D & E Property Services.pdf

D & E Property Services, Petitioner V Township Of Northfield, Respondent · 24-003564-TT

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STATE OF MICHIGAN 

<Q 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

GOVERNOR 

LAKSING 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION 

Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. 

Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this 

document, you may be placed in default. 

Section 1: Petitioner's Contact Information 

First Name 

[AN 

Last Name/Company Name 

Darel- DEE Prope 

by Sewvices 

[& 

Prost 

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

e500 NM. Maple Rd 

Gity or, Town 

State 

ZIP Code 

_ 

A Arbor 

ME| 

98/05 

Telephone Number 

Fax Number 

734)3R8- 41 8S 

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

Aan, prastt 

€ gma 

, com 

Section 2: Petitioner’ s AttorneyiAuthorized Representative’s Contact Information 

First Name 

N/A 

Last Name 

Firm Name (if any) 

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

City or Town 

State 

ZIP Code 

Telephone Number 

Fax Number 

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

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 3: Subject Property Information 

Parcel Identification Number: 

B-02-05-400-00Y 

How many 

If you are appealing more than one parcel, are they contiguous or adjoining? 

parcelsareyou | [7] ves* 

[] nNo* 

appealing? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels. 

7 

**1f no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. 

Property Address (No., Street, City, ST, ZIP) 

[If multiple, list first property’s address] 

A5Y 

£. Shore 

Dr 

Lh more L Lake, mL 

485/89 

Taxing Authority 

(Cily or Township) 

Noe Blip Ad 

Teo P 

des. h Tenaw 

Classification of Property: 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Ulility 

(check one) 

Section 4: Check which of the following 

you are appealing 

x Principal Residence Exemption 

O Qualified Agricultural Exemption 

Section 5: Explain the Reason for this Appeal 

Owners hip 

has 

not 

cha nge o 

V4 lease 

re “tn sta Je 

ovigial 

cap value. 

Also 

Please 

jssue 

a 

refund 

Lor 

any 

Fe xs 

pad 

“that 

ave 

mis appl ed ue 

fo Nn 

/s5ué 

Section 6: Jurisdictional Issues 

List the tax year(s) denied: 

2031 

, 203, 2023 _A02Y 

Indicate who denied the exemption Fedor appeal: 

Assessor County Treasurer or Equalization Michigan Dept. of Treasury 

July Board of Review December Board of Review 

Other

Ty 

A 

Bd 

ETN 

ed 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of 

the filing of this petition. 

Signature required 

Petitioper 

yr Attorney/Authorized Representative’s Signature: 

Isl 

2 

l 

7

OPERATING AGREEMENT 

R E C E | V FE D 

OF 

JUN 

1 4 204 

D&E PROPERTY SERVICES, L.L.C. 

NORTHFIELD TOWNS 

Hip 

’ 

ASSESSOR'S Office” 

A Michigan Limited Liability Company 

This Operating Agreement is made effective August 4 

, 2020 by D&E Property Services, 

L.L.C., a Michigan limited lability company (the “Company” and Elizabeth Prast, Trustee of 

the Elizabeth Prast Revocable Trust dated September 26, 2002, 

as may be amended (the 

“Member™). 

ARTICLE 1. 

ORGANIZATION 

1.1. 

Formation. 

The Company has been organized as a Michigan limited lability 

company pursuant to the Michigan Limited Liability Company Act, 1993 PA 23, as amended 

(the “Act”), by the filing of Articles of Organization (“Articles”) as required by the Act. 

The 

Member is the Companys sole member. 

. 

1.2. 

Name. 

The name of the Company 

is D&E Property Services, L.L.C. The 

Company may also conduct its business under one or more assumed names. 

1.3. 

Purpese. The purpose to be conducted or promoted by the Company is to engage 

in any lawful act or activity and to exercise any powers permitted to limited liability companies 

organized under the laws of the State of Michigan that are related to or incidental to and 

necessary, convenient or advisable for the accomplishment of the above mentioned purposes. 

14. 

Duration. 

The Company shall be perpetual unless otherwise stated 

in the 

Articles or until the Company dissolves and its affairs are wound up in accordance with the Act. 

1.5. 

Registered Office and Resident Avent. 

The Registered Office and Resident 

Agent of the Company shall be as designated in the initial or amended Articles. The Registered 

Office and/or Resident Agent may be changed from time to time. Any such change shall be made 

in accordance with the Act. If the Resident Agent resigns, the Company shall promptly appoint a 

SUCCESSOr. 

1.6. 

Member. The Member is the sole member of the Company and exclusively owns 

all membership rights and benefits in the Company. 

ARTICLE 2. 

BOOKS, RECORDS, AND ACCOUNTING 

2.1. 

Books and Records. The Company shall maintain complete and accurate books

2.2. 

Fiscal Year. The Company’s fiscal year shall be the calendar year, 

ARTICLE 3. 

MANAGEMENT OF THE COMPANY 

3.1. 

Management of Business. 

