accessible to emergency vehicles.

(4) 

While it is intended that each Co-owner will be solely responsible for the

performance and cost of the maintenance, repair and replacement of the residence and all

other appurtenances and improvements constructed or otherwise located within a Unit, it

is nevertheless a matter of concern that a Co-owner may fail to properly maintain the

exterior of his residence or any Limited Common Element appurtenant thereto in a proper

manner and in accordance with the standards set forth by the Association. In the event a

Co-owner fails, as required by this Master Deed, the Condominium Bylaws or any rules

or regulations promulgated by the Association, to properly and adequately decorate,

repair, replace or otherwise maintain his Unit or any improvement or appurtenance

located therein or any Limited Common Element appurtenant thereto, the Association

(and/or the Developer during the Development and Sales Period), shall have the right, but

not the obligation, to undertake such regularly recurring, reasonably uniform, periodic

exterior maintenance functions with respect to residences or other improvements

constructed or installed within any Unit boundary as it may deem appropriate (including

without limitation painting or other decoration, lawn mowing, snow removal and tree

trimming). Failure of the Association (or the Developer) to take any such action shall not

be deemed a waiver of the Association's (or Developer's) right to take any such action at

a future time. All costs incurred by the Association or the Developer in performing any

responsibilities which are required in the first instance to be borne by a Co-owner shall be

charged to the affected Co-owner or Co-owners on a reasonably uniform basis and

collected in accordance with the assessment procedures established by the Condominium

Bylaws. A lien for nonpayment of any such charges shall attach to the Co-owner's Unit

as in all cases of regular assessments and may be enforced by the use of all means

available to the Association under the Condominium Documents and by law for the

collection of regular assessments, including without limitation, legal action, foreclosure

of the lien securing payment and the imposition of fines.

Page 47

D. 

Each Co-owner will be entirely responsible for arranging for and paying all costs

in connection with extension of telephone, electric, gas, sewer, water, cable television (if any)

and other utility lines by laterals from the mains (if any) to any structures and fixtures located

within the Units and their respective Limited Common Elements and for the construction of an

individual sanitary waste disposal system within each Unit.

E. 

In the event that, in the future, it shall be required by a public authority or public

authorities to install public sewer mains to serve the Condominium and the Units, then the

collective costs assessable to the Condominium Premises as a whole for installation of such

mains shall be borne by the Co-owners in such proportions as may be required by Grand Haven

Charter Township, In such event, the construction of such public system may be financed, in

whole or in part, by the creation of a special assessment district which may include all Units in

the Condominium. The acceptance of a conveyance or the execution of a land contract by any

Co-owner or purchaser shall constitute the agreement by such Co-owner or purchaser, his heirs,

executors, administrators and assigns that such Co-owner or purchaser will execute any petition

circulated for the purpose of creating such a special assessment district. The Board of Directors

of the Association shall be vested with full power and authority to obligate all Co-owners to

participate in a special assessment district and to consider and act upon all other community

sewer issues on behalf of the Association and all Co-owners. Further, each Co-owner will pay

such special assessments as may be levied against his site condominium Unit by any such special

assessment district and shall take the necessary steps as required by Grand Haven Charter

Township and by the Association, acting through its Board of Directors to connect, at his own

expense, his sewage discharge facilities to such public sewage disposal system within ninety (90)

days following the completion of said system.

F. 

Except as set forth herein, Condominium Units shall not be separable from the

Common Elements appurtenant thereto, and shall not be used in any manner inconsistent with

the purposes of the Project or in any other way which will interfere with or impair the rights of

any other Co-owner in the use and enjoyment of his Unit or the Common Elements appurtenant

thereto.

ARTICLE V

DESCRIPTION AND PERCENTAGE OF VALUE

A. 

A complete description of each Condominium Unit in the Project, with elevations

therein referenced to an official benchmark of the United States Geological Survey, is set forth in

the Condominium Subdivision Plan as surveyed by Exxel Engineering, Inc. The development

plan has been filed with Grand Haven Charter Township. Each Unit shall include the space

located within Unit boundaries, as shown on Exhibit B to this Master Deed together with all

appurtenances thereto.

B. 

The total value of the Project is 100, and the percentage thereof assigned to each

of the Condominium Units shall be equal. 

In the event of a division of a Unit or the

consolidation of two (2) or more Units under Article VII below, the Percentages of Value

assigned to all Units will be adjusted such that the Percentage of Value assigned to each Unit

Page 48

IN WITNESS WHEREOF, the Developer has duly executed this Master Deed on the day

and year first above written.

MERRITT LAND COMPANY, L.L.C.

By The Bavid G. Cook Trust, its Member

* 

--"^P*

David G. Cook, its Trustee

STATE OF MICHIGAN

COUNTY OF KENT

)ss.

)

/ A -

The foregoing instrument was acknowledged before me this /O 

day of

by David G. Cook, the Trustee of the David G. Cook Trust, the member of Merritt Land

Company, L.L.C., a Michigan limited liabiUl¥^o^^Sy7orj)behalf of j

My commission expires:

Acting in j#%~A)7~~ 

County, Michigan

18

Page 49

EXHIBIT A

CONDOMINIUM BYLAWS

OF

BEACH WOODS

ARTICLE I

THE CONDOMINIUM

Section 1. Organization. Beach Woods, a residential site condominium located in Grand

Haven Township, Ottawa County, Michigan (the "Condominium"), shall be administered by an

association of Co-owners (the "Association") which shall be organized as a nonprofit

corporation under the laws of the State of Michigan. The Association will be responsible for the

management, maintenance, operation and administration of the Common Elements, easements

and, generally, the affairs of the Condominium in accordance with the Master Deed, these

Condominium Bylaws, the Association's Articles of Incorporation, Association Bylaws, Rules

and Regulations of the Association, and all applicable local ordinances and the laws of the State

of Michigan, including the Michigan Condominium Act (the "Act").

Section 2. Compliance. All present and future Co-owners (who shall be "Members" of

the Association as provided in Article II, Section 1, below; the terms "Member" and "Co-

owner" are used interchangeably herein), mortgagees, tenants and all other persons who may in

any manner use, enter upon or acquire any interest in the Condominium Premises, or any

Condominium Unit, shall be subject to and comply with the provisions of the Act, the Master

Deed, these Condominium Bylaws, and the Association's Articles of Incorporation and Bylaws,

and all Rules and Regulations of the Association including, without limitation, any provision

thereof pertaining to the use and operation of the Condominium Premises and the Condominium.

The acceptance of a deed or conveyance, the taking of a mortgage, the execution of a lease, the

act of occupying the Unit or presence in the Condominium shall constitute an acceptance of the

provisions of these documents and an agreement to comply therewith.

Section 3. Purpose of Condominium Bylaws. The Condominium Bylaws govern the

general operation, maintenance, administration, use and occupancy of the Condominium, and all

such activities shall be performed in accordance with the provisions of these Bylaws.

Section 4. Definitions. All terms used herein shall have any special meaning attributed

to such terms in the Master Deed or set forth in the Act.

ARTICLE II

MEMBERSHIP, VOTING AND QUORUM

Section 1. Membership. Each Co-owner of a Condominium Unit, present and future,

shall be a Member of the Association during the term of such ownership, and no other person or

entity shall be entitled to membership. Neither Association membership nor the share of a

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Page 50

ARTICLE VII

ARCHITECTURAL CONTROL: CONSTRUCTION OF

IMPROVEMENTS; GOVERNMENTAL REQUIREMENTS

Section 1. Design Review and Approval. No improvement, of any kind, including

without limitation, any building, fence, wall, mail box, swimming pool, tennis court, screen

enclosure, sewer, drain, disposal system, decorative building, grading, landscape device or

object, or other improvement shall be commenced, constructed, erected, placed made or

maintained upon any Unit or within the Limited Common Elements appurtenant to such Unit,

nor shall any addition, change or alteration therein or thereof be made, unless and until the

colors, materials, plans, specifications and location of the same shall have been submitted to, and

approved in writing by, the Architectural Control Committee, as described in Section 2, below.

All colors, materials, plans and specifications shall be evaluated as to harmony of external design

and location in relation to surrounding structures and topography and as to conformance with the

design criteria of the Architectural Control Committee as the same may be adopted or amended

and from time to time.

Section 2. Architectural Control Committee. The architectural review and control

functions of the Association shall be administered and performed by the Architectural Control

Committee (the "ACC"), which shall consist of three (3) members who need not be Members of

the Association. The Developer shall have the right to appoint all of the members of the ACC as

long as it owns any Unit in the Condominium. To the extent the Developer relinquishes its right

to appoint any members or looses the right of appointment because the Developer no longer

owns any Unit, such members shall be appointed by, and shall serve at the pleasure of, the Board

of Directors of the Association. A majority of the ACC shall constitute a quorum to transact

business at any meeting of the ACC, and the action of a majority present at a meeting at which a

quorum is present shall constitute the action of the ACC. Any vacancy occurring on the ACC

because of death, resignation, or other termination of service of any member shall be filled by the

Board of Directors; except that the Developer, to the exclusion of the Board, shall till any

vacancy created so long as it owns any Unit.

Section 3. Powers and Duties of the ACC. The ACC shall have the following powers

and duties:

(a) 

To require submission to the ACC of all plans and specifications for any

improvement or structure of any kind. The ACC may also require submission of samples

of building materials, paints and stains proposed for use upon any Unit, and may require

such additional information as reasonably may be necessary for the ACC to completely

evaluate the proposed structure or improvement in accordance with these Condominium

Bylaws.

(b) 

To approve or deny any improvement or structure of any kind, the

construction, erection, performance or placement of which is proposed upon any Unit and

to approve or disapprove any exterior additions, changes, modifications or alterations

therein or thereon. The ACC, shall have the right to refuse to approve any such plans or

specifications, color and/or material specifications, grading or landscaping plans, or

38

Page 51

building location plans which are not suitable or desirable in its opinion for aesthetic or

other reasons; and, in passing upon such plans and specifications, it shall have the right to

take into consideration the suitability of the proposed structure, improvement or

modification, the site upon which it is proposed to be constructed, the proposed location

within the Unit and the location, design, colors and materials of structures within

adjoining Units and the degree of harmony thereof with the Condominium as a whole.

(c) 

The ACC may require each building contractor to enter into a Builder

Approval Agreement prior to the commencement of construction which agreement shall

govern the conduct and responsibilities of the building contractor during construction.

Section 4. Variances. If a Co-owner desires to seek a variance from the provisions

contained in Grand Haven Charter Township Zoning Ordinance, the Co-owner must first submit

a request for and receive approval to seek such variance from the ACC. A Co-owner may also

seek a variance from the provisions of these Condominium Bylaws. The ACC shall have the

sole and absolute discretion to allow variations from any of the conditions, covenants, and

restrictions contained in these Condominium Bylaws by written approval. The ACC may, but

shall not be required to, publish guidelines from time to time setting forth the criteria it will

consider in making decisions.

Section 5. Design and Construction of Residences. David C. Bos Construction Company

d/b/a David C, Bos Homes, a Michigan corporation ("Bos Homes") will provide architectural

and design services and act as the builder for all residences in the Project unless otherwise

approved in writing by the Developer on a case by case basis after consultation with Bos Homes.

Section 6. Public Health Requirements.

(a) 

Septic Systems. Except as otherwise approved by the Ottawa County

Health Department ("OCHD"), all septic systems and drainfields will be located on the

Unit not closer than ten (10) feet to the Unit boundary line. It will be the responsibility of

the Co-owner to install and maintain the septic system in good working order and comply

with all applicable governmental regulations and neither the Developer nor the

Association will have any responsibility with respect to same. With the application to

obtain a permit from the OCHD for a septic tank and drainfield, the Co-owner will

submit to the OCHD a Unit development plan drawn to scale which will locate the Unit,

private drives and right-of-ways, utilities, Unit lines, building site and proposed septic

tank and drainfield location. As part of the application, the OCHD may require a

topographical map showing existing and proposed contours. Contour intervals shall not

exceed two (2) feet. 

