2018-07-19 / Public Notices

Public Notices For Leelanau County

Public Notice

State Of Michigan County of Leelanau Notice To Creditors Decedent’s Trust

In the matter Kathleen P. Beaudry Trust Date of Birth: January 14, 1936

TO ALL CREDITORS:*

NOTICE TO CREDITORS: The Settlor, Kathleen P. Beaudry, who lived at 13890 N. Forest Beach Shores, Northport, MI died May 8, 2018. There is no personal representative of the Settlor’s estate to whom Letters of Authority have been issued. Creditors of the decedent are notified that all claims agaisnt the Kathleen P. Beaudry Trust, As Amended, will be forever barred unless presented to Donald A. Beaudry, Trustee, c/o W. Peter Doren, 310 W. Front Street, Suite 300, Traverse City, MI 49684 within 4 months after the date of publication of this notice.

July 19, 2018
Donald A. Beaudry
13890 N. Forest Beach Shores
Northport, MI 49670
231-386-5675
Sondee, Racine & Doren PLC
W. Peter Doren P23637
310 W. Front St., Ste. 300
Traverse City, MI 49684
(231) 947-0400

Public Notice

Leelanau Montessori Public School Academy Seeking Construction Bid Proposals For PARTIAL REMODELING of AN EXISTING BUILDING

The Leelanau Montessori Public School Academy (LMPSA) is seeking construction bid proposals for remodeling of a structure located at:

2401 Duck Lake Road, Lake Leelanau, Michigan 49653

(Building currently known as the Connie Binsfeld Building)

The form of construction will be of construction management type.

Consideration will be given to contractors bidding two or more categories.

The following Categories will be out for bid:

Division 02 - Selective Demolition

Division 03 - Concrete

Division 04 - Masonry

Division 05 - Metals

Division 06 - Wood and Plastics

Division 07 - Thermal and Moisture Protection

Division 08 - Doors, Windows and Skylights

Division 09 - Finishes

Division 15 - Mechanical

Division 16 - Electrical

A mandatory walk through will be conducted on July 19, 2018 at 10am.

Owner’s representatives will be on site to answer questions. Plans and specification will be available for review and purchase. Purchase price of $25.00 per set will be refundable upon return of usable copies.

For more information contact Bill Fuller, Architect: fullerarchitect@yahoo.com

Public Notice

Default has been made in the conditions of a mortgage made by Andrew LaPointe and Tammie LaPointe, husband and wife, to First Community Bank, Mortgagee, dated October 4, 2002 and recorded October 14, 2002 in Liber 673, Page 899 Leelanau County Records, Michigan. Said mortgage is now held by U.S. Bank National Association, by assignment. There is claimed to be due at the date hereof the sum of Three Hundred Nineteen Thousand Four Hundred Four and 7/100 Dollars ($319,404.07), including interest at 6% per annum.

Under the power of sale contained in said mortgage and the statute in such case made and provided, notice is hereby given that said mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public vendue at the place of holding the circuit court within Leelanau County, Michigan at 1:00 PM on SEPTEMBER 5, 2018.

Said premises are located in the Township of Solon, Leelanau County Michigan, and are described as:

Commencing at the Northeast corner of said Section 22; thence North 89°59’00” West, 1677.47 feet along the North line of said Section 22 to the Point of Beginning; thence continuing North 89°59’00” West, 194.99 feet along said North line of Section 22; thence South 00°56’47” West, 835.10 feet; thence South 82°34’01” East, 476.41 feet to a point on the centerline of a 66 foot wide easement; thence North 22°59’01” East, 175.00 feet along said easement centerline; thence North 82°33’36” West, 346.21 feet; thence North 00°56’26” East, 690.72 feet to the Point of Beginning. Together with and subject to a non-exclusive easement for Ingress and egress and the installation and maintenance of public utilities as recorded in Liber 3 of Surveys, pages 244 and 245 and as amended in Liber 3 of Surveys, page 284.