The Company shall be managed by those persons 

(individually a “Manager” and collectively the “Managers™), who shall be designated by the 

Member in writing, from time to time, as Manager(s). The Manager(s) shall serve at the will and 

pleasure of the Member. The initial Manager of the Company shall be Daniel C. Prast, who shall 

serve until such time as his resignation or is otherwise removed by the vote or written consent of 

the Member. 

In the event more than one (1) Manager is designated, the Managers shall act by 

vote or written consent of a majority of the Managers, with each Manager having one (1) vote. 

3.2. 

Manager as Agent. To the extent of its powers set forth in this Agreement, the 

Manager is an agent of the Company for the purpose of the Company*s business, and the actions 

of the Manager taken in accordance with such powers set forth in this Agreement shall bind the 

Company. Except as otherwise expressly provided for in this Operating Agreement or the Act, 

no Member, acting in the capacity of a Member, shall have the right, power or authority to 

manage the business and affairs of the Company, bind the Company under any contract or 

agreement, or otherwise perforin any act on behalf of the Company. 

33. 

Officers. 

The Manager may appoint officers and agents for the Company as it 

deems necessary. 

If appointed, the officers may consist of a President, one (1) or more Vice 

Presidents, a Secretary, a Treasurer and such other officer positions that the Manager determines 

are necessary. A person may hold more than one (1) office. 

ARTICLE 4. 

EXCULPATION OF LIABILITY; INDEMNIFICATION 

4.1. 

Mavager Liability. 

No Manager shall, by viriue of such status, have any 

personal lability for any of the Company's debts, liabilities, or obligations. 

To the full extent 

permitted by the Act or any other applicable laws presently or hereafler in offect, no Manager 

shall be personally liable to the Company for or with respect to any acts or omissions as a 

Manager of the Company, provided that this Section shall not eliminate or limit the liability of a 

party for any of the following: (i) the receipt of a financial benefit to which the Manager is not 

entitled; 

(ii) for approving 

a diswibution of the Company in violation of this Operating 

Agreement or the Act; (iii) a knowing violation of law; or (iv) for willful misconduct, gross 

negligence, bad faith or a knowing violation of this Operating Agreement. 

Any repeal or 

modification of this Section shall not adversely affect any right or protection of a Manager with 

respect to any acts or omissions taken or not taken prior to such repeal or modification. 

4.2. 

Indempification. The Company shall indemnify, defend and hold each Manager 

of the Company (collectively, the “Indemnitees™) harmless from and against any losses, claims, 

costs, damages and liabilities, including, withows limitation, judgments, fines, amounts paid in 

settlement and expenses (including, without

party being a Manager of the Company, provided that such party acted in good faith, within what 

he reasonably believed to be the scope of his authority, acted for a purpose which he reasonably 

believed to be in the best interests of the Company and acted in compliance with the provisions 

of this Operating Agreement; provided, however, (i) that the Company shall not be required to 

indemnify any Indemnitce, and any such Indemnitee shall be liable, for any loss, expense or 

damage which the Company may suffer as a result of (A) such Indemnitee’s willful misconduct, 

knowing violation of law, gross negligence or bad faith in performing or failing to perform its 

duties hereunder; (B) actions taken by such Indemnitee in violation of this Operating Agresment, 

(C) the receipt by such Indemnitee of any financial benefits to which he/it is not entitled to 

pursuant to this Operating Agreement or the Act, or (D) the vote by such Indemnitee for a 

distribution of funds of the Company in violation of this Operating Agreement or the Act; and 

(if) any lability hereunder shall be limited solely to the assets and properties of the Company. 

ARTICLE 5. 

DISSOLUTION AND WINDING UP 

51. 

Dissolution. The Company shall dissolve and its affairs shall be wound up on the 

first to occur of the following events only: (a) at any time specified in the Articles; (b) on the 

occurrence of any event specified in the Articles; or (¢) consent of the Member. 

52. 

Winding Up. 

On dissolution, the Company shall cease carrying on its business 

and affairs and shall begin to wind them up. The Company shall complete the winding up as 

soon as practicable. On the winding up of the Company, its assets shall be distributed in a 

manner consistent with the Act. 

ARTICLE 6. 

MISCELLANEOUS PROVISIONS 

6.1. 

Benefits of Agreement; No Third-Party Rights. None of the provisions of this 

Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any 

creditor of the Member. Nothing in this Agreement shall be deemed to create any right in any 

person not a party hereto, and this Agreement shall not be construed in any respect to be a 

contract in whole or in part for the benefit of any third Person. 

6.2. 

Severability 

of Provisions. 

Fach 

provision 

of this 

Agreement 

shall 

be 

considered severable and if for any reason any provision or provisions herein are determined to 

be 

invalid, 

unenforceable 

or illegal under any 

existing 

or 

future 

law, 

such 

invalidity, 

unenforceability or illegality shall not impair the operation of or affect those portions of this 

Agreement which are valid, enforceable and legal. 

6.3. 

Entire Agreement. 

This Agreement constitutes the entire agreement of the 

parties with respect to the subject matter hereof. 

6.4. 

Geverning Law. 

This Agreement shall be governed by and construed under the 

laws of the State of Michigan (without regard to conflict of laws principles), all rights and

6.5. 

Amendments. 

