HB-6101, As Passed Senate, December 2, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6101
A bill to authorize the state administrative board to convey
certain parcels of state owned property in Branch county and
Berrien county; to prescribe conditions for the conveyances; and
to provide for disposition of the revenue from the conveyances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) The state administrative board, on behalf of
2 the state, may convey to the township of Coldwater, in Branch
3 county, for consideration of $1.00, certain state owned property
4 that is currently under the jurisdiction of the department of
5 corrections and is adjacent to a parcel of property previously
6 conveyed by the state to the township of Coldwater, and is
7 located in Branch county, Michigan, and more particularly
8 described as:
9 Land in Coldwater Township, Branch County, Michigan.
10 Land in the Southwest quarter of Section 10, Town 6 South,
1 Range 6 West, Coldwater Township, Branch County, Michigan and
2 described as beginning at a point on the West line of said
3 Section 10 located North 00° 46' 35" est 1295.64 feet from the
4 Southwest corner of said Section 10; and running thence from this
5 point of beginning North 89° 59' 49" East 379.40 feet; thence
6 South 00° 46' 35" East 444.00 feet; thence North 89° 59' 49" East
7 263.32 feet; thence North 00° 46' 35" West 463.61 feet; thence
8 North 54° 19' 36" West 343.57 feet; thence South 89° 59' 49" West
9 366.34 feet, to the West line of said Section 10; and thence
10 South 00° 46' 35" East 220.00 feet, along said Section line and
11 along Marshall Road to the point of beginning. Containing 5.3
12 acres of land.
13 (2) The description of the parcel in subsection (1) is
14 approximate and for purposes of the conveyance is subject to
15 adjustment as the state administrative board or attorney general
16 considers necessary by survey or other legal description.
17 (3) The conveyance authorized by subsection (1) shall
18 provide for all of the following:
19 (a) The property shall be used exclusively for public
20 recreational purposes and if any fee, term, or condition for the
21 use of the property is imposed on members of the public, or if
22 any of those fees, terms, or conditions are waived for use of
23 this property, resident and nonresident members of the public
24 shall be subject to the same fees, terms, conditions, and
25 waivers.
26 (b) Upon termination of the public purpose use described in
27 subdivision (a) or in the event of use for any nonpublic purpose,
1 the state may reenter and repossess the property, terminating the
2 grantee's estate in the property.
3 (c) If the grantee disputes the state's exercise of its right
4 of reentry and fails to promptly deliver possession of the
5 property to the state, the attorney general, on behalf of the
6 state, may bring an action to quiet title to, and regain
7 possession of, the property.
8 (4) The conveyance authorized by subsection (1) shall be by
9 quitclaim deed approved by the attorney general and shall reserve
10 mineral rights to the state. The quitclaim deed shall include
11 the requirement that the grantee, not later than June 1, 2005,
12 shall install a 6-foot-tall chain-link fence that separates the
13 property conveyed under this section and the adjacent parcel of
14 property previously conveyed by the state to the township of
15 Coldwater from the property remaining under the jurisdiction of
16 the department of corrections.
17 (5) The revenue received under this section shall be
18 deposited in the state treasury and credited to the general
19 fund.
20 Sec. 2. (1) The state administrative board, on behalf of
21 the state, may convey to the city of Niles, in Berrien county,
22 for not less than fair market value plus a fee equal to the
23 administrative costs incurred by the state in managing the
24 conveyance, including, but not limited to, the costs of
25 appraising and surveying the subject property, certain state
26 owned property located in Berrien county, Michigan, and more
27 particularly described as follows:
1 The north ten (10) feet of lot 17 of Newton Place, city of
2 Niles, Berrien county, Michigan, according to the plat thereof
3 recorded in liber 7 of plats, page 41, Berrien county records.
4 (2) The description of the parcel in subsection (1) is
5 approximate and for purposes of the conveyance is subject to
6 adjustment as the state administrative board or attorney general
7 considers necessary by survey or other legal description.
8 (3) The fair market value of the property described in
9 subsection (1) shall be determined by a qualified independent fee
10 appraiser selected by the department of management and budget,
11 real estate division.
12 (4) The conveyance authorized by this section shall be by
13 quitclaim deed approved by the attorney general and shall not
14 reserve mineral rights to the state.
15 (5) The revenue received under this section shall be
16 deposited in the state treasury and credited to the general fund,
17 except that the Michigan department of management and budget may
18 deduct and retain reimbursement for its administrative costs
19 incurred in managing the conveyance, including, but not limited
20 to, the costs of appraising and surveying the subject property.