25-002713 Severed.pdf
Jane Griffith, John Griffith, Petitioners Vs. Township Of Allouez, Respondent · 25-002713-TT
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Page 1
RECEIVED AUG 11 2025 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |, BROWN, DPA GOVERNOR LANSING DIRECTOR John Griffith and Jane Griffith, MICHIGAN TAX TRIBUNAL Petitioners, v MTT Docket No. 24-003277 Allouez Township, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING PETITIONERS’ MOTION TO AMEND "ORDER SEVERING 2025 TAX YEAR AND ASSIGNING IT TO ~ DOCKET NUMBER 25-002713 On July 3, 2025, the parties filed a Joint motion requesting that the Tribunal permit Petitioners to amend the petition fled In this case to include tax year 2025. The Tribunal has considered the motion and the case file and finds that the Motion to Amend was timely filed, included the necessary information and flling fes, and otherwise met all requirements set forth in MCL 205.737 and MCL 205.735a. Due to the stage In which this case Is at, however, and In the interest of judicial efficiency, the 2025 tax year shall be severed from this case and assigned to a new docket number. Severance Is also appropriate given that 20 parcels are currently pending in this appeal for the 2024 tax year, and the Motion to Amend only Includes 14 parcels. The Tribunal notes that although the Motion to Amend Indicates that several parcels were settled and withdrawn pursuant to a 2023 Consent Judgment, sald Consent Judgment was entered in a separate docket and had no effect In the instant appeal.’ If the 2024 assessments for those parcels are no longer in dispute, Petitioners are required to file a motion to withdraw the parcels from this appeal. Therefore, IT IS ORDERED that the Joint Motion to Amend ie GRANTED. IT1S FURTHER ORDERED that Petitioners’ assessment appeal for the 2025 tax year Is SEVERED and ASSIGNED to Docket No. 25-002713. IT 1S FURTHER ORDERED that Petitioners shall file a petition for the 2025 tax year within 21 days of entry of this Order. The petition shall note the docket number assigned by the Tribunal for the 2025 tax year and if filed utilizing the Tribunals e-flling
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MTT Docket No. 24-003277 Page 2 of 2 Fallure to comply with this Order may result in Petitioners belng held In default, as provided by TTR 237, Entered: July 14, 2025 By ejg/sb PROOF OF SERVICE | certify that a copy of the foregoing was sent on the entry date indicated above to the pariles or thelr attorneys or authorized representatives, if any, utilizing either the malling or emall addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Jane Griffith and John Griffith , MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No.25-002713 Allouez Township , Respondent(s) ENTIRE TRIBUNAL PROPERTY TAX PETITION 1. Property Parcel No: see attached multi parcel forms 18 parcels (If more than one parcel Is at issue, attach a completed Multiple Parcel Petition Form addressing all other parcels at issue.) 2. The property identified above is X__real personal. 3. If more than one parcel of real property is under appeal, are the properties contiguous? x__ Yes ___ No. (If no, separate Petitions are required for each non- contiguous parcel.) 4. Are all of the parcels of personal property located on a parcel of real property under appeal? __ Yes __ No. (if no, separate Petitions are required for each parcel of personal property not located on a parcel of real property under appeal.) 5. If parcels of personal property are under appeal, when were the personal property statements filed by parcel number (attach additional page if necessary): INA 6. The property identified above is classified as 402 Residential 7. If the assessment or assessments at issue were protested, the protest was made to Respondent's x March July December Board of Review.
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MTT Docket No. 25-002713 Page 2 of 4 8. 10. 11. 12. 13. If a protest was required and no protest was made, list the separate and specific facts upon which Petitioner relies to invoke the Tribunals authority over the assessment or assessments at issue (attach additional page if necessary): NA If the appeal was not submitted by the deadline for the filing of an appeal for the classification or classifications of the properties at issue (i.e., May 31 or July 31 of the tax year involved), list the separate and specific facts upon which Petitioner relies to invoke the Tribunal's authority over the assessment or assessments at issue (attach additional page if necessary): Per the July 14, 2025 Order re MTT Docket No. 24-003277, this 2025 Petition has been assigned Docket No. 25-002753 and is due within 21 days after Order (due August 4, 2025). Severed Petition The property or properties at issue are located in Keweenaw County. The property or properties’ address is: 1920 Tanskanen Road, Allouez, M! 49805 [This is a main entry point to the 20-parcel 1,915-acre Conservation Easement nroperty of which 18 parcels are being appealed in 2025. The assessment or assessments at issue were established by the (applicable local governmental unit): Allouez Township Petitioner's legal residence or principal office address is: Lane and John Griffith PO Box 47 Calumet, MI 49913 This appeal involves issues relating to the (check all that are applicable): X the property or properties’ true cash and taxable values the property or properties’ taxable value only if the property or properties’ taxable value is at issue, is there a dispute as to the value of an addition orloss? ___ Yes ___No uniformity of the property or properties’ assessment the property or the properties’ exemption from ad valorem taxation under MCL _____
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MTT Docket No. 25-002713 Page 3 of 4 15. If more than the current tax year is being appealed, list the separate and specific facts upon which Petitioner relies to invoke the Tribunal’s authority over the prior tax vear or years (attach additional page if necessary): see additional information 16. The values for the property identified above as established by Respondent's Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value see attached 17. Petitioner contends that the values for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value see attached 18. The values in dispute for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value see attached 19, Petitioner requests the following relief (attach additional page if necessary): Reduce 2023 True Cash Value (TCV) on 20 parcels due to emplacement of Conservation Easement in Nov 2022 and establish new CE-reduced TCV and resulting Assessed Value (AV) and Taxable Value (TV) for 2023, with 2024 and 2025 values based on 2023. 20. List the separate and specific facts upon which Petitioner relies to support the
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MTT Docket No. 26-002713 Page 4 of 4 jgnature of Petitioner's Authorized A reggntativ c—— 1 C. ag = A oles ri Sinted Name of Pathioner’s Auth / Cl rese ol tive or, if none, Petitioner: Jane C Griffith John T Griffith Email Address: john.keweenawfarm@gmail.com Mailing Address: Jane and ohn Grifiith PQ Box 47 Calumet M1 4991 Telephone Number: 306 370-3494 Date: August 4, 2025
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Jane Griffith and John Griffith, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-00271 Allouez Township Respondent. MULTIPLE PARCEL ANSWER FORM1__OF 2 __ 1. The classification of the property identified herein as established by Respondent's Board of Review is: Tax Year Parcel Number Real/Personal Classification 2025 42-102-01-100-500 Real 402 2025 42-101-06-350-000 Real 402 2025 42-101-06-104-000 Real 402 2025 42-101-06-301-001 Real 402 2025 4.2-101-06-303-000 Real 402 2025 42-102-12-204-001 Real 402 2025 42-101-07-100-000 Real 402 2025 42-101-07-202-002 Real 402 2. The values for the property identified herein as established by Respondent's Board of Review are: Tax Year | Parcel Number | True Cash Value Assessed Value | Taxable Value 12025 42-102-01-100-500 $1,680,780 $840,390 $48,685 2025 42-101-06-350-000 [$390,000 $195,000 547,902 2025 42-101-06-104-000 [$60,000 $30,000 $13,927 2025 42-101-06-301-001 ($871,450 $40,725 519,221 2025 42-101-06-303-000 [$60,000 $30,000 $20,402
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MTT Docket No. 25-002713
Page 2 of 2
3. Respondent contends that the values for the property identified herein are:
Tax Year |
Parcel Number
| True Cash
State Equalized Value
| Taxable Value
Value
2025
42-102-01-100-500 $53,478
526,739
526,739
2025
42-101-06-350-000 $23,750
£11,375
£41,375
2025
42-101-06-104-000 $21,450
$10,725
$10,725
2025
42-101-06-301-001 {$29,946
$14,973
$14,973
2025
42-101-08-303-000 $15,600
$7,800
$7,800
2025
42-102-12-204-001 $54,720
$27,360
$27,360
2025
42-101-07-100-000
$34,854
$17,427
$17,427
2025
42-101-07-202-002 {$42,064
$21,032
$21,082
4.
The values in dispute for the property identified herein are:
Tax Year
|
Parcel Number
hue Cash
State Equalized Value
| Taxable Value
alue
2025
42-102-01-100-500 51,627,302
$813,651
$21,946
2025
42-101-06-350-0001$367,250
183,625
536,527
2025
42-101-06-104-0001$38,550
[519,275
$3,202
2025
42-101-06-301-0011551,504
525,752
54,248
2025
42-101-06-303-000/$44,400
$22,200
$12,602
2025
42-101-12-204-001 $105,280
$52,640
38,777
2025
42-101-07-100-0008111,807
$55,048
155,489
2025
42-101-07-202-002/$43,936
$21,968
$20,364Page 9
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Jane Griffith and John Griffith
MICHIGAN TAX TRIBUNAL
Petitioner,
v
MTT Docket No. 25-002713
Allouez Township
,
Respondent.
MULTIPLE PARCEL ANSWERFORM2__ OF 2__
1.
The classification of the property identified herein as established by
Respondent's Board of Review is:
Tax Year
Parcel Number
Real/Personal
Classification
2025
42-102-12-404-000
Real
402
2025
42-102-12-304-001
Real
402
2025
42-101-06-304-000
Real
402
2025
42-102-13-100-002
Real
102
2025
42-101-06-400-001
Real
Ko2
2025
42-101-06-400-000
Real
402
2025
42-101-05-300-001
Real
402
2025
42-102-13-100-001
Real
402
2025
42-102-13-300-001
Real
“02
2025
42-102-14-204-002
Real
402
2.