This Agreement may 

be modified, 

altered, supplemented 

or 

amended pursuant to a written agreement executed and delivered by the Member. 

6.6. 

Counterparts. This Agreement may be executed in any number of counterparts, 

each of which shall be deemed an original of this Agreement and all of which together shall 

constitute one and the same. 

This Operating Agreement is made effective the day and year first above written. 

COMPANY: 

D&E PROPERTY SERVICES, L.L.C., 

a Michigan limited liability company 

onldnid 2 Ot 

Daniel C. Prast 

Its: Manager 

MEMBER: 

Vi 

an 

WE 

Elizabéth 

Prast, 

Trustee 

of the Elizabeth 

Prast 

Revocable Trust dated September 26, 2002

RECEIVED 

JUN 14 2024 

NORTHFIELD TOWNSHIP 

ASSESSOR'S OFFICE 

QUIT CLAIM DEED" 

KNOW ALL MEN BY THESE PRESENTS: That Elizabell Prast, whose address is 6500 N. Maple Road, Ann Arbor; MI 

48105; and William A. Tumimonds, whose address is 3860 Spartan Drive, Fort Gratiot, Mt 48059, as joint tenants with 

rights of survivorship, and as successors to Mary C. Tummonds (see death certificate recorded on 

2020, 

8 

Liber 

___ 

Page 

J {“Grantors™; quit claim to D&E Property Services, LLC, a Michigan fimited 

liability company. ("Grantee"), the following described: Premises situated inthe Township of - Northfield,” County of: 

Washtenaw znd State of Michigan, to-wit 

See attached Exhibit "A" forlegat description 

for the full consideration of $1.00, exempt under MCLA 207 .505(a) and MCLA 207. 526(a). Subject to all taxes and special: 

assessments which shall hereafter become due and payable and subject to all easements and resfrictions of record: 

Dated this SX day of 

_ 

Efizabgih brast 

i 

STATE OF MICHIGAN 

} 

py 

Cy 

JSS. 

county oF Ah nan. ) 

The foregoing instrument 

was ackndwledged before meg) 

of : 

1&4 

, 2020, by Elizabeth 

Prast and William A. Turimonds. 

ions 1 

NOTARY PUBLIG, STATE QF 68 

CL 

ACTHGINOOUNTY 

OF 3] 

41541 FE 

NOWBIY 

Public, 

72 

County, Mi 

My Commission Expires. 

- 

Acting in the County of 

* Drafted by: 

When recorded return fo: 

Send subsaguent tax bills to: 

David J: Den Booven 

David J. Den Dooven: 

Grantee. 

Kerr, Russell and Weber, PLC 

Kerr, Russell and Weber; PLC: 

500 Woodward, Suite 2500 

| 

500 Woodward, Suite 2500

EXHIBIT A 

Legal Description 

Commencing 

at a monument on the South -ine of Section 5, Town 1 South, Range 6 East, Northfield Township, 

Washtenaw County, Michigan, said monument being located Noithv 89” 59’ 337 East 668.40 feet from the South one- 

quarter of said Section and running thence North 0704" 33" East fo.a point 250 feet South of thie centerline of East Shore 

Drive for a point Beginning; thence North 07 04° 33" East 250 feet to the center 

line of East.Shore Drive; thence 

Northeasterly along the center 

line of East Shere Drive for a distance 

of 160 feet; thence South 0° 04° 35” West oa point 

which bears South 89° 55° 27° East from the Point of Beginning; thence North 89755 27° Wesito the Point 

of Beginning. 

Excepting therefrom any ‘Right-of-Way for. East Shore ‘Drive which may have been previously conveyed for road 

purposes. 

PARCEL IDENTIFICATION NO. B-02-85-400-004 

COMMONLY KNOWN AS: 254 East Shore Drive, Whitmore Lake, Ml 48189

RECEIVED 

ASSIGNMENT OF INTEREST 

a 

JUN 1 4 2024 

FOR: THE SUM OF SEVENTY. ONE THOUSAND EIGHT: HUNDRED, 

LOWNSHIP 

© 00/100 (571,300.08) DOLLARS; 

the receipt and sofficiency of which is hereby aciBWISI 

8 OFFICE 

William. A. Tummonds (*Assignor’™ hieceby sells, assigns -and transfers’ all of Assignor’s 

“Membership Interest in and to. D&E. Property Services, L.L.C., a Michigan limited liability 

company (“Company”), together with all other-vights 

and interests 

of Assignor in the Company, 

(collectively, with the Membership: Interests; the: “Assigned Interests”), to. Elizabeth Prast. 

(“Assigrice™) "and ‘hereby appoints. 

the Manager of the Company attorney to transfer said 

‘Assigned Interest on the books of the Company with full power of substitution in the premises: 

Assignor- hereby. represents -and 

‘ warrants to. Assignee ‘that’ Assignor:is transferring .to: 

Assignee, free and clear marketable title in aud: to the Assigned Taterests; subject-fo no liens, 

security interests, encumbrances, fights; claims or interests of any party whatsoever: 

The Assignor has executed this Assignment of Tnterest this 3g ~ day of August, 2020 

ASSIGNOR: 

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