January 22, 2013, Introduced by Rep. Foster and referred to the Committee on Appropriations.
A bill to authorize the state administrative board to convey
certain parcels of state-owned property in Chippewa county; to
prescribe conditions for the conveyance; and to provide for certain
powers and duties of certain state departments in regard to the
property.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The state administrative board, on behalf of this
state, may convey by quitclaim deed to the township of Kinross or
the county of Chippewa all or portions of certain state-owned
property under the jurisdiction of the department of corrections,
located in the township of Kinross, Chippewa county, Michigan, and
further described as follows:
Parcel A
Part of Lot 4, of "Chippewa County Industrial Air Park Plat"; Part
of Sections 31 & 32, T45N, R1W, Kinross Township, Chippewa County,
Michigan, more particularly described as, commencing at the
Northeast corner of Section 31; thence along the north line of said
Section, N 89° 59' 39" W 1075.01 feet; thence S 00° 16' 05" E 33.00
feet to the South Right-of-Way of Tone Road and the Point of
Beginning; thence along said Right-of-Way S 89° 59' 39" E 470.94
feet; thence S 05° 39' 59" E 240.61 feet; thence S 89° 43' 17" W
493.57 feet, thence N 00° 16' 05" W 241.88 feet to the South Right-
of-Way of Tone Road and the Point of Beginning containing 2.68
acres more or less and excepting all easements and restrictions of
record, if any.
Parcel B
Part of Lot 4, of "Chippewa County Industrial Air Park Plat"; Part
of Sections 31 & 32, T45N, R1W, Kinross Township, Chippewa County,
Michigan, more particularly described as, commencing at the
Northeast corner of Section 31; thence along the north line of said
Section, N 89° 59' 39" W 1075.01 feet; thence S 00° 16' 05" E 33.00
feet to the South Right-of-Way of Tone Road and the Point of
Beginning; thence continuing S 00° 16' 05" E 241.88 feet; thence S
89° 43' 17" W 57.32 feet; thence N 05° 35' 43" W 243.33 feet to the
South Right-of-Way of Tone Road; thence along said Right-of-Way S
89° 59' 39" E 79.92 feet to the Point of Beginning containing 0.38
acres more or less and excepting all easements and restrictions of
record, if any.
(2) The description of the property in subsection (1) is
approximate and, for purposes of the conveyance, is subject to
adjustments as the state administrative board or the attorney
general considers necessary by survey or other legal description.
(3) The property includes all surplus, salvage, and scrap
property or equipment remaining on the property as of the date of
the conveyance.
(4) The director of the department of technology, management,
and budget shall first offer the property for sale for $1.00 to the
township of Kinross. If all of the property is not sold to the
township of Kinross as provided in subsection (5), the director of
the department shall offer the remaining property for sale for
$1.00 to the county of Chippewa.
(5) To purchase the property under subsection (4), a local
unit of government shall enter into a purchase agreement within 60
days after the date of the offer to that local unit of government
and complete the purchase within 120 days after the date of the
offer.
(6) A conveyance authorized by subsection (4) shall provide
for all of the following:
(a) 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 the property, all members of
the public shall be subject to the same fees, terms, conditions,
and waivers.
(b) If a provision of the conveyance described in subdivision
(a) is violated, this state may reenter and repossess the property,
terminating the grantee's or successor's estate in the property.
(c) If the grantee or successor 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.
(d) If this state reenters and repossesses the property, this
state is not liable to reimburse any party for any improvements
made on the property.
(7) If requested by this state, the grantee shall reimburse
this state for costs necessary to prepare the property for
conveyance.
(8) The quitclaim deed authorized by this section shall be
approved as to legal form by the department of attorney general.
(9) This state shall not reserve oil, gas, or mineral rights
to property conveyed under this section. However, a 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 grantee shall pay
this 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.
(10) This state reserves all aboriginal antiquities including
mounds, earthworks, forts, burial and village sites, mines, or
other relics lying on, within, or under the property with power to
this state and all others acting under its authority to enter the
property for any purpose related to exploring, excavating, and
taking away the aboriginal antiquities.