24-003522.pdf

Ray B Grimm, Petitioner V Township Of Gun Plain, Respondent · 24-003522-TT

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RECEIVED 

0CT 22 2024 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

MTT DOCKET NO. 24-003522 

Section 1: Respondent’s Contact Information 

381 8th St 

First Name: 

M.D: 

Last Name/Company Name/Unit of Government: 

Heather 

Mitchell 

Home Address (No,, Street, P.O, Box or Rural Route): 

County: Allegan 

Plainwell 

Mi 

City or Town: 

State: 

ZIP Code: 

49078 

Telephone Number: 

269-685-9471 

Fax Number: 

hmitchell@gunplain.org 

E-mail Address (do not enter unless you want MTT to send ali correspondence via email): 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

i) 

First Name: 

ML: 

Last Name: 

Firm Name (if any): 

Address (No., Street, P.O. Box or Rural Route): 

City or Town: 

State: 

ZIP Code: 

Tetephone Number: 

Fax Number: 

E-mail Address (do not enter unless you want MTT to send all correspondence via email): 

Section 3: Subject Property information 

Does the subject property have a Principal Residence Exemption of 

Yes 

O No 

50% or more? 

[Jves 

no 

Not Applicable 

Are the parcels listed by Petitioner contiguous or adjoining? 

If not, list which parcels adjoin one another.

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

Please see attached. 

Section §: Jurisdictional Issues 

IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES 

Did Petitioner protest the assessment at a Board of Review (BOR)? [7] Yes 

O No 

If yes, check which BOR Petitioner attended: [#4 March 

[J July 

[] December 

If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? O Yes 

Od No 

*Submit a copy of the Notice of Assessment with the Answer, 

If the July or December BOR revised the assessment(s) at issue, did it have authority? [Hl] Yes 

[8] No 

If yes, cite the Board's authority. 

Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? O Yes 

No 

if yes, explain 

is Petitioner appealing from a State Tax Commission Order? 

Yes 

No 

If so, what is the issue date?

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Did Petitioner request a Poverty Exemption at 

a BOR? [J Yes 

[INo 

if Yes, check which BOR Petitioner attended: | March 

0 July 

[m} December 

List the date the BOR denied Petitioner’s Poverty Exemption: 

IF PETITIONER |S APPEALING THE DENIAL OF AN EXEMPTION 

OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS 

Did Petitioner request the exemption ata BOR? [] Yes 

[No 

If Yes, check which BOR Petitioner attended: [] March 

 [[] uty 

[] December 

Tax Year(s) denied: 

List the date the exemption was denied: 

What statutory section did Petitioner request the subject property be exempt? 

IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY 

What do you believe the classification should be: 

N 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

Industrial 

Residentlal 

Timber-Cutover 

Developmental 

Utility 

(check one) 

Section 6: Valuation Information use the multipte parcel form for additional, contiguous parcels. 

Parcel identification Number: 

03-08-022-026-20 

Classification of Property: 

Real 

Personal 

{check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmentat 

 Ulility 

(check one) 

Current Assessed Value (also known as State Ye Value) as established by the BOR: 

$36,600 

Current Taxable Value as established by the BOR: 

$2,192 

What do you believe Is the fair market value (also known as True Cash Value)? 

$73,200 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. 

$36,600 

If you belleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Ray Grimm 

, 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

\ 

MTT Docket No. 24-003522 

Township of Gun Plain 

, 

Respondent(s) 

PROOF OF SERVICE 

Heather Mitchell 

states that on 10/16/2024 

he/she 

[Name of person serving/mailing petition] 

[date of service] 

served a copy of the answer form 

relative to the above-captioned matter upon: 

[Provide name and address of the party/people being served] 

Ray Grimm 

522 Evelyn Dr 

Plainwell, MI 49080 

hp — 

[Signature of person who is serving/mailing copy] 

Heather Mitchell 

[Print/type name of person serving/mailing copy]

GUN PLAIN CHARTER TOWNSHIP 

381 8th Street 

Plainwell, Michigan 49080 

Phone: 269-685-9471 

October 16, 2024 

Michigan Tax Tribunal 

611 W Ottawa St 

Lansing, MI 48933 

Re: MTT Docket No. 24-003522 

Honorable Tribunal, 

The parcel number, 03-08-022-026-20, is a 12+/- acre parcel in Gun Plain Township, Allegan 

County. The parcel was divided in 1987 by then owners, Robert E. & Rita N. Sours. The parcel 

in question was divided with access to 6" St via a recorded easement (Exhibit #1). The Sours 

later sold two properties to Ray Grimm in 1992 (Exhibit #2). 