The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCLA §600.3241a, in which case the redemption period shall be 30 days from the date of such sale.

If the property is sold at foreclosure sale, pursuant to MCL 600.3278, the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damage to the property during the redemption period.

Dated: July 19, 2018
File No. 18-009047
Firm Name: Orlans PC
(07-19)(08-09)

Michigan law requires local governments to inform their citizenry through public notices published in newspapers of record for their communities. These notices provide residents with an easy path for following the work of their elected officials. Public notices for Leelanau County can also be accessed online at Leelanaunews.com.

Notices that can be found in Section Two of this week’s Leelanau Enterprise include:

 Elmwood Township board meeting synopsis for July 9.

 Leelanau Township board meeting synopsis for July 10.

 Empire Township board meeting synopsis for July 10.

 Leland Township board meeting synopsis for July 9.

 Empire Township adopted ordinance 01-2018, an Ordinance addressing floodplain management provisions.

 Leland Township planning commission will hold a public hearing Aug. 8 at 7 p.m. Roger and Elaine Rodiek request a Site Plan Review and Special Land Use Permit to repurpose a portion of their residence into a Bed & Breakfast.

Public Notice

Notice of Foreclosure by Advertisement ATTN PURCHASERS: This sale may be rescinded by the foreclosing mortgagee for any reason. In that event, your damages, if any, shall be limited solely to the return of the bid amount tendered at sale, plus interest, and the purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s attorney. Notice is hereby given that the below mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public auction at the place of holding the Circuit Court of Leelanau County at 1:00pm on August 15, 2018. Name(s) of the mortgagor(s): Michael N. Kane, an Unmarried Man Original Mortgagee: Option One Mortgage Corporation Foreclosing Assignee (if any): Wells Fargo Bank, N.A., as Trustee for MASTR Asset Backed Securities Trust 2003-OPT2, Mortgage Pass-Through Certificates, Series 2003-OPT2 Date of Mortgage: December 23, 2002 Date of Mortgage Recording: December 26, 2002 Amount claimed due on mortgage on the date of notice: $514,196.78 Description of the mortgaged premises: Situated in the Township of Leelanau, Leelanau County, Michigan, and are described as: Parcel 1 Part Of Lot 6 Section 25, Town 32 North, Range 11 West, Leelanau Township, Leelanau County, Michigan, Described As Follows: Beginning At A Point Which Is 66 Feet North 68 degrees 40 Minutes East, From The Northeast Corner Of Lot 45, In The Plat Of Paradesia, This Point Being The Northeast Corner Of The Lot Conveyed To Horace T. Thomas And Blanche E. Thomas, His Wife, On January 30, 1925, And Recorded In Deed Record 51, Page 112; Thence North 68 degrees 40 Minutes East, A Distance Of 130 Feet; Thence In A Southerly Direction To The South Line Of Lot C, Shown In Plat Of Record; Thence In A Westerly Direction A Distance Of 99 Feet Following The South Line Of Said Lot C To A Point, Which Is 66 Feet, More Or Less From The Southeast Corner Of Said Lot 45 And Being The Southeast Corner Of Lot Conveyed To Said Horace T. Thomas And Blanche E. Thomas, His Wife; Thence North 21 degrees 20 Minutes West, Along The East Line Of Said Lot Conveyed To Said Horace T. Thomas And Blanche E. Thomas, His Wife, To The Place Of Beginning. Parcel 2 A part of Government Lot 6 in Section 25, Town 32 North, Range 11 West, Leelanau Township, Leelanau County, Michigan, described as follows: Definitions: “Line A” is described as a line 66 feet East and parallel with the Easterly lot line of Lot 45 of Paradesia Addition to Northport Point, Leelanau Township, Leelanau County, Michigan, according to the recorded plat thereof, produced Northerly, being the Westerly line of premises formerly owned by Clarence C. Carlton of Lansing, Michigan, produced Northerly. “Line B” is described as a line running between “Point One” and “Point Two” and produced in a Northerly direction, being the Easterly line of premises formerly owned by Clarence C. Carlton of Lansing, Michigan, produced Northerly. “Point One” is described as a point in the South line of Lot C of said Paradesia Addition at a distance of 165 feet measured Easterly from the Southeast corner of Lot 45 of said Paradesia Addition to Northport Point. “Point Two” is described as a point in the Northerly boundary line of said Lot C at a distance of 196 feet measured Easterly from the Northeast corner of said Lot 45 of said Paradesia Addition to Northport Point. Commencing at a point on Line A 33 feet North of the Northerly line of said Lot C, being a point in the centerline of the highway shown on the recorded Plat of said Paradesia Addition; Thence Northerly along said Line A to a point where said Line A intersects the Southerly boundary line of premises deeded by the Northport Point Resort Association to the County of, Leelanau, Michigan, for highway purposes, on November 5, 1929; Thence Easterly along said Southern boundary line to a point in said Southern boundary, line; where said line B intersects said Southerly Boundary line; Thence Southerly on said Line B to a point 33 feet North of the Northerly boundary line of said Lot C, being a point in the centerline of a highway shown on the recorded Plat of said Paradesia Addition to Northport Point; Thence Westerly along the centerline of said highway to Place of Beginning. The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCL 600.3241a, in which case the redemption period shall be 30 days from the date of such sale, or upon the expiration of the notice required by MCL 600.3241a(c), whichever is later; or unless MCL 600.3240(16) applies. If the property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, under MCL 600.3278, the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period. This notice is from a debt collector. Date of notice: 07/12/2018 Potestivo & Associates, P.C. 108225 (07-12)(08-02)