Site modification in the area of the initial and replacement

wastewater disposal systems (drainfields) may be required by the OCHD which would

typically include soil removal and backfill with approved washed sand (2NS) or raised

mound type systems. Utilities, buildings, drives or other structures which may interfere

with the installation and operation of the on-site sewage disposal system shall not be

permitted within the designated initial and replacement sewage disposal areas as

indicated on the permit issued by the OCHD. Designated initial and replacement sewage

disposal areas shall be isolated not closer than twenty-five (25) feet from retention areas.

Each Co-owner shall cause the septic system to be pumped out at least once every two (2)

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Page 52

years. Upon failure of any Co-owner to do so, the Association shall have the right and

responsibility to have the system maintained, repaired and/or pumped out and charge

such costs to the Co-owner. All costs so incurred may be assessed to and collected from

the responsible Co-owner in the manner provided in Article V of these Condominium

Bylaws,

(b) 

General Requirements. The construction, operation, maintenance, repair

and replacement of the individual private sewage disposal systems are the responsibility

of the Co-owners and not the responsibility of the Association or Grand Haven

Township.

(c) 

Water Supply. This development has been provided with a public water

supply system, administered by Grand Haven Township.

Section 7. Ottawa County Drain Commissioner Requirements.

(a) 

Floor Elevations. The lowest allowable floor and opening elevations, as

listed below have been set to reduce the risk of structural damage and the flooding of

residential interiors. A waiver from these elevations may be granted by the Ottawa

County Drain Commissioner following receipt of a certification from a registered

professional engineer demonstrating that the proposed elevation does not pose a risk of

flooding.

Unit No. 

Min. Basement Floor 

Min. Basement Opening

1-3 

614.5 

618.0

4-6 

613.5 

617.0

7 

614.5 

618.0

8 

611.5 

615.0

9-15 

613.0 

616.5

16 

614.5 

618.0

17 

614.0 

623.0

18 

611.0 

620.0

19 

611.0 

614.5

(b) 

Easement for Surface Drainage. Easements for drainage (as shown on the

Condominium Subdivision Plan) (the "Drainage Easements") are for the benefit of

upland Units within the Condominium and any construction, development, or grading

that occurs within these easements will interfere with the drainage rights of those upland

lots. Easements for drainage are for the continuous passage of surface drainage and each

Co-owner will be responsible for maintaining the surface drainage system across their

Unit. The Ottawa County Drain Commissioner's Office does not permit structures in

Drainage Easements. 

This includes, but is not limited to, swimming pools, sheds,

garages, patios, decks, fences or other permanent structures or landscaping features. No

dumping of grass clippings, leaves, brush or other refuse is allowed within a drainage

40

Page 53

easement. These items obstruct drainage, restrict flow and plug culverts. This can lead

to higher maintenance costs and cause flooding situations.

(c) 

Block Grading Plan. The block grading plan, which is a part of the

Exhibit B, Condominium Subdivision Plan, shows the direction of flow for the surface

drainage of the Units. It is the Unit Co-owner's responsibility to ensure that the final

grading of the lot is in accordance with the block grading plan. During the final Unit

grading and landscaping, the Co-owner shall take care to ensure that the installation of

fences, plantings, trees and shrubs do not interfere with nor concentrate the flow of

surface drainage. No changes will be made in the grading of any Unit areas used for

drainage which would later affect surface run-off drainage patterns without the prior

written consent of the Ottawa County Drain Commissioner for all portions of drainage

systems.

(d) 

Footing Drains and Sump Pumps. Laundry facilities or other similar

features shall not be connected to a footing drain or sump pump system discharging to

footing laterals and the storm sewer system. Laundry facilities and sewage lift pumps

must discharge into the sanitary sewage disposal system.

(e) 

Soil Erosion and Sedimentation Control Permits. Each individual Unit

Co-owner will be responsible for the erosion control measures necessary on each Unit to

keep loose soil from their construction activities out of the street, catch basins, and off of

adjacent property. If any sedimentation in the street, catch basins, or adjacent Units

result from construction for a particular site, it is the responsibility of that Unit Co-owner

to have this cleaned up. This applies to ALL Unit Co-owners. A soil erosion and

sedimentation control permit may be required from the Ottawa County Drain

Commissioner's Office prior to excavation. Unit Co-owners should check with the office

to determine if a permit is required.

(0 

Storm Water System Maintenance Requirements. The requirements for

the maintenance of the storm water system are as follows:

1. 

The Association shall be responsible for the operation and

maintenance of the system and for the payment of all costs associated therewith.

2. 

The Association does grant and convey to the Drain Commissioner

the right of entry on to the Condominium Premises for purposes of inspection of

the system to determine the need for maintenance or improvement.

3. 

The Association shall cause an inspection of the system to be made

at least annually, before June 1st of each year and shall provide the Drain

Commissioner with a copy of all inspection reports by no later than July 30th of

each year.

4. 

The Association, if required, shall retain the services of a licensed

operator for the system and pay all costs attendant thereto.

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Page 54

5. 

The Association shall operate and maintain the system in

compliance with all federal, state and local statues, laws, ordinances,

authorizations, rules, regulations and permits.

6. 

In the event that any inspection report indicates the need for

maintenance or improvement to any part of the system, the Association shall

cause such work to be done in a timely manner.

7. 

If as a result of an inspection, the Drain Commissioner determines

the need for maintenance or improvement of the system, he shall notify the

Association of the necessary maintenance, setting forth the specific details

thereof, in writing. Upon receipt of notice from the Drain Commissioner, the

Association shall cause the specified maintenance and improvement to be

completed within 30 days of the receipt of notice or such time period as may

otherwise be specified by the Drain Commissioner. In the event that the work

specified by the Drain Commissioner is not completed in the specified time, the

Drain Commissioner shall cause the work to be performed and the Association

shall be responsible for the payment of all costs therefore incurred by the Drain

Commissioner, payment to be made within 30 days of invoice. If payment is not

made the Drain Commissioner is authorized to seek collection by all means

allowed under law or any levy special assessment against properties benefiting

from the system, which special assessment will be a lien against the lands until

paid or collected as allowed for the collection of taxes and assessments under the

laws of the State of Michigan.

8. 

The Association shall be responsible for all costs incurred by the

Drain Commissioner for the operation, maintenance or improvement of the

system, inspection and engineering costs, administration costs and attorney fees.

9. 

The Association agrees to hold harmless, defend and indemnify the

Drain Commissioner, his employees, agents and contractors and the County of

Ottawa from any and all liability or enforcement action arising out of the

operation, maintenance or improvement of the system including any and all

claims for damages or injury to person or property and any and all civil and

criminal sanctions, penalties, fines or costs.

10. 

These maintenance requirements, together with Agreement to

establish the system as a county drain district described in paragraph (g) below

constitute the whole of the Agreement of the parties and are binding on their

assigns or successors in interest and are deemed to run with the land.

(g) 

Beach Woods Drainage District. A drain district has been created to

maintain the storm water management system for Beach Woods. The condominium

association, as defined above is responsible for the care and maintenance of the system.

In the event that the association fails to properly maintain the system, the Ottawa County

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Page 55

Drain Commissioner has the rights to utilize the provisions established within the district

and perform the maintenance required. The agreement establishing the Beach Woods

Drain Drainage District pursuant to Section 433 of Act No. 40 of Public Acts of 1956, as

amended, is dated January 21, 2010, and recorded January 25, 2010, in Document No.

2010-0003721, Ottawa County, Michigan.

(h) 

Individual Unit Drainage Calculations. A majority of the Units within the

condominium are required to providing drainage calculations to the Ottawa County Drain

Commissioner based on the following guidelines.

1. 

Drainage Calculations. 

Prior to building permit issuance, the

individual Units in the Condominium will be required to provide a site plan and

calculations to the Ottawa County Drain Commissioner for approval. These

calculations are to show that runoff from improved surfaces (roofs, decks, patios,

walks, drives, etc.) will be contained on each individual Unit. As part of the

overall drainage design for Beach Woods, Units 4, 9, 10, 13 and 14 have been

included in the designated retention areas on the site and as long as the Unit's

impervious areas are directed to these areas, these Units will not be required to

provide calculations to the Ottawa County Drain Commissioner. 

For the

remaining sites, drainage calculations will be required. The suggested method

that should be used to compute the amount of retention volume required is the

rational method (Chicago method).

2. 

Modified Rational Method. 

For this method, the amount of

volume required is determined using the maximum runoff volume for the 100

year event, minus the volume discharged from the retention area by the

percolation through the bottom of the retention area. Based on the individual site,

the parameters that are needed are the area that drains to the retention basin, the

runoff coefficient and the release rate into the soil. The runoff coefficients to be

used are found in the Ottawa County's Standards and Specifications in Appendix

G. The release into the soil is determined using the infiltration rate of the Unit

and the size of the retention area. If a 10 in/hr infiltration rate is used over a

retention area of 2500 s.f, the amount of release into the soil is 0.58 cfs. (10 in/hr

x lft/12in x lhr/3600sec x 2500.sf). Dividing this release by the area of the site

yields the release rate (in cfs/ac) needed to run the modified rational method

calculations.

3. 

Site. Assumptions. 

Based on the percolation tests that were

performed on the site, an infiltration rate of 10 in/hr can be used for Units 11, 12

and 15, a rate of 30 in/hr for Units 5,6,7,8 and 19 and a rate of 40 in/hr can be

used for Units 1-3 and 16-18. This rate is at least % of the calculated rate.

4. 

Suggested Methods of On-Site Infiltration.

a. 

Use existing natural depressions (low areas) on the

individual sites.

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Page 56

b. 

Excavation of a depression on an individual site.

c. 

Construction of infiltration structures (catch basins, vaults

or trenches).

ARTICLE VIII

USE AND OCCUPANCY RESTRICTIONS; ENFORCEMENT

Section 1. Establishment of Restrictions. In order to provide for congenial occupancy of

the Condominium, and for the protection of the value of the Units, the use of the Units and the

Condominium shall be subject to the following limitations:

(a) 

Each Unit shall be used for single family residential purposes only; and

nothing contained in these Condominium Bylaws shall be deemed to prohibit the

construction of a guest house or other accessory buildings on a Unit so long as any such

house or building complies with all other provisions of these Condominium Bylaws,

including, but not limited to, obtaining the prior written approval of the ACC.

Boardinghouses and the rental of rooms are prohibited. Home occupations are permitted

to the extent permitted under Grand Haven Charter Township Zoning Ordinance. In

addition, garage sales are permitted as long as they are occasional (no more than three per

year for each Unit) and do not materially diminish the reputation of the Condominium.

The Association may further prohibit, limit, or restrict garage sales by rules adopted by

the Association.

(b) 

No Co-owner shall make any alterations, modification or improvements to

any General Common Element from the way it was originally constructed by the

Developer, or as it exists in its natural state, including, without limitation, installing

landscaping devices or objects or erecting antennae, lights, aerials, recreational devices,

flag poles or other exterior attachments or modifications.

(c) 

No immoral, improper, unlawful or offensive activity shall be carried on

within any Unit or upon the Common Elements, nor shall anything be done which may be

or become an annoyance or a nuisance to the other Co-owners, nor shall any

unreasonably noisy activity be carried on in any Unit or on the Common Elements. No

Co-owner shall do or permit anything to be done or keep or permit to be kept in his Unit

or on the Common Elements anything that will increase the insurance rate on the

Condominium without the prior written approval of the Association. Each Member who

is the cause thereof shall pay to the Association the increased cost of insurance premiums

resulting from any such activity or the maintenance of any such condition.