The values for the property identified herein as established by Respondent's
Board of Review are:
Tax Year
| Parcel Number
True Cash Value
| Assessed Value
| Taxable Value
2025
42-102-12-404-000 {$93,000
$46,500
$46,408
2025
42-102-12-304-001
[$60,000
$30,000
$21,109
2025
42-101-06-304-000 [$60,000
$30,000
$21,109
2025
42-102-13-100-002 $86,000
$43,000
$41,396
2025
42-101-06-400-001 [$60,000
$30,000
$20,104Page 10
MTT Docket No. 25-002713 Page 2 of 2 3. Respondent contends that the values for the property identified herein are: Tax Year | Parcel Number | True Cash Value | State Equalized Value | Taxable Value 2025 42-102-12-404-000 $34,296 $17,148 $17,148 2025 42-102-12-304-001 $21,450 $10,725 $10,725 2025 42-101-06-304-000 $15,600 $7,800 $7,800 2025 42-102-13-100-002 $30,592 $15,296 $15,296 2025 42-101-06-400-001 $14,474 $7,237 $7,237 2025 42-101-06-400-000 $42,312 $21,156 $21,156 2025 42-101-05-300-001 $47,014 $23,507 $23,507 2025 42-102-13-100-001 $62,684 $31,342 $31,342 2025 42-102-13-800-001 $19,712 $9,856 $9,856 2025 42-102-14-204-002 $2,964 $1,482 $1,482 4. The values in dispute for the property ide ntified herein are: Tax Year | Parcel Number | True Cash Value | State Equalized Value | Taxable Value 2025 42-102-12-404-000 $58,704 $29,352 $29,260 2025 42-102-12-304-001 $38,550 $19,275 $10,384 2025 42-101-06-304-000 $44,400 $22,200 $13,309 2025 42-102-13-100-002 $55,408 $27,704 $26,100 2025 42-101-06-400-001 $45,526 $22,763 $12,867 2025 42-101-06-400-000 $77,688 $38,844 $37,611 2025 42-101-05-300-001 $72,986 $36,493 $35,260 2025 42-102-13-100-001 $97,315 $48,658 $47,014 2025 42-102-13-300-001 $66,288 $33,144 $29,569 2025 42-102-14-204-002 $9,036 $4,518 $4,446
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Docket 25-002713 —- SEVERED PETITION
Petitioners: Jane Griffith and John Griffith
Respondent: Allouez Twp
ADDITIONAL INFORMATION
Item 15. Twenty (20) parcels were appealed in 2023 of which 4 were settled via Consent
Judgment (23-002895). Prior to the 2023 Consent Judgment, the same twenty (20) parcels were
appealed in 2024 (24-003277). Joint Stipulation for Entry of Consent judgment (Valuation) was
submitted July 31, 2025 (Tribunal action pending). Eighteen (18) parcels are being appealed in
2025 via this Petition (and BOR March protest).
The CE was emplaced on November 7, 2022; all True Cash Value (TCV), Assessed Value {AV), and
Taxable Value (TV) adjustments should have been set in the first After-CE tax year (2023), with
2024 and 2025 values based on the 2023 baseline.
Item 20. Additional Information
1.
Keweenaw Lakeshore Forest Recorded Conservation Easement (CE). Refer to this
document for details of the severe and perpetual prohibitions on splits, development,
and most use. All development rights and most use rights have been conveyed to the
qualified non-profit and are no longer owned by the Petitioners.
a.
Attachment 1: 2022 Recorded CE
b.
Attachment 2: 20 parcels legal description and totals.
These are the split, development, and use rights conveyed by the Petitioners to the qualified
conservation organization:
1) No subdivision or splits. This alone, without any other restrictions, reduces the After
value of KLF by up to 50% simply due to the difference between small parcel sales (Before,
136 separate 0.45ac to 40ac lots) versus bulk sales (After, a single bulk lot of 1,915 acres with
no splits ever). This has never been addressed by the Township,Page 12
3) No Commercial, Institutional, or Industrial activities. Further reduction in After value. The KLF CE could have reserved a site for a large hotel or resort, logging or agricultural rights, commercial activity such as guided tours or campgrounds or a factory, educational or other institutional uses such as a camp or campus, or industrial uses, but all such activities are prohibited in perpetuity. 4) No logging or even alteration of vegetation. Further reduction in After value, The KLF CE could have allowed commercial logging per the highest independent certification standards, but all logging and tree or limb removal is prohibited in perpetuity (except for dangerous or diseased or infested trees, trees fallen across roads, or as part of habitat stand improvement). 5) No disturbance or alteration to the land. Further reduction in After value, The KLF CE could have allowed portal-entry deep mining or sand and gravel or other surface mining, but all such activities are prohibited in perpetuity (excepting for maintenance of existing roads using an existing gravel pit). 6) No mining or oil and gas extraction. Further reduction in After value. The KLF CE could - have allowed oil and gas extraction, but all such activities are prohibited in perpetuity. 7) No waste disposal. Further reduction in After value, The KLF CE could have allowed a composting site or even a landfill, but all such activities are prohibited in perpetuity (except for onsite disposal of personal composted waste). 8) No disturbance or diversion of water courses or groundwater. Further reduction in After value. The KLF CE could have allowed pumping and sale of water for agricultural use or bottling drinking water, instead all such activities are prohibited in perpetuity (except for temporary irrigation for habitat improvement and native plant propagation). 9) No off road vehicles or ATVs. Further reduction in After value. The KLF CE could have allowed development of an ORV/ATV park or trails; instead all such activities are prohibited in perpetuity (except for use on the limited number of existing roads and trails, for limited purposes). 10) No livestock. Further reduction in After value. The KLF CE could have allowed grazing or raising or housing of poultry or horses, or commercial aquaculture, or similar, instead all such activities are prohibited in perpetuity. 11) No signs and billboards. Further reduction in After value. The KLF CE could have
Page 13
12) No hunting or trapping, no harvesting of animals. Further reduction in After value. The KLF CE could have allowed development of an exclusive rustic hunting camp (increasing the after value without impacting many of the other Conservation Values and Purposes), instead hunting and trapping are prohibited in perpetuity (excepting the right to remove white tailed deer for forest recovery purposes, and the right to trap and release unharmed birds or other animals for research purposes). 13) No public access. Further reduction in After value. The KLF CE could have allowed paid or other public access, but it is prohibited to protect habitats and species, especially nesting and denning sites, Any activity involving the public not specifically prohibited above is therefore also prohibited in perpetuity. 14) Prohibition on doing anything else that is inconsistent with the Conservation Purposes or is detrimental to the Conservation Values. Further reduction in After value. The Griffiths retained all rights and responsibilities of ownership not conveyed, which can be summed up as: the right to exclude others [it remains private property), the right to sell it (in one large un-split piece, with the CE binding upon any successors in title and remaining capped), the right to passively recreate on the property (in ways that do not impact the Conservation Values), and the responsibility/ obligation to defend the Conservation Values from impact. All development and possibly remunerative actions and activities are prohibited in perpetuity. 2. Before-CE, the highest and best use of KLF was residential development, Petitioners had full rights of splits and development and could have sold 136 Lake Superior, riverfront, interior lakefront, and interior forest lots. a. Attachment 3: KLF includes 5895’ of Lake Superior shoreline, 4,400’ of developable shoreline on Turtle Lake and other inland ponds, and 7,882 of Gratiot River frontage — highly desirable, high development pressure. b. Attachment 4: KLF had 264 available splits. When overlayed with Zoning 136 lots could have been marketed yielding as estimate $13.2 million in gross 2022 sales. ¢. Attachment 5: Keweenaw County Zoning map (KLF is mostly Resort Residential). d. Attachment 6: Data showing the hot real estate market of 2022 — prices up, number of sales up, days on market down. 3. After-CE, the highest and best use of KLF is passive enjoyment of nature. a. Attachment 7. The State Tax Commission issued guidance to Township Assessors
Page 14
b.
Attachment 8. Comparable CE Appraisal. No directly comparable parcels exist
(2,000 acres with no splits and no development in perpetuity). An appraisal was
done in 2006 showing a 99% decrease in value to this shorefront parcel. The
VALUES are not useful, but the PERCENTAGE DECREASE is applicable to the 2 KLF
shorefront parcels.
4.
Visual Representation of the Before and After Condition.
a.
Attachment 9: The BEFORE condition {development map).
b.
Attachment 10: The AFTER condition (aerial photo with KLF outline).
5. Based on the attributes of each parcel, the TCV should have been reduced in
2023 After-CE, with those parcels with the most development pressure
reduced the most as follows: Lake Superior shoreline 95%, Interior Lake and
River frontage 75%, Interior Forest with Some Water Features 64%, and
Interior Forest with No Water Features 60%. These are the percent
decreases proposed by Petitioners in this Petition. A further decrease due to
changing KLF from 20 tax parcels (average size 95.75 acres, r=5-316) to one
single large unsplittable 1,915-acre bulk parcel is warranted.