Elmwood Township Notice To The Public

The Township Board of the Charter Township of Elmwood held a regular meeting on July 9, 2018. The complete minutes of the meeting may be viewed online at leelanau.cc/elmwoodtwp.asp or at the township office during normal business hours. The meetings may be viewed on Govt. TV channel 191 or online at www.upnorthmedia.org.

Leelanau Township Board Meeting

Tuesday, July 10, 2018 7:00 pm Leelanau Township Hall 119 E. Nagonaba St. Northport, MI 49670

Clerk Van Pelt called the meeting to order at 7:00 pm.

Board members present: Deb Van Pelt, Denise Dunn, Gary Fredrickson, and Galen Leighton. Seven citizens and three staff members were present.

Agenda set as presented.

Public Comment was heard from Mary Tonneberger and Don Frerichs on the Senior Services millage to be on the August 7, 2018 Primary Election ballot.

Approved minutes of June 12, 2018 Regular Board Meeting as amended.

Approved the current bills in the amount of $33,452.12 as presented.

Heard a presentation from John McCallum and Garth Barrett on a Lot split at Cherry Homes. Board approved the split with conditions.

Reports were heard from Sam Wigton, Leelanau County Sheriff Department; Hugh Cook, Leelanau County Emergency Services; Ben Purdy, Facility Manager and Galen Leighton, Planning Commission.

Motion failed authorizing the Supervisor to sign on a letter to Representative Bergman for support to go ahead with the Congressional bill of reference for the Grand Traverse Band of Ottawa and Chippewa Indians, tribes seeking financial compensation from the U.S. Federal Claims arising from illegal dispossession of lands reserved in the July 31, 1855 Treaty of Detroit.

Tabled the decision on the Bay to Braman Bolt by Sawyer Scott until further information is received.

Approved a quote from Lighthouse Electrical Services, LLC for all new LED lighting at the Northport Fire Station in an amount not to exceed $8,605.00.

Approved a request from the 2018 Cherry Roubaix bike race/tour event for the township to submit an application to the Leelanau County Road Commission for road use.

Discussed the board approval to continue looking into vendors for a new ambulance and discussed funding. Cook discussed Family Medical Leave Act Inquiry.

