HOUSE BILL No. 5088


     September 25, 2001, Introduced by Rep. Bradstreet and referred to the Committee on Regulatory Reform.


        A bill to authorize the department of natural resources to

   convey certain state owned property in Kalkaska county; to pre-

   scribe conditions for the conveyance; and to provide for disposi-

   tion of the revenue from the conveyance.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 1.  The department of natural resources, on behalf of

 2
      the state, may convey to the township of Clearwater, for consid-

 3
      eration of $1.00, property under the jurisdiction of the depart-

 4
      ment of natural resources and located in the township of

 5
      Clearwater, Kalkaska county, Michigan, and further described as

 6
      follows:

 7
           T 28 N, R 8 W, Sec. 9.  A metes and bounds

 8
           description in the NW 1/4 of SE 1/4, described as

 9
           follows:




   04877'01                                                 DRM                                   2

 1
           That part of the NW 1/4 SE 1/4 lying North of

 2
           Smith and Ricker's Addition to Rapid City, except

 3
           the right of way over a strip of land 2 rods wide

 4
           extending across the entire north side thereof for

 5
           a highway for public and private use and except a

 6
           parcel of land beginning 66 feet due North of the

 7
           Northwest corner of Lot 10, Block B of the afore-

 8
           said Addition to Rapid City, thence continuing due

 9
           North 99 feet, thence East 356 feet on a line par-

10
           allel with the North line of Water Street of the

11
           aforesaid Addition, thence due South 99 feet on

12
           the center line of First Street produced to the

13
           North line of Water Street, thence West 356 feet

14
           on the North line of Water Street to the point of

15
           beginning, and also except a parcel of land begin-

16
           ning at the intersection of the North line of

17
           Water Street and the center line of First Street

18
           of the aforesaid Addition, thence due North 99

19
           feet, thence East 363 feet on a line parallel with

20
           the North line of Water Street, thence due South

21
           99 feet to the North line of Water Street, thence

22
           West 363 feet on the North line of Water Street to

23
           the point of beginning.  (Located on Rapid River,

24
           15.37 acres, 1,452 feet of frontage)

25
           T 28 N, R 8 W, Sec.  9 - A metes and bounds

26
           description in the NE 1/4 of SW 1/4, described as

27
           follows:



   04877'01                                   3

 1
           Commencing at the corner (center) of Section 9,

 2
           running thence West on the East and West quarter

 3
           line of said Section 9, 23 rods more or less to a

 4
           point situated 133 feet East of the center line of

 5
           the main track of the Chicago, Petoskey Division

 6
           of the Pere Marquette Railroad, as now located

 7
           over and across Section 9; thence South 36 rods;

 8
           East to North and South quarter line of said

 9
           Section 9; thence North to place of beginning.

10
           (Located on Rapid River, 5.175 acres, 308 feet of

11
           frontage)

12
           Sec. 2.  The conveyance authorized by this act shall provide

13
      for all of the following:

14
           (a) The property shall be used exclusively for public recre-

15
      ational purposes and if any fee, term, or condition for the use

16
      of the property is imposed on members of the public, or if any of

17
      those fees, terms, or conditions are waived for use of this prop-

18
      erty, resident and nonresident members of the public shall be

19
      subject to the same fees, terms, conditions, and waivers.

20
           (b) Upon termination of the use described in subdivision (a)

21
      or use for any other purpose, the state may reenter and repossess

22
      the property, terminating the grantee's estate in the property.

23
           (c) If the grantee disputes the state's exercise of its

24
      right of reentry and fails to promptly deliver possession of the

25
      property to the state, the attorney general, on behalf of the

26
      state, may bring an action to quiet title to, and regain

27
      possession of, the property.



   04877'01                                   4

 1
           Sec. 3.  The conveyance authorized by this act shall be by

 2
      quitclaim deed approved by the attorney general and shall not

 3
      reserve mineral rights to the state.

 4
           Sec. 4.  The revenue received under this act shall be depos-

 5
      ited in the state treasury and credited to the general fund.














































   04877'01          Final page.                            DRM