—-end--Page 15
Attachment 1. Keweenaw Lakeshore Forest (KLF) Deed of Conservation Easement (CE). see separate 24 page attachment this space intentionally left blank
Page 16
Attachment 2. KLF CE list of parcels, acreages, lake and river frontage. Name Year ~~ Acres : Water Frontage Legal Description Tax ID Acquired Lake River SOUTH BEACH 1991 95.5 4,470 57-33 Sec 1: entire fract'l. section | 42-102-01-100-500 57-32 Sec 6: Gov Lot 3 BEA A 1,42! ~101-06-350- NORTH CH 1881 40.9 ,425 (fr. W1/2 of NW 1/4} 42 350-000 42-101-06-104-000 57- :SE 1/4 5 TURTLE LAKE | 1998 | 147 | 2,400 : fa pv 3 a - o Road " 42-101-06-301-001 ’ 42-101-06-303-000 42-101-06-400-001 RED PINE RIDGE 006 1 57-32 Sec 6: SE 1/4 GE | 2 60 ec 6: SE 1/ 42-101-06-400-000 BEAVER LODGE 2005 120 57-32 Sec 5: SW 1/4 EXC NE 1/4 | 42-101-05-300-001 57-33 Sec 12: S$ 1/2 of S 1/2 of 42-102-12-404-000 FERN CREEK 2016 130 SW 1/4; SW 1/4 of SW 1/4 of SE 42-102-12 ao 1/4; E1/20fW 1/20fE 1/2 KINGFISHER POND | 2004 160 700 57-33 Sec 12: E 1/2 of E 1/2 42-102-12-204-001 SANDHILL CRANE & 57-32 Sec 6: SE 1/4 of SW 1/4; | 42-101-07-100-000 00: 186.7 OTTER POND 2008 86 1300 57-33 Sec 7: NW 1/4 42-101-06-304-000 SUGAR MAPLE 57-32 Sec 7: W 1/2 of NE 1/4; SW 1! .. -101-07-401-001 WOODS 992 806.2 1/4; W 1/2 of SE 1/4. 42-101-07 SEVEN MILE CREEK | 1997 160 57-32 Sec 8: NW 1/4 42-101-08-100-000 GRATIOT RIVER 1991 240 57-33 Sec 13: NW 1/4; 42-102-13-100-001 PLATEAU N 1/2 of SE 1/4. 42-102-13-100-002 CEDAR WOODS 2022 80 57-32 Sec 7: E1/2 of NE 1/4 42-101-07-202-002 57-33 Sec 13: All that part of the SW 1/4 lying Northeasterly of the centerline of the Gratiot River AND 57-33 Sec 14: All that part of | 42-102-13-300-001 GRATIOTRIVER | 2019 | 89 7,882 ec at part 0 02 the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 lying Northeasteriy of the centerline of the Gratiot River. 42-102-14-204-002 TOTALS 1915 10,295 7,882 acres feet feet Note that most parcels were acquired 25-30 years ago, the Lake Superior parcels 34 years ago
Page 17
Attachment 3. Map of KLF showing water features including 5,895’ of Lake Superior shoreline. Ridge -Swale Complex American Bittern Pond Turtle Lake Creek Otter Pond Sandhill Crane Pond Kingfisher Pond Gratiot River Seven Mile Creek Sandhill Crane. Creek N\ Kingfisher Creek Fern Creek / Lower Falls /
Page 18
Attachment 4. KLF available splits and marketable lots per 2022 splits, zoning and values.
KLF Allowable Splits {without platting)
10-120ac
120+ac
No new
20+ acres
A
Parcel
1 per 10ac
1 per 10ac
driveway
=1 bonus
+3
+1 per 40
=1 bonus
South Beach 95
12
1
1
North Beach 41
7
1
1
Turtle Lake 147
17
1
1
Red Pine Ridge 160
20
1
1
Beaver Lodge 120
15
1
1
Fern Creek 130
16
1
1
Kfish Pond 160
20
1
1
SH Crane Pond 187
22
1
1
Sugar Maple 306
37
1
1
7 Mile Creek 160
20
1
1
Gratiot Riv Plat 240
30
1
1
Cedar Woods 80
11
1
1
Gratiot River 89
11
1
1
subtotal
Var
7
197
13
13
Available Splits
264
KLF Development Plan Per Zoning and Available Splits
Lake Lot
Riverfront
5-20ac
40ac
Zoning
Parcel
Superior
Inland
Lot
Lot
Lot
South Beach 95
14
RR
North Beach 41
8
RR
Turtle Lake 147
12
6
RR
Red Pine Ridge 160
8
RR
Beaver Lodge 120
3
TR
Fern Creek 130
6
RR
Kfish Pond 160
4
RR
SH Crane Pond 187
2
6
RR
Sugar Maple 306
20
AG
7 Mile Creek 160
8
AG
Gratiot Riv Plat 240
24
AG
Cedar Woods 80
2
AG
Gratiot River 89
13
RR/AG
total lots each type®
22
©T
14
T
13
FY
78
TF
9
Total Lots Marketed
136Page 19
Attachment 5. KLF CE 2022 Keweenaw County Zoning Map. || single-Family Residential District= R-1A YH Single-Family Residential District = R-1B || Two-Family & Multi-Family Residential District = R-2 [777] Country Estate = CE © Resort Residential = RRA YH Resort Residential = RR B [ffi Resort Residential = RR C || Resort Service =RS 1 PH, Resort service = Rs 2 || Agricultural =AG Business = B1 | Limited Manufacturing = M1 General Manufacturing = M2 08 The bulk of KLF including all of the shoreline portion and Turtle Lake is zoned Resort Residential (RR-B). RR-B allows for lakeshore and riverfront lots 80 or more feet wide, and AG and Timber allow for 5-acre to 40-acre parcels. Conforming to the zoning, available splits (over 250), and topography, KLF could be developed into 136 lakeshore, riverfront, and 5-40 acre interior lots, with estimated gross sales of $13,212,000. Note: There's an error in this map — the former State Forest land shown as dark green in 1) Section 6 (the square south of Seven Mile Point and Turtle Lake) should be RR-B,
Page 20
Attachment 6. KLF CE Development Pressure: Keweenaw Median Price, Days on Market, and Vacant Land sales 2017-2022. Single family residential home sales in the Keweenaw Peninsula, north of the Portage Canal Median | Median | Median Year #Sales | DOM Price | Price/SF 2017 223 83 $78,000 $50 2018 220 79 $77,500 $54 2019 210 66.5 | $80,000 $55 2020 274 81 $94,000 $66 2021 302 51 [$120,250 $77 2022, thru Nov 7 193 9 $145,000 $85 home prices nearly doubled days on Market decreased by 89% number of sales of vacant land parcels under 40 acres more than doubled
Page 21
Attachement 7. March 2006 State Tax Commission guidance to township assessors regarding CE valuations. Items 1,2, and 3 were not done. ed - £48 Rov. 100) jis] yh Evry STATE OF MICHIOAN JENNIFER M. GRANHOLM DEPARTMENT OF TREASURY JAY 8. RISING GOVERNOR LANSING STATE TREASURER DATE: March 22, 2006 TO: Assessors Equalization Directors FROM: State Tax Commission (STC) RE: Conservation Easements The purpose of this letter is to provide guidance on proper assessment practice for Tands under conservation easement. Michigan statutes recognize conservation casements as voluntary restrictions that a landowner may put on property. MCL 324.2140 defines conservation easements as: (2) “Conservation easement” means an interest in fand that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, casement, covenant, or condition in a deed, will, or othes instrument executed by or on behalf of the owner of the land or body of water or in an onder of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition. These easements are very common in Michigan. These easements must be recorded with the register of deeds, run with the land, and may be done “in the form of restriction, easement, covenant, of condition in a deed, will, or other instrument.” Under Michigan law, these easements may be granted to “a governmental entity or to a charitable or education association, corporation, trust or other legal entity.” Most common in Michigan is private landowners putting conservation easements on their property to restrict development in perpetuity. These casements are often donated or sold to charitable Jand trusts for long-term enforcement and management. Assessment of property containing valid easements must recognize that development restrictions affect valuation. ‘The Michigan Tax Tribunal in Indian Garden Group v. Resort Township (1995) employs the “Before- After” methodology for their decision,
Page 22
Attachment 7 continued) Conservation Easements March 22, 2006 Page 2 The before value (BV) represents the true cash value of the property without the easement and the after value (AV) represents the true cash value of the property after the granting of the casement and the highest and best use of the property under the casement. The Tribunal gives the following guidance: 1. The appraiser should “cxamine the conservation easement document, and enumerate the easement property rights which have been granted.” 2, Based on the property rights granted, the appraiser should look to market data, which reflect the similar loss of property rights or wility. 3. The after value is determined by either: a) Applying the percentage of loss to the before value, or b) Subtracting the dollar amount from the before value, The after value is not an exemption; rather, can be determined on a year-to-year basis, incorporating new evidence and market data. Assessors should be employing the Before-After miethodology on lands with conservation easements,
Page 23
Attachment 8. CE appraisal showing 99% reduction in After value for directly comparable lakeshore adjacent to KLF. The PERCENT DECREASE is pertinent; the VALUES are moot. The purpose o battachad a narratbse spprabead o £5 secretion Fase yids pee [ee ® ASHER RGN RITEEH the iH aot E ht Wi - Comservancy property ip Allouer Tov hip, ssid to dss the oid tomer the Daifonn Standards of Profe said Appts ser Practice i Appia sad Stardards for Federal Land Acguisu i sud ie this docement, The apprais if flout consis levation of Hike, enero Che pregrerty and Hig sopert, Bis iy opinion tu as rent iy SUELO CcanNervation case Poanben pretest Senociobe SUE eg end Bier Siite NE ng oan BEE DRANG
Page 24
Attachment 8. (continued) rate of Valuation Prate of Report: Cast Approach: fncoane Approuch Direct Sales Comparison Approach without Restrictions: Prreet Sales Compireison Approach with Resrictions: Buddivated Value of the Farndand Development Rights Fasement: BEFORE Value $847,000 AFTER Value $6,400 Value of CE $840,000 Percent After Value 99% Reduction Due to CE Shay Hr JET Shaw Tey TET Comsbeured Hat No Ved Comsiedereed Band New Fraed S847 SHULL THY RUM THR] SHAH Rounded
Page 25
Attachment 9. KLF BEFORE CONDITION -- Development Map of 136 no-plat lots.