Public Comment was heard from Don Frerichs thanking board for support on getting shoulders toward lighthouse paved for bikes. Betsy Mallek encouraged board to hold Special Board meeting. She talked about an upcoming Northport/Leelanau Township Utility Association Board meeting and that her rate increase was put on her bill way before it should have been.

Correspondence andAnnouncements Van Pelt announced the Special Board Meeting with a Public Hearing for Tuesday, July 17, 2018, 7:00p.m. at the Northport Fire Station, 100 E. Eighth St., Northport, MI 49670.

Meeting adjourned 8:36p.m.

Complete copies of the approved minutes are available at the Leelanau Township Office, 119 E. Nagonaba St., Northport, MI 49670 during regular business hours or on the Township website.

Deb Van Pelt, Leelanau Township Clerk

Public Notice

Notice of Foreclosure by Advertisement

NOTICE is hereby given pursuant to MCL 600.3212, that the following will be foreclosed by a sale of the mortgaged premises, or some part of them, at public auction at the place of holding the circuit court within Leelanau County, at 1:00 PM, on September 5, 2018:

Name(s) of the mortgagor(s): Cynthia A Hall, a married woman and Jeffrey T. Hall, AKA Jeffrey Hall, married

Original Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for lender and lender’s successors and/or assigns

Foreclosing Assignee (if any): The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificate holders CWALT, Inc. Alternative Loan Trust 2005-46CB Mortgage Pass- Through Certificates, Series 2005-46CB

Date of Mortgage: August 10, 2005

Date of Mortgage Recording: August 30, 2005

Amount claimed due on date of notice: $257,594.35

Description of the mortgaged premises: Situated in Village of Empire, Leelanau County, Michigan, and described as: Lot 12, Block 3, Village of Empire, According to the recorded plat thereof

The redemption period shall be 6 months from the date of such sale, unless determined abandoned in accordance with MCLA 600.3241a; or, if the subject real property is used for agricultural purposes as defined by MCL 600.3240(16).

If the property is sold at foreclosure sale under Chapter 32 of the Revised Judicature Act of 1961, pursuant to MCL 600.3278 the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period.

This notice is from a debt collector.

Date of notice: July 19, 2018

Trott Law, P.C. 1356348 (07-19)(08-09)

Public Notice

Schneiderman & Sherman, P.C., is attempting to collect a debt, any information obtained will be used for that purpose. MORTGAGE SALE –Gary R. Hirs, unmarried, granted a mortgage to The Huntington National Bank, Mortgagee, dated May 16, 2006, and recorded on June 16, 2006, in Liber 904, on Page 952, Leelanau County Records, Michigan, on which mortgage there is claimed to be due at the date hereof the sum of Ninety-Six Thousand Nine Hundred Ninety Dollars and Thirty- Two Cents ($96,990.32). Under the power of sale contained in said mortgage and the statute in such case made and provided, notice is hereby given that said mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, at public vendue, at the Leelanau County Courthouse, 8527 E. Government Center Drive, Suttons Bay, MI 49682 at 1:00 PM o’clock, on August 15, 2018 Said premises are located in Leelanau County, Michigan and are described as: The Easterly 330 feet of the Northwest quarter of the Northwest quarter of Section 27, Town 29 North, Range 13 West. The redemption period shall be 6 months from the date of such sale, unless abandoned under MCL 600.3241, in which case the redemption period shall be 1 month, or under MCL 600.3241a 30 days from the date of such sale, or 15 days from the MCL 600.3241a(b) notice, whichever is later, or extinguished pursuant to MCL 600.3238. If the above referenced property is sold at a foreclosure sale under Chapter 32 of Act 236 of 1961, under MCL 600.3278, the borrower will be held responsible to the person who buys the property at the mortgage foreclosure sale or to the mortgage holder for damaging the property during the redemption period. The Huntington National Bank Mortgagee/Assignee Schneiderman & Sherman, P.C. 23938 Research Drive, Suite 300 Farmington Hills, MI 48335 1355253 (07-05)(07-26)