(d) 

Neither the Limited nor the General Common Elements shall be used to

store supplies, materials, personal property, trash or refuse of any kind and all Units and

the Limited Common Elements appurtenant thereto shall be maintained free of any trash,

garbage or rubbish of any kind; provided, however, that composting of materials may be

permitted with the written approval of the Association but only pursuant to rules and

regulations established by the Association. No Unit shall be used or maintained as a

44

Page 57

dumping ground for rubbish, trash, garbage or other waste. Trash receptacles shall be

maintained inside garages or similar areas or within the Unit and screened from the

Common Elements and other Units and shall not be permitted anywhere on the Common

Elements except for such short periods of time as may be reasonably necessary to permit

the periodic collection of trash. All such trash and other waste shall be stored in

containers which are to be kept in a clean and sanitary condition. Neither the exterior of

any Unit nor any Common Element shall be used in any way for the drying, shaking or

airing of clothing or other fabrics; provided, however, such activities may be permitted if

conducted within the Unit and shall be screened from the Common Elements and other

Units. Automobiles may not be washed in any areas of the Condominium except on

driveways of Units. In general, no activity shall be carried on nor condition maintained

by a Co-owner, either in his Unit or upon the Common Elements, which spoils or impairs

the appearance of the Condominium.

(e) 

Yard areas within occupied Units must be neatly maintained with grass,

weeds and other vegetation cut and without accumulation of natural or other debris.

(t) 

Sidewalks, landscaped areas, driveways, roads, parking areas, and in

general, all of the General Common Elements, shall not be obstructed in any way nor

shall they be used for purposes other than those for which they are reasonably and

obviously intended. Parking shall not be permitted within any portion of a private road

designated as a walkway or bikeway. In addition, the parking of vehicles on the streets

within the Condominium may be limited to such times and in such manner as the

Association shall determine by duly adopted regulations.

(g) 

No signs or other advertising devices shall be displayed which are visible

from the exterior of a residential dwelling or on the Common Elements, including "For

Sale" and "For Rent" signs, without written permission from the Association, except for

not more than one (1) "For Sale" sign per Unit of up to five (5) square feet in size and

except as permitted to the Developer in subsection (pp) of this Article VIII.

(h) 

Each Co-owner shall, if the Association shall require, register all vehicles

maintained in the Condominium with the Association. No inoperable vehicle of any type

may be stored upon the Condominium either temporarily or permanently, unless parked

in garages or a completely closed building.

(i) 

Each Co-owner shall maintain his Unit, any Limited Common Elements

appurtenant thereto and the exterior of all improvements thereon in a neat and attractive

manner, in a clean, safe and sanitary condition, and in good condition and repair. Each

Co-owner shall also use due care to avoid damaging any of the Common Elements

including, but not limited to, the private roads and walkways and the telephone, water,

gas, plumbing, electrical or other utility conduits and systems and any other Common

Elements in any Unit which are appurtenant to or which may affect any other Unit. Each

Co-owner shall be responsible for damages or costs to the Association resulting from

negligent damage to or misuse of any of the Common Elements by him, or his family,

guests, agents or invitees, unless such damages or costs are covered by insurance carried

by the Association (in which case there shall be no such responsibility, unless

45

Page 58

reimbursement to the Association is limited by virtue of a deductible provision, in which

case the responsible Co-owner shall bear the expense to the extent of the deductible

amount). Any costs or damages to the Association may be assessed to and collected from

the responsible Co-owner in the manner provided in Article V of these Condominium

Bylaws.

(j) 

The Developer and the Association shall have the right to care for Units

which are not maintained as required under these Condominium Bylaws or any duly

adopted Rules and Regulations of the Association and do any other things and perform

any labor necessary or desirable in the judgment of the Developer or the Association to

keep the Unit, and the Limited Common Elements appurtenant thereto, neat and in good

order. The Association shall further have the right to repair any structure or improvement

on any Unit which constitutes a danger or nuisance, provided that the Co-owner is given

no less than fifteen (15) days notice of the Association's intent to do so which reasonably

specifies the proposed action. All costs so incurred may be assessed to and collected

from the responsible Co-owner in the manner provided in Article V of this Master Deed.

The ACC shall also have the right to adopt rules for the maintenance of any Unit during

construction which may be enforced in the same manner as any Rule or Regulation of the

Association.

(k) 

No exterior antenna or aerial of any kind may be erected or maintained

anywhere within any Unit or the Condominium Premises, except dishes of 36 inches in

diameter or smaller installed in a location approved in writing by the ACC.

(1) 

Except for any street lights installed by the Developer in connection with

the initial development of the Project, no installation of street lights shall be permitted

without the prior written approval of the ACC.

(m) 

No easements shall be granted by any Co-owner without the express

written approval of the Association.

(n) 

No structure of a temporary character, or outbuilding, including trailer,

basement, tent, shack, garage or barn shall be used on any Unit at any time as a residence,

either temporarily or permanently; provided that Developer may use such structure for

purposes of construction or sales office.

(o) 

There shall be no solicitation by any person anywhere in the Condomini-

ums for any cause, charity, or any purpose whatsoever unless specifically authorized by

the Board of Directors.

(p) 

Each Co-owner shall keep his Unit insured against damage from fire,

windstorm and other ordinarily insured casualties in an amount equal to the highest insur-

able value of the Unit.

(q) 

Except as may be initially installed by Developer, no spotlights,

floodlights or similar type high intensity lighting shall be placed or utilized upon any Unit

which in any way will allow light to be reflected on any other Unit or the improvements

46

Page 59

thereon or upon any Common Areas. Other types of low intensity lighting which do not

disturb the Co-owners or other occupants of the Condominium shall be allowed except as

approved in writing by the ACC.

(r) 

No business or commercial activity shall be conducted on the Condomin-

ium Premises, except as permitted as described above and except as permitted by the

Developer in subsection (pp) of this Article VIII.

(s) 

If so determined by the Board of Directors of the Association, all Units

shall be served by a common central monitored security service and common central

communications service as designated by the Association.

(t) 

Building Square Footage: Each one story (ranch-style) dwelling shall

have a minimum finished floor area (exclusive of porches, garages, breezeways and/or

any accessory buildings) of not less 1800 square feet of finished floor area above grade

level. Each two story dwelling shall have a minimum finished floor area (exclusive of

porches, garages, breezeways and/or any accessory buildings) of not less than 2200

square feet with the entire minimum finished floor area above grade and with not less

than 1100 square feet of finished floor area on the main level. No tri-level or bi-level

dwellings shall be permitted except as approved in writing by the ACC.

(u) 

No residence shall be less than one story in height above grade excluding

the basement and no residence shall have less than a two (2) stall attached garage nor

more than a four (4) stall garage. In addition, no building shall exceed the maximum

building height permitted by the applicable zoning district regulations under the Grand

Haven Charter Township Zoning Ordinance. All driveways between the private road and

garage shall be paved with asphalt or concrete. No single or double wide mobile homes

or modular homes shall be permitted.

(v) 

Each residence must be totally complete within twelve (12) months of

commencing construction of the residence and all landscaping shall be completed within

six (6) months after completion of occupancy of the residence, subject to reasonable

delays due to weather conditions. During periods of construction on a Unit, reasonable

and appropriate erosion control measures shall be utilized in accordance with standards to

be established by the Developer during the Development and Sales Period and the ACC

thereafter. In the event any residence is damaged by fire or other casualty, such damage

shall be repaired as soon as reasonably possible after such damage occurs but not later

than six (6) months thereafter, subject to reasonable extensions arising from delays in any

insurance settlement or weather conditions.

(w) 

The exterior walls of all residences and other structures shall be of

materials which the ACC determines to be aesthetically attractive and harmonious with

the Unit, neighboring Units and the residences located on the Units. No vent, exhaust

pipes or plumbing stacks shall be visible on the front elevation of any residence. No

exposed cement block or asbestos cement shingles shall be permitted except at approved

in writing by the ACC. The roofs of dwellings shall have a minimum roof pitch of 6/12;

provided, however, that ancillary and/or porch roofs may have a lesser pitch with the

47

Page 60

written approval of the ACC. The roof shingles shall be dimensional (e.g Timberline or

Woodline) or of a material as approved in writing by the ACC. Only new building

materials shall be used in all construction.

(x) 

Any additions shall comply in all respects with these regulations.

(y) 

No Member shall alter or remove any vegetation from the "Natural Buffer

(No Disturb Area)" adjacent to Lakeshore Avenue or the "Natural Buffer (No Disturb

Area)" along the south and west boundaries of Unit 15, all as shown on the

Condominium Subdivision Plan. However, subject to the prior written approval of the

ACC, dead, diseased or noxious vegetation may be removed from such areas so long as

any dead or diseased trees which are removed are replaced with other trees approved by

the ACC. Grand Haven Charter Township is a third party beneficiary of the restrictions

contained in this subsection and shall have the right to enforce the provisions of this

subsection. No change shall be made to this subsection without the prior written consent

of Grand Haven Charter Township.

(z) 

Except as permitted by the ACC, no fences shall be permitted except

around a pool and no chain link fences shall be permitted. Fences around pools shall be

not more than twenty (20) feet from the perimeter of the pool without the consent of the

ACC. No hedge, shrub or other planting which obstructs sight lines at elevations

between two (2) and six (6) feet above the roadway shall be placed or permitted to remain

on any corner Unit within the triangular area formed by the street property lines and a

line connecting them at points 25 feet from the intersection of the street lines, or in the

case of a rounded property corner from the intersection of the street property lines

extended, except for plat or street identification signs. The same sight line limitations

shall apply on any Unit within 10 feet from the intersection of a street property line with

the edge of a driveway pavement. Trees shall be permitted to remain within such

distances of such intersections but only if the foliage line is maintained at sufficient

height to prevent obstruction of such sight lines.

(aa) 

No construction shall be performed for residences or other structures

without building permits first being obtained from Grand Haven Charter Township.

(bb) 

No anti-freeze, gasoline, oil, grease or other petroleum products or other

pollutants from motor vehicles shall be dumped or disposed of anywhere within the

Condominium.

(cc) 

No wetlands or lowlands shall be altered, filled, excavated or dredged

without the approval of the State of Michigan, if required.

(dd) 

No more than three (3) domestic animals as house pets (dogs, cats and

birds) shall be kept on any Unit without the written approval of the ACC. No dogs, cats

birds or other animals shall be used for breeding purposes in the Condominium. No

animal shall be permitted to run at large in the Condominium. Pet owners will have full

responsibility for damage to persons or property caused by their pets. No savage or

dangerous animal shall be kept on the premises. Any Co-owner who causes any animal

48

Page 61

to be brought or kept upon the premises of the Condominium shall indemnify and hold

harmless the Association for any loss, damage or liability which the Association may

sustain as the result of the presence of such animal on the premises, whether or not the

Association has given its permission therefor.

(ee) 

Except as provided in this subsection, no trailers, motor homes,

commercial vehicles, boats, camping vehicles, snowmobiles, or vehicles other than

automobiles may be parked or stored upon the premises of the Condominium, unless

parked in garages or a completely closed building. In addition, travel trailers and motor

homes may be parked in the driveway for a period of not more than 48 consecutive hours

and for not more than five (5) days in any 30 day period and then only while being

cleaned, loaded and/or unloaded. Commercial vehicles and trucks shall not be parked in

or about the Condominium (except as above provided) unless while making deliveries or

pickups in the normal course of business. In no event shall vehicles not in operable

condition be permitted to be stored or parked on the Condominium Premises, unless

parked in garages or a completely closed building

(ff) 

No Co-owner shall use, or permit the use by any occupant, agent,

employee, invitee, guest or member of his family of any firearms bows and arrows or

other similar dangerous weapons, projectiles or devices anywhere on or about the

Condominium Premises; provided, however, that the use of air rifles, pellet guns and B-B

guns shall be permitted.

(gg) 

The minimum building setbacks as required by the Grand Haven Charter

Township Zoning Ordinance shall apply to all buildings and other improvements

constructed within Units and are listed and shown on the Condominium Subdivision

Plan. Notwithstanding the foregoing, the ACC shall have the right to require greater

setbacks than required by Grand Haven Charter Township.

(hh) 

Only in-ground pools shall be permitted except that hot tubs may be above

ground.

(ii) 

All private roads and driveways located within the General Common

Elements shall be maintained, repaired, replaced, snowplowed and otherwise maintained

by the Association (including salt or sand as required in adverse driving conditions) to

afford continuous access and unimpeded passage for vehicles to and from the

Condominium (including emergency vehicles) under all weather conditions.