Although the easement does not meet current zoning regulations, the parcel is considered a legal 

non-conforming parcel which holds all the same rights and benefits as a conforming parcel. The 

zoning for the current regulations was adopted in 2002. The easement and division were created 

in 1987 predating the current requirements. 

Per Section 14.15 Existing Non-Conforming Private Roads and Access Easements (Exhibit #3) 

the ordinance recognizes that there are access easements that were lawful prior to the adoption 

and are inconsistent with standards herein. The Section declares them to be legal nonconforming 

easements. It also allows for the new construction to occur on existing lots which front along 

such a road on the adoption date of this Section, if roads are reasonably capable to providing 

sufficient access for the uses permitted in the zoning district and for provision of emergency 

service vehicles. 

An address was assigned by the Allegan County Health Department to Mr. Grimm's second 

parcel (just to the north) which shares this same size access to 6™ St. A house was built with the 

assigned address of 555 Evelyn Dr. There are no concerns of the easement providing sufficient 

access for emergency vehicles.

- GUN PLAIN CHARTER TOWNSHIP 

381 8th Street 

Plainwell, Michigan 49080 

Phone: 269-685-9471 

Board of Review answers have been with the explanation that if combined with the current 

parcel, the owners would see a decrease in the overall assessed value the following year. The 

owners have not wanted to combine the two separate properties, which is their prerogative, so 

the separate parcel remains as a separate buildable parcel. 

The enclosed spreadsheet (Exhibit #4) breaks down sales from 4/1/22 through 6/13/24 for rural 

residential properties with acreages between 10 and 15 which shows a per acre parcel value of 

$7499. The 2024 value on the assessment roll is $6,100. 

If you have any questions, please feel free to call me at 269-978-8274 or email 

hmitchell@gunplain.org. 

Respectfully, 

Mak Muha 

Heather Mitchell, MAAO 

Gun Plain Charter Township

wer HGP TA 

Memorgndum of Land Canteart 

; 

maT 

LoS LOT A 

THIS MEMORANDUM OF LAND CONTRACT entered into this.1 4 

day of. Juwesic..., 1942 

by and between: 

~-; Whose address is 

+ RQBER] 

, hereinafter “Seller” and 

RUEQRORK. Ho. RARGQNS. AND BEVERLY. W. PARSONS. HUSBAND AND WINE ___. _ , Whose address fs 

328. Highland Court. Plainwell, Michigan. 

48080 .___;eeouaoo.., , hereinafter “Buyer”, 

WITNESSETH: 

WHEREAS, Buyer and seller have entered into a Land Contract of even date herewith; and, 

WHEREAS, the parties desire to enter into this Memorandum of Land Contract to give record 

notice of existence of said Land. Contract. 

. 

NOW THEREFORE, in consideration of the Promises and for other good and valuable cole 

sideration Setler acknowledges and agrees that they have sold to Buyer on the Land Contract dated 

August 12. 

, 18.8] the following described premiges situated in the .ZQwasbip..._. of 

-- County of 

und State of Michigan, to-wit: 

Commencing 

at the south 1/4 post 

of Section 

22, 

Town 

1 North, 

Range 

Ll West 

for 

& place 

of beginning, 

thence northerly along 

the quarter section line 

349.26 

feet, 

thence north 

89 deg. 

35'47" 

west 1527.86 feat, 

thence south 

349.26 feet more or less 

to the south line of Section 22, 

thence 

gasterly 

along 

the south 

line 

of 

sald Section 

22,. 1527.86 fest more or 

les 

, 

tl 

place of beginning. 

