This is our starting text

SB-0566, As Passed Senate, September 22, 2005

SUBSTITUTE FOR

SENATE BILL NO. 566

(As amended, September 22, 2005)

<<A bill to authorize the state administrative board to convey

certain parcels of state owned property in Wayne county; to

prescribe conditions for the conveyances; to prescribe certain

powers and duties of certain state departments and agencies; and to

provide for disposition of revenue derived from the conveyances.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

state, may convey by quitclaim deed to Plymouth township, in Wayne

county, for consideration of $1.00, all or portions of certain

property now under the jurisdiction of the department of

corrections and located in Plymouth township, Wayne county,

Michigan, and further described as follows:

A parcel of land in the northeast quarter of section 20, Plymouth

Township, Wayne County, Michigan, Town 1 South, Range 8 East,

described as: commencing at the N 1/4 corner of said section 20;

thence S89˚45'02"E 1119.14 feet on the north line of said section

to the point of beginning of this description; thence continuing on

said north line S89˚45'02"E 50.00 feet; thence S01˚03'21"W 225.00

feet; thence S89˚45'02"E 150.00 feet to the east line of a parcel

recorded at Liber 22436, Page 520; thence S01˚03'21"W 200.00 feet

on said east line; thence N89˚45'02"W 200.00 feet; thence

N01˚03'21"E 425.00 feet to the point of beginning, containing 1.18

acres, more or less.

(2) The description of the parcel in this section 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 property described in this section includes all surplus,

salvage, and scrap property or equipment.

(3) The department of attorney general shall approve as to

legal form the quitclaim deed authorized by this section.

(4) The conveyance authorized by this section shall provide

for all of the following:

(a) The property shall be used exclusively for public

purposes, including, but not limited to, the construction of a

water tower, 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 this property, all

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.

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.

(5) The state shall not reserve oil, gas, or mineral rights to

the property conveyed under this section. However, the conveyance

authorized under this section shall provide that, if the purchaser

or any grantee develops any oil, gas, or minerals found on, within,

or under the conveyed 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 natural resources trust fund.

(6) The state reserves all aboriginal antiquities, including

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

other relics lying on, within, or under the property conveyed under

this section, 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.

(7) Subject to the state's right to reenter and repossess the

property under subsection (4), if the grantee intends to convey the

property conveyed under this section within 3 years after the

conveyance from the state, the grantee shall provide notice to the

director of the department of management and budget of its intent

to offer the property for sale. The department of management and

budget shall retain a right to first purchase the property at the

original sale price, plus the value of any improvements made to the

property as determined by an independent fee appraiser, within 90

days after the notice. If the state waives its first refusal right,

the grantee shall pay to the state 40% of the difference between

the sale price of the conveyance from the state and the sale price

of the grantee's subsequent sale or sales to a third party.

(8) All state agencies and departments shall cooperate fully

with the state administrative board to facilitate the performance

of its duties, powers, and responsibilities under this section. The

state administrative board may require a state agency or department

to prepare or record any documents necessary to evidence the

conveyance of property under this section.

(9) The net revenue received from the sale of property under

this section shall be deposited in the state treasury and credited

to the general fund. As used in this subsection, "net revenue"

means the proceeds from the sale of the property less reimbursement

for any costs to the state associated with the sale of property,

including, but not limited to, employee wages, salaries, and

benefits associated with administrative personnel; costs of reports

and studies and other materials necessary to the preparation of

sale; environmental remediation; legal fees; and any litigation

related to the conveyance of the property.