(jj) 

No off-road vehicles including, but not limited to, motorcycles,

motorbikes, snowmobiles and all-terrain vehicles, may be driven or operated within the

Condominium except licensed motorcycles, motorbikes, snowmobiles and all-terrain

vehicles when using the private road and driveways (but not walkways) located within

the General Common Elements for purposes of ingress and egress to and from a Unit to a

public road.

(kk) 

All driveways serving Units 1 through 15 shall run from Forest Beach

Trail and all driveways serving Units 16-19 shall run from Blue Water Road. No direct

49

Page 62

driveway access from any Unit to Beach Road, Buchanan Street or Lakeshore Avenue

shall be permitted and no direct access from Units 1 through 3 to Blue Water Road will

be permitted. 

Except as reasonably necessary to provide access to the residence and

garage constructed on a Unit, no additional paved, stone or concrete driveways or

walkways shall be constructed within any Unit which will create any material increase in

the water run off or erosion on a Unit, without the prior written approval of the ACC.

(11) 

No trees six (6) inches or more in diameter (measured at a point 36 inches

above ground level) shall be removed from any Unit within the Condominium, except as

may be reasonably necessary for building foundations, driveways and other related

improvements, without the prior written approval of the ACC.

(mm) If required by the Developer, each Co-owner will be required to purchase,

install and maintain on his Unit a mail box of a type, style, color and structure designated

by the ACC at a location near the driveway entrance as approved in writing by the ACC.

Such mailbox shall be fully installed prior to the occupancy of the residence constructed

within the Unit.

(nn) 

During construction, a dumpster shall be maintained on the Unit where all

construction debris shall be kept. The dumpster shall be promptly emptied when full. In

all other respects, the Unit and adjacent areas shall be kept clear of waste materials,

rubbish and debris during construction and all materials and equipment shall be

immediately removed from the Unit upon completion of construction. Upon the Co-

owner's failure to comply with the provisions of this subsection within five (5) days after

written notice from the Association, the Association may take such action as it deems

reasonably necessary to correct such failure. All costs so incurred (together with a

reasonable service fee) may be assessed to and collected from the responsible Co-owner

in the manner provided in Article V of these Condominium Bylaws.

(oo) 

Reasonable regulations consistent with the Act, the Master Deed and these

Condominium Bylaws, concerning the use of the Common Elements may be made and

amended from time to time by any Board of Directors of the Association, including the

Board of Directors established in the Articles of Incorporation (and its successors).

Copies of all such regulations and amendments thereto shall be furnished to all Members

and shall become effective ten (10) days after mailing or delivery thereof to the

designated voting representative of each Member. Any such regulation or amendment

may be revoked at any time by the affirmative vote of more than sixty (60) percent of all

Members in number and in value at any duly convened meeting of the Association,

except that the Members may not revoke any regulation or amendment prior to the first

meeting of the Association.

(pp) 

None of the restrictions contained in this Article VIII shall apply to the

commercial activities or signs or billboards, if any, of the Developer during the

development and sales period as herein defined, or of the Association in furtherance of its

powers and purposes set forth herein and in its Articles of Incorporation and Bylaws as

the same may be amended from time to time. For the purposes of this subsection, the

development and sales period shall be deemed to continue so long as Developer owns any

50

Page 63

Unit which it offers for sale or so long as any additional Unit may be created in the

Condominium. Until all Units that may be created in the Condominium have been sold

by Developer, Developer and its duly authorized agents, representatives, and employees,

and Residential Builders who receive an assignment of rights from Developer shall have

the right to maintain a sales office, a business office, a construction office, model Units,

storage areas, reasonable parking incident to the foregoing and such access to, from and

over the Project as may be reasonable to enable development and sale of the entire

Project by Developer.

Section 2. Enforcement. Failure to comply with any of the terms of the Act, the Master

Deed, these Condominium Bylaws, the Articles of Incorporation, Bylaws or Rules and

Regulations of the Association, shall be grounds for relief, which may include, without

limitation, an action to recover sums due for such damages, injunctive relief, and any other

remedy that may be appropriate to the nature of the breach. The failure of the Association to

enforce any right, provision, covenant or condition which may be granted by the Act, the Master

Deed, these Condominium Bylaws, the Articles of Incorporation, Bylaws or Rules and

Regulations of the Association, shall not constitute a waiver of the right of the Association to

enforce such right, provisions, covenant or condition in the future.

ARTICLE IX

MAINTENANCE OF COMMUNITY INTERESTS

The rental of dwellings located on Units by any Co-owner shall be subject to the

following provisions:

Section 1. Restriction on Leasing. All non-owner occupants shall comply with all of the

conditions of the Condominium Documents and all of the provisions of the Act, and all leases

and rental agreements shall so state. No tenant of a Unit shall be permitted to occupy a Unit,

except under a written lease or rental agreement provided for in these By-Laws. No lease or

other rental agreement shall provide for a term of less than one (1) year without the prior written

approval of the Association.

Section 2. Non-Owner Compliance.

(a) 

All non-owner occupants shall comply with all of the terms and conditions

of the Condominium Documents and the provisions of the Act.

(b) 

If the Association determines that a non-owner occupant has failed to

comply with the conditions of the Condominium Documents, or the provisions of the

Act, the Association shall take the following action (in addition to any other available

remedies):

(i) 

The Association shall advise the appropriate Co-owner by certified

mail of the alleged violation by a person occupying his Unit.

51

Page 64

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Page 70

Purchaser Information Booklet 

Exhibit 6 - Disclosure Statement of Beach Woods 

Exhibit 6 contains relevant excerpts from the Disclosure Statement of Beach Woods pertaining to: 

*extinguishment of Sheldon Beach rights, 

*lack of lake-access rights, 

*shared driveway and limited common element obligations, 

*frontage and access limitations, 

*and private road maintenance responsibilities. 

Irrelevant administrative, organizational, and procedural provisions have been omitted for brevity. 

a 

Purchaser Information Booklet 

AW 

Exhibit 6 - Disclosure Statement of Beach Woods

Exhibit 6 contains relevant excerpts from the Disclosure Statement of Beach Woods pertaining to:

*extinguishment of Sheldon Beach rights,

*lack of lake-access rights,

*shared driveway and limited common element obligations,

*frontage and access limitations,

*and private road maintenance responsibilities.

Irrelevant administrative, organizational, and procedural provisions have been omitted for brevity.

Page 71

TABLE OF CONTENTS

Beach Woods

Purchaser Information Booklet

1. 

Disclosure Statement of Beach Woods.

2. 

Recorded Master Deed with attached Exhibits, including Condominium Bylaws and

Condominium Subdivision Plan,

3. 

Articles of Incorporation of Beach Woods Condominium Association.

4. 

Association Bylaws of Beach Woods Condominium Association.

5. 

Escrow Agreement.

6. 

Condominium Buyers Handbook.

7. 

Instruction Sheet,

8. 

Receipt.

OR DOCS1511093vl

Page 72

DISCLOSURE STATEMENT

OF

BEACH WOODS

Effective Date: March 1,2010

A 19-Unit Site Condominium Development

located in the Township of Grand Haven,

Ottawa County, Michigan

DISCLOSURE STATEMENT 

OF 

BEACH WOODS 

Effective Date: March 1, 2010 

A 19-Unit Site Condominium Development 

located in the Township of Grand Haven, 

Ottawa County, Michigan

Page 73

BEACH WOODS

DISCLOSURE STATEMENT

Effective Date: March 1, 2010

THIS DISCLOSURE STATEMENT IS NOT REQUIRED TO HAVE BEEN AND

CONSEQUENTLY HAS NOT BEEN FILED WITH THE BUREAU OF COMMERCIAL

SERVICES OF THE MICHIGAN DEPARTMENT OF ENERGY, LABOR AND

ECONOMIC GROWTH, NOR HAS THE DEPARTMENT UNDERTAKEN TO PASS ON

THE VALUE OR MERITS OF THE DEVELOPMENT 

OR TO MAKE ANY

RECOMMENDATIONS AS TO THE PURCHASE OF UNITS IN THE PROJECT.

THIS DISCLOSURE STATEMENT IS NOT A SUBSTITUTE FOR THE MASTER

DEED, THE CONDOMINIUM BUYER'S HANDBOOK OR OTHER APPLICABLE

LEGAL DOCUMENTS AND BUYERS SHOULD READ ALL SUCH DOCUMENTS TO

FULLY ACQUAINT THEMSELVES WITH THE PROJECT AND THEIR RIGHTS

AND RESPONSIBILITIES RELATING THERETO.

IT IS RECOMMENDED THAT YOU CONSULT WITH AN ATTORNEY OR OTHER

ADVISOR PRIOR TO PURCHASING A CONDOMINIUM UNIT.

ARTICLE I

INTRODUCTION: SIZE AND SCOPE OF THE PROJECT

Beach Woods (the "Project" or "Condominiums") is a residential site

condominium project located along Lakeshore Avenue in the Township of Grand Haven, Ottawa

County, Michigan. The Developer of the Project is Merritt Land Company, L.L.C., a Michigan

limited liability company, of 171 Lakeside Drive SE, Grand Rapids, Michigan 49506.

Telephone number (616) 235-6939.

The Project has been established as a condominium under the Michigan

Condominium Act, which is Act 59 of the Public Acts of 1978, as amended (the "Act") and the

rules issued under the Act by the Michigan Department of Labor and Economic Growth, the

State agency which administers the Act. The property is owned by the Developer. The Project

contains a total of nineteen (19) condominium units on which single family residential homes

may be constructed. There are no recreational facilities at this time and none are planned by the

Developer.

Under the Act, the developer of a condominium project must fairly and accurately

disclose to prospective purchasers the characteristics of the Project and the condominium units

which it offers for sale. The required disclosure is made by furnishing each purchaser with a

"Disclosure Statement" in a form which summarizes the significant features of the development,

Page 74

ARTICLE V

FINANCIAL ARRANGEMENTS FOR CONSTRUCTION

The Project is not currently subject to mortgage financing and it is anticipated that

the Developer will provide all of the funds necessary for construction of the improvements for

the Project,

ARTICLE VI

ORGANIZATION AND CONTROL OF THE CONDOMINIUM

A. 

The Condominium Buyer's Handbook. General information about the

government and organization of condominiums in Michigan may be found in the Condominium

Buyer's Handbook, published by the Michigan Department of Energy, Labor & Economic

Growth, and provided to each purchaser by the Developer.

B. 

Condominium Association. Beach Woods Condominium Association

has been incorporated under the laws of the State of Michigan as a non-profit corporation (the

"Association"). It will be responsible for the management, maintenance and administration of

the Condominium. A person will automatically become a member of the Association upon

closing on the purchase of a unit.

The Articles of Incorporation and Bylaws of the Association which have been

provided to each purchaser with this Disclosure Statement govern the procedural operations of

the Association. The Association is governed by a three (3) person Board of Directors whose

initial members have been appointed by the Developer and who are empowered to serve pursuant

to the provisions of the Condominium Bylaws until the First Annual Meeting of Members of the

Association. The board may, however, be expanded to up to five (5) members. The First

Annual Meeting of members must be held on or before: (a) 120 days after legal or equitable title

to twenty-five percent (25%) of the condominium units have been conveyed to non-Developer

co-owners; or (b) 54 months after the first conveyance of legal or equitable title to a non-

Developer co-owner of a unit, whichever first occurs. Thereafter, some or all of the directors

will be elected by the co-owners of the units in the Condominium. Article III, Section 1, of the

Condominium Bylaws sets forth the complete requirements for election of directors.

Control of the Condominium will be turned over to the Association as an

independent entity at the transitional control date. The transitional control date is the date on

which a Board of Directors takes office pursuant to an election at which a majority of the

directors are elected by non-Developer co-owners. 

Until the transitional control date, the

Condominium will be managed by the Association, although the Association will be controlled

by the Developer. 

Even after the transitional control date, the Developer is entitled to

participate, through voting and through election of directors, in the affairs of the Condominium

to the extent it owns units in the Condominium.