Empire Township Public Notice

At the regular July 10, 2018 meeting of the Empire Township Board the Board adopted Ordinance No. 01-2018, an Ordinance addressing floodplain management provisions. The Ordinance in its entirety is as follows:

EMPIRE TOWNSHIP

Leelanau County, Michigan

ORDINANCE No. 01-2018

ORDINANCE ADDRESSING FLOODPLAIN MANAGEMENT PROVISIONS OF THE STATE CONSTRUCTION CODE

An Ordinance to designate an enforcing agency to discharge the responsibility of the Township of Empire located in Leelanau County, and to designate regulated flood hazard areas under the provisions of the State Construction Code Act, Act No. 230 of the Public Acts of 1972, as amended.

EMPIRE TOWNSHIP HEREBY ORDAINS:

Section 1. AGENCY DESIGNATED. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Official/Inspector of the Leelanau County Construction Code Authority is hereby designated as the enforcing agency to discharge the responsibility of the Township of Empire under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The Building Official/ Inspector of the Leelanau County Construction Code Authority assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this ordinance.

Section 2. CODE APPENDIX ENFORCED. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the community adopting this ordinance.

Section 3. DESIGNATION OF REGULATED FLOOD PRONE HAZARD AREAS. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled “Flood Insurance Study, Leelanau County, Michigan” and dated August 28, 2018 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26089 CIND0A, C0430D, C0435D, AND C0450D dated August 28, 2018 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code.

Section 4. REPEALS. All ordinances inconsistent with the provisions of this ordinance are hereby repealed.

Section 5. PUBLICATION. This ordinance shall be effective after legal publication and in accordance with the provisions of the Act governing same.

Adopted this 10th day of July, 2018.

This ordinance duly adopted on July 10, 2018 at a regular meeting of the Empire Township Board and will become effective on July 20, 2018.

Signed on July 10, 2018 by Christine M. Neiswonger, Empire Township Clerk

Attested on July 10, 2018 by Carl F. Noonan, Empire Township Supervisor

Christine M. Neiswonger

Empire Township Clerk

231-326-5349

Empire Township Board Minutes

The following is a synopsis of the July 10, 2018 regular meeting of the Empire Township Board. A complete copy of the minutes may be obtained by contacting the Clerk at 231-326-5349.

Supervisor Noonan called the meeting to order at 7:30 p.m. Members present: Neiswonger, Price, and Deegan. Absent: Deering. Minutes of the 06-12- 18 regular meeting and 06-27-18 special meeting were approved.

Actions approved by motions: 1) Adopted Ordinance 01-2018, which addresses Floodplain Management Provisions of the State Construction Code and designates the Leelanau County Construction Code Authority as the enforcing agency for Empire Township. 2) Adopted Resolution 03-2018, a Michigan Community and Intergovernmental Agreement that manages floodplain development and designates the Leelanau County Construction Code Authority as the enforcing agency for Empire Township. 3) Paid monthly bills. 4) Amended the FY 2018/2019 budget.

In other business the board was informed that the Supervisor just heard back from Kent Wiejaczka regarding his review of the fire station. Kent explained that an evaluation would be a very involved process as no plans exist for the structure and as such, each segment of the building would have to be evaluated by an engineer, from the foundation upwards, to determine the stability of the structure and whether it could be brought up to code. After Kent discussed the issue with Boone Harriger, it is the opinion of these builders that the challenges involved to bring the current building up to code, as well as enlarge it in the process, would be cost prohibitive. Board discussed construction codes, OSHA standards, the limited area at the existing station for needed expansion requirements, and whether the renovation and construction of two buildings and the maintenance of two stations, as well as the increased cost of staffing, would be economically feasible for Empire Township. Board determined that it was time to hire an engineer to evaluate the estimated costs to bring the current structure up to code while enlarging its’ capacity in addition to constructing an additional station in the township. Additionally, the board would require an estimated cost for the construction of one larger station in the township. It was discussed that the board would then have needed information in order to make a possible decision regarding location of a station(s) and possible property purchase. Supervisor Noonan will begin the process by contacting engineering firms.

