HOUSE BILL No. 5819

 

 

September 7, 2016, Introduced by Reps. McBroom and Kivela and referred to the Committee on Appropriations.

 

     A bill to authorize the department of natural resources to

 

convey property in Menominee County; to prescribe conditions for

 

the conveyance; and to provide for disposition of the revenue from

 

the conveyance.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. The department of natural resources, on behalf of this

 

state, may convey to Cedarville Township, for consideration of

 

$1.00, property, with improvements, that is under the jurisdiction

 

of the department of natural resources and located in Cedarville

 

Township, Menominee County, Michigan, and described as follows:

 

 

 

Part of Government Lot 1 (G.L. 1) of Section 23, Township 35 North

 

— Range 25 West, Cedarville Township, Menominee County, Michigan

 

being more particularly described as follows:


Commencing at the Northeast Corner of said Section 23, thence S

 

01°01'20" W along the East Line of said G.L. 1, a distance of

 

1544.44 feet; thence N 88°58'40" W at right angles to the previous

 

course, a distance of 185.65 feet to the intersection of the

 

Southeasterly right-of-way of State Highway M-35 with the Westerly

 

right-of-way of a county road known as Old Mill Road, and the POINT

 

OF BEGINNING of the parcel hereinafter described:

 

thence S 06019'57" E along the Westerly right-of-way of Old Mill

 

Road, a distance of 176.67 feet; thence Southeasterly 46.59 feet

 

along said right-of-way and the arc of a 112.11 foot radius curve

 

to the left, whose chord bears S 18014'16" E, a distance of 46.26

 

feet to a SET 5/8" x 24" steel rebar/I.D. cap; thence S 33°27'59"

 

W, a distance of 138.42 feet to a SET 5/8" x 24" steel rebar/I.D.

 

cap; thence S 83°07'15" W, a distance of 149.42 feet to a SET 5/8"

 

x 24" steel rebar/I.D. cap; thence S 75°10'52" W, a distance of

 

67.65 feet to a SET 5/8" x 24" steel rebar/I.D, cap; thence N

 

52°48'04" W, a distance of 29.40 feet to a SET 5/8" x 24" steel

 

rebar/I.D. cap on an Intermediate Traverse Line (ITL) along the

 

shore of the Cedar River; thence N 11°55'27" E along said ITL, a

 

distance of 135.83 feet to the Southeasterly right-of-way of State

 

Highway M-35; thence N 48°52'52" E along said right-of-way, a

 

distance of 333.80 feet to the POINT OF BEGINNING, containing 1.50

 

acres of land more or less, including those lands lying between the

 

above described ITL, and the waters of the Cedar River at Ordinary

 

High Water Mark.

 

 

 

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

 


for all of the following:

 

     (a) That the property must be used exclusively for public

 

recreation 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 the

 

property, resident and nonresident members of the public will be

 

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

 

     (b) That on termination of the use described in subdivision

 

(a) or if the property is used for any other purpose, this state

 

may reenter and repossess the property, terminating the grantee's

 

estate in the property.

 

     (c) That if the grantee disputes this state's exercise of its

 

right of reentry and fails to promptly deliver possession of the

 

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

 

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

 

of, the property.

 

     Sec. 3. (1) The department of natural resources shall deposit

 

the revenue received from the conveyance under section 1 in the

 

Michigan natural resources trust fund.

 

     (2) The department of natural resources shall convey the

 

property as authorized by section 1 by quitclaim deed approved by

 

the attorney general.

 

     (3) The department of natural resources shall retain to this

 

state the mineral rights to the property conveyed under section 1.