Bill Text: MI HB5207 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Property; conveyances; certain parcels of state owned property conveyed to western Michigan university; revise conditions of conveyances and convey additional parcel. Creates land transfer act & repeals (See bill). TIE BAR WITH: HB 5205'09, HB 5206'09
Spectrum: Slight Partisan Bill (Democrat 12-6)
Status: (Passed) 2009-12-31 - Assigned Pa 217'09 With Immediate Effect 2009 Addenda [HB5207 Detail]
Download: Michigan-2009-HB5207-Engrossed.html
HB-5207, As Passed House, September 17, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 5207
A bill to authorize the state administrative board to release,
accept, and convey certain interests in property in Kalamazoo
county; to prescribe certain conditions for the release,
acceptance, and conveyance of those interests; to provide for
certain powers and duties of the department of management and
budget in implementing certain conveyances; to provide for
disposition of certain revenue; and to repeal certain acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The state administrative board, on behalf of the
state, for consideration of $1.00, may release the right of
reverter and the right of reentry and terminate the restrictions on
use, including terminating any restriction that the property be
used for public purposes, contained in the July 22, 1989, quitclaim
deed to western Michigan university recorded in Liber 2083, page
1264, Kalamazoo county records, on real property located in
Kalamazoo county, Michigan, and more particularly described as:
A parcel of land in the NW 1/4 of section 16, T2S, R11W, City
of Kalamazoo, Kalamazoo County, Michigan, described as the N 1/2 of
Government lot #36, Plat #2 of the revised plat of section 16, T2S,
R11W, except the east 19 rods of the north 20 rods.
Also including all that part of the S 1/2 of said lot #36
lying east of Hilbert Street and north of North Street and west of
a line parallel with and 165 feet west of the east line of said lot
#36.
Also except commencing at the NW corner of said lot #36;
thence southerly 33 feet, on the west line of said lot #36 to the
point of beginning; thence southerly 196.77 feet, on the west line
of said lot #36; thence S 88°31'00" E 297.00 feet; thence southerly
440.00 feet, parallel with the west line of said lot #36 to the
north line of the Assessor's Plat of Newtons Addition to the City
of Kalamazoo, Kalamazoo County, Michigan; thence S 88°30'30" E
66.00 feet, on the north line of said plat; thence N 21°37'00" E
300.00 feet, to a point which is 473.50 feet east of the west line
of said lot #36; thence N 20°31'30" W 374.77 feet, to the south
line of Blakeslee Street; thence N 88°22'00" W 33.00 feet, on the
south line of Blakeslee Street; thence N 88°25'00" W 306.82 feet,
on the south line of Blakeslee Street to the point of beginning.
Sec. 2. The description of the parcel in section 1 is
approximate and for purposes of the release is subject to
adjustment as the state administration board or attorney general
considers necessary by survey or other legal description.
Sec. 3. The release and termination authorized by section 1
shall be recorded by instrument approved by the attorney general.
Sec. 4. The revenue received under section 1 shall be
deposited in the state treasury and credited to the general fund.
CONVEYANCE OF NOBLE LODGE PROPERTY
Sec. 5. The state administrative board, on behalf of the
state, may convey to western Michigan university, for consideration
of $1.00, certain real property now under the jurisdiction of the
department of corrections and located in Kalamazoo county,
Michigan, and more particularly described as:
A parcel of land in the SW1/4 of Section 21, T2S,R11W, City of
Kalamazoo, Kalamazoo County, Michigan and more particularly
described as commencing at the S1/4 corner of said Section 21;
thence S89°48'12"W 1,564.12 feet, on the south line of said Section
21 to the centerline of Oakland Drive; thence N22°47'00"E 258.39
feet, on the centerline of Oakland Drive; thence N 79°05'07"W 33.72
feet, to the point of beginning of this description and westerly
right-of-way of Oakland Drive; thence N79°05'07"W 488.27 feet;
thence S00°17'51"W 270.00 feet, to the northerly right-of-way of
Howard Street; thence S78°11'48"E 32.94 feet, on said right-of-way;
thence 293.13 feet on the arc of a curve to the left whose central
angle is 12°00'00", radius of 1,399.40 feet and a long chord
bearing and distance of S84°29'48"E 292.60 feet, on said right-of-
way; thence N89°48'12"E 68.27 feet, on said right-of-way to the
westerly right-of-way of Oakland Avenue; thence N22°47'00"E 230.06
feet, on said right-of-way to the point of beginning, containing
2.55 acres, more or less. All bearings are relative and referenced
to previous surveys/descriptions of Kalamazoo Regional Psychiatric
Hospital properties.
Sec. 6. (1) The description of the parcel in section 5 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.
(2) The property described in section 5 includes all surplus,
salvage, and scrap property or equipment.
Sec. 7. The conveyance authorized by section 5 shall provide
for all of the following:
(a) The property shall be used exclusively for public purposes
and upon termination of that use or use for any other purpose, the
state may reenter and repossess the property, terminating the
grantee's estate in the property.
(b) 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.
(c) If the state reenters and repossesses the property, the
state shall not be liable to reimburse any party for any
improvements made on the property.
Sec. 8. (1) If the property described in section 5 is not sold
to western Michigan university within 6 months after the effective
date of this act, the director of the department of management and
budget shall take the necessary steps to prepare to convey the
property described in section 5 using any of the following at any
time:
(a) Competitive bidding designed to realize the best value to
the state, as determined by the department of management and
budget.
