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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Page 1
Page 1 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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Page 2 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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Page 3 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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Page 4 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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Page 5 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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Page 6 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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Page 7 (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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Page 8 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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Page 9 (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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Page 10 • 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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Page 11 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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Page 12 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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Page 13 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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Page 14 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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Page 15 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
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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.
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AND
Table 8201.8201
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Juniper Hills - Standard
RS
Lot - Southwest of US 31
-
Land Table 8302.8302
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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 MapPage 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.
2Page 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:
3Page 20
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 4
Page 21
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
Page 22
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
7Page 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
Page 26
.· 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
Start a petition Share this petition This petition had 167 supporters 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
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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
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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!!! Share this petition Share this petition in person or use the QR code for your own material. Copy link WhatsApp Facebook Nextdoor More updates D D Share this petition 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 3/16
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-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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Exhibit 4 – Sheldon Beach Subdivision PlatPage 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 20
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)
39Page 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. 41
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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 42
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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. 43
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
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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
12Page 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
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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
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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
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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
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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
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[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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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*** 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
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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
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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
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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
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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
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=
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v
€
EVIEW
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ECISTOT
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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)