state of michigan

100th Legislature

Regular session of 2020

Introduced by Senator Schmidt

ENROLLED SENATE BILL No. 595

AN ACT to authorize the state administrative board to accept and convey real property in Grand Traverse County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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 Charter Township of Garfield, Grand Traverse County, as provided in subsection (2), may accept from the Charter Township of Garfield, for consideration of $1.00, real property that was originally conveyed, in accordance with 1993 PA 38, by a December 14, 1993 quitclaim deed that is recorded in Liber 0984 page 304, Grand Traverse County records. The property is located in Grand Traverse County, Michigan and more particularly described as:

Parcel RR: Part of the Northwest fractional 1/4 and part of the Southwest 1/4 of Section 9, Town 27 North, Range 11 West, Garfield Township, Grand Traverse County, Michigan more fully described as beginning at the West 1/4 corner of said Section 9; thence along the West Line of said section North 00 degrees 54 minutes 19 seconds East 962.96 feet to a point South 00 degrees 54 minutes 19 seconds West 300.00 feet from the centerline of County Road No. 610 (Long Lake Road); thence East 1,613.66 feet; thence South 36 degrees 46 minutes 38 seconds East 1,137.45 feet to the Northwest corner of the Arnell Engstrom property as recorded in Liber 0917, Page 221; thence along the West line of said parcel South 01 degrees 26 minutes 02 seconds East 687.03 feet; thence South 68 degrees 11 minutes 47 seconds West 1,816.48 feet to the Northeast corner of the West 1/2 of the Southwest 1/4 of said Southwest 1/4 of Section 9; thence along the South 1/8 line of said section South 89 degrees 36 minutes 42 seconds West 659.34 feet to the West line of said section; thence along said West Line North 00 degrees 49 minutes 09 seconds East 1,314.34 feet to the Point of Beginning, containing 100.87 acres of land more or less.

(2) The state administrative board, on behalf of this state, after receiving the conveyance authorized in subsection (1), shall convey the property to the Charter Township of Garfield, 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 not contain any restriction, as required by section 3(10) of 1993 PA 38, relating to a memorandum of agreement between the department of management and budget, now the department of technology, management, and budget, and the Grand Traverse Commons Redevelopment Corporation. However, the conveyance must contain any other restrictions required by 1993 PA 38 and all of the following restrictions:

(a) That the land must be used solely and exclusively for nonmotorized public purposes.

(b) That 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.

(c) That changes to the property must not exacerbate any known or unknown contaminated soils.

(5) If property conveyed under this act is used in a manner that violates any of the restrictions imposed under subsection (4), this state may reenter and take the property, terminating the grantee’s or any successor’s estate in the property. 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.

 

This act is ordered to take immediate effect.

 

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor