SB-0457, As Passed Senate, October 11, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 457

 

 

May 4, 2005, Introduced by Senator CROPSEY and referred to the Committee on Appropriations.

 

 

 

     A bill to authorize the state administrative board to convey

 

certain parcels of state owned property in Ionia county; to

 

prescribe conditions for the conveyance; and to provide for

 

disposition of revenue derived from the conveyance.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. The state administrative board, on behalf of the

 

state, may convey to Ionia county, for consideration of $1.00,

 

certain parcels of property now under the jurisdiction of the

 

department of corrections and located in Ionia county, Michigan,

 

and further described as follows:

 

PARCEL A

 

A parcel of land in sections 23, 24 and 26, T7N – R7W, Easton

 

Township, Ionia County, Michigan, more particularly described as

 

commencing at the NE corner of said section 26; thence N00°14'39"E

 

90.26 feet to a point on the northwesterly right of way of the

 

Grand Trunk Railroad (100 feet wide) and the point of beginning of

 


this description; thence 543.35 feet on a curve to the right with a

 

radius of 5779.65 feet, a delta angle of 5°23'11" and a long chord

 

bearing and distance of N54°54'01"E 543.15 feet; thence N28°31'41"W

 

33.00 feet to the centerline of Main Street (66' wide); thence

 

S61°28'19"W 53.64 feet; thence S57°42'04"W 450.89 feet on said

 

centerline; thence S67°16'59"W 394.91 feet on said centerline;

 

thence S13°03'30"E 194.44 feet to the northwesterly right of way of

 

the Grand Trunk Railroad; thence 416.93 feet on said right of way

 

on a curve to the right with a radius of 5779.65 feet, a delta

 

angle of 4°08'00" and a long chord bearing and distance of

 

N50°08'26"E 416.84 feet to the point of beginning, containing 1.65

 

acres including road right of way.

 

PARCEL B

 

A parcel of land in the N1/2 of section 26, T7N – R7W, Easton

 

Township, Ionia County, Michigan, more particularly described as

 

commencing at the NE corner of said section 26; thence N89°29'41"W

 

864.01 feet on the north line of said section; thence S00°00'00"W

 

204.62 feet to a point on the centerline of Main Street and the

 

point of beginning of this description; thence along said

 

centerline for the following four (4) courses:

 

1.   S67°16'59"W 1794.61 feet;

 

2.   S80°27'49"W 958.57 feet;

 

3.   441.07 feet on a curve to the left with a radius of 4022.59

 

feet, a delta angle of 6°16'57" and a long chord bearing and

 

distance of S77°14'15"W 440.85 feet;

 

4.   S73°48'27"W 109.52 feet to the east line of the west 1/2 of

 

the NW 1/4 of said section 26; thence

 


S00°20'39"W 720.70 feet on said east line to a point on the

 

northerly bank of the Grand River; thence along said northerly bank

 

for the following six (6) courses:

 

1.   N70°17'46"E 618.88 feet;

 

2.   N78°05'08"E 616.44 feet;

 

3.   N77°39'11"E 472.89 feet;

 

4.   N87°38'02"E 350.81 feet;

 

5.   S73°30'12"E 55.36 feet;

 

6.   S35°08'39"E 503.68 feet to the northwesterly right of way of

 

the Grand Trunk Railroad; thence

 

N33°18'46"E 674.99 feet on said railroad right of way; thence

 

904.48 feet on said railroad right of way on a curve to the right

 

with a radius of 5779.65 feet, a delta angle of 8°57'59" and a long

 

chord bearing and distance of N37°42'57"E 903.56 feet; thence

 

N17°23'04"W 416.79 feet to the point of beginning, containing 55.88

 

acres including road right of way.

 

PARCEL C

 

A parcel of land in sections 24, 25 and 26, T7N – R7W, Easton

 

Township, Ionia County, Michigan, more particularly described as

 

commencing at the NE corner of said section 26; thence S00°29'34"W

 

37.53 feet on the east line of said section to the southeasterly

 

right of way of the Grand Trunk Railroad (100 feet wide) and the

 

point of beginning of this description; thence 1802.04 feet along

 

said right of way on a curve to the left with a radius of 5679.65

 

feet, a delta angle of 18°10'44" and a long chord bearing and

 

distance of S42°19'19"W 1794.49 feet; thence S33°18'46"W 716.91

 

feet on said railroad right of way to the northerly bank of the

 


Grand River; thence along said northerly bank for the following six

 

(6) courses:

 

1.   S19°18'21"E 600.94 feet;

 

2.   S60°20'04"E 401.58 feet;

 

3.   S84°22'48"E 573.41 feet;

 

4.   N69°29'34"E 487.79 feet;

 

5.   N56°06'51"E 1214.60 feet;

 

6.   N54°47'25"E 392.06 feet; thence

 

N00°30'15"E 2103.06 feet; thence N61°02'54"E 882.80 feet; thence

 

N00°28'49"E 404.42 feet to the southeasterly right of way of the

 

Grand Trunk Railroad (100 feet wide); thence S61°02'54"W 1487.20

 

feet on said railroad right of way; thence 962.36 feet along said

 

right of way on a curve to the left with a radius of 5679.65 feet,

 

a delta angle of 9°42'29" and a long chord bearing and distance of

 

S56°15'56"W 961.20 feet to the point of beginning, containing

 

149.72 acres.

 

     Sec. 2. The conveyance authorized by section 1 shall provide

 

for all of the following:

 

     (a) The parcels of property shall be used exclusively for the

 

purpose of a public park, and if any fee, term, or condition for

 

the use of the property is imposed on members of the public, or if

 

any of those fees, terms, or conditions are waived for use of the

 

parcels of property, resident and nonresident members of the public

 

shall be subject to the same fees, terms, conditions, and waivers.

 

     (b) In the event of an activity inconsistent with subdivision

 

(a), the state may reenter and repossess the property, terminating

 

the grantee's or successor's estate in the property.

 


     (c) If the grantee or successor disputes the state's exercise

 

of its right of reentry and fails to promptly deliver possession of

 

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

 

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

 

of, the property.

 

     (d) If the state reenters and repossesses the property, the

 

state shall not be liable to reimburse any party for any

 

improvements made on the property.

 

     Sec. 3. The description of the parcels in section 1 is

 

approximate and for purposes of the conveyance is subject to

 

adjustments as the state administrative board or the attorney

 

general considers necessary by survey or other legal description.

 

The parcels of property described in section 1 shall include all

 

surplus, salvage, and scrap property or equipment.

 

     Sec. 4. The state shall not reserve oil, gas, or mineral

 

rights to the parcels of property conveyed under this act. However,

 

the conveyance authorized under this act shall provide that, if the

 

purchaser or any grantee develops any oil, gas, or minerals found

 

on, within, or under any of the conveyed parcels of property, the

 

purchaser or any grantee shall pay the state 1/2 of the gross

 

revenue generated from the development of the oil, gas, or

 

minerals. This payment shall be deposited in the general fund.

 

     Sec. 5. The state reserves all aboriginal antiquities,

 

including mounds, earthworks, forts, burial and village sites,

 

mines, or other relics lying on, within, or under the parcels of

 

property, with power to the state and all others acting under its

 

authority to enter the property for any purpose related to

 


exploring, excavating, and taking away the aboriginal antiquities.

 

     Sec. 6. The department of attorney general shall approve as to

 

legal form the quitclaim deed authorized by this act.

 

     Sec. 7. The revenue received under this act shall be deposited

 

in the state treasury and credited to the general fund.