Bill Text: MI SB0596 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Property; conveyances; Upper Peninsula state fairgrounds; provide for conveyance. Creates land transfer act.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-07-15 - Assigned Pa 0072'09 With Immediate Effect [SB0596 Detail]
Download: Michigan-2009-SB0596-Chaptered.html
Act No. 72
Public Acts of 2009
Approved by the Governor
July 9, 2009
Filed with the Secretary of State
July 9, 2009
EFFECTIVE DATE: July 9, 2009
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2009
Introduced by Senators Prusi, Allen, Van Woerkom, Jelinek, Olshove and Cherry
ENROLLED SENATE BILL No. 596
AN ACT to authorize the state administrative board to convey certain state owned property in Delta county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.
The People of the State of Michigan enact:
Sec. 1. The state administrative board, on behalf of the state, shall convey to Delta county, for consideration of $1.00, certain state owned property located in the city of Escanaba, Delta county, Michigan, and further described as follows:
PARCEL A
PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 19 T.39N.,R.22W. CITY OF ESCANABA - DELTA COUNTY, MICHIGAN. LYING WEST OF STATE HIGHWAYS U.S. 2 & 41, & M-35.
EXCEPT: THE WEST 35.00 FEET THEREFROM FOR HIGHWAY PURPOSES.
PARCEL B
THE NORTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 24, T.39N.,R.23W, CITY OF ESCANABA – DELTA COUNTY, MICHIGAN.
EXCEPT: THE ESCANABA & LAKE SUPERIOR RAILROAD RIGHT-OF-WAY.
ALSO EXCEPT: BEGINNING AT THE SOUTHEAST CORNER OF SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24 T.39N.,R.23W., THENCE N.89°49'36"W. ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF NORTHEAST 1/4 A DISTANCE OF 155.00 FEET, THENCE N.0°10'16"W. PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4 OF NORTHEAST 1/4 A DISTANCE OF 510.00 FEET, THENCE S.89°49'36"E. PARALLEL WITH THE SOUTH LINE, A DISTANCE OF 200.00 FEET TO A POINT EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF NORTHEAST 1/4 OF SAID SECTION, THENCE S.0°10'16"E. PARALLEL WITH SAID WEST LINE A DISTANCE OF 510.00 FEET TO THE NORTH LINE OF NORTHEAST 1/4 OF SOUTHEAST 1/4 OF SAID SECTION, THENCE S.0°18'39"E. PARALLEL WITH AND 45 FEET EAST OF WEST LINE OF SAID NORTHEAST 1/4 OF SOUTHEAST 1/4 A DISTANCE OF 1044.80 FEET TO A POINT THAT IS 50.00 FEET NORTHERLY OF AND MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE ESCANABA LAKE SUPERIOR RAILROAD AS NOW LOCATED, THENCE NORTHWESTERLY ALONG A 1477.04 FOOT RADIUS CURVE TO THE LEFT PARALLEL WITH AND 50.00 FEET NORTHERLY OF SAID CENTER LINE A CHORD BEARING OF N.49°39'25"W. A CHORD DISTANCE OF 55.37 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, THENCE N.00°18'39"W. ALONG SAID WEST LINE A DISTANCE OF 1012.90 FEET TO THE POINT OF BEGINNING.
PARCEL C
BEGINNING AT THE SE CORNER OF THE NW1/4 OF THE SE1/4 OF SECTION 24 T.39N.,R.23W., THENCE N.89°11'00"W. A DISTANCE OF 745.53 FEET, THENCE N.00°15'50"E. A DISTANCE OF 522.35 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ESCANABA & LAKE SUPERIOR RAILROAD SAID POINT BEING ON A 1196.08 FOOT RADIUS CURVE TO THE LEFT, THENCE SOUTHEASTERLY ALONG SAID CURVE A CHORD BEARING OF S.65°15'43"E. A CHORD DISTANCE OF 251.05 FEET, THENCE S.71°17'10"E. A DISTANCE OF 131.60 FEET TO THE BEGINNING OF A 1377.06 FOOT RADIUS CURVE TO THE RIGHT, THENCE SOUTHEASTERLY ALONG SAID CURVE, ALL BEING ALONG SAID SOUTH RIGHT-OF-WAY LINE, A CHORD BEARING OF S.62°01'27"E. A CHORD DISTANCE OF 440.99 FEET TO THE EAST LINE OF SAID NW1/4 OF SE1/4, THENCE S.00°18'39"E. ALONG SAID EAST LINE A DISTANCE OF 178.83 FEET TO THE POINT OF BEGINNING. CONTAINING 6.22 ACRES.