Page 75

ARTICLE XI

INSURANCE

Beach Woods Condominium Association is responsible for securing fire and

extended coverage, vandalism and malicious mischief, liability insurance, and workmen's

compensation insurance, to the extent necessary and appropriate to the ownership, use, and

maintenance of the common elements of the Condominium. Such insurance policies contain

deductible clauses which, in the event of a loss, could result in the Association being responsible

for a certain portion of the loss. Unit owners, as members of the Association, would bear any

such loss in proportion to their percentage ownership of and responsibility for the common

elements. A copy of all policies of insurance will be made available at the offices of the

Developer for inspection by prospective purchasers. Co-owners should regularly review the

insurance coverage of the Condominium-to be certain it is adequate.

The insurance coverage provided by the Association will not cover the residences,

other buildings or other improvements constructed on the individual units, any appliances or

fixtures contained therein or any personal property of a co-owner contained in a condominium

unit or kept on the grounds of the Condominium. 

Each unit owner must therefore secure

condominium unit owner's insurance to insure against loss to the residence, other buildings and

other improvements constructed on his unit (including any appliances and fixtures), and his

personal property. A unit owner should review closely Article VI of the Condominium Bylaws,

and should consult with his insurance adviser to determine the amount of coverage required for

his particular needs. In the event a unit owner fails to procure his own insurance, he will be

uninsured for any loss that might occur to his unit, to himself or his property.

If the Condominium is destroyed, in whole or in part, Article VI of the

Condominium Bylaws provides a plan for reconstruction or repair.

The agency through which the insurance policies for the Condominium have been

purchased is as follows:

Lighthouse Insurance Group

877 East 16th Street

Holland, Michigan 49423-9130

ARTICLE XII

EASEMENTS

Certain easements have been reserved under Article VI of the Master Deed for the

benefit of the Developer, the co-owners, the Association, utility companies providing service to

the Condominiums. For example, representatives of the Association are entitled to enter upon a

Page 76

ARTICLE XVI

LOCAL GOVERNMENT; ROADS AND UTILITY SERVICES

The condominium project is located in Township of Grand Haven, Ottawa

County, and in the Grand Haven School District. Utility services to the Condominium Premises

are as follows:

(a) 

Electricity - Consumers Energy Company

(b) 

Gas - Michigan Gas Utilities

(c) 

Telephone - (various—as selected by unit owner)

(d) 

Water - Grand Haven Charter Township

(e) 

Sanitary Sewer - private septic systems

(f) 

Cable Television - Charter Communications

It is anticipated that the Condominium will be served by gas, electric, telephone

and public water service. Cable television services will also be available. Payment for these

services will be the responsibility of the individual owner. The costs of installing, maintaining,

repairing and replacing the utility leads (i.e., from the main to the point of entry to each

residence) shall be the responsibility of the owner of each residence. Each residence will be

served by an individual private septic system to be installed and maintained by the co-owner of

the unit. The storm water drainage system, to the extent located within the Project boundaries,

shall be maintained by the Association. Trash removal will be the responsibility of the co-

owners. In the event a public sanitary sewer system is installed at some time in the future which

serves the Condominium, individual owners may be required to pay a share of the cost of

installation of the system through a special assessment and also to connect to the public system at

their cost. The specific provisions of Article IV, Section E of the Master Deed explain these

potential obligations in greater detail.

Forest Beach Trail shown on the Condominium Subdivision Plan is private and

will be maintained by the Association with all such costs being allocated to the co-owners of

Units 1 through 15. Neither Grand Haven Township, Ottawa County nor any other public entity

or authority will have any responsibility for maintaining the road. The Association will be

responsible for replacing, repairing, maintaining and clearing (including snow removal) the road.

Replacement, repair and resurfacing of the road will be necessary from time to time as

circumstances dictate. It is impossible to estimate with any degree of accuracy future roadway

repair or replacement costs. It shall be the responsibility of the Association to inspect and

perform preventative maintenance of condominium roadways on a regular basis in order to

maximize the life of such roadways and to minimize repair and replacement costs.

Pursuant to an Agreement between the Developer and the Ottawa County Drain

Commissioner, the Beach Woods Drain ("Drain") and the Beach Woods Drain Drainage District

(the "Drainage District") have been established for the benefit of the Condominium. 

The

12

Page 77

Drainage District includes all of the units in the Condominium except Units 16, 17 and 18. In

addition, pursuant to a Drainage Easement, the Developer has granted to the Ottawa County

Drain Commissioner for the benefit of the Drainage District certain drainage easements for the

Drain as shown on the Condominium Subdivision Plan. In the event that the Drainage District

incurs costs for the operation, maintenance, repair, improvement or replacement of the Drain,

such costs may be assessed the units included in the Drainage District.

The Project is also subject to Grand Haven Township Ordinances and other

applicable laws and ordinances. Except with respect to subjects for which the Master Deed or

Bylaws provide more stringent standards, local ordinance and laws shall prevail.

ARTICLE XVII

FUTURE EXPANSION, CONTRACTION OR CONVERSION

No provision has been made for the expansion of the Project. However, the

Developer has reserved the right to subdivide, consolidate and modify units and to convert units

to common elements and to withdraw portions of the Condominium. The right and restrictions

on those rights are explained in Articles VII, VIII and IX of the Master Deed.

ARTICLE XVIII

RECREATIONAL FACILITIES AND ACCESS TO LAKE MICHIGAN

No recreational facilities are planned. 

However, co-owners of units in Beach

Woods, as members of the public, will have access to Lake Michigan by way of the Buchanan

Street road end located south and west of the Condominium (the "Buchanan Road End") to the

same extent, and subject to the same restrictions, as other members of the public. The use of the

Buchanan Road End is governed by a Settlement Agreement in the matter entitled Kool v Board

of Ottawa County Road Commissioners, et al. (Ottawa County Circuit Court Case No. 94-20493-

CH) dated March 1, 1996 (the "Settlement Agreement"). A copy of the Settlement Agreement

will be provided by Developer upon request. However, the use restrictions contained in the

Settlement Agreement are generally summarized by the sign posted on the Buchanan Road End.

Lake Drive Way lying west of Blue Water Road and Sheldon Beach Park as

shown on the original plat of Sheldon Beach Subdivision have been vacated pursuant to a

Consent Judgment entered by the Circuit Court for the County of Ottawa on November 12, 2009

and recorded November 25, 2009 in Instrument No. 2009-0046543, Ottawa County Records.

Co-owners of units in the Condominium have no rights or interest in either Lake Drive Way or

Sheldon Beach Park. 

In addition, each deed conveying a unit in the Project will contain an

acknowledgment by the purchaser of this fact and an express release of any and all rights such

purchaser may otherwise have in either Lake Drive Way or Sheldon Beach Park.

13

Page 78

SH 

LAU 

Exhibit 7 — Quit Claim Deeds Conveying 

DATs 

Former Sheldon Beach Park and Lake 

9/16/2010 10:41:0 

Drive Way 

2010-0033800 

FILED/SEALED FOR RECORD IN 

OTTAWA COUNTY, MI 

GARY SCHOLTEN R.O.D. 

09/16/2010 AT 3:18 PM 

QUIT CLAIM DEED 17.00 

QUIT CLAIM DEED 

DeWild Revocable Trust, under an Agreement dated April 29, 2008, of 12103 Blue Water 

Road, Grand Haven, Michigan 49417 (“Grantee”) the real property located in Grand Haven 

To 

Lots 2 and 3, Sheldon Beach Subdivision, Grand Haven Township, Ottawa County, 

Michigan, as amended by the Amended Plat of Lots 1-9, Vacated Lake Drive Way and 

Vacated Sheldon Beach Park, Sheldon Beach Subdivision, recorded on April 23, 2010 in 

Instrument No. 2010-0015560, Ottawa County Records. 

This instrument is exempt from the transfer taxes under MCLA 207.501 et seq. and MCLA 

207.521 et seq. being an instrument given to confirm title already vested in the Grantee. MCLA 

207.505(1) and MCLA 207.526(1). 

Dated this | _ day of Augrot 

,2010 

MERRITT LAND COMPANY, L.L.C. 

By The David G. Cook Trust, its Member 

wy 

Spi) A Coal 

David G. Cook, its Trustee 

STATE OF MICHIGAN 

) 

)ss 

COUNTY OF olain 

) 

OCROD PG 

1 OF 2

Exhibit 7 – Quit Claim Deeds Conveying

Former Sheldon Beach Park and Lake

Drive Way

Page 79

The foregoing instrument was acknowledged before me this |p, day of oust 

, 

2010 by David G. Cook, Trustee of the David G. Cook Trust, the sole member of Merritt Land 

Company, L.L.C., a Michigan limited liability company, TL 

company. 

_ 

Huskesen 

Notary Public, Kent County, MI 

My commission expires: 

Acting in 

County, MI 

This instrument drafted by: 

AMY B.FETT 

Robert W. Scott 

fwotary Pubic Huskegon County Michigan 

. 

cting 

in 

Otta 

it 

Miller, Johnson 

My Commission Expires 4-1 92013 

250 Monroe Ave. NW, Suite 800 

PO Box 306 

Grand Rapids, Michigan 49501-0306 

(616) 831-1700 

OCROD PG 2 OF 2

Page 80

eo. 

[NATE 

Tx:4044140 

8/18/2010 10:40:00 AM 

2010-0029786 

FILED/SEALED FOR RECORD IN 

OTTAWA COUNTY, MI 

GARY SCHOLTEN R.O.D. 

08/18/2010 AT 1:05 PM 

QUIT CLAIM DEED 17.00 

1QUIT CLAIM DEED 

MERRITT LAND COMPANY, L.L.C., a Michigan limited liability company, of 2426 

Arundel Rd. S.E., Grand Rapids, Nomen 49506-4808 and THE NAN 

esntreerCourt NE, 

Ada, Michigan 49301 (“Grantees”) the real property located in Grond 

Haven Township, Ottawa County, Michigan described as follows: 

Lots 4 and 5, Sheldon Beach Subdivision, Grand Haven Township, Ottawa County, 

Michigan, as amended by the Amended Plat of Lots 1-9, Vacated Lake Drive Way and 

Vacated Sheldon Beach Park, Sheldon Beach Subdivision, recorded on April 23, 2010 in 

Instrument No. 2010-0015560, Ottawa County Records. 

This instrument is exempt from the transfer taxes under MCLA 207.501 et seq. and MCLA 

207.521 et seq. being an instrument giveito confirm title already vested in the Grantees. MCLA 

207.505(1) and MCLA 207.526(1). 

ho 

Dated this // 

day of_(Usgusd—, 2010 

MERRITT LAND COMPANY, L.L.C. 

By The David i) 

ook Trust, its Member 

yw 

Th 

A Coals 

David G. Cook, its Trustee 

THE NANCY OLSEN COOK TRUST 

OCROD PG 

1 OF 2

Page 81

STATE OF MICHIGAN 

~~) 

)ss 

COUNTY OF shaw 

) 

The foregoing instrument was acknowledged before me this 

| ( 

day of Ma ast 

, 

2010 by David G. Cook, Trustee of the David G. Cook 

the sole member of Merritt Land 

Company, L.L.C., a Michigan limited liability company, 

febalf of . company. 

Hustegin 

1 

Notary Public, Kent County, MI 

My commission expires: 

Acting in 

County, MI 

AMY B.FETT 

i. 

STATE OF MICHIGAN 

) 

Hotary Public, Muskegon County, Michigan 

ing 

i 

County 

)ss 

Acting in Ottawa 

Expires 4-19-2013 

COUNTY OF bla UA 

) 

My Commission 

The foregoing instrument was acknowledged before me this 

I 

day of Aves) 

, 

2010 by Nancy Olsen Cook, Trustee of the Nancy Olson 0m Trust, op behalf of the'rust. 

ub 

use, 

Notary Public, Kent County, MI 

My commission expires: 

Acting in 

County, MI 

AMY B.FETT 

oo 

iotary Public, Muskegon County, Michigan 

is 

instrument 

drafted 

Acting in Ottawa County 

This 

ent 

by: 

My Commission Expires 4-1 9-2013 

Robert W. Scott 

Miller, Johnson 

250 Monroe Ave. NW, Suite 800 

PO Box 306 

Grand Rapids, Michigan 49501-0306 

(616) 831-1700 

OCROD PG 2 OF 2

Page 82

[I 

Tx:4044401 

8/20/2010 10:31:00 AM 

2010-0030116 

FILED/SEALED FOR RECORD IN 

OTTAWA COUNTY, MI 

GARY SCHOLTEN R.O.D. 