= 

1 

Sj938 

2 

3 

~—TMO 

MmMr-4—- 

ALLRED) 

sR 

7 

1 

87 

OW Iw! 

L 

2 

030 

23 ¥ 

ys BLHAG: 

‘The purpose of this Memorandum of Land Contract is to give record not 

the aforesaid Land Contract. 

< 

3 4Xi 

IN WITNESS WHEREOF, the parties hereto have executed this Memoranduntof Lafd Con- 

tract and have caused their hands and seals to be affixed hereto the day and yesn first above written. 

Signed, Sealed and Delivered 

in 

Bresence of! 

STATE OF MICHIGAN 

- 

38. 

COUNTY OF 

; 

, 

' 

The foregoing instrument was acknowledged before me this. 

£21 

day of. Aula 

:

ee 1251 me 02 

Easement 

to Access 

!2-acre Parcel 

Commencing 

at Southwest corner 

of Sectien 

22, 

Town 

1 

North, 

Range 

11 

West, 

thence North 

on the West 

section 

line 570.96 

feet 

to 

the 

place 

of beginning 

of 

this desoription 

thence North 

50 

feat, 

thence 

South 

89 35'4?% 

E.. 

1185.00 

feet, 

thdnce South 

parallel 

to 

the West 

gectlon 

line 270.96 

feet, 

thence North 8978547" 

W,, 

50.00 

feet, 

thence North 

220.96 

fest. 

thence North 

89 

85'47" 

W., 

© to 

the place 

of beginning, 

1135.00 

feet 

being 

1.6 acres. 

. 

& 

ga 

nN 

££. 

= 

#0 

FR 

OL 

iM 

= 

44040038

DIAL SLA 

dm ay 

OK 

~akza 

oC 

te 

used 3835: 

020 

WARRANTY DEED 

The Grantors, 

ROBERT 

KE. 

SOURS 

and RITA 

N. 

SOURS, 

husband 

and 

wife, 

whose address 

1s P.0. 

Box 431, 

Stanfield, 

Az 85272, 

convey and 

warrant to 

RAY 

B. 

GRIMM, 

a single man, 

and KATHLEEN A. 

HARDY, 

a 

single 

woman, 

as 

joint tenants, 

with 

full rights 

of survivorship, 

whose 

address 

is 

711 Nicholson, 

Otsego, 

MI 49078, 

the following described 

premises glituated 

in 

the Township of Gun Plain, 

Allegan County, 

Michigan, 

and deseribed as follows, to-wit: 

PARCEL 

1: 

Commencing at the southwest corner of Section 22, 

Town 

1 North, 

Range 11 West, thence North on the West 

section lina 570.96 feet 

to tha place 

of beginning of this 

description, 

thence North 

50 feet, 

thence South 89 degrees 

35¢ 

47" East 1135 

feet, 

thence North 250 feet, 

thence South 

89 degrees 

35! 

47" 

East 1527.86 

feet, 

thence South along 

the 

1/4 section line 

520 

feet, 

thence North 

89 degrees 

35' 

479 

West 

1527.86 

feet, 

thence North 

220 

feet, 

thence North 

89 

degrees 

135! 

47" West 1135 

feet 

to the place 

of beginning. 

PARCEL 

2: 

Commencing at the south 

1/4 post of Section 22, 

Town 

1 North, 

Range 

11 West 

for 

a place of beginning, 

thence 

Northarly along the 

1/4 section line 349.26 feet, 

thence 

North 

89 degreas 

35' 

47" West 1527.86 feet, 

thence South 

349.26 

feet more 

or less 

to the South line of Section 

22, 

thence Easterly along the 

south line of said Section 22 

1527.86 

feet more 

or less 

to the place 

of baginning, 

for the sum of $1.00 

and other valuable consideration 

(Real Estate 

Transfer Valuation Affidavit filed herewith), 

subject to easements, 

and building and use restrictions 

of record and further subject 

to 

acts or omissions 

of those other than Grantors herein from and after 

December 27, 

1981, 

tha date of 

a land contract between the parties 

hereto 

in fulfillment 

of which this deed 

is given. 