CONCEPTUAL
DEVELOPMENT PLAN
PREPARED FOR:
JOHN
& JANE GRIFFITH
SECTIONS 5,
6,
7 & 8
TOWNSHIP 57 NORTH, RANGE 32 WEST
SECTIONS
1,
12,
&
13
TOWNSHIP 57 NORTH, RANGE 33 WEST
ALLOUEZ TOWNSHIP, KEWEENAW COUNTY, MICHIGAN
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omPage 26
Attachment 10. KLF AFTER CONDITION - No splits, no structures, all but passive use (enjoyment of nature) prohibited in perpetuity. There is an error in the outline - the little “tongue” sticking down in the middle is not included.
Page 27
KEWEENAW COUNTY...
Real Estate
OHTRA rr
20220800
—_—
20220801
«
STATE OF
Transfer Tax
0
November 09, 2022 1:03 PM
3
ICHIGAN
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$3,025.00
Julie A. Carlson
Fees: $30.00
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Sr
520,625.00
Register of Deeds
November 09, 2022
20220800
KEWEENAW COUNTY
Pages: 24
GRANT OF PROTECTIVE CONSERVATION EASEMENT
The Grantors, JOHN T. GRIFFITH a/k/a JOHN GRIFFITH a/k/a JOHN THOMAS GRIFFITH
and JANE C. GRIFFITH a/k/a JANE CAROLYN GRIF FITH a/k/a JANE GRIFFITH as husband
and wife of PO Box 47, Calumet, Michigan 49913, convey and warrant to the Grantee,
SUPERIOR WATERSHED PARTNERSHIP, a Michigan non-profit corporation, of 9 Peter White
Drive, Marquette, Michigan 49855, in a bargain sale for the sum of Two Million Seven Hundred
Fifty Thousand and no/100 Dollars ($2,750,000.00), the following described premises situated in
the Township of Alloucz, County of Keweenaw and State of Michigan:
See attached EXHIBIT A — legal descriptions
subject to, and benefiting from, all terms, conditions, restrictions and reservations contained in this
GRANT OF PROTECTIVE CONSERVATION EASEMENT.
Grantors and Grantee agree:
L. DEFINITIONS AND CONVEYANCE
Date:
November 7, 2022
Owner:
Jane C. Griffith and John T, Griffith, wife and husband
22670 State Highway M203
PO Box 47
Calumet, MI 49913
Conservancy:
Superior Watershed Partnership and Land Conservancy
9 Peter White Drive
Presque Isle Park
Marquette, MI 49855
Property:
The property legally described on attached Exhibit A.
The property is known as Keweenaw Lakeshore Forest (KLF).
Conveyance;
Owner conveys and warrants to Conservancy a perpetual Conservation
Easement over the Property. The scope of this Conservation Easement is
as set forth in this agreement.
Consideration:
This conveyance is in the form of a bargain sale from Owner to
Conservancy and the consideration for this conveyance is $2,750,000.
Easement:
This Conservation Easement,Page 28
NREPA: The Michigan Natural Resources and Environmental Protection Act, MCL. 324.101 ef seq. IL REPRESENTATIONS 1. OWNER. Owner is committed to preserving the Conservation Values of the Property. Owner is committed to restricting the use of the Property to activities consistent with the Purposes and preservation of the Conservation Values, 2, CONSERVANCY. Conservancy: A. B. 1s a qualified holder of this Conservation Basement committed to preserving the Conservation Values of the Property and upholding the terms of this Easement, Is a tax-exempt, nonprofit Michigan corporation qualified under Internal Revenue Code 501(c)(3) and 170(h)(3) and NREPA Part 21 Subpart 11, Conservation and Historic Preservation Easement, MCL 324.2140 et seq., Has the resources to enforce this Easement, Protects natural habitats of fish, wildlife, plants, and the ecosystems that support them, and Preserves open spaces, including farms and forests, where such preservation is for the scenic enjoyment of the general public or pursuant to clearly delineated governmental conservation policies and where such preservation will yield a significant public benefit, II. OWNER AND CONSERVANCY AGREE TO THE FOLLOWING: 1. PURPOSES. The Purposes of this Conservation Easement are to forever conserve the Property for the following conservation putposes: A. B. C. To protect and preserve in perpetuity a relatively natural habitat or ecosystem, of fish, wildlife, or plants, or similar ecosystem, To preserve in perpetuity open space that will yield a significant public benefit for the scenic enjoyment of the general public, To protect and preserve in perpetuity water quality, wetlands, and riparian vahies. To protect and enhance in perpetuity native habitat and species abundance and diversity, especially breeding, nesting, denning, loafing, and resting habitat/ sites.
Page 29
These purposes are referred to as the “Purposes” of this Easement. CONSERVATION VALUES. The Property possesses natural, ceological, biological, scientific, scenic, and open space values of prominent importance to Owner, Conservancy, and the public. These values are referred to as the “Conservation Values” in this Easement. Certain Conservation Values may have relevance to more than one Purpose even though only listed once. The Conservation Values of this Easement include the following: A. The Property contains significant natural habitat in which fish, wildlife, plants or the ecosystems which support them thrive in a natural state, as demonstrated by: 1 2) 3) 4 5) The Property provides vital corridor wetlands and upland wildlife habitats which serve as a connection for wildlife movement and create a natural “greenway” within the large acreage of the Property and between contiguous County Park and NGO lands to the west and south and State Forest and NGO lands to the east and north together comprising 7,782 acres of protected lands. The Property is noteworthy for its location on the Keweenaw Peninsula, large size (1,915 acres), Lake Superior shoreline (5,895), Gratiot River frontage (7,882"), acres of wetland (623, including 563 acres of nationally declining wetland), and the abundance and diversity of flora and fauna including endangered, threatened, rare, and sensitive species, Wetlands, as described in NREPA Part 303, Wetland Protection, MCL 324.30301 et seq, identified as important natural resources for the people of the State of Michigan, are present on the Property. Habitats that support endangered, threatened, rare, and sensitive species of animal, fish, plants, or fungi: Volcanic Bedrock Lakeshore (M1 high conservation value), Bedrock Glade, Bedrock Nearshore Aquatic System, Palustrine Emergent and Palustrine Forested Coastal Wetlands (Nationally declining), Ridge-Swale System, Riverine (8.2 miles of riparian), Turtle Lake Wetland Complex, Scrub-Shrub/Marsh/Open Water Wetlands, Upland Forest with a unique ecotonal mix of boreal forest and deciduous tree species. Several endangered, threatened, rare, and sensitive species have been observed and are supported on the Propetty, including Federally Endangered (1 species), Federally Protected (1 species), Michigan Endangered (1 species), Michigan Threatened (5 species), Michigan
Page 30
6) 7 8) 9 10) 11) 12) 13) 14) Venture, Partners in Flight), state (MNFI, TNC), and local (cc Audubon, KLF Forest Stewardship Plans, KNA GRWLSCCA) conservation plans, The Property contains geological and natural features which represent high quality examples of terrestrial or aquatic communities such as 1.1 billion year old basaltic bedrock and cobble lakeshore including headlands, islands, and forest outcrops (Lakeshore Traps Lava); the Turtle Lake Wetland Complex and Watershed; Fem Creek; Northern White Cedar Old Growth, Shelterwood Management Area/ Young Forest; Pure Sugar Maple Woods; Ancient Lake Superior Beach Bluff; Gratiot River Plateau; Gratiot River Slope; and the Gratiot River including the Lower Falls, The Property contains sustainable habitat for biodiverse vegetation, birds, fish, amphibians and terrestrial animals. The Owner has documented the presence of at least 45 species of native mammals, 122 species of native birds, and 19 species of native reptiles and amphibians on the Property. The Property contains a diversity of plant and animal life in an unusually broad range of habitats for a property of its size. The Property is characteristic of Boreal Hardwood Transition Forest North Woods Ecotone and the Superior Mineral Range Ecoregion. lts dominant vegetation is broadleaf forest mixed with boreal forest interspersed with emergent and forested wetland habitats, These plant communities are in a relatively natural and undisturbed condition and support the full range of wildlife species found in these habitat types. The Property contains natural wetland areas that provide habitat for aquatic invertebrates, reptiles, amphibians, and aquatic and/or emergent vegetation, Valued native forest land exists on the Property, which includes diverse native species, trees of many age classes and structural diversity, including a multi-story canopy, standing dead trees and downed logs. The Property provides important natural land within the watershed of Turtle Lake, Fern Creek, and the Gratiot River, Protection of the Property in its natural and open space condition helps to ensure the quality and quantity of water resources for Lake Superior and the lakes, ponds, rivers and creeks on the Property. The Pro
Page 31
15)
16)
17)
18)
19)
The Property has a significant amount of undeveloped frontage on the
banks/shore of the Gratiot River, a State-desi gnated trout stream in
Michigan.
Sections of the Property are situated on hillsides with slopes greater than
20% that are adjacent to or in close proximity Lake Superior and the
Gratiot River and the vegetated slopes would be highly susceptible to
erosion damage and accelerated stormwater runoff that could adversely
affect water quality if the trees or other vegetation were removed.
The Property is contiguous with and provides critical linkage to the
following conserved properties which similarly preserve the existing
natural habitat and together create an even larger and more significant
conservation area; MNA Black Creck Preserve (242 acres), Keweenaw
County Gratiot River Natural Park (100 acres), KNA Gratiot River North
(205 acres), KNA Gratiot River South (226 acres), KNA Gratiot River Falls
(320 acres), KNA Conglomerate Falls (281 acres), KNA Hills Creek (1,220
acres), KNA Dore Woods (80 acres), KNA Seven Mile Point (32 acres),
KNA Seven Mile Bay (10 acres), KNA Merganser Pond (400 acres), KNA
Merganser Pond North (80 acres), Copper County State Forest (565 acres),
Oak Ridge Sanctuary (16 acres).