08/20/2010 AT 1:31 PM 

QUIT CLAIM DEED 17.00 

QUIT CLAIM DEED 

ROGER AND SUSANNE WARNER TRUST, of 426 

i» 

(“Grantee”) the real property located in Grand Haven Township, Ottawa County, Michigae 

described as follows: 

Lots 6 and 7, Sheldon Beach Subdivision, Grand Haven Township, Ottawa County, 

Michigan, as amended by the Amended Plat of Lots 1-9, Vacated Lake Drive Way and 

Vacated Sheldon Beach Park, Sheldon Beach Subdivision, recorded on April 23, 2010 in 

Instrument No. 2010-0015560, Ottawa County Records. 

This instrument is exempt from the transfer taxes under MCLA 207.501 et seq. and MCLA 

207.521 et seq. being an instrument given to confirm title already vested in the Grantee. MCLA 

207.505(1) and MCLA 207.526(1). 

Dated this \&> day 

of Hugs 

,2010 

MERRITT LAND COMPANY, L.L.C. 

By The David G. Cook Trust, its Member 

NOW UI, 

David G. Cook, its Trustee 

STATE OF MICHIGAN 

) 

COUNTY OF Ottawa 

OCROD PG 

1 OF 2

Page 83

The foregoing instrument was acknowledged before me this |} 

day of Auau Sr 

2010 by David G. Cook, Trustee of the David G. Cook 

Trust, the sole member of Mefritt Land 

Company, L.L.C., a Michigan limited liability company, pn behalf of 

Ce company. 

Notary Public, os 

uskeorn MI 

My commission expires: 

Acting in 

County, MI 

This instrument drafted by: 

AMY B.FETT 

Robert W. Scott 

otary Public, Muskegon County, Michigan 

Miller, Johnson 

Acting in Ottawa County 

250 Monroe Ave. NW, Suite 800 

Mv Commission Expires 4-19-2013 

PO Box 306 

Grand Rapids, Michigan 49501-0306 

(616) 831-1700 

OCROD PG 2 OF 2

Page 84

yoo 

[a 

v P lock to Ps ploy 

+ Qasstiate, PC 

Tx:4048946 

: 

0 

9/29/2010 11:03:00 AM 

Jat Eaad Jutton 

2010-0035688 

Rapiolo 

, mi 49503 

FILED/SEALED FOR RECORD IN 

OTTAWA COUNTY, MI 

GARY SCHOLTEN R.O.D. 

09/29/2010 AT 2:42 PM 

QUIT CLAIM DEED 17.00 

1 

T CLAIM DEED 

Arundel Rd. 

S.E., Grand Rapids, Michigan 49506-4808 

MILES J. MURPHY, as Trustee of the Miles J. Murphy 

S 

2 

ame 

JUDITH A. MURPHY, as Trustee of the Judith A. Murphy Trust ward 06127191, 

1 as 

s 

amended, 

of 2341 Burning Tree SE, Grand Rapids, Michigan 49506 (“Grantees”) the real property 

located in Grand Haven Township, Ottawa County, Michigan described as follows: 

Lots 

8 and 9, Sheldon Beach Subdivision, Grand Haven Township, Ottawa County, 

Michigan, as amended by the Amended Plat of Lots 1-9, Vacated Lake Drive Way and 

Vacated Sheldon Beach Park, Sheldon Beach Subdivision, recorded on April 23, 2010 in 

Instrument No. 2010-0015560, Ottawa County Records. 

This instrument is exempt from the transfer taxes under MCLA 207.501 et seq. and MCLA 

207.521 et seq. being an instrument given to confirm title already vested in the Grantees. MCLA 

207.505(1) and MCLA 207.526(1). 

Dated this | day of Aug ,2010 

MERRITT LAND COMPANY, L.L.C. 

By The David G. Cook Trust, its Member 

(nu) 8 Caahl. 

David G. Cook, its Trustee 

STATE OF MICHIGAN 

) 

COUNTY OF ola 

OCROD PG 

1 OF 2

Page 85

The foregoing instrument was acknowledged before me this |} day of Hug ust 

> 

2010 by David G. Cook, Trustee of the David G. Cook Trust, the sole member of Merritt Land 

Company, L.L.C., a Michigan limited liability company, 

on behalf of a company. 

This instrument drafted by: 

Robert W. Scott 

Miller, Johnson 

250 Monroe Ave. NW, Suite 800 

PO Box 306 

Grand Rapids, Michigan 49501-0306 

(616) 831-1700 

OCROD PG 2 OF 2 

wb 

Muleaen 

Notary Public, Kent County, MI 

My commission expires: 

Acting in 

County, MI 

AMY B. FETT 

oo 

iotary Pubic, Muskegon County, Michigan 

Acting in Ottawa County 

av Commission Exnires 4-19-2013

Page 86

Thermofoil cabinet 

- 

Thermofoil cabinet - 

Thermofoil cabinet - 

Open cabinet back with 

Melamine Cabinets - 

Builder Grade - 2nd Floor 

Builder Grade - Basement 

Builder Grade - Laundry 

laminate linings - Builder 

Builder Grade- Pantry and 

Bath 1 

Kitchen 

Room 

Grade-typical throughout 

closets 

Thermofoil cabinet - 

Stapled/glued drawer 

Stapled/glued drawer 

Thermofoil cabinet - 

Melamine Cabinets - 

Builder Grade - Basement 

boxes - Builder Grade - 

boxes - Builder Grade - 

Builder Grade - 2nd Floor 

Builder Grade- Pantry and 

Island 

typical throughout 

typical throughout 

Bath 2 

closets 

k 

RE 

— _= 

| 

a 

i 

i 

il 

cabinet 

- 

il 

cabinet 

- 

il 

cabinet 

- 

Thermofoil cabinet - 

Open cabinet back with 

Thermofoil cabinet 

Thermofoil cabinet 

Thermofoil cabinet 

€ 

pei linings - Builder 

Builder Grade - 2nd Floor 

Builder Grade - 2nd Floor 

Builder Grade - Laundry 

Builder Grade - Basement 

Grade-typical throughout 

Bath 2 

Bath 2 

Room 

Kitchen 

Thermofoil cabinet - 

Thermofoil cabinet - 

Builder Grade - Basement 

Builder Grade - Kitchen 

Bath 

Island

Thermofoil cabinet -

Builder Grade - 2nd Floor

Bath 1

Thermofoil cabinet -

Builder Grade - Basement

Kitchen

Thermofoil cabinet -

Builder Grade - Laundry

Room

Thermofoil cabinet -

Builder Grade - 2nd Floor

Bath 2

Thermofoil cabinet -

Builder Grade - Basement

Island

Thermofoil cabinet -

Builder Grade - 2nd Floor

Bath 2

Thermofoil cabinet -

Builder Grade - 2nd Floor

Bath 2

Thermofoil cabinet -

Builder Grade - Laundry

Room

Open cabinet back with

laminate linings - Builder

Grade-typical throughout

Open cabinet back with

laminate linings - Builder

Grade-typical throughout

Stapled/glued drawer

boxes - Builder Grade -

typical throughout

Stapled/glued drawer

boxes - Builder Grade -

typical throughout

Melamine Cabinets -

Builder Grade- Pantry and

closets

Melamine Cabinets -

Builder Grade- Pantry and

closets

Exhibit 8 - Cabinet Construction

Thermofoil cabinet -

Builder Grade - Basement

Kitchen

Thermofoil cabinet -

Builder Grade - Basement

Bath

Thermofoil cabinet -

Builder Grade - Kitchen

Island

45% of the cabinets are thermofoil (builder grade) cabinets.

 20% are melamine (also builder grade). Only 35% are

stained wood located in the Kitchen (less the island) and

the master bath. Regardless of finish, all cabinets have no

backs and no dovetail joinery consistent with Builder Grade

modular materials, not custom built-ins.

Page 87

Exhibit 9 - Countertops 

Laminate top - Builder 

Grade - 2nd Floor Bath 1 

Laminate top - Builder 

Grade - Laundry Room 

Se _—% 

Laminate top - Builder 

Grade - Laundry Room 

Melamine used as counter 

top - Builder Grade- 

Pantry 

Laminate top - Builder 

Grade - 2nd Floor Bath 2 

Laminate top - Builder 

Grade - 2nd Floor Bath 2 

Laminate top - Builder 

Grade - 2nd Floor Bath 2 

Laminate top - Builder 

Grade - Basemen Kitchen 

and Island 

Laminate top - Builder 

Grade - Basement Kitchen 

and Island 

Laminate top - Builder 

Grade - Basement Kitchen 

and Island 

Melamine used as counter 

top - Builder Grade- 

Pantry 

Laminate top - Builder

Grade - 2nd Floor Bath 1

Laminate top - Builder

Grade - Basement Kitchen

and Island

Laminate top - Builder

Grade - Laundry Room

Laminate top - Builder

Grade - 2nd Floor Bath 2

Laminate top - Builder

Grade - Basement Kitchen

and Island

Laminate top - Builder

Grade - 2nd Floor Bath 2

Laminate top - Builder

Grade - 2nd Floor Bath 2

Laminate top - Builder

Grade - Laundry Room

Melamine used as counter

top - Builder Grade-

Pantry

Melamine used as counter

top - Builder Grade-

Pantry

Exhibit 9 - Countertops

Laminate top - Builder

Grade - Basemen Kitchen

and Island

Page 88

Shaw Vinyl Plank Floors - 

Shaw Vinyl Plank Floors - 

Shaw Vinyl Plank Floors - 

Not Hardwood - Builder 

Not Hardwood - Builder 

Not Hardwood - Builder 

Grade - Kitchen and Living 

Grade - Kitchen and Living 

Grade - Basement Bar, 

Room 

Room 

Living Room and Hallways 

Shaw Vinyl Plank Floors - 

Shaw Vinyl Plank Floors - 

Shaw Vinyl Plank Floors - 

Not Hardwood 

- Builder 

Not Hardwood - Builder 

Not Hardwood - Builder 

Grade - Kitchen and Living 

Grade - Kitchen and Living 

Grade - Basement Bar, 

Room 

Room 

Living Room and Hallways 

Shaw Vinyl Plank Floors - 

Not Hardwood - Builder 

Grade - Basement Bar, 

Living Room and Hallways 

Shaw Vinyl Plank Floors - 

Not Hardwood - Builder 

Grade - Basement Bar, 

Living Room and Hallways 

Approximately 1,600 sqft of the home is carpet. Approximately 500 sqft of the home is ceramic tile. The remainder is builder grade vinyl plank floors.

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Kitchen and Living

Room

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Kitchen and Living

Room

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Basement Bar,

Living Room and Hallways

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Basement Bar,

Living Room and Hallways

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Basement Bar,

Living Room and Hallways

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Basement Bar,

Living Room and Hallways

Exhibit 10 - Flooring

Approximately 1,600 sqft of the home is carpet. Approximately 500 sqft of the home is ceramic tile. The remainder is builder grade vinyl plank floors. 

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Kitchen and Living

Room

Shaw Vinyl Plank Floors -

Not Hardwood - Builder

Grade - Kitchen and Living

Room

Page 89

Exhibit 11 

- Windows 

Vinyl Double-Hung windows 

Vinyl Double-Hung 

Vinyl Double-Hung 

Vinyl Double-Hung 

with Vinyl Sliders - No brand 

windows with Vinyl Sliders 

windows with Vinyl Sliders 

windows with Vinyl Sliders 

listed. Standard sizes. 

- No brand listed. 

- No brand listed. 

- No brand listed. 