. 

Dated this 

oth 

day of 

December 

- 

, 1992 

Signed in the 

presence of: 

Signed by: 

/, 

, 

3 

£ 

ida 

(GANT E, Bonnar 

helig 

ROBERT 

E, 

SOURS 

Te 

JOH 

MH. 

OH SON 

See. FY ys HL 

Lt yA Aero 

covise 

29, Jomwson 

RITA N. SOURS 

SH 

uz mr py 

SIUHOU 

Ly 

STATE 

OF ARIZONA 

) 

)88. 

COUNTY OF pina 

} 

The foregoing instrument was acknowledged before me thi 

day 

of 

December 

rere |e 

antite 

oan 

LNA 

E 

Bectha J. Keaclag 

, 

Rotary: Publ je 

County, 

Arizdi 

tinal, 

My Comiiasion BApLress ud

ZONING ORDINANCE 2002 

GUN PLAIN CHARTER TOWNSHIP 

ALLEGAN COUNTY, MICHIGAN 

June 6, 2002 

Amended 6/05/03 

Amended 4-22-09 

Codified 8/04/15 

Amended 5-12-2022 

Prepared with the assistance of: 

McKenna Associates 

151 S. Rose St., Suite 920 

Kalamazoo, Michigan 49007 

Phone: 616-382-4443 

Fax: 616-382-4540

& 7% 

Upon completion of the private road, the applicant or his engineer shall submit a complete set of “as 

built” drawings to the Township. The Township designee shall review the “as built” drawings and 

conduct a final inspection to assure that all visible construction, including clean-up, has been 

satisfactorily completed. No building construction shall take place until the private road has 

satisfactorily met final inspection. 

SECTION 14.11 ROAD COMPLETION REQUIRED PRIOR TO BUILDING PERMIT 

ISSUANCE 

No building permit shall be issued by the Township fronting on any private road until said roadway is 

improved to the specifications contained in this Section. The Township shall inspect and approve the 

private road improvements prior to issuing any building permits along said road. The Township shall 

establish a fee to cover the cost of such inspections, said fee to be paid by the developer. 

SECTION 14.12 REQUIRED ROAD FRONTAGE ON PRIVATE ROADS 

No building permit shall be issued by the Township or any department or official of the Township, 

unless the structure, building or improvement for which such building permit is required is on a lot or 

parcel of land which meets the minimum requirements for frontage as required by this Zoning Ordinance 

for the district in which it is located on a public road or an approved completed private road. 

SECTION 14.13 VARIANCES 

An appeal may be taken to the Zoning Board of Appeals pursuant to the terms and conditions of this 

Ordinance. 

SECTION 14.14 PLANNED UNIT DEVELOPMENTS 

If the private road is part of a Planned Unit Development (PUD) the private road standards contained 

herein may be modified by the Planning Commission and approved by the Township Board if the 

modifications are necessary to achieve the intent and purposes of the PUD regulations. 

It is recognized that there exist private roads, service roads and access easements which were lawful 

prior to the adoption of this Section which are inconsistent with the standards herein. Such roads are 

declared by this Section to be legal nonconforming roads or easements, The intent of this Section is to 

permit legal nonconforming roads and easements to continue and Hodergo routine maintenance dor safely

However, this Section is also intended to discourage the extension of nonconforming roads or increase 

the number of lots or building sites served by such a road, except in platted subdivisions, divisions of 

land or site condominium projects existing on the adoption date of this Section, unless provisions are 

made to upgrade such road to comply with the standards herein. Any reconstruction, widening or 

extension of a non-conforming private road or access easement shall be in conformity with this Chapter. 

For purposes of determining whether a lof along a private road or access easement qualifies as an 

“existing lot” as used in this Section, at least one (1) of the following conditions must have existed at the 

time this Section was adopted: 

A. 

The lot consists of a “condominium unit” for which a master deed had been recorded with the 

Allegan County Register of Deeds in accordance with the requirements of the Michigan 

Condominium Act and other applicable laws and ordinances. 

