May 10, 2011, Introduced by Rep. McBroom and referred to the Committee on Appropriations.
A bill to authorize the department of natural resources to
accept and convey certain real property in Dickinson county; to
prescribe certain conditions for the acceptance and conveyance; and
to provide for disposition of the revenue derived from the
conveyance.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The department of natural resources, on behalf of
the state, subject to and contingent upon the conveyance of the
property to Dickinson county as provided in subsection (3), may
accept from Dickinson county, for consideration of $1.00, certain
real property that was conveyed to Dickinson county by the city of
Iron Mountain in the warranty deed recorded in liber 233, page 791,
Dickinson county records, and is located in Dickinson county,
Michigan, and described as:
A parcel of land located in the Northwest Quarter of the Southeast
Quarter (NW¼ X SE¼) and the Northeast Quarter of the Southwest
Quarter (NE¼ X SW¼) of Section Thirty-Six (36), Township 40 North,
Range 31 West, M.P.M., City of Iron Mountain, County of Dickinson,
State of Michigan, more particularly described as follows:
Commencing at a concrete monument marking the Center Quarter
Corner of Section 36, T40N-R31W; thence running South 89°37'30"
East for a distance of 283.00 feet; thence running South for a
distance of 539.77 feet to a concrete monument located on the shore
of Crystal Lake and the Point of Beginning of the parcel to be
described; thence running North 63°55' West along the shore of
Crystal Lake for a distance of 385.88 feet; thence running South
45°16'20" West along the shore of Crystal Lake for a distance of
96.96 feet; thence running North 44°44' West for a distance of
67.56 feet to a concrete monument; thence running North 6°05' East
for a distance of 201.81 feet to a concrete monument located on the
Southerly Right of Way Line of the existing Public Road which
connects Foster Street with West "D" Street and running in an
Easterly direction along the Southerly Line of said Public Roadway
by the following courses and distances: North 61°05' East for a
distance of 149.0 feet to the Point of Curve of a 164.88 foot
radius curve concave to the right; thence running along the arc of
said curve for a distance of 74.82 feet to a Point of Tangent (Long
chord bears North 74°18'11" East, 74.18 feet); thence running North
87°05' East for a distance of 118.20 feet; thence running South
57°39'14" East for a distance of 490.34 feet; thence running South
59°20' East for a distance of 69.24 feet to a point on the Westerly
Right of Way Line of Foster Street; thence running in a Southerly
direction along the arc of a 145.67 foot radius curve concave to
the left for a distance of 49.57 feet (Long chord bears South
10°55' West, 49.35 feet); thence running South 1°32'30" West for a
distance of 256.35 feet to a concrete monument located on the shore
of Crystal Lake; thence running North 65°24' West along the shore
of Crystal Lake for a distance of 369.60 feet to the Point of
Beginning.
(2) The description of the parcel in subsection (1) is
approximate and for purposes of the conveyances is subject to
adjustment as the department of natural resources or attorney
general considers necessary by survey or other legal description.
(3) The department of natural resources, on behalf of the
state, after receiving the conveyance authorized in subsection (1),
shall convey to Dickinson county, for consideration of $1.00, the
real property described in subsection (1).
(4) The conveyance authorized by subsection (3) shall provide
for all of the following:
(a) Unless the property is conveyed for fair market value
after the conveyance described in subsection (3), the property
shall be used exclusively for public 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 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 activity inconsistent with subdivision
(a), the state may reenter and repossess the property, terminating
the grantee's estate in the property.
(c) If a 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.
(d) If the state reenters and repossesses the property, the
state is not liable to reimburse any party for any improvements
made on the property.
(e) If the property is sold by Dickinson county, or another
local unit of government that is a successor in interest, for fair
market value, upon the first such sale of the property, the local
unit of government selling the property shall pay to the state 40%
of the sales price of the property.
(5) The state shall reserve oil, gas, and mineral rights to
the property conveyed under this section.
(6) The state shall reserve all aboriginal antiquities
including mounds, earthworks, forts, burial and village sites,
mines, and other relics, on, within, or under the property conveyed
under this section, 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 aboriginal antiquities.
(7) The conveyance under subsection (3) shall be by quitclaim
deed or other instrument approved by the attorney general.
(8) Revenue to the state from the sale of property under this
section shall be deposited in the state treasury and credited to
the general fund.