Substitute For

HOUSE BILL NO. 5586

A bill to authorize the state administrative board to accept and convey real property in Isabella County; to provide for the transfer of real property in Macomb County; to prescribe conditions for the conveyance and for the transfer; to provide for the powers and duties of certain state departments in regard to the property; and to provide for disposition of the revenue from the conveyance and from the transfer.

the people of the state of michigan enact:

Sec. 1. (1) The state administrative board, on behalf of this state, subject to and contingent on the conveyance of the property to the city of Mt. Pleasant, Isabella County, as provided in subsection (2), may accept from the city of Mt. Pleasant, for consideration of $1.00, real property that was originally conveyed, in accordance with 2010 PA 208, by an April 21, 2011 quitclaim deed that is recorded in Liber 1552 page 812, Isabella County records. The property is located in Isabella County, Michigan and more particularly described as:

A PARCEL OF LAND SITUATED IN THE TOWNSHIP OF UNION, COUNTY OF ISABELLA, STATE OF MICHIGAN, AND DESCRIBED AS FOLLOWS TO-WIT: A PARCEL OF LAND BEING PART OF THE EAST 1/2 OF SECTION 9, T14N, R4W, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 9; THENCE N00°15'30"W 1446.74 FEET ALONG THE NORTH-SOUTH 1/4 LINE OF SAID SECTION 9; THENCE N89°42'45"E 274.82 FEET; THENCE N00°15'29"W 1182.23 FEET; THENCE N89°00'51"E 72.74 FEET; THENCE N07°42'29"W 103.33 FEET; THENCE N71°34'42"W 352.72 FEET TO THE NORTH-SOUTH 1/4 LINE; THENCE N00°15'17"W ALONG SAID NORTH-SOUTH 1/4 LINE, 2417.88 FEET TO THE NORTH SECTION LINE; THENCE N88°50'08"E ALONG SAID NORTH LINE, 2647.57 FEET TO THE EAST SECTION LINE; THENCE S00°17'11"E ALONG SAID EAST LINE, 2645.95 FEET TO THE EAST-WEST 1/4 LINE; THENCE S00°16'36"E ALONG SAID EAST LINE, 1255.42 FEET; THENCE N89°57'07"W 367.31 FEET; THENCE S32°02'10"W 380.92 FEET; THENCE S60°57'30"E 219.17 FEET; THENCE S04°24'33"E 238.08 FEET; THENCE S57°56'51"E 429.20 FEET TO THE EAST SECTION LINE; THENCE S00°16'36"E ALONG SAID EAST LINE, 497.72 FEET TO THE SOUTH SECTION LINE; THENCE S89°28'59"W ALONG SAID SOUTH LINE, 2649.58 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 304.62 ACRES OF LAND, MORE OR LESS.

SUBJECT TO THE PUBLIC RIGHT-OF-WAY OF PICKARD ROAD OVER THE SOUTHERLY 58 FEET THEREOF, THE RIGHT-OF-WAY OF BAMBER ROAD OVER THE WESTERLY 33 FEET THEREOF, THE RIGHT-OF-WAY OF RIVER ROAD OVER THE NORTHERLY 33 FEET THEREOF AND THE RIGHT-OF-WAY OF CRAWFORD ROAD OVER THE EASTERLY 33 FEET THEREOF.

ALSO SUBJECT TO AND TOGETHER WITH ANY RESTRICTIONS, RIGHTS-OF-WAY OR EASEMENTS OF RECORD, IF ANY.

(2) The state administrative board, on behalf of this state, after receiving the conveyance authorized in subsection (1), shall convey the property to the city of Mt. Pleasant for consideration of $1.00.

(3) The description of the property in subsection (1) is approximate and for purposes of the conveyances is subject to adjustment as the state administrative board or attorney general considers necessary by survey or other legal description.

(4) Any conveyance of property under subsection (2) must replace any restriction on use contained in the deed referred to in subsection (1) as required by section 6(a) of 2010 PA 208 with the restriction that the property must be used exclusively for public purposes, including, but not limited to, economic development, and if a fee, term, or condition is imposed on members of the public for use of the property, or if such a fee, term, or condition is waived, all members of the public must be subject to the same fees, terms, conditions, and waivers. However, the conveyance under subsection (2) must contain any other restrictions required by 2010 PA 208.

(5) If the city of Mt. Pleasant uses the property conveyed under subsection (2) in a manner that violates any of the restrictions imposed under subsection (4), this state may reenter and take the property, terminating the city of Mt. Pleasant's estate in the property. This subsection does not apply to a sale after an initial transfer by the city of Mt. Pleasant, if the initial transfer by the city of Mt. Pleasant is for a public purpose as described in subsection (4). An action to regain possession of the property may be brought and maintained by the attorney general on behalf of this state.

(6) If this state reenters and repossesses property under subsection (5), this state is not liable to reimburse any person for any improvements made on the property or to compensate any person for any part of an unfulfilled contract or license issued to provide goods or services on or for the property.

(7) The state administrative board shall make the conveyance authorized by subsection (2) by quitclaim deed or other instrument approved by the attorney general.

(8) The department of technology, management, and budget, on behalf of this state, may transfer, by affidavit of jurisdictional transfer, to the department of military and veterans affairs, without consideration except that specifically provided in subsection (12), state-owned property now under the jurisdiction of the department of technology, management, and budget located in Macomb County. The property to be transferred under this subsection is described as follows:

A parcel of land commonly known as Sebille Manor and formerly known as the Selfridge U.S. Army Garrison Base, located at 48512 Hawk Road, Chesterfield Township, Macomb County, State of Michigan, and more specifically described as follows to wit:

A parcel of land commencing at the northeast corner of Private Claim No. 192, Township 3 North, Range 14 east, Michigan Meridian, Chesterfield Township, Macomb County, Michigan; thence along northwest line of said Private Claim No. 192 as follows: S 49°04'54" W 1872.5 feet; thence S 49°43'00" W 1794.24; thence S 49°21'34" W 543.9 feet, passing from Private Claim No. 192 into Private Claim No. 193 to the point of beginning, said point being the most northern corner of Tract "A"; thence with the common boundary to lands now or formerly owned by Matilda Matejick and lands of said Tract "A" as follows: S 40°21'13" E 1466.05 feet; thence S 49°21'34" W 16.17 feet; thence S 40°21'13" E 317 feet to a point in the center of Sugarbush Road, said point being the most eastern corner of said Tract "A"; thence along Sugarbush Road and continuing with the boundary of said Tract "A" as follows: S 18°48'47" W 1499.91 feet; thence S 52°09'15" W 499.30 feet to a point; thence leaving said center of Sugarbush Road, and continuing with said boundary of Tract "A" N 39°54'00" W 33.02 feet to a point on the northwest right-ofway line of Sugarbush Road; thence with said right-of-way line and continuing with said boundary of Tract "A" S 52°03'30" W 239.4 feet to a point being the most southern corner of said Tract "A"; thence leaving said right-of-way line and with the southwest boundary of said Tract "A" as follows: N 40°03'07" W 1766.48 feet to a point on the centerline of the Sutherland and Oeming Drain; thence along the center of said drain N 57°30'39" E 221.15 feet, to a point; thence N 40°27'00" E 25 feet to a point; thence leaving said center line of drain and continuing with said southwest boundary of Tract "A" N 39°54'00" W 735.98 feet to a point in the center of Donner Road, and being on the northwest line of Private Claim No. 193, said point being the most western corner of said Tract "A"; thence with the center of Donner Road and the northwest boundary of said Tract "A" N 48°59'00" E 287.5 feet to a point being the intersection of the southeast corner of Fractional Section 20, the southwest corner of Fractional Section 21, and the most northeast corner of Private Claim No. 145, with said northwest line of Private Claim No. 193; thence continuing with said northwest line of Private Claim 193 and Tract "A" N 49°21'34" E 1495.5 feet to the point of beginning, containing 102.69 acres, more or less. Subject to all agreements, covenants, easements, rights-of-way, reservations and restrictions of record, if any.

(9) The department of technology, management, and budget shall coordinate and implement the transfer of property authorized under subsection (8), but the transfer and the terms of the transfer must be approved by the state administrative board.

(10) The descriptions of the property in subsection (8) are approximate and, for purposes of the transfer, are subject to adjustment as the department of technology, management, and budget or the attorney general considers necessary by survey or other legal description.

(11) Surplus real property transferred under subsection (8) includes all surplus, salvage, and personal property or equipment remaining on the property on the date of the conveyance or transfer.

(12) At the time of the transfer authorized under subsection (8), the department of military and veterans affairs shall reimburse the department of technology, management, and budget for all otherwise uncompensated costs incurred by the latter to study, evaluate, survey, inspect, appraise, and insure the property and acquire title to the property on behalf of this state. The reimbursement must be in the form of a 1-time lump sum interdepartmental financial transfer of funds.

(13) The department of military and veterans affairs is responsible for all expenses of maintaining the property described in subsection (8) in good order and in compliance with all applicable state and local ordinances until the time of transfer.

(14) On request by the department of technology, management, and budget, the department of attorney general shall approve as to legal form the affidavit of jurisdictional transfer authorized by subsection (8) in recordable form.

(15) The department of technology, management, and budget may require the department of military and veterans affairs to record the instrument of jurisdictional transfer with the applicable register of deeds and provide the department of technology, management, and budget with a complete and faithful copy of the recorded instrument as a condition of the jurisdictional transfer.