Sec. 2. (1) The state administrative board, on behalf of the

state, may convey by quitclaim deed for not less than fair market

value all or portions of certain state owned property now under the

jurisdiction of the department of corrections, commonly known as

western Wayne correctional facility, and located in Plymouth

township, Wayne county, Michigan, and more particularly described

as follows:

A parcel of land in the N 1/2 of section 20, T1S – R8E Plymouth

Township, Wayne County, Michigan, more particularly described as

beginning at the NW corner of said section 20; thence N89˚50'10"E

2650.86 feet on the north line of said section to the N 1/4 corner

of said section; thence continuing on said north line S89˚45'02"E

1319.14 feet; thence S01˚03'21"W 2532.18 feet to the northerly

right of way of the Chesapeake and Ohio Railroad; thence along said

northerly right of way for the following four (4) courses:

1) 116.58 feet on a curve to the right with a radius of

2596.27 feet, a central angle of 02˚34'22" and a long chord bearing

and distance of N56˚44'27"W 116.57 feet

2) N55˚27'04"W 1052.13 feet

3) 672.28 feet on a curve to the left with a radius of 3889.51

feet, a central angle of 09˚54'12" and a long chord bearing and

distance of N60˚24'17"W 671.45 feet

4) N65˚21'16"W 2614.21 feet to the west line of said section

20; thence N00˚05'01"E 447.57 feet on said west line to the point

of beginning, containing 127.27 acres, more or less.

EXCEPT a parcel of land described as commencing at the N 1/4 corner

of said section 20; thence S89˚45'02"E 1119.14 feet on the north

line of said section to the point of beginning of this description;

thence continuing on said north line S89˚45'02"E 50.00 feet; thence

S01˚03'21"W 225.00 feet; thence S89˚45'02"E 150.00 feet to the east

line of a parcel recorded at Liber 22436, Page 520; thence

S01˚03'21"W 200.00 feet on said east line; thence N89˚45'02"W

200.00 feet; thence N01˚03'21"E 425.00 feet to the point of

beginning, containing 1.18 acres, more or less.

Subject to a 60-foot wide easement adjacent and parallel to the

west and north section lines for roadway purposes.

(2) The description of the property in this section 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 property described in this section includes all surplus,

salvage, and scrap property or equipment.

(3) The fair market value of the property described in this

section shall be determined by an appraisal prepared for the

department of management and budget by an independent appraiser.

(4) The department of attorney general shall approve as to

legal form the quitclaim deed authorized by this section.

(5) The department of management and budget shall take the

necessary steps to prepare to convey the property described in this

section using any of the following at any time:

(a) Competitive bidding designed to realize the best value to

the state, as determined by the department of management and

budget.

(b) A public auction designed to realize the best value to the

state, as determined by the department of management and budget.

the best value to the state, as determined by the department of

management and budget.

(d) Offer the property for sale for fair market value to a

local unit or units of government.

(e) Offer the property for sale for less than fair market

value to a local unit or units of government subject to subsection

(6).

(6) Any conveyance to a local unit of government authorized by

subsection (5)(e) shall provide for all of the following:

(a) The property shall be used exclusively for public purposes

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 this property, all 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.

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.

(7) The state shall not reserve oil, gas, or mineral rights to

the property conveyed under this section. However, the conveyance

authorized under this section shall provide that, if the purchaser

or any grantee develops any oil, gas, or minerals found on, within,

or under the conveyed 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 natural resources trust fund.

(8) The state reserves all aboriginal antiquities, including

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

other relics lying on, within, or under the property conveyed under

this section, 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.

(9) Subject to the state's right to reenter and repossess the

property under subsection (6), if a local unit of government

intends to convey the property conveyed under this section within 3

years after the conveyance from the state, the local unit of

government shall provide notice to the director of the department

of management and budget of its intent to offer the property for

sale. The department of management and budget shall retain a right

to first purchase the property at the original sale price, plus the

value of any improvements made to the property as determined by an

independent fee appraiser, within 90 days after the notice. If the

state waives its first refusal right, the local unit of government

shall pay to the state 40% of the difference between the sale price

of the conveyance from the state and the sale price of the local

unit of government's subsequent sale or sales to a third party.

(10) All state agencies and departments shall cooperate fully

with the state administrative board to facilitate the performance

of its duties, powers, and responsibilities under this section. The

state administrative board may require a state agency or department

to prepare or record any documents necessary to evidence the

conveyance of property under this section.

(11) The net revenue received from the sale of property under