Meeting was adjourned at 8:21 p.m.

Christine M. Neiswonger, Clerk

Public Hearing

Northern Lakes Community Mental Health Authority (NLCMHA) will be holding a public hearing to seek community input on:

• FY 19 Budget and Plan

• Local mental health needs and priorities

• Recommendations to improve NLCMHA services and supports

• Future need and direction

Thursday, July 26, First Floor, Room 124B, Traverse City, 9:00 am to 11:00 am, 105 Hall Street, Traverse City Office.

Thursday, July 26, Greg Paffhouse Multi-Purpose Room, 1:00 pm to 3:00 pm, 527 Cobb Street, Cadillac Office.

We encourage all those who are interested to attend and share your ideas. Written testimony may be sent to Karl V. Kovacs, CEO, Northern Lakes Community Mental Health Authority, 105 Hall Street, Suite A, Traverse City, Michigan 49684.

If you have questions or need special accommodations to attend and/or participate please call 231-935-3677.

Leland Township Planning Commission Notice To The Public

Public Hearing

Wednesday, August 8, 2018 - 7 p.m.

Leland Township Office, 123 N. St. Joseph St., Lake Leelanau, MI

Roger and Elaine Rodiek request a Site Plan Review and Special Land Use Permit to repurpose a portion of their residence into a Bed & Breakfast, in conformance with Zoning Ordinance Articles 6, Site Plan Review, 7, Special Land Uses, 10.01, Agricultural Conservation, and Article 16.05, Bed & Breakfast. Tax ID 45-009-013-005-00. This parcel is located at 1461 N. Eagle Highway; Lake Leelanau, Section 13, T30N, R12W, Leelanau County, Michigan.

To review the application, call or visit the Leland Township Office, 123 N. St. Joseph St., Lake Leelanau (231-360- 2557), between 10:30 a.m. and 4 p.m. Monday through Friday. To submit comments before the hearings, write Leland Township PC, P.O. Box 238, Lake Leelanau, MI 49653; fax (231) 256- 2465; or email tim@allpermits.com.

Timothy A. Cypher, Leland Township Zoning Administrator

Leland Township Board Meeting

July 9, 2018—7:00 p.m.

Leland Township Library Munnecke Room, 203 E. Cedar St., Leland, MI

The meeting was called to order by Supervisor Susan Och, with Clerk Lisa Brookfield, Treasurer Shirley Garthe, Trustee Tony Borden, Trustee Michael Collins and 14 guests present. The agenda was approved. Minutes were approved for the June 8, 2018 Special Meeting and June 11, 2018 Meeting. The Treasurer’s Report was approved. The following board actions were taken:

• Approve request from Bob McClain for the Cherry Roubaix to use County roads in Leland Township, August 4, 2018 and authorize the clerk to submit a permit application.

• Approve Lake Leelanau Street Fair on September 15, 2018 and allow the Clerk to apply for permit to close Main Street and Meinrad Street from 8:00 am to 9:00 pm.

• Discussion of Sunset Shores Special Assessment District and possible Eminent Domain Suit against Marie Korson for easement. The board decided to continue with negotiations.

• Floodplain Management Ordinance and Resolution R-18-17 were unanimously approved by Roll Call.

• Approved Application for appointments to Boards & Commissions

Board comment and public comment were heard. The meeting was adjourned at 9:45 p.m. Minutes are on file at the Leland Township Office, 123 N. St. Joseph St., Lake Leelanau, and on the township Web site at www.leelanau.cc/ lelandtwp.asp.

Lisa Brookfield, Leland Township Clerk

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