Proof_of_Service with motion to dismiss.pdf

Township Of Marion, Petitioner V City Of Howell, Respondent · 24-003829-TT

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Motion To Dismiss 

Docket No.: 24-003829-TT 

Robert W Hanvey, Petitioner 

Vv. 

City of Howell, Respondent 

MOTION TO DISMISS 

The City of Howell (respondent) hereby moves this Honorable Tribunal to dismiss the above- 

captioned case on the grounds that the Petitioner is neither the owner nor lessee of the 

property in question. In support of this motion, Petitioner states as follows: 

1. 

The petitioner is not the owner of the property’s 17-01-200-004 or’ 17-01-200-005. The 

owner of the property is Marion Township, located in Livingston County, Michigan. See 

a copy of the deed which is attached as Exhibit A. 

MCL 211.7dd(a) defines an “owner” to include any of the following: 

1) 

A person who owns property or who is purchasing property under a land 

contract. 

2) 

A person who is a partial owner of property. 

(3) 

A person who owns property as a result of being a beneficiary of a will or 

trust or as a result of intestate succession. 

(4) 

A person who owns or is purchasing a dwelling on leased land. 

(5) 

A person holding a life lease in property previously sold or transferred to 

another. 

3. 

Petitioner is not the lessee of the property’s 17-01-200-004 or 17-01-200-005 

4. 

The Petitioner has no legal interest in or standing in the property in question. 

5. 

The Petitioner has no authority to file a petition regarding the property in question. 

WHEREFORE, The City of Howell (Respondent) respectfully requests that this Honorable 

Tribunal dismiss the above-captioned case with prejudice. 

Respectfully submitted,

as 

=o 

. 

. 

CL 

C——— 

LIV INGSTON COUNTY TREASURER’S CERTIFICATE 

I hereby certify that there are no TAX LIENS OR TITLES 

held by, the State or any individual against the within 

description, and all TAXES are same as paid for five years 

previous to {hezdate of this instrument or appear on the 

records, in thisseffice except as stated. 

| 

| 

{ 

I de 

Jennifer M. Nash, Treasurer 

2014 _ Taxes Ko 

Certificate LUI. 

WARRANTY DEED- 

Form) 

AFH 1D AVI IT 

C.L. 1948, 565.152 MLS.A. 26:3 571, 

2014R-034490 

RECORDED ON 

12/08/2014 11:00:06 AM 

SALLY REYNOLDS 

REGISTER OF DEEDS 

LIVINGSTON COUNTY, MI 48843 

RECORDING: 13.00 

REMON: 4.00 

PAGES: 2 

Furnished by EIT TITLE 

“4, 

KNOW ALL MEN BY THESIPRESENTS: That 

Marion Meadows LLC, A Michigan Limited Liability 

Company whose address is 

50555, Bontiac Trail, Wixom, MI 48393 

Convey(s) and Warrant(s) to Marion Tonship, A Michigan General Law Township 

whose address is 2877 W Coon Lake Roath} (Elowell, MI 48843 

% 

the following described premises 

: 

O 

QO 

Land in the City of Howell, Livingston County, State’q Oe to wit: 

SEE ATTACHED LEGAL DESCRIPTION 

© 

Commonly Known As: Lucy Road 

% 

Tax Number: 4717-01-200-004 

JN 

for the full consideration of 

See Attached Transfer Tax Valuation Affidavit 

subject to easements, restrictions or reservations of record. 

Dated this 24th 

day of 

November, 2014 

Signed and Sealed: 

Marion Meadow 

, A Michigan Limited Liability Company 

(LS)

Land in the City of Howell, Livingston County, State of Michigan, to wit: 

A parcel@pland in the Northeast Fractional ¥ of Section 1, Town 2 North, Range 4 East, Marion Township, 

Livingstor“County, State of Michigan, more particularly described.by Darrell Hughes, Michigan Registered 

Land SurveyorNo. 19834, as beginning at a point, said point being the intersection of the Northerly 

right-of-way line’of the CSX Transportation Railroad (99 feet wide) with the East line of Section 1, being also 

the centerline ofClicy Road, said point being distant North 00 degrees 52 minutes 04 seconds West 628.14 

feet, along the Edstline of Section 

1 and the centerline of Lucy Road, from the East ¥% corner of Section 

1; 

proceeding thence. ({fom said’ point of beginning, North 56 degrees 32 minutes 34 seconds West 1986.91 feet, 

along said Northerly railroad right-of-way (recorded as North 54 degrees 33 minutes 09 seconds West 

