HOUSE BILL No. 5243

 

September 29, 2005, Introduced by Rep. Stewart and referred to the Committee on Regulatory Reform.

 

     A bill to authorize the state administrative board to convey

 

certain state owned property in Wayne 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 Plymouth township, in Wayne county, for

 

consideration of $1.00, 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 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.

 

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

 

west and north section lines for roadway purposes.

 

     Sec. 2. The conveyance authorized by section 1 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,

 

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 parcel 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 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 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 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 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 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.