This Easement protects a natural area which contributes to the ecological
viability of a local, state, or national park, nature preserve, wildlife refuge
wilderness area, or similar conservation area {see Item 17).
3
Preservation of the Property enables Owner to integrate the Conservation
Values with other neigliboring lands.
The Property provides open space for the scenic enjoyment of the general public
and will yield a significant public benefit through:
Dj
2)
3)
A scenic landscape and natural character that would be impaired by
large-scale development of the Property.
A scenic panorama visible to the public from publicly accessible sites,
including from Lake Superior, Gratiot River County Park, several
KNA (Keweenaw Natural Areas) public-access properties, and the
nearby highlands along the central “spine” of the Keweenaw Peninsula
from which a panorama of the property is visible, which would be
adversely affected by modifications of the natural habitat,
Prominent visibility to the public from a national audience, which will
enhance tourism if the Property is prPage 32
4 5) 6) Biological integrity of other land in the vicinity of the Property has been modified by intense lakeshore and riverfront residential development and forest fragmentation and that trend is expected to continue if not accelerate. There is a reasonable possibility that Conservancy may acquire other valuable property rights on nearby or adjacent properties to expand the Conservation Values preserved by this Conservation Easement, The Property is desirable for substantial residential development because of its size, location, and orientation and in the absence of this Conservation Easement the Property would be developed in a manner that would destroy the Conservation Values. The Property is preserved pursuant to clearly delincated federal, state, and local conservation policies and its preservation yiclds a significant public benefit. The following legislation, regulations, and policy statements identify relevant public poticics: 1) 2 3) 4 5) 6) The State of Michigan has recognized the importance of protecting our natural resources as delineated in the Michigan Constitution: The conservation and development of the natural resources of the state are hercby declared to be of paramount public concern in the interest of the health, safety, and general welfare of the people. The legislature shall provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction. (1963 Constitution, Article IV, Section 52.) NREPA Part 21 Subpart 11, Conservation and Historic Preservation Easement, MCL 324.2140 ct seq.; NREPA Part 355, Biological Diversity Conservation, MCL 324.35501 et seq. (Legislative Findings MCL 324.35502); NREPA Part 303, Wetland Protection, MCL 324.30301 et seq. (Legislative Findings MCL 324.30302); Water Pollution Control Act of 1972, 33 USC 1251-1387 (§1251 Goals & Policy; §1344 Wetlands permitting, also known as “Section 404” of the Clean Water Act); Coastal Zone Management Act, 16 USC 1451 et seq. (§§1451, 1452 Congressional Findings and Policy);
Page 33
1) 12) 13) 14) 15) 16) 17) 18) 19) 20) NREPA Part 301, Inland Lakes and Streams, MCL 324.30101 ct seq.; NREPA Part 325, Great Lakes Submerged Lands, MCL 324.32501 et seq.; NREPA Part 361, Farmland and Open Space Preservation, MCL 32436101 et seq; NREPA Parts 91 and 93, Soil Conservation, Erosion, and Sedimentation Control, MCL 324.9101 et seq.; 324.9301 et seq. (Legislative Policy MCL 324.9302); The Michigan State Extension/ Michigan Natural Features Inventory governmental agency has endorsed the proposed scenic view of the Property under a landscape inventory, pursuant to a review process; The Michigan State Extension/ Michigan Natural Features Inventory office has recognized the importance of the Property as an ecological and scenic resource, by designating this and other land as “high priority for acquisition [fee title or Conservation Easement)”; Endangered Species Act of 1973, Public Law 93-205, as amended; U.S. Fish and Wildlife Service National Wetland Inventory (NWI); U.S Fish and Wildlife Service National Coastal Wetlands Conservation Act (NCWCY); U.S. Fish and Wildlife Service, Birds of Conservation Concern, Bird Conservation Region 12: BCC (BCR 12); North American Wetlands Conservation Act (NAWCA); Upper Mississippi /Great Lakes Region Joint Venture (UM/GL IV) 1) Summary of Waterfowl and Waterbird Habitat Conservation, 2) Shorebird Habitat Conservation Strategy, 3) Landbird Habitat Conservation Strategy, and 4) UM/GL JV, Michigan BCR 12 Assessment Summary, Partners in Flight, Bird Conservation Plan, The Boreal Hardwood Transition (Bird Conservation Region 12 - U. S. Portion); Keweenaw Natural Areas Gratiot River Watershed and Lake Superior Coastal Conservation Arca Plan (GRWLSCCA).
Page 34
BASELINE DOCUMENTATION. Specific Conservation Values of the Property have been documented in a natural resource inventory certified and signed by both Owner and Conservancy (hereinafter "Baseline Documentation Report" regardicss of specific name(s) on inventory(ies) ). The Baseline Documentation Report, incorporated herein by reference, consists of maps, a depiction of all existing human-made modifications, prominent vegetation features, identification of flora and fauna, land use history, distinct natural features, and photographs of the Property. The parties agree that the Baseline Documentation Report is an accurate representation of the Property at the time of execution of this Conservation Easement. Conservancy may usc the Baseline Documentation Report to enforce this Conservation Easement but is net limited to the Baseline Documentation Report to show a change in conditions. Any characterization of this Easement in the Baseline Documentation Report shall not be interpreted so as to alter, amend, limit, or otherwise modify this Easement; the terms of this Easement shall control in the event of any alleged or actual conflict or inconsistency between the terms of this Basement and the Baseline Documentation Report. OWNER PERMITTED AND PROHIBITED USES. Owner retains all ownership rights not expressly restricted by this Conservation Easement but any activity on or use of the Property that is inconsistent with the Purposes or detrimental to the Conservation Values is expressly prohibited. Explicitly retained rights and explicitly prohibited activitics and uses include the following, without limitation, with respect to the Property: A. Right to Convey and Transfer Notices. Owner retains the right to sell, mortgage, bequeath, donate, or otherwise convey the Property subject to the terms of this Conservation Easement. Bach subsequent Owner will be bound by this Basement. At least 30 days prior to transfer of any of Owner's rights in the Property, Owner or Owner's representative shail give a) the proposed transferee of the Property a true, accurate, recorded and complete copy of this Easement, and b) the Conservancy written notice of the proposed transfer including the full name(s) and address(es) of the prospective transferec(s). Owner at all times shall provide Conservancy with up-to-date contact information including mailing address, telephone number, and any email address regularly checked, B. Subdivision. The following are prohibited: The legal or de facto subdivision of the Property, including any subdivision, short subdivision, platting, binding site Plan, testamentary division, creation of a site condominium or other submission of the Property to a condominium form of ownership, or other process by which the Property is divided into lots ot in which title to different portions of Property are held by different owners. C. Industrial, Institutional and Commercial Activities. All industrial, institutional and conmmercial activity on the Property is prohibited EXCEPT t
Page 35
Structures and Construction. The placement or construction of any human- made modifications, including structures, buildings, fences, toads, and parking lots is prohibited except as follows: By Right to Maintain and Replace Structures Existing as of Execution of this Easement. Owner retains the right to maintain, renovate, and replace the roads and flow control structures existing as of the execution of this Easement in substantially the same location and size as documented in Baseline Documentation Report. Any replacement or expansion may not substantially alter the character or function of the road or flow control structure. Prior to beginning renovation or replacement of the structure(s) existing as of execution of this Easement, Owner will provide a written plan to Conservancy for Conscrvancy’s review and approval; such approval may be withheld only upon a reasonable determination by Conservancy that the action as proposed would be inconsistent with the Purpose and terms of this Easement, Vegetation Management. Any alteration, including pruning, trimming, cutting down, using herbicides, or otherwise causing the destruction or removal of trees or other vegetation, whether living or dead, in whole or in part, is prohibited, except as follows: 1 2) Right to Manage Dangerous, Nonnative or Diseased Trees or Vegetation. Pruning, trimming, and removing trees or other vegetation is permitted only under the following conditions: a, To respond to, minimize, and/or eliminate real danger to a structure or humans in frequently used areas due to a structural or health defect of a tree as documented by a registered forester or other natural resource specialist and as approved by Conservancy. b. To respond to, minimize, and/or eliminate a threat of infestation posed by discased vegetation as documented by a registered forester or other natural resource specialist and as approved by Conservancy. c. To respond to, minimize, and/or eliminate threats from invasive or non-native plant species. Right to Facilitate Maintenance and Construction. Reasonable pruning, trimming, or removing trees or other vegetation is permitted to facilitate the maintenance, repair, replacement or construction of any
Page 36
3) Right to Use and Cut Downed Trees for Firewood, Owner retains the right to cut and use trees that are downed as a result of natural occurrence for personal usc as firewood without a management plan, provided that said use retains adequate woody debris on the forest floor for habitat and soil productivity purposes. This right does not include any removal of live or standing dead trees. 4) Right to Conduct Planned Forest and Habitat Management. Any removal of live or standing dead trees for purposes not addressed above is considered forest management and is subject to requirements of a mutually agreed upon forest management plan, and Owner shail provide Conservancy with 60 days prior notice of any tree removal or harvest, in accordance with Sec. 7 below. Disturbance/Alteration of Land. Disturbance, alteration, and mining of the surface of the Property, including the excavation, removal, quarrying, filling, storing, or relocation of soil, sand, gravel, aggregate, rock, stone, cobble, agate, mineral, Yoopetlite, ore, marl, limestone, gypsum, sali, coal, clay, peat, sod, or topsoil, are prohibited, except as permitted in 4.F.1). Treatment, processing, storage, transportation, and other handling of overburden, effluent, tailings, or other waste or byproducts created or produced during mining, the removal of surface or mineral resources, or oil and £48 extraction also arc prohibited. 13) Right to use on site sand and gravel. Owner retains the right to use on site sand and gravel removed from an existing gravel pit to maintain roads permitted in Section 4.D.1, Mining and Oil and Gas Extraction, Mining is expressly prohibited, including but not limited to any activity which will disturb, consume, deplete, usc, occupy, or alter the surface estate, ecosystem, hydrology, or groundwater, including but not limited to the removal of non-hydrocarbon metallic and non-metallic minerals. No circumstance, including the exercise of the retained rights below, shall be interpreted to permit any of the following: injection, mixing, use, retention, storage, transportation, or other presence of hydraulic, fracking or similar fluids, chemicals, or substances, whether new, used, reclaimed, recovered, waste, or otherwise across or on the Property; use of any surface water on the Property for oil and gas activities, including but not limited to hydraulic fracking; mining or oil or gas exploration, development, or testing for or extraction conducted on, from, or across the surface of the Property; and alteration or use of the Property surface or construction or placement of any structures, including wells and pipelines, on, over, or across the property. Notwithstanding the foregoing prohibitions, the following activitics are permitted:
Page 37
swrface of the Property for commercial purposes provided that no exploration, development, or testing for or extraction shall be conducted on, trom, or across the surface of the Property and all such extraction is by directional or horizontal drilling from a surface location off of the Property to prevent any impairment of water or other resources protected by this Easement. Nothing otherwise prohibited herein may be allowed by the owner’s authorization. 2) Right to enter into a non-developmental lease. Owner retains the right fo enter into a non-developmental lease which solely permits the extraction of oil, gas, hydrocarbons, or petroleum from beneath the Property surface without any alteration or use of the Property surface or construction or placement of any structures, including wells and pipelines, on, over, or across the Property. Nothing otherwise prohibited herein may be allowed by the terms of the non-developmental lease. Waste. Processing, retention, storage, transporting, dumping, disposal, or injection of liquid, solid, gaseous, natural or human-made waste, refuse, or debris on or into the Property is prohibited except as follows: 1) Right to Dispose of Compost. Owner retains right to dispose of Owner's fully composted human waste soil on site, Water Courses, Groundwater, Natural water courses, lakes, rivers, streams, creeks, wetlands, and other bodies of surface water and groundwater or water features may not be altered or impounded. Water from ground or surface sources may not be diverted, blocked, extracted, pumped, or piped from the Property or degraded or polfuted expect as follows: 1) Right to Divert. Owner retains right to impound water by use of flow control structures to create high quality wetland and waterfowl habitat, 2) Right to pump groundwater, Owner retains right to pump groundwater for irrigation of seedlings and revegetation efforts in aid of habitat restoration and/or enhancement. Off-Road Recreational Vehicles. Motorized off-road vehicles such as, but not limited to, snowmobiles, dune buggies, all-terrain vehicles, dirt bikes, and motorcycles may not be operated off of designated roads and trails on the Property. 3) Right to Emergency Vehicle Access and Restoration Work, Emergency vehicles are permitted as necessary. Vehicles used to complete
Page 38
M.
Livestock. Raising or housing of livestock, poultry or horses,
commercial breeding, and commercial aquaculture are prohibited on the
Property.
Signs and Billboards. Billboards and permanent signs are prohibited except as
follows:
1)
Right for signs for specific purposes. Owner retains the right to
display signs for the following purposes and any other purposes
consistent with Permitted Uses under Sec. 4.
a.
To disclose the name and address of the Property or the
owner's name,
b,
To disclose that the Property is protected bya
conservation easement (See 5 D)
c.
To state that trespassing or any unauthorized entry or use is
prohibited.
d.
To advertise the Property for sale or lease.
c.
To identify and interpret trails and natural features.
f.
To warn of the presence of dogs or other animals.
[8
To warm or deal with matters of property boundaries,
health, safety, and welfare.
h.
To comply with any applicable law or regulation.
Right to Hunt, Trap and Fish. Owner retains all rights to {ish on and from the
Property consistent with all applicable laws. All hunting and trapping is
expressly prohibited except as follows:
1) Right to hunt White-tailed Deer. Owner retains all rights to hunt
White-tailed deer on and from the property consistent with all applicable
laws.
2) Right to Trap. Owner retains the right to trap solely for purposes of
wildlife research, after which trapping the subject is released unharmed.
Right to Renewable Energy. Owner reserves the right to and may construct,
operate, maintain, replace, and upgrade otherwise lawful non-commercial solar,
wind, geothermal, and other types of renPage 39
of Conservancy, (c) installation, construction, and use of such Equipment does not adversely impact the Conservation Values protected by this Easement. Right to Other Permissible Uses. Conservancy and owner acknowledge that there may be other permissible uses that may be fully consistent with the protection of the Conservation Values and Purposes but are not contemplated or expressly reserved in this Basement. Accordingly, Conservancy and Owner agree that the Owner may engage in any such permissible use only if the Owner seeks approval from Conservancy prior to implementing any such use, and the Conservancy confirms in writing, and in its sole discretion, that the proposed usc dacs not impair or interfere with the Conservation Values and Purposes of this Hasement. 5, CONSERVANCY RIGHTS. Owner grants the following rights to Conservancy to perpetually maintain the Conservation Values of the Property: A. Entry and Cooperation. The public is not granted access to, right of entry onto, or use of the Properly by this Easement. Conservancy including its authorized agents may enter the Property at reasonable times ta monitor the Property, to enforce compliance with this Easement, and to otherwise exercise its rights under this Basement, Owner shall fully cooperate with Conservancy in Conservancy's undertaking and execution of Conservancy's responsibilities under this Easement; Conservancy will not unreasonably interfere with Owner's use and quiet enjoyment of the Property or permit others to enter the Property. Except in case of emergency or if there is imminent threat to the Conservation Values, Conservancy shall exercise reasonable efforts to notify Owner in advance of Conservancy's planned entry onto the Property. Owner agrees to fully cooperate with Conservancy regarding all matters relating to this Easement including, without limit, promptly, truthfully and accurately reporting and fully disclosing all activities and conditions on or affecting the Property regarding or affecting the Purposes and Conservation Values of this Easement and any violations of this Easement. Owner shall not directly or indirectly interfere with, restrict, place conditions upon access, or otherwise prevent Conservancy or its representatives or agents from entering (he Property for purposes of monitoring, inspecting, verifying, protecting, correcting, preserving or otherwise acting to protect the Conservation Values of or otherwise enforce this Easement. if locked gates or other features restrict access to the Property, Owner shall provide Conservancy with keys and all other information or means necessary for Conservancy or its agents to be able to reasonably enter the Property by vehicular means over established access roads or trails; without liability, Conservancy may undertake reasonable self-help to access the Property for Easement-related purposes if such information or means are not provided by Owner.
Page 40
Right to Require Restoration. Consistent with the remedies below, Conservancy has the right to require Owner to restore to its prior condition any area or feature of the Property which is significantly damaged by any activity inconsistent with this Conservation Easement. Owner shall conduct the restoration in accordance with a plan submitted to and approved by Conservancy. 6. CONSERVANCY REMEDIES. Conservancy has the following cumulative, nonexclusive remedies: A. Delay in Enforcement. Any delay in enforcement shall not be construed as a waiver of Conservancy's right to enforce the terms of this Easement. Third Person Violations. Owner and Conservancy shall have the following rights for acts or occurrences at the Property beyond the direct or indirect control of Owner: n Conservancy may not bring an action against Owner for modifications to the Property or damage to the Property or its Conservation Values resulting from natural causes beyond Owner's control, including natural disasters, fires, floods, storms, natural earth movement or other acts of Nature, 2) Owner shall be responsible for significant modifications or damage to the Property that impair or damage the Conservation Values of the Property and result from the acts of third persons whose use of, or presence on, the Property was authorized by Owner. Owner shall perform such restoration pursuant to and in accordance with the restoration plan prepared by a competent professional selected by Owner and submitted to and approved by Conservancy in writing, 3) In the event of an unauthorized third-person violation of the Conservation Values on the Property, Conservancy shall not seek restoration or exercise remedies available to it if and so long as Owner diligently pursues all available legal remedies against the violator. Tn the event actions taken by unauthorized third persons significantly impair the Conservation Values protected by this Easement, Conservancy reserves the right, either jointly or singly, to pursue all appropriate civil and criminal penalties to compel restoration and Owner assigns all claims and rights to recover against such third persons to Conservancy, Notice and Demand. If Conservancy determines that Owner is in violation of this Easement, or that a violation is threatened, Conservancy shall provide written notice to Owner. The written notice will identity the violation and request
Page 41
B. irreparable harm, no written notice is required and Conservancy may then immediately pursue its remedies to prevent or limit harm to the Conservation Values of the Property. If Conservancy believes that this Easement has been, or is expected lo be, violated, and Conservancy’s good-faith and reasonable efforts to notify Owner are unsuccessful, Conservancy nay pursue its lawful remedies to mitigate or prevent significant harm to the Conservation Values without prior notice and without awaiting Owner’s opportunity to cure; Owner agrees to reimburse Conservancy for afl reasonable costs incurred by Conservancy associated with this effort. Owner Failure to Act. If, within 90 days after written notice per 111.6.C, Owner does not implement corrective measures requested by Conservancy, Conservancy may bring an action in law and/or in equity to enforce the terms of the Easement, In the case of immediate or irreparable harm, as determined in the sole discretion of Conservancy, or if Owner is unable to be notified, Conservancy may invoke these same remedies without notification and/or awaiting the expiration of the 90- day period. Conservancy is entitled to seek to enjoin the violation through temporary or permanent injunctive relief and to seek specific performance, declaratory relief, restitution, reimbursement of expenses, and/or an order compelling Owner to restore the Property, Conservancy shall have the right of specific performance to impose or enforce any right and obtain relicf by immediate temporary restraining order, preliminary and/or permanent injunctive order, without the necessity of bond or other security, and without having to prove damages. Such relief shall be against Owner and/or aly person or entity acting in concert with Owner and in addition to damages and other available remedies to the Conservancy and all such rights and remedies shall be cumulative. Owner agrees if a violation of this Easement is threatened or occurs the harm and injury to the Conservancy will be irreparable and such that the Conservancy will have no adequate remedy at law and could not be compensated adequately by damages. If the court determines that Owner has failed to comply with this Easement, Owner shall also reimburse Conservancy for all reasonable litigation costs and reasonable attorney's fees, and all costs of corrective action or Property restoration incurred by Conservancy. Frivolous Litigation. If Conservancy initiates litigation against Owner to enforce this Easement, the court determines that Owner is the prevailing party, and the court determines that (i) the litigation was initiated with the primary purpose to harass, embarrass, or injure Owner; (ii) Conservancy did not have a reasonable basis to believe that the facts underlying Conservancy's legal position were in fact true; or (iif) Conscrvancy’s legal position was devoid of arguable legal merit, then the court may require Conservancy to reimburse Owner's reasonable costs and reasonable attorneys fees in defending the action.