1826.51 feet; thence ong curve 

to the right, whose radius us 26371.21 feet, central angle of 00 degrees 16 

minutes 46 seconds, chord bearing and a distance of North 55 degrees 01 minutes 04 seconds West 128.63 

feet), thence North 00 degréds. 51 minutes 13 seconds West 1606.70 feet (recorded as North 00 degrees 53 

minutes 50 seconds East 1626739 feet), along the East line of the East 12.75 acres of the West 32 acres of 

the Northeast Fractional % of Section 1, as fenced and occupied in May of 1953;; thence North 88 degrees 08 

minutes 33 seconds East 322.54%g®t (recorded as South 89 degrees 52 minutes 11 seconds East 306.39 

feet); thence South 00 degrees 52°minutes 09 seconds East 203.60 feet (recorded as South 00 degrees 10 

minutes 16 seconds West 204.69 fed) sthence North 89 degrees 05 minutes 19 seconds East 164.16 feet 

(recorded as South 89 degrees 00 mintifes 51 seconds East 158.34 feet); thence South 00 degrees 52 

minutes 09 seconds East 90.00 feet (recdrded as South 01 degrees 09 minutes 09 seconds West 90.00 feet); 

thence North 89 degrees 05 minutes 19 seconds East 135.45 feet (recorded as South 89 degrees 00 minutes 

30 seconds East 135.51 feet); thence South Q0idegrees 51 minutes 41 seconds East 543.58 feet (recorded 

"as South 01 degrees 08 minutes 52 seconds West 543.43 feet; along the Westerly line of National Street 

(so-called), a 66 feet wide easement and right-of20ay for ingress, egress and public utilities as recorded in 

Liber 1260, Page 786, Livingston County Records! thence South 89 degrees 08 minutes 19 seconds West 

208.70 feet (recorded as North 88 degrees 52 minutega1 seconds West 209.28 feet); thence South 00 

degrees 51 minutes 41 seconds East 208.70 feet (recorded as South 01 degrees 07 minutes 29 seconds 

West 208.70 feet); thence North 89 degrees 08 minuteST9_seconds East 208.70 feet (recorded as South 88 

degrees 52 minutes 31 seconds East 209.19 feet); thenceorth 00 degrees 51 minutes 41 seconds West 

208.70 feet (recorded as North 01 degrees 08 minutes 52 seconds East 208.70 feet), along the Westerly line 

of said National Street easement; thence North 89 degrees 08mjnutes 19 seconds East 66.00 feet (recorded 

as South 88 degrees 51 minutes 08 seconds East 66.00 feet); therfice 

North 00 degrees 51 minutes 41 

seconds West 57.05 feet (recorded as North 01 degrees 08 minutes 52 seconds East 25.15 feet); thence 

North 89 degrees 01 minutes 42 seconds East 952.47 ‘feet (recorded as North 89 degrees 06 minutes 39 

seconds East 953.00 feet) to a point on the East line of Section 

1 and the centerline of Lucy Road, said point 

being distant South 00 degrees 52 minutes 04 seconds East 950.30 feet (recorded as South 01 degrees 07 

minutes 29 seconds West 950.00 feet), along the East line of Section 

1 and the centerline of Lucy Road from 

the Northeast corner of Section 1; thence, from said point, South 00 degrees 52 minutes 04 seconds East 

420.54 feet (recorded as South 01 degrees 07 minutes 29 seconds West 420.80 feet) along the East line of 

Section 

1 and the centerline of Lucy Road; thence South 88 degrees 48 minutes 56 seconds West 282.00 

feet; thence South 00 degrees 52 minutes 04 seconds East 160.00 feet; thence North 88 degrees 49 minutes 

56 seconds East 282.00 feet; thence South 00 degrees 52 minutes 04 seconds East 1383.93 feet along the 

East line of Section 

1 and the centerline of Lucy Road, to the point of beginning. Subject to the rights of the 

public over that part used for Lucy Road. 

Subject to the Southerly 208.70 feet of a 66 foot wide ingress, 

egress and public utility easement (National Street, so called) as recorded in Liber 1260, Page 786, Livingston 

County Records. 

Further subject to easements and right of ways of record. 

i 

STATE OF MICHIGAN 

COUNTY OF 

LIVINGSTON 

SS. 

On this 

24th 

day of 

November, 2014 

before me personally 

ed: 

[PS ~N 

Sed ps een 

5 

as 

ManayiNg 

Meme eid 

of 

Marion 

Meadows, 

LIC, 

A Michigag 

Limited 

Liability 

Company 

who did provide proof of their identity; 

to me known to 

bg 

the 

person(s) described 

in and who executed the 

foregoing instrument and acknowledged that he/she/they executed the same as bi /her/their free act and deed. 