© 

The lot consists of a parcel that was described by metes and bounds as recorded by a deed or as a 

land contract, and registered with the Allegan County Register of Deeds. 

(© 

The lot had been assigned a unique parcel number by the Allegan County Register of Deeds and 

was individually assessed and taxed on that basis.

120A

Parcel Number: 

03-08-022-026~20 

Jurisdiction: 

GUNPLAIN TOWNSHIP 

County: 

ALLEGAN 

P

{Grantor 

) 

} 

. 

) "|Grantee Tm 

h 

or “sale sale” 

i 

Price 

Date 

Property Address 

6TH ST 

“Ischoo 

Class: RESIDENTIAL-VACAN 

PLAINWELL COMMUNITY SCHOOLS 

~2 

("Building Permit(s) 

B.R.E. 

100% 08/03/2022 

owner's 

Name/Address 

[GRIMM RAY 

B &HARDY KATHLEEN A 

2025 

Est TCV Tentative 

i555 EVELYN 

DR 

ho 

.. 

Improved 

|X 

|PLATNWELL MI 49080 

| 

| 

ved 

| X [Vacant 

174 

i 

"Public 

Improvements 

{Dirt Road 

Gravel Road 

Paved Road 

Storm Sewer 

Sidewalk 

Water 

Sewer 

Electric 

Gas 

Curb 

Street Lights 

; 

Standard Utilities 

Underground Utils. 

ITax Description 

{COM 

AT 8 1/4 BST TH W'349026% TH 

W 

|1527.86' 

TH 

S§ 345.26' 

TH 

E 1527.86" 

(FOB SEC 22 TIN R11W (88) 

{Comments/Influences 

TO 

Topography of 

Rolling 

Low 

High 

| 

Landscaped 

: 

Swamp 

Wooded 

Pond 

Waterfront 

Ravine 

Wetland 

Flood Plain 

Description 

F: 

ACREAGE 

LA LAND 

"* Factors 

¥ 

Depth 

Front 

Depth 

Rate 

%

12.00 Acres 

6100 

10

rontage 

12.00 Total Acrés 

Total 

Land 

Value 

Assessed] 

Building 

Value 

| 

’ 

Who 

“When” 

What 

Tentative 

Tentative 

[The Equalizer. Copyright (c) 

19 

{Licensed 

To: 

Township 

of Gun Plain, 

County 

f Allegan, 

Michigan 

*** 

Information herein deemed reliable but 

not guaranteed*** 

36,600 

"36,0001 

"18,500

Street Address 

Parcel Number 

Sale Date 

0) 

) 

03 

08-006-016-50 

1106 11TH ST 

© 06/14/22 

$205,000 WD 

 03-ARM'S LENGTH 

$205,000 

$104,100 

08-006-001-20 

1150 10TH ST 

01/05/23 

$397,500 WD 

 03-ARM'S LENGTH 

$397,500 

$212,300 

08-034-002-40 

ATH ST 

05/31/22 

$115,000 

WD 

 03-ARM'S LENGTH 

$56,350 

$27,600 

08-034-002-50 

4TH ST 

05/31/22 

$115,000 

WD 

 03-ARM'S LENGTH 

$58,650 

$29,000 

Totals: 

$1,836,900 

$1,721,900 

$820,900 

Sale. Ratio => 

Std. Dev. =>

Net Acres 

Total Acres 

Dollar: /Acre 

ECF Area 

Liber/Page 

Other Parcels in Sale 

Land Table 

Class 

Sgn 

§ Se 

401 

10.02 

9.70 

$7,063 

002 4775/547 

NW 1/4 

401 

10.36 

$4,694 a 002 4829/173 

-— 

== 

10:36 

)1 

Ni 

NW 1/4 

A 

32 

esd ol 

I 

1/4 

11,57 

11.57 

$4,870 

oe 4768/208 

08-034-002-50 

SE 1/4 

402 

14.00 

14.00 

$4,189 

004 4768/208 

08-034-002-40 

SE 1/4 

402 

77.24 

77.61

GUN PLAIN 

S018IEF 

P 0 BUX 146 

PLAINWELL, MI 43080 

Mithun 

To B

Lawstn

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