Builder-Grade 

Builder-Grade 

Builder-Grade 

Builder-Grade 

HOME CERTIFIED TO MEET THE PROVISIONS OF THE 

2015 MICHIGAN 

ENERGY CODE 

“This home 

buf at 

12067 Forest Beach Tra, Grand Haven, MI 

Engetsms Homes, 

ences he mimi eee othe 11S Win Er 

Code 

- 

4 

LJ 

i 

Per energy code 

Vinyl Double-Hung 

ener 

C 

windows with Vinyl Sliders 

certification, window 

- No brand listed. 

u-value is a .31. The 

Builder-Grade 

minimum code 

requirement 

Vinyl Double-Hung windows

with Vinyl Sliders - No brand

listed. Standard sizes. 

Builder-Grade

Exhibit 11 - Windows

Vinyl Double-Hung

windows with Vinyl Sliders

- No brand listed. 

Builder-Grade

Vinyl Double-Hung

windows with Vinyl Sliders

- No brand listed. 

Builder-Grade

Vinyl Double-Hung

windows with Vinyl Sliders

- No brand listed. 

Builder-Grade

Vinyl Double-Hung

windows with Vinyl Sliders

- No brand listed. 

Builder-Grade

Per energy code

certification, window

u-value is a .31. The

minimum code

requirement

Page 90

MDF Trim throughout the home. 

No hard wood trim anywhere. 

Photo taken at garage entrance 

that was never painted. Class C 

Material 

OSB sheathing used for 

exterior walls, sub-floor 

and roof deck. 

No 

plywood present. Class C 

and BC Material 

Bedroom 1 upstairs, sloped 

ceiling is under 5' on two 

opposing walls. Non-usable and 

limited functionality. Not 

consistent with B+10 

construction. 

1/2" drywall. No known 

presence of 5/8" drywall. 

Photo taken from unfinshed 

storage room. Class BC 

Material 

Per energy code certification, 

R-15 - Standard Wood Frame 

exterior walls. 

4" studs, OSB 

sheathing and tyvek building 

wrap. No insulation board. 

Minimum code standard. 

Bedroom 2 upstairs, sloped 

ceiling is under 5' on two 

opposing walls. Non-usable and 

limited functionality. Not 

consistent with B+10 

construction. 

All trusses and joists are 

OSB engineered systems. 

No solid wood 2x12 or 

2x8 construction visible. 

Class C and BC Material 

OSB Sheathing used for 

exterior walls, sub-floor 

and roof deck. No 

plywood present. Class 

BC Material 

Per energy code certification, 

R-15 

- Standard Wood Frame 

exterior walls. 

4" studs, tyvek 

building wrap. 

No insulation 

board. Minimum code 

standard. 

Under stair storage with ceiling 

under 5'. Non-usable and 

limited functionality. Should not 

be included with gross square 

footage.

MDF Trim throughout the home.

 No hard wood trim anywhere. 

Photo taken at garage entrance

that was never painted. Class C

Material 

Exhibit 12 - Interior Materials

1/2" drywall. No known

presence of 5/8" drywall. 

Photo taken from unfinshed

storage room. Class BC

Material

OSB Sheathing used for

exterior walls, sub-floor

and roof deck. No

plywood present. Class

BC Material

All trusses and joists are

OSB engineered systems.

 No solid wood 2x12 or

2x8 construction visible. 

Class C and BC Material

OSB sheathing used for

exterior walls, sub-floor

and roof deck. No

plywood present. Class C

and BC Material

Per energy code certification,

R-15 - Standard Wood Frame

exterior walls. 4" studs, tyvek

building wrap. No insulation

board. Minimum code

standard.

Per energy code certification,

R-15 - Standard Wood Frame

exterior walls. 4" studs, OSB

sheathing and tyvek building

wrap. No insulation board. 

Minimum code standard.

Bedroom 1 upstairs, sloped

ceiling is under 5' on two

opposing walls. Non-usable and

limited functionality. Not

consistent with B+10

construction.

Bedroom 2 upstairs, sloped

ceiling is under 5' on two

opposing walls. Non-usable and

limited functionality. Not

consistent with B+10

construction.

Under stair storage with ceiling

under 5'. Non-usable and

limited functionality. Should not

be included with gross square

footage.

Page 91

AUTOMATIC STORAGE WATER HEATER 

20 Gallon water heater. This is 

All supply and drain 

PVC plumbing. 

No cable 

PVC plumbing. 

No cable 

he required size for Class BC. 

plumbing done in PVC. 

tray or conduit. wires and 

tray or conduit. wires and 

ass B requires 80 Gallon. 

No cooper or PEX 

plumbing drilled through 

plumbing drilled through 

present. 

the closed MDF truss web. 

the closed MDF truss web. 

HOME CERTIFIED TO MELT THE PROVISIONS OF THE 

2015 MICHIGAN ENERGY | 

“This home 

but at 

12067 Forest Beach Tra, Grand Haven, MI 

Cold air returns for 

Per energy code 

All supply and drain 

Insert shower/tub combos. 

mechanical systems relies 

certification, only one 

plumbing done in PVC. 

No jetted or jacuzzi tubs. 

on the trusses, not 

HVAC system. 

13 SEER 

No cooper or PEX 

Builder Grade. 

independent ductwork. 

condenser which is the 

present. 

minimum standard.

50 Gallon water heater. This is

the required size for Class BC.

 Class B requires 80 Gallon.

Exhibit 13 - Plumbing

All supply and drain

plumbing done in PVC. 

No cooper or PEX

present. 

PVC plumbing. No cable

tray or conduit. wires and

plumbing drilled through

the closed MDF truss web.

PVC plumbing. No cable

tray or conduit. wires and

plumbing drilled through

the closed MDF truss web.

Cold air returns for

mechanical systems relies

on the trusses, not

independent ductwork. 

All supply and drain

plumbing done in PVC. 

No cooper or PEX

present. 

Per energy code

certification, only one

HVAC system. 13 SEER

condenser which is the

minimum standard.

Insert shower/tub combos.

No jetted or jacuzzi tubs.

Builder Grade.

Page 92

*** Information herein deemed reliable but not guaranteed***

OTTAWA

County:

GRAND HAVEN CHARTER TWNSP

Jurisdiction:

Printed on

Parcel Number:

16-70-07-16-351-007

357,388C

394,300

301,800

92,500

2023

375,257C

462,700

365,700

97,000

2024

386,889C

480,700

383,200

97,500

2025

Tentative

Tentative

Tentative

Tentative

2026

Taxable

Value

Tribunal/

Other

Board of

Review

Assessed

Value

Building

Value

Land

Value

Year

Land Improvement Cost Estimates

Description Rate Size % Good Cash Value

Fencing: Modular 21.22 180 97 3,705

D/W/P: 4in Concrete 8.61 714 92 5,656

D/W/P: Asphalt Paving 3.81 2044 92 7,165

Wood Frame 34.95 200 97 6,780

Unit in Place Item(s)

Description Rate Size % Good Cash Value

 ALUM FENCE 4 FT 25.00 180 97 4,365

 Total Estimated Land Improvements True Cash Value = 27,671

 * Factors *

Description Frontage Depth Front Depth Rate %Adj. Reason Value

<Site Value B> STANDARD LOT 175000 100 175,000

 167 Actual Front Feet, 1.01 Total Acres Total Est. Land Value = 175,000

Land Value Estimates for Land Table 8201.8201 LAKE MI INFLUENCE

AL 01/31/2018 INSPECTED

AL 12/19/2017 INSPECTED

LP 09/13/2010 INSPECTED

Who When What

Level

Rolling

Low

High

Landscaped

Swamp

Wooded

Pond

Waterfront

Ravine

Wetland

Flood Plain

 

 

 

 

 

 

 

 

X

 

 

 

 

Topography of 

Site

Dirt Road

Gravel Road

Paved Road

Storm Sewer

Sidewalk

Water

Sewer

Electric

Gas

Curb

Street Lights

Standard Utilities

Underground Utils.

 

 

X

 

 

X

 

 

 

 

X

X

 

Public

Improvements

Vacant

 

Improved

X

The Equalizer. Copyright (c) 1999 - 2009.

Licensed To: Township of Grand Haven,

County of Ottawa, Michigan

Split/Comb. on 10/21/2009 completed

10/21/2009 DCHALIFOUX SITE CONDO ;

Parent Parcel(s): 70-07-16-351-001,

70-07-16-351-002;

Child Parcel(s): From 000636681757-005 to

000636681776-005;

-----------------------------------------

Comments/Influences

UNIT 3 OF BEACH WOODS, ACCORDING TO

MASTER DEED AS RECORDED IN THE OTTAWA

COUNTY REGISTER OF DEEDS DOCUMENT #

2010-0006295 CONDOMINIUM SUBDIVISION PLAN

NO. 557 SEC 16 T7N R16W

Tax Description

DONOVAN KEVINN-TARA

12067 FOREST BEACH TRL PVT

GRAND HAVEN MI 49417

Owner's Name/Address

12067 FOREST BEACH TRL PVT

Property Address

100% COMPL

P21BU0319

06/25/2021

POOL/SPA/HOT TUB

2026 Est TCV Tentative

ADDITIONAL

P21EL0212

07/08/2021

ELECTRICAL

MAP #: 

ADDITIONAL

P21ME0299

07/23/2021

MECHANICAL

P.R.E. 100% 10/27/2025 

100% COMPL

P21ZL0193

01/26/2022

SHED (<200 SQFT)

School: GRAND HAVEN CITY SCHOOL DIST

Status

Number

Date

Building Permit(s)

Zoning: R-1

Class: RESIDENTIAL-IMPROV

100.0

PROPERTY TRANSFER 

17-0019515

03-ARM'S LENGTH

WD

05/26/2017

215,000

CURTIS SCOTT P-SARAH B

MERRITT LAND COMPANY LLC

0.0

DEED

22-0029266

06-COURT JUDGEMENT

QC

07/21/2022

0

CURTIS SCOTT P 

CURTIS SCOTT P-SARAH B

100.0

PROPERTY TRANSFER 

2025-0025614

03-ARM'S LENGTH

WD

09/05/2025

1,300,000

DONOVAN KEVINN-TARA

CURTIS SCOTT P

Prcnt.

Trans.

Verified

By

Liber

& Page

Terms of Sale

Inst.

Type

Sale

Date

Sale

Price

Grantee

Grantor

02/20/2026

Exhibit 14 – Property Record Card

Fence is charged twice. 

We have just 148' of

fence total per GIS Map

Based on the Depreciation

Table for Residences, the fence

and wood frame should read

95% and the concrete and

asphalt should read 91%

The Property is

not waterfront.

Land Table 8302 -

Southwest of US 31

should be used

Frontage is

functionally

overstated as

the property

has shared

access, not

independent

access

Page 93

Class: B +10

Effec. Age: 8

Floor Area: 2,534 

Total Base New : 777,126 E.C.F.

Total Depr Cost: 714,969 X 1.060

Estimated T.C.V: 757,867 

Carport Area: 

Roof: 

Bsmnt Garage: 

Year Built: 2017

Car Capacity: 3

Class: B

Exterior: Siding

Brick Ven.: 0

Stone Ven.: 0

Common Wall: 1 Wall

Foundation: 42 Inch

Finished ?: Yes

Auto. Doors: 3

Mech. Doors: 0

Area: 1036

% Good: 0

Storage Area: 0

No Conc. Floor: 0

 (17) Garage

CCP (1 Story)

CCP (1 Story)

CPP

4in Concrete

168

196

368

108

Type

Area

 (16) Porches/Decks

Interior 1 Story

Interior 2 Story

2nd/Same Stack

Two Sided

Exterior 1 Story

Exterior 2 Story

Prefab 1 Story

Prefab 2 Story

Heat Circulator

Raised Hearth

Wood Stove

Direct-Vented Gas

 

 

 

 

 

 

2

 

 

1

 

 

 (15) Fireplaces

Appliance Allow.

Cook Top

Dishwasher

Garbage Disposal

Bath Heater

Vent Fan

Hot Tub

Unvented Hood

Vented Hood

Intercom

Jacuzzi Tub

Jacuzzi repl.Tub

Oven

Microwave

Standard Range

Self Clean Range

Sauna

Trash Compactor

Central Vacuum

Security System

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (15) Built-ins

 Lump Sum Items:

Public Water

Public Sewer

Water Well

1000 Gal Septic

2000 Gal Septic

1

 

 

2

 

 (14) Water/Sewer

Average Fixture(s)

3 Fixture Bath

2 Fixture Bath

Softener, Auto

Softener, Manual

Solar Water Heat

No Plumbing

Extra Toilet

Extra Sink

Separate Shower

Ceramic Tile Floor

Ceramic Tile Wains

Ceramic Tub Alcove

Vent Fan

 

5

1

 

 

 

 

 

4

1

 

 

 

 

 (13) Plumbing

Few

 

Ave.