(b) A public auction designed to realize the best value to the
state, as determined by the department of management and budget.
(c) Use of real estate brokerage services designed to realize
the best value to the state, as determined by the department of
management and budget.
(d) A value for value conveyance negotiated by the department
of management and budget designed to realize the best value to the
state. In determining whether value for value consideration for the
property represents the best value, the department may consider the
fair market value or the total value based on any positive economic
impact to the state likely to be generated by the proposed use of
the property, especially economic impact resulting in the creation
of jobs or increased capital investment in the state.
(e) Offering the property for sale for fair market value to a
local unit or units of government.
(f) Offering the property for sale for less than fair market
value to a local unit or units of government subject to subsection
(2).
(2) Any conveyance to a local unit of government authorized by
subsection (1)(f) 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 this property, all members of
the public shall be subject to the same fees, terms, conditions,
and waivers.
(b) In the event of an activity inconsistent with subdivision
(a), the 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 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 shall not be liable to reimburse any party for any
improvements made on the property.
(e) If the local unit of government intends to convey the
property within 3 years of the conveyance from the state, the local
unit shall provide notice to the department of management and
budget of its intent to offer the property for sale. The department
of management and budget shall retain a right to first purchase the
property at the original sale price within 90 days after the
notice. In the event that the state waives its first refusal right,
the local unit of government shall pay to the state 40% of the
difference between the sale price of the conveyance from the state
and the sale price of the local unit's subsequent sale or sales to
a third party.
Sec. 9. (1) The conveyance authorized by section 5 shall be by
quitclaim deed approved by the attorney general. The state shall
not reserve oil, gas, or mineral rights to the property conveyed
under section 5. However, the conveyance authorized under section 5
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 any grantee shall pay the 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.
(2) The 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
the 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.
Sec. 10. The net revenue received from the sale of property
under section 5 shall be deposited in the state treasury and
credited to the general fund. As used in this section, "net
revenue" means the proceeds from the sale of the property less
reimbursement for any costs to the state associated with the sale
of property, including, but not limited to, costs of reports and
studies and other materials necessary to the preparation of sale,
environmental remediation, legal fees, and any litigation related
to the conveyance of the property.
COLONY FARM PROPERTY
Sec. 11. The state administrative board, on behalf of the
state, subject to and contingent upon the conveyance of the
property to western Michigan university as provided in section 13,
may accept from western Michigan university, for consideration of
$1.00, certain real property that was originally conveyed to
western Michigan university in the June 25, 1978 quitclaim deed to
western Michigan university recorded in Liber 1059 page 1057,
Kalamazoo county records, and is located in Kalamazoo county,
Michigan, and more particularly described as:
(a) All that part of the southeast 1/4 of section 25 lying
easterly of the east right of way line of highway U.S. 131
relocated which is described as: commencing at the east 1/4 corner
of section 25; thence north 00° 16' 40" east, 915.61 feet; thence
south 74° 09' 21" west, 600.56 feet; thence south 15° 50' 39" east,
78.00 feet to a point of beginning; thence south 38° 24' 10" west,
194.65 feet; thence south 15° 25' 14" west, 313.38 feet; thence
south 74° 34' 46" east, 25.00 feet; thence south 15° 25' 14" west,
500.00 feet; thence north 74° 34' 46" west, 25.00 feet; thence
south 15° 25' 14" west, 329.65 feet; thence south 01° 46' 06" west,
425.63 feet; thence south 07° 39' 46" east, 624.84 feet; thence
south 10° 54' 46" east, 418.39 feet to the point of curvature of a
curve to the left (radius 2761.79 feet) and being concentric to and
103.00 feet easterly of the center line of the northbound roadway
of highway U.S. 131 relocated; thence southeasterly along the arc
of said curve 670 feet, more or less, to the center line of
Parkview avenue and a point of ending; excepting therefrom the
south 75 feet of the southeast 1/4 of section 25 lying easterly of
the east right of way line of said highway U.S. 131 relocated.
(b) Also all of that part of the northeast 1/4 of section 25,
T2S, R12W, described in this subdivision which lies easterly of the
east right of way line of highway U.S. 131 relocated as described
in subdivision (a): beginning at the east 1/4 corner of section 25;
thence north along the east line of section 25, 62.0 feet; thence
south 89° 17' 15" west, 987.5 feet parallel to the east-west 1/4
line of section 25; thence south parallel to the east line of
section 25, 62.0 feet; thence north 89° 17' 15" east, 987.5 feet
along the east-west 1/4 line of section 25 to the point of
beginning.
Sec. 12. The description of the parcel in section 11 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.
Sec. 13. The state administrative board, on behalf of the
state, after receiving the conveyance authorized in section 11, may
reconvey to western Michigan university, for consideration of
$1.00, the real property described in section 11.
Sec. 15. The reconveyance of property under section 13 shall
provide that the state reserves all aboriginal antiquities
including mounds, earthworks, forts, burial and village sites,
mines, and other relics, on, within, or under the property, 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.
Sec. 16. The reconveyance authorized by section 13 shall be by
quitclaim deed or other instrument approved by the attorney
general.
Sec. 17. The following acts and parts of acts are repealed:
(a) Sections 2 and 3 of 1977 PA 158.
(b) Section 1830 of 1996 PA 480.
(c) Section 1 of 1996 PA 157.