Page 42
damages for any violation of the terms of this Easement is inadequate. Conservancy shall also be entitled to affirmative and prohibitive injunctive relief and specific performance, both prohibitive and mandatory. Conservancy’s claim for injunctive relief or specific performance for a violation of this Conservation Easement shall not require proof of actual monetary damages to the Conservation Values. G. Cumulative Remedies. The preceding remedies of Conservancy are cumulative. Any or all of the remedies may be invoked by Conservancy if there is an actual or threatened violation of this Conservation Easement. NOTIFICATION. If Owner proposes to undertake any activity which requires notice to Conservancy or Conservancy's approval, Owner shall provide 30-days written notice of Owner's planned activity together with all reasonably related information, including a written description of the planned activity, engineer/architect plans and drawings, permits, schedules, and the like. Conservancy may obtain an additional thirty (30) day period to provide its approval by notifying Owner of its intent to extend the time within the original thirty (30) day period. If Conservancy does not object to Owner's planned activity within 30 days after actual receipt of written notice and supporting materials or request a 30-day extension, then its approval shall be impliedly given, but there is no implied approval for any activity contrary to this Conservation Easement or impairing a Conservation Value. Conservancy’s approval, actual or implied, shall continue for three years. If Owner's approved activity is not completed within three years afler Owner's initial written notice to Conservancy, then Owner must re-submit Owner's written application to Conservancy. SUBORDINATION. Owner represents and warrants that as of the date of execution and recording of this Conservation Easement, the Property is not subject to any lease, land contract, mortgage, licn, claim or interest which has not been subordinated to this Conservation Easement, Any lease, land contract, mortgage, licn, claim or interest in the Property arising after the date of recording this Conservation Easement shall be subject and subordinate to the terms of this Conservation Easement, CONSERVATION EASEMENT REQUIREMENTS UNDER MICHIGAN AND FEDERAL LAW. A, This Conservation Easement is an immediately vested interest in real property created pursuant to NREPA Part 21 Subpart 11 Conservation and Historic Preservation Easement, MCL 324.2140 ot seq. Owner agrees that this Conservation Easement has a fair market value that is at least equal to the proportional value that the Conservation Easement at the time of the gift bears to the value of the Property as a whole at that time,
Page 43
10.
11.
12.
13.
B.
This Conservation Easement is established for conservation purposes pursuant to
the Internal Revenue Code, as amended, 26 U.S.C. Section 170(h)(1)~(6) and
Sections 2031(c), 2055, and 2522, and under Treasury Regulations at Title 26
C.F.R. Section 1.170A-14 et seq., as amended.
C.
Conservancy is qualified to hold conservation easements pursuant to these
statutes, Conservancy is a publicly funded, non-profit 501(c)(3) organization with
the authority to accept lands, casemcents, and buildings for the purpose of
preserving and protecting natural, scenic, educational, recreational, or open-space
values of real property, and with the commitment to preserve the Conservation
Values of the Property.
OWNERSHIP COSTS AND LIABILITIES. In accepting this Conservation
Easement, Conservancy shall have no liability or other obligation for costs, taxes,
assessments, insurance, maintenance, or other liabilities of any kind related fo the
Property. Conservancy's rights do not include the right, in absence of a judicial decree,
ta enter the Property for the purpose of becoming an operator of the Property within the
meaning of the Comprehensive Environmental Response, Compensation, and Liability
Act, NREPA, or any similar statute or regulation. Conservancy, its members, trustees or
directors, officers, employees, and agents have no liability arising from injury or death
to any person or physical damage to any property on the Property. Owner agrees to
defend, indenmify and hold harmless Conservancy against such claims arising during
the term of Owner's ownership of the Property.
HAZARDOUS MATERIALS. Owner represents and watrants that Owner has no
knowledge of any release, discharge, dispersal or storage of hazardous substances, or
hazardous wastes on the Property. Owner agrees to defend, indemnify, and hold
harmless Conservancy against all claims of hazardous materials contamination on the
Property,
CESSATION OF CONSERVANCY EXISTENCE, If Conservancy ceases to exist or
fails {0 be a “qualified organization” for purposes of Internal Revenue Code Section
170(h)(3), or if Conservancy is no longer authorized to acquire and hold conservation
casements, then this Conservation Easement shall become vested in another cntity
which is a “qualified organization” for purposes of Intemal Revenue Code Section
170(h)(3). Conservancy's rights and responsibilities shall be assigned to any entity
having similar conservation purposes to which such right may be awarded under the cy
pres doctrine, The Easement should not be assigned to any of the following
organizations: Keweenaw Land Trust, Michigan Nature Association, Gratiot Lake
Conservancy, Keweenaw Community Forest, Houghton Keweenaw Conservation
District, Upper Peninsula Land Conservancy.
ASSIGNMENT. The Conservancy may assign its rights and obligatPage 44
14. 15. assume all obligations of the Conservancy under this Conservation Easement and continue to carry out the conservation purposes of this Conservation Easement. The Easement should not be assigned to any of the following organizations: Keweenaw Land Trust, Michigan Nature Association, Gratiot Lake Conservancy, Keweenaw Community Forest, Houghton Keweenaw Conservation District, Upper Peninsula Land Conservancy. FUTURE CONDITIONS. No use shall be made of the Property and no activity thereon shall be permitted which is, or is likely to become, inconsistent with the Purposes of this Easement. Owner and Conservancy acknowledge that, in view of the perpetual nature of this Easement, they are unable to foresee all potential future land uses, technologies, climate changes, evolution in flora and fauna, other natural resources, and other circumstances, occurrences and conditions affecting the Property or Easement Purposes. TERMINATION. This Conservation Easement may be extinguished only by a court order upon an unexpected change in condition which causes jt to be impossible to fulfill the Purposes, or by exercise of eminent domain. A. Unexpected Change in Conditions. If subsequent circumstances render the Purposes impossible to fulfill, then this Conservation Easement may be partially or entirely terminated but only by judicial proceedings. Conservancy will then be entitled to a share of the proceeds of any sale, exchange, or involuntary conversion of the Property, according to Conservancy's proportional interest in the Property, as determined and as required under Treasury Regulations Section 1.170A-14(g)(6)(ii) or its successor. Notwithstanding the foregoing, Owner and Conservancy intend that this Conservation Easement not be subject to the legal doctrine of “changed conditions” that is applied to traditional servitudes, In making this grant, Owner has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses, and that neighboring properties may in the future be put entirely to such prohibited uses. The unprofitability of conducting or implementing any or all of the uses permitted under the terms of the Conservation Easement shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. It is the intent of Owner that any such economic changes shall not be deemed to be changed conditions or a change of circumstances justifying the judicial termination, extinguishment or amendment of this Conservation Easement. B. Eminent Domain. If the Property is taken, in whole or in part, by power of eminent domain, then Conservancy will be entitled to a share of the proceeds of any sale, exchange, or involuntary conversion of the Property, according to Conservancy's proportional interest in the Property, as determined and as required under Treasury Regulations Section L170A-14(g)(6)(ii) or its successor.
Page 45
16.
17.
18.
19.
LIBERAL CONSTRUCTION. This Conservation Easement shall be liberally
construed in favor of maintaining the Conservation Values of the Property and in
accordance with the NREPA Conservation and Historic Preservation Easement statutory
provisions, Part 21 Subpart 11, MCL 324.2140 et seq.
AMENDMENT. Owner and Conservancy may Jointly amend this Conservation
Easement, provided that (i) such amendment is in writing and approved by Conservancy
in its sole and absolute discretion, (ii) no amendment shall be allowed that shall affect
the qualification of this Conservation Easement or the status of Conservancy under any
applicable laws, including MCL 324.2140-324.2144 or Section 170(It) of the Internal
Revenue Code, (iii) any amendment shall be consistent with the Purposes, and (iv) shall
not affect the perpetual duration of this Conservation Easement. Any such amendment
shall be in writing and recorded in the official property recotds of the County where the
Property is tocated and in all other Jurisdictions and places where such recording is
required.