Jeffrey A Smith, Notary Public 

Livingston County, State of Michigan 

My Commission Expires: 1/20/19

oo 

Ju 

| 

Tx:6005648 

; 

2010R-020873 

AD 

RECORDED ON 

07/30/2010 11:27:31 AM 

P 

SALLY REYNOLDS 

Qe, 

REGISTER OF DEEDS 

2 

LIVINGSTON COUNTY, MI 48843 

RECORDING: 13.00 

On 

REMON: 4.00 

2 

EA 

Affidavit of Interest in Real Property 

PAGES: 2 

COUNTY OF LIVINGSTON ) 

) SS. 

STATE OF MICHIGAN: 

) 

ROBERT W. HANVEY, BEING FIRST DULY SWORN, DEPOSES AND SAYS AS 

FOLLOWS: 

DN 

The purpose of this document Eto provide notice of special assessments 

levied against property by Maridh)Fownship, Livingston County Michigan for 

sewer and water service on the réal 

property described herein and denoted 

in the records of this County as Parcel 717- -01-200-005. 

An assessment of $124,000.00 for watergservice was levied in 1995 to be paid 

in twenty equal annual principal installments, of $6,200.00 per year plus 

interest on the remaining balance at 7. 000 percent. 

An assessment of $824,850.00 for sewer service was levied in 1999 to be 

paid in twenty equal annual principal installments of $41,242.50 per year 

plus interest on the remaining balance at 5.993 percent. 

Parcel number and legal description on original special assessment rolls 

Parcel number: 4710-01-200-002 

Legal Description: 

SEC. 

1 T2N, R4E, BEG E 1/4 COR, TH S85*51'02"W 1567 FT, TH 

NO1*19'11"E 1661.98 FT TO S LI CHESAPEAKE & OHIO RR, TH S54*33'09"E

Parcel number: 4710-01-200-022 

Legal Description: 

ON 

SEQ1T2N R4E BEG AT POINT E LINE SEC 

1 AND C/L LUCY RD N0*52'04"W 

122. 8LFT FR E 1/4 COR, TH THE FOLLOWING 10 COURSES ALG N'LY LINE 

OF 86 WIDE ROAD S89*11'49"W 233.96 FT, TH ALG CURVE RIGHT CH 

BEARING JN81*38"52"W 177.25 FT, TH N72%29'33"W 204.63 FT, TH ALG 

CURVE RIGHT CH BEARING N63*51" 47"W 167.15 FT, TH N55*%14'00"W 

1245.73 FT) TH ALG CURVE RIGHT CH BEARING N35*00'30"W 212.26 FT, 

TH N14*47' 01, \, 388.87 FT, TH ALG CURVE LEFT CH BEARING 

N36*08'33"W 288,27 FT, TH N57*30'05"W 362.76 FT, TH ALG CURVE LEFT 

CH BEARING N68¥59' 33"W 156.58 FT, TH NOO*45'54"W 244.39 FT, TH 

S50*20'16"E 133. 08%T, TH S55*07'16"E 1039.23 FT, TH S57*05'29"E 

1979.89 FT, TH 500752" 04"E 389.60 FT TO POB. 

CONT. 31.962 AC. 

SPLIT 

09/03 FR 001 & 002 INTQ 022 & 023 

In 2005 the property was transferred into the jurisdiction of the City of 

Howell by authority of an Act 425 of 1984 agreement between Marion 

Township and the City of Howelfjapproved January 19, 1987 and an 

“Agreement Regarding Land Trangfer” dated July 20, 2005 between Howell 

Industrial Center, LLC (the owner “&t the time of transfer) and the City of 

Howell. As a result of the transfer a‘rew parcel number was assigned. 

Parcel number: 

4717-01-200-005. 

O 

The special assessments were unchanged a result of the change in 

jurisdiction. 

Vi lsbeduiblcrnnee, 

Abra Nah 

Robert W. Hanvey 

[J 

Witness 

Marion Township Supervisor 

Subscribed and sworn to before me 

ag 

y L. Beal, Notary Public 

this 

21 

day of July, 2010. 

Sp 

tian Sou of Lhingeton 

9 

Jaman 

¥. 

Px al 

Acting in the County Ling Sen 

NOTARY PUBLIC

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Robert W Hanvy 

, 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

v 

MTT Docket No.24-003829 

City of Howell 

A 

Respondent(s) 

PROOF OF SERVICE 

City of Howell 

states that on 1/28/2025 

he/she 

[Name of person serving/mailing petition] 

[date of service] 

served a copy of the Motion to Dismiss 

relative to the above-captioned matter upon: 

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

Robert Hanvey 

2877 W. Coon Lake Rd 

Howell, MI 48843 

- 

— 

= 

[Signature of person who is serving/mailing copy] 

Peter Augostino (City of Howell Respondent) 

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

2 

US POSTAGEM

Ar——

a A 

Ri 5 ri 

00

0006158010 

2 

City of Howell 

Howell, 611 E. Grand River Ave. 

“oy Dayban ntl: Hoel, Michigan 48843 

FIRST-CLASS

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