PARCEL D
BEGINNING AT THE E1/4 CORNER OF SECTION 24 T.39N.,R.23W., THENCE N.00°14'35"W. ALONG THE EAST LINE OF THE SE1/4 OF NE1/4 OF SAID SECTION A DISTANCE OF 909.83 FEET TO THE EASTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF 14TH AVE. NO. (F.K.A. BURNS ST.), THENCE S.89°58'34"W. ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS EASTERLY EXTENSION A DISTANCE OF 1273.68 FEET TO A POINT THAT IS 45.00 FEET EAST OF THE WEST LINE OF SAID SE1/4 OF NE1/4, THENCE S.00°10'16"E. PARALLEL WITH SAID WEST LINE A DISTANCE OF 905.48 FEET TO THE SOUTH LINE OF SAID SE1/4 OF NE1/4 THENCE S.89°50'25"E. ALONG SAID SOUTH LINE A DISTANCE OF 1274.83 FEET TO THE POINT OF BEGINNING. CONTAINING 26.55 ACRES.
THE EAST 35.00 FEET OF THE ABOVE DESCRIBED PARCEL BEING SUBJECT TO THE RIGHTS OF THE PUBLIC FOR STREET PURPOSES.
PARCEL EA
FROM THE NE CORNER OF THE SE1/4 OF THE SE1/4 OF SECTION 24, T.39N.,R.23 W. THENCE MEASURE S.00°10'15"E. ALONG THE EAST LINE OF SAID SE 1/4 OF SE 1/4 A DISTANCE OF 382.00 FEET TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED, THENCE CONTINUE S.00°10'15"E. ALONG SAID EAST LINE A DISTANCE OF 637.57 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE ESCANABA AND LAKE SUPERIOR RAILROAD, SAID POINT BEING ON A 911.70 FOOT RADIUS CURVE TO THE RIGHT, THENCE NORTHWESTERLY ALONG SAID CURVE A CHORD BEARING OF N.54°59'50"W. A CHORD DISTANCE OF 786.85 FEET, THENCE N.29°25'57"W. A DISTANCE OF 453.10 FEET TO THE BEGINNING OF A 1477.06 FOOT RADIUS CURVE TO THE LEFT, THENCE NORTHWESTERLY ALONG SAID CURVE, ALL BEING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A CHORD BEARING OF N.33°49'07"W. A CHORD DISTANCE OF 225.93 FEET TO THE NORTH LINE OF SAID SE1/4 OF SE1/4, THENCE S.89°11'00"E. ALONG SAID NORTH LINE A DISTANCE OF 544.18 FEET TO A POINT THAT IS 445.80 FEET WEST OF THE NE CORNER OF SAID SE1/4 OF SE1/4, THENCE S.00°10'15"E. PARALLEL WITH SAID WEST LINE A DISTANCE OF 382.00 FEET, THENCE S.89°11'00"E. PARALLEL WITH SAID NORTH LINE A DISTANCE OF 445.80 FEET TO THE POINT OF BEGINNING.
EXCEPT THE NORTH 40 FEET THEREFROM FOR ROAD AND HIGHWAY PURPOSES AS SET FORTH IN INSTRUMENT RECORDED IN LIBER 210 OF DEEDS, PAGE 611, DELTA COUNTY RECORDS.
PARCEL EB
FROM THE NW CORNER OF THE SE1/4 OF THE SE1/4 OF SECTION 24, T.39N.,R.23W., THENCE MEASURE S.00°16'07"E. ALONG THE WEST LINE OF SAID SE1/4 OF SE1/4 A DISTANCE OF 980.00 FEET TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED, THENCE S.89°11'00"E. PARALLEL WITH THE NORTH LINE OF SAID SE1/4 OF SE1/4 A DISTANCE OF 923.11 FEET TO THE WESTERLY RIGHT‑