HB-4598, As Passed House, May 1, 2007
April 12, 2007, Introduced by Rep. Brown and referred to the Committee on Government Operations.
A bill to authorize the state administrative board to convey
certain state owned property in Tuscola county; to prescribe
conditions for the conveyance; to provide for disposition of
revenue derived from the conveyance; and to provide for certain
powers and duties of the department of management and budget.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The state administrative board, on behalf of the
state, may convey to Indianfields township 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.
Sec. 2. The description of the real property in section 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.
Sec. 3. The property described in section 1 includes all
surplus, salvage, and scrap property and equipment.
Sec. 4. The department of management and budget shall take the
steps necessary to convey the property described in section 1.
Sec. 5. The conveyance authorized by section 1 shall provide
for all of the following:
(a) The property shall be used exclusively for the purpose of
a public park 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) 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.
Sec. 6. The conveyance authorized by this act shall be by
quitclaim deed. The department of attorney general shall approve as
to legal form the quitclaim deed authorized under this section. The
conveyance authorized by this act shall not reserve to the state
any gas, oil, or mineral rights found on, within, or under the
conveyed property, but 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.
Sec. 7. The revenue received from the conveyance authorized by
this act shall be deposited in the state treasury and credited to
the general fund.