X

Many

 

No. of Elec. Outlets

Min

 

Ord.

X

Ex.

 

 No./Qual. of Fixtures

Amps Service

200

 (12) Electric

Central Air

Wood Furnace

 

 

Forced Air w/o Ducts

Forced Air w/ Ducts 

Forced Hot Water

Electric Baseboard

Elec. Ceil. Radiant

Radiant (in-floor)

Electric Wall Heat

Space Heater

Wall/Floor Furnace

Forced Heat & Cool

Heat Pump

No Heating/Cooling

 

 

 

 

 

 

 

 

 

X

 

 

Elec.

Steam

 

Oil

Coal

 

Gas

Wood

X

 (11) Heating/Cooling

 Joists: 

 Unsupported Len: 

 Cntr.Sup: 

 (10) Floor Support

Recreation SF

Living SF

Walkout Doors (B)

No Floor SF

Walkout Doors (A)

 

1344

1

 

 

 (9) Basement Finish

Conc. Block

Poured Conc.

Stone

Treated Wood

Concrete Floor

 

 

 

 

 

 (8) Basement

 Basement: 1805 S.F.

 Crawl: 0 S.F.

 Slab: 0 S.F.

 Height to Joists: 0.0

 (7) Excavation

 

 

Drywall

Tray

X

X

 (6) Ceilings

 Kitchen: Tile

 Other: Hardwood

 Other: Carpeted

 (5) Floors

H.C.

X

Solid

 

Doors:

Small

 

Ord

X

Lg

 

Size of Closets

Min

 

Ord

X

Ex

 

Trim & Decoration

Plaster

Wood T&G

 

 

Drywall

Paneled

X

 

(4) Interior

Eavestrough

Insulation

Front Overhang

Other Overhang

 

 

 0

 0

 (3) Roof (cont.)

*** Information herein deemed reliable but not guaranteed***

Residential Building 1 of 1

Printed on

Parcel Number:

16-70-07-16-351-007

 Chimney: 

Asphalt Shingle

 

Gambrel

Mansard

Shed

 

 

 

Gable

Hip

Flat

X

 

 

 (3) Roof

Wood Sash

Metal Sash

Vinyl Sash

Double Hung

Horiz. Slide

Casement

Double Glass

Patio Doors

Storms & Screens

 

 

X

 

 

 

 

 

Large

Avg.

Small

 

X

 

Many

Avg.

Few

 

X

 

 (2) Windows

Wood/Shingle

Aluminum/Vinyl

Brick

 

Insulation

 

X

 

 

 (1) Exterior

Basement

1st Floor

2nd Floor

Bedrooms

6

9

5

5

 Room List

Condition: Excellent

Remodeled

0

 Yr Built

 2017 

 Building Style:

 1+ STORY

Wood Frame

X

Single Family

Mobile Home

Town Home

Duplex

A-Frame

X

 

 

 

 

 Building Type

02/20/2026

Effective age is 2026 - 2017 = 9

Class should

be B-5 or BC

Only 4 3-fixture baths.

No code compliant

separate shower

Condition is Very Good at 91%

per Depreciation Table for

Residences with age of 9 years

No hardwood is present in the

home. No tile is present in the

kitchen. Only vinyl plank.

All dimensions appear

to be gross structural

dimensions, not

functional living

dimensions

Page 94

Exhibit 15 — Fence and Property Features 

« 

© 

= gemiottawa org/otawaigeosortepropertymapping 

* 

(7) Ottawa County 

o 

PD 

XQ 

Rehwude 

ZZ, Chek or tap to eam 3 messsement line Double ick/ap to fo 

X- 

Pats 8 Site Condor 

Sections & Quarter Sections 

Rods Conteris) 

schooi Dries 

neticten Outines 

T2ge7 

erat Photography 

351.007 

Su 

0 a 

« 

C= glsmiottaws 

org/ottawa/geccone 

— 

PD 

RB 

OQ 

Show! 

is Ottawa County 

a 

_— 

7] 

a 

2 e 

ov 

@ 

YY 

he 

civ 

Ih 

@ 

LJ 

5, 

ick or tap 

draw messurement 

ine. Double dkkap to nish, X 

Sections & Quarter Sections 

Rosds (Conteines) 

Per Article VIII, kk of the Bylaws in the Master Deed, Bylaws (Exhibit 5) - "...no 

direct access from Units 1 through 3 to Blue Water Road will be permitted.” 

Per Ottawa GIS Mapping, 148 

LF of fence around the pool 

shared access driveway with 

12073 and 12041 Forest Beach 

Trail Per Article IV, B (3) of the 

Master Deed 

No independent access or 

actual frontage to Forest Beach 

Trail. Secondary or Interior Lot 

Exhibit 15 – Fence and Property Features

shared access driveway with

12073 and 12041 Forest Beach

Trail Per Article IV, B (3) of the

Master Deed

No independent access or

actual frontage to Forest Beach

Trail. Secondary or Interior Lot

Per Article VIII, kk of the Bylaws in the Master Deed, Bylaws (Exhibit 5) - "...no

direct access from Units 1 through 3 to Blue Water Road will be permitted."

Per Ottawa GIS Mapping, 148

LF of fence around the pool

Page 95

Exhibit 16 - Bathroom and Fixture Documentation 

Living Room 

zt 

1 

Main Level 

Primary 

Prima 

k 

Pantry #1 

g 

i 

i 

CovPorch 

Ls 

Patio 

N 

a| 

Entry 

Dining Room 

| 

15.1 

Kitchen 

F 

2 

H 

LT 

19' 

14.5 

Entry 

oN 

Co 

9 

Bedroom 

Recreation 

Room #1 

Basement 

(x3 

Bedroom 

12' 

o 

8 

» 

N 

Hy 

a) 

TRY 

125 

Only 4 full and 

1 1/2 Bath 

Exhibit 16 - Bathroom and Fixture Documentation

Only 4 full and 1 1/2 Bath

Page 96

Exhibit 17 — 2026 Board of Review Decision Notice 

2026 BOARD OF REVIEW DECISION 

FROM 

ASSESSOR-ASHLEY LARRISON 

GRAND HAVEN CHARTER TOWNSHIP 

13300 168TH AVE 

GRAND HAVEN, MI 49417 

NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL 

PROPERTY IDENTIFICATION: (Parcel Code required. Property address 

and legal description optional.): 

16-70-07-16-351-007 12067 FOREST BEACH TR 

DONOVAN KEVINN-TARA 

12067 FOREST BEACH TRL PVT 

GRAND HAVEN MI 49417 

THIS PROPERTY IS CLASSIFIED 

401 

(RESIDENTIAL-IMPROVED) 

Thank you for attending this year's March Board of Review. The Board has reviewed the information you supplied and the data necessary 

to compute your assessment and taxable value. 

The Board has completed their review of parcel number 

16-70-07-16-351-007 

They have made the following determination based on the information you supplied. 

Board of Review Comments 

[provIDED SUFFICIENT INFORMATION TO WARRANT VALUE CHANGE 

| 

[2026 ORIGINAL ASSESSED VALUE 

480,300 

[2026 "BOARD OF REVIEW" ASSESSED VALUE 

467,446 

(If the above amounts are the same, no revisions have occured) 

2026 ORIGINAL TAXABLE VALUE 

480,300 

2026 "BOARD OF REVIEW" TAXABLE VALUE 

467,446 

2026 

PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 

100.0000 

If you disagree with the decision of the Board of Review regarding tentative taxable value, further appeal may be made to the Michigan Tax 

Tribunal by May 31 for Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility 

Personal Property or by July 31 for Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property. 

Contact Information: 

Property Classification appeals ONLY may be appealed to the State Tax Commission: 

Michigan Tax Tribunal 

State Tax Commission 

P.O. Box 30232 

Classification Appeals 

Lansing, MI 48909 

P.0.Box 30471 

www.michigan.gov/taxtrib 

Lansing MI 48909 

Please feel free to contact the assessor at the address listed above or call (616)842-5988 if you have any questions. 

Thank you, 

Grand Haven Township 

Board of Review

Exhibit 17 – 2026 Board of Review Decision Notice

Page 97

Form 618, Page 2 

FOR BOARD OF REVIEW USE ONLY 

INSTRUCTIONS: Incorporate a copy of this form and the assigned number in the Board of Review minutes. 

Petition Number 

Parcel Code 

70-07-16-351-007 

1. ASSESSED VALUE 

isposition by Board of Review. The Board of Review must state the reason for its action below. 

[| 

Denied 

Xx 

Assessed Value Changed From: 

[ 

480,300 

Jro: 

= ty] 

f 

Zl J 

| 

Record of Vote - Board or three member commitiee of board 

Chairperson: fives 

[] no 

{Ys 

Member: 

[7 ves 

C0 No 

Twi 

Member 

[XT ves 

[J] 

No 

I 

Initials 

Initials 

Initials | 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding tentative assessed value, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at 

PO Box 30232, Lansing MI 48909. Commercial Real, Industrial Real, Developmental Real, Commercial Personal, Industrial Personal and Utility Personal Property may be 

appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed on 

a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www. michigan. gov/taxtrib. 

2. TENTATIVE TAXABLE VALUE 

Disposition by Board of Review. The Board of Review must state thy 

+ 

i 

O 

Denied 

Tentative Taxable Value Changed From, 

(See attached L-4035A) 

Record of Vote - Board or three member committee of board. 

Chairperson: [id Yes 

[J 

no 

_{/” 

Member: 

[¥ves 

[J 

No 12 

Member [iF ves 

[Iw 

Initials 

Initials 

Initials 

Rg 

B 

= 

3 

v 

€ 

EVIEW 

TE 

E] 

ECISTOT 

DY 

ga 

petition 

with the Michigan Tax Tribunal at 

PO 

Box 30232, 

Lansing MI 48909. Cor 

I, Devel 

al, Industrial Personal and Utility Personal Property may be 

appealed by May 31. Agricultural Real, Residential Real, Timber - Cut Over Real, and Agricultural Personal Property may be appealed by July 31. The petition must be filed 

on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at www.michigan.gov/taxtrib. 

3. CLASSIFICATION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

O 

Denied 

O 

Classification Changed From: 

401 

To: 

Record of Vote - Board or three member committee of board. 

Chairperson: 

[] YES 

[J] 

NO 

Member: 

[] YEs 

[] 

no 

Member: 

[] ves 

[J no____ 

Initials 

Initials 

Initials 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding classification, you may appeal by sending Form 2167 to the State Tax Commission, PO Box 30471, Lansing 

MI 48909 by June 30. 

4. QUALIFIED AGRICULTURAL PROPERTY EXEMPTION 

Disposition by Board of Review. The Board of Review must state the reason for its action below. 

O 

Exemption Request Denied 

OJ 

Exemption percent modified from 

% To: 

% 

Record of Vote - Board or three member committee of board. 

Chairperson: 

[] Yes 

[J 

NO 

Member: 

[] Yes 

[J] No 

Member: 

[] YEs 

[J No 

Initials 

Initials 

Initials 

Reason for Board Action: 

If you disagree with the decision of the Board of Review regarding qualified agricultural property exemption, you may appeal that decision by filing a petition with the Michigan Tax Tribunal at PO Box 

30232, Lansing MI 48909 by July 31. The petition must be filed on a Michigan Tax Tribunal form or a form approved by the Michigan Tax Tribunal. Michigan Tax Tribunal forms are available at 

ib. 

5. ADJOURNMENT 

Date of Final Adjournment of Board of Review 

3/i3/2e2& 

Board of Review Sec 

Date 

CN 

o_ 

3/13 /z 02 

Michigan Department of Treasury 

© 

618 (Rev. 12:25)

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