OWNER RESPONSIBILITY AND CONSERVANCY APPROVAL. if the approval
of, consent to or non-objection by Conservancy is required or given regarding any act,
action, or activity of Owner or Owner's agents or contractors upon the land, then,
notwithstanding any such approval or consent of the Conservancy, for all purposes
Owner shall be solely responsible for the planning, design, necessity, implementation,
means, methods, materials, execution, adequacy, timing, soundness, supervision,
inspection, completion, conduct, effectiveness, impacts, results, or consequences of any
such activity and any act or omission in connection therewith, occasioned thereby, or
arising in connection with the same, including without limit any significant adverse
impact the same may have upon the Conservation Values protected by this Conservation
Easement. Under no circumstances shall the approval of, consent to and/or non-objection
by Conservancy to any act, action, activity of Owner or Owner's agents or contractors be
deemed to be, directly or indirectly, in whole or in part, participation, acceptance,
ratification, release, waiver, or a defense or other impediment to Conservancy's right to
protect the Conservation Values of or otherwise to enforce the terms of this Conservation
Easement against the Owner or any third person,
INDEMNIFICATION.
A.
Indemnification by Owners/ Grantors.
To the maximum exient allowed by law, Owners/Grantors agrees to defend,
indenmity and hold harmless Conservancy, its directors/trustees, officers,
employees, agents, volunteers, and representatives ("the Grantee Indemnified
Parties") from and against all claims, actions, proceedings, liabilities, damages,
losses, penalties, fines, costs, enforcement and restoration fees and costs, testing and
engineering fees and costs, consultant and expert fees and costs, and reaPage 46
B.
[3]
Injury or death to any person, damage to or diminution in the value of any
propeity, or damage fo natural resources from any act or omission of an
Owner/Grantor, in fulfitling obligations under this agreement, including any
injury, harm to, or death of a Grantee Indemnified Party,
2)
The presence, suspected presence, or threatened or actual release of any
hazardous substance whether into the air, soil, surface or groundwater on, in,
above, or below the Property,
3)
Any actual or alleged violation of any environmental law affecting the
Property, whether occurring prior to or during Owners/Grantors® ownership
of the Property and whether caused or permitted by Owners or any person
other than Owners/Grantors,
4)
Any claim or defense by Owners/Grantors or any third person that any
Grantee Indernificd Party is liable as an owner or operator of the Property
under any environmental law, or
5)
Any breach of Owner/Grantors® representations, warranties, or retained
responsibilities, obligations, or liabilities under this Conservation Easement,
provided, however, this paragraph shat not apply if it is finally determined
by a Michigan court that any of the foregoing was primarily caused by gross
negligence or material willful misconduct of Conservancy.
Indemnification by Conservancy/Graniee.
To the maximum extent allowed by law, Conservancy/Grantee agrees to defend,
indemnify and hold harmless Owners/Grantors, their heirs, successors and assigns
("the Grantor Indemnified Parties") from and against all claims, actions,
proceedings, liabilities, damages, losses, penalties, fines, costs, enforcement and
restoration fees and costs, testing and engineering fees and costs, consultant and
expert fees and costs, and reasonable attorney fees and costs, including those
incurred in enforcing this indemnity, arising directly or indirectly from or in
conjunction with:
13]
Injury or death to any person, damage to or diminution in the value of any
property, or damage to natural resources from any act or omission of
Conservancy/Grantee in fulfilling obligations under this agreement,
including any injury, harm to, or death of a Grantor Indemnified Party, or
2)
Any breach of Conservancy/Grantee’s representations, warranties,
responsibilities, obligations, or liabilities under this Conservation Easement,
provided, however, this paragraph shall not apply if it is finally determinedPage 47
20. ZI. 22. 23. 24, 25. NOTICES. All notices required or permitted under this Agreement shall be in writing and deemed given fo a party and effective when: a) delivered in person to a party or to an officer of the party being notified, or b) sent by certified mail return receipt requested, express mail with proof of delivery, first class mail prepaid, or a recognized nationwide courier service with proof of delivery to a party at the address set forth herein or to the last known address of a party. Either party may change its address by providing written notice of the same. Refusal of a party to accept notice shall not impair the giving of notice. SEVERABILITY. If any portion of this Conservation Easement is determined to be invalid, the remaining provisions will remain in force. SUCCESSOR RIGHTS AND OBLIGATIONS. This Conservation Easement is binding upon, and inures to the benefit of Owner's and Conservancy’s successors in interest. All subsequent owners of the Property are bound fo all provisions of this Conservation Easement to the same extent as Owner. A party's respective future rights and obligations under this Conservation Basement terminate upon transfer of that party’s interest in the Property, provided, however, liability accruing for acts or omissions prior to transfer survives transfer, MICHIGAN LAW AND FORUM. This Conservation Easement will be construed in accordance with Michigan law, Qwner and Conservancy agree and consent that all litigation with respect to or arising out of this Easement shall be filed, heard and decided by a Michigan court with jurisdiction over the Property or where Conservancy maintains its principal place of business in Michigan. ENTIRE AGREEMENT. This Conservation Basement sets forth the entire agreement of the parties and supersedes all prior discussions and understandings. EXHIBITS. This Conservation Easement includes, and incorporates the following Exhibits: A. Exhibit A: Legal Description
Page 48
OWNER Ci | kb! Prifgld Name: Ja = Lo fb A A Brine fffalbat ihn Griffith STATE OF MICHIGAN : COUNTY OF, bugpir. | Acknowledged befdfe me on this / of November, 2022, by Jane C. Griffith and | John T. Griffith, wife and husband. r-— 8 LWACKE Were FUBLIC - STATE OF MICHIGAN *, Notary Public COUNTY | My Sis pi eon Hougfrio, Hougfrio, County, Michigan wine Comya_ JT Acting in Hocgldar County / /- 3 2d My commission expires: CONSERVANCY: By: Printed Name: Carl Liffdqui st” Title: Executive Director, Superior Watershed Partnership and Land Conservancy STATE OF MICHIGAN ) ) COUNTY OF 2) as Acknowledged Sk me on this_ Yn of v7) 2022, by Carl Ve Set , Notary, 1% 13 J com) ov amin en, in AG que He. County My commission expires: |! / 18 Jao
Page 49
AFTER RECORDING PLEASE RETURN TO: Superior Watershed Partnership 2 Peter White Drive Presque Isle Park, Marquette MI 49855 CONTINUE TO SEND TAX BILLS TO: Jane C. Griffith and John T. Griffith PO Box 47 Calumet, MI 49913
Page 50
Legal Description EXHIBIT A Legal Description Tax ID 57-33 Sec 1: entire fract'l, section 42-102-01-100-500 57-32 Sec 6: Gov Lot 3 (fr. W1/2 of NW 1/4) 42-101-06-350-000 57-32 Sec 6: SE 1/4 of NW 1/4; N 1/2 of SW 1/4; SW 1/4 of SW 1/4 42-101-06-104-000 42-101-06-301-001 42-101-06-303-000 57-32 Sec 6: SE 1/4 42-101-06-400-001 42-101-06-200-000 57-32 Sec 5: SW 1/4 EXC NE 1/4 42-101-05-300-001 57-33 Sec 12: 51/2 of S 1/2 of SW 1/4; SW 1/4 of SW 1/4 of SE 1/4; E1/20fW 1/2 0fE 1/2 102-12-404-000 102-12-304-001 57-33 Sec 12: E 1/2 of E 1/2 42-102-12-204-001 57-32 Sec 6: SE 1/4 of SW 1/4; 57-33 Sec 7: NW 1/4 42-101-07-100-000 42-101-06-304-000 57-32 Sec 7: W 1/2 of NE 1/4; SW 1/4; W 1/2 of SE 1/4. 42-101-07-401-001 57-32 Sec 8: NW 1/4 42-101-08-100-000 57-33 Sec 13: NW 1/4; N 1/2 of SE 1/4. 42-102-13-100-001 57-32 Sec 7: £1/2 of NE 1/4 42-101-07-202-002 57-33 Sec 13: All that part of the SW 1/4 lying Northeasterly of the centerline of the Gratiot River AND 57-33 Sec 14: All that part of the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 lying Northeasterly of the centerline of the Gratiot River, 1062-13-300-001 102-14-204-002 57-32 is shorthand for T.57N — R.32W 57-33 is shorthand for T.57N — R.33W
Page 51
RECEIVED
AUG 11 2025
MICHIGAN TAX TRIBUNAL
Cai
STATE oF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1 BROWN, DPA
GOVERNOR
DIRECTOR
Jane Griftith and John Griffith
,
MICHIGAN TAX TRIBUNAL
Petitioner(s)
v
’
MTT Docket No. 25-002713
Allouez Township
Respondent(s)
PROOF OF SERVICE FOR PROPERTY TAX PETITION
*To be filed affer the Tribunal issues the Notice of Docket Number*
Jane C Griffith
states that on August 4, 2025
he/she
[Name of person serving/malling petition]
[date of service]
served a copy of the Petition relative to the above-captioned matter upon:
{Provide name and address of the following entities]
1. Assessor (via certified mall):
Lisa Karrio, Allousz Twp Assessor 102 Second Sirast, PO Box 64,
Mohawk MI 48850
2.
Clty Clerk or Township Supstvisor/Clerk (via certified mail):
Mark Aho, Allousz Twp Supervisor, 102 Seond Strast, PO Box 64
Mohawk MI 49950
3. County Equalization Director (via first class mail or personal service):
t
Eagle River, Ml 49950
4. County Clerk (via first class mall or personal service):
Eagle River, Mi 46950
5. Secretary of the local school board (via first class mall or personal service):
il
2
YX
Boa
a
B
£2
212)
Calumet, MI 4997
6.
State Treasurer (via first class mall):
Michigan Department of Treasury, State Treasurer
430 W. Allegan
Lansing, Mi 48922Page 52
1F \ ] FELIT1E00 POY PR £2 POY SHH ER tt HH HTH Q Bec (Cpdowimat MUL Nan \L ML 1% Ax gr