September 16, 2008, Introduced by Reps. Brown, Gillard, Espinoza, Leland, Spade and Polidori and referred to the Committee on Appropriations.
A bill to amend 2007 PA 134, entitled
"An act to authorize the state administrative board to convey
certain parcels of state owned property in Ingham county, Wayne
county, and Tuscola county; to prescribe conditions for the
conveyances; to provide for certain powers and duties of certain
state departments and agencies in relation to the conveyances; to
provide for disposition of revenue derived from the conveyances;
and to provide for the release of certain property rights held by
the state,"
by amending section 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The state administrative board, on behalf of the
state,
may convey to Indianfields township Tuscola area airport
authority, in Tuscola county, for consideration of $1.00 plus the
cost necessary to prepare the real property for sale, all of
certain real property now under the jurisdiction of the department
of community health and located in Tuscola county, Michigan, and
more particularly described as:
Part of the Southeast 1/4 and Southwest 1/4 of Section 17, and part
of the Northwest 1/4 of Section 20, T12N, R9E, Indianfields
Township, Tuscola County, Michigan, described as commencing at the
Center of said Section 17; thence along the East-West 1/4 line of
said Section 17, S. 88° 41' 50" E., 335.38 feet to the Point of
Beginning; thence continuing along said East-West 1/4 line of
Section 17, S. 88° 41' 50" E., 2177.53 feet to a traverse line on
the top of bank of the Cass River; thence along said traverse line,
S. 41° 54' 49" W., 1422.68 feet and S. 82° 35' 09" W., 751.00 feet
and S. 62° 37' 43" W., 572.95 feet and S. 34° 54' 06" W., 865.51
feet and S. 63° 47' 30" W., 1325.94 feet and S. 46° 04' 24" W.,
492.67 feet to the centerline of Chambers Road; thence along said
centerline of Chambers Road on a curve to the right having a radius
of 327.40 feet, central angle of 83° 39' 40", and long chord
bearing and distance of N. 16° 26' 39" W., 436.71 feet; thence
continuing along said centerline of Chambers Road, N. 25° 23' 11"
E., 1028.69 feet to a point on a curve; thence on said curve to the
left having a radius of 230.00 feet, central angle of 52° 44' 42",
and long chord bearing and distance of N. 00° 57' 57" W., 204.33
feet to the Southeasterly line of railroad right-of-way; thence on
a non-tangent curve to the left having a radius of 3447.47 feet,
central angle of 10° 18' 35", and long chord bearing and distance
of N. 50° 54' 56" E., 619.50 feet; thence continuing along said
Southeasterly line of railroad right-of-way, N. 47° 34' 00" E.,
1723.14 feet to the Point of Beginning; containing 116.54 acres to
the water’s edge, more or less; subject to riparian rights
pertaining to the Cass River and other rights-of-way, easements and
restrictions of record.
(2) The description of the real property in subsection (1) is
approximate and for purposes of the conveyance is subject to
adjustment as the state administrative board or the attorney
general considers necessary by survey or other legal description.
(3) The property described in subsection (1) includes all
surplus, salvage, and scrap property and equipment.
(4) The department of management and budget shall take the
steps necessary to convey the property described in subsection (1).
(5) The conveyance authorized by subsection (1) shall provide
for all of the following:
(a) The property shall be used exclusively for public
purposes, including, but not limited to, the purpose of a public
park
and if airport, public
recreation, or use by nonprofit
organizations for the benefit of the public. 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) Upon termination of the use described in subdivision (a)
or use for any other purpose, the state may reenter and repossess
the property, terminating the grantee's estate in the property.
(c) If the grantee 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.
(6) The conveyance authorized by this section shall be by
quitclaim deed. The department of attorney general shall approve as
to legal form the quitclaim deed authorized under this section.
(7) The conveyance authorized under this section shall provide
for the exercise of the state's ongoing property interests in and
regulatory jurisdiction over any historic artifacts and antiquities
subsequently found on the site.
(8) The state shall not reserve oil, gas, or mineral rights to
the parcels of 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 general fund.
(9) The revenue received from the conveyance authorized by
this section shall be deposited in the state treasury and credited
to the general fund.