HOUSE BILL No. 5140


     October 4, 2001, Introduced by Rep. Bovin and referred to the Committee on Regulatory Reform.


        A bill to authorize the department of natural resources to

   convey certain state owned property in Dickinson 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:

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

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      the state, may convey to the county of Dickinson, for considera-

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      tion of $1.00, property under the jurisdiction of the department

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      of natural resources and located in the township of Waucedah,

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      Dickinson county, Michigan, and further described as follows:

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           Town 39 North, Range 28 West, Section 30

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           That part of Government Lot 4 and the southwest one-quarter

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      of the northwest one-quarter (SW1/4 NW1/4), described as

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      follows:  assuming the section line or range line from the

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      one-quarter corner of Sections 25 and 30 to the section corners


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      of Sections 19, 24, 25, and 30 to be a due north course and

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      beginning at the meander corner on the south bank of lake, thence

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      due south for a distance of 136 feet to the northwest corner of

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      the southwest one-quarter of the northwest one-quarter (SW1/4

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      NW1/4), Section 30, thence due south 345.10 feet to a point on

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      the north right-of-way of county road, thence along the said

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      north right-of-way North 83ø42' East a distance of 197.66 feet,

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      thence around a 166.7 foot radius curve to the left a distance of

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      113.47 feet, thence North 44ø42' East a distance of 174.20 feet,

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      thence around a 247.18 feet radius curve to the right a distance

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      of 350.22 feet to the point of tangency of said curve, thence

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      North 41ø53' East along the west bank of the lake outlet a dis-

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      tance of 189.84 feet, thence North 44ø43' West along said west

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      bank of outlet a distance of 234.70 feet to bank of lake, thence

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      along the south bank of lake, South 42ø17' west a distance of

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      80.80 feet, thence South 69ø54' West a distance of 136.50 feet,

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      thence North 53ø53' west a distance of 100.60 feet, thence North

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      80ø16' west a distance of 197.70 feet, thence South 88ø10' West a

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      distance of 106.90 feet, thence South 77ø44' West a distance of

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      135.40 feet to the meander corner and point of beginning.

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

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      for all of the following:

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           (a) The property shall be used exclusively for recreational

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

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

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      fees, terms, or conditions are waived for use of this property,





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      resident and nonresident members of the public shall be subject

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

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

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      or use for any other purpose, the state may, at its option,

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      reenter and repossess the property, terminating the grantee's

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      estate in the property.

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

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      right of reentry and fails to promptly deliver possession of the

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

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      state, may bring an action to quiet title to, and regain posses-

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      sion of, the property.

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

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      quitclaim deed and shall reserve all of the following rights to

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      the state:

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           (a) The right to ingress and egress over and across the

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      property along any watercourse or stream, pursuant to part 5 of

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      the natural resources and environmental protection act, 1994 PA

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      451, MCL 324.501 to 324.511.

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           (b) The rights to all aboriginal antiquities, including

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      mounds, earthworks, forts, burial and village sites, mines, or

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      other relics.

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           (c) The right to explore and excavate for any aboriginal

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      antiquities or relics described in subdivision (b), by and

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      through employees or authorized agents of the state, pursuant to

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      part 761 of the natural resources and environmental protection

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      act, 1994 PA 451, MCL 324.76101 to 324.76118.





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           Sec. 4.  The conveyance authorized under this act is subject

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      to mining rights and mineral exceptions and reservations

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      contained in or referred to in former conveyances of the property

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      described in section 1, which may be of record.

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           Sec. 5.  The revenue received under this act shall be depos-

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      ited in the state treasury and credited to the game and fish pro-

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      tection fund created in section 43553 of the natural resources

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      and environmental protection act, 1994 PA 451, MCL 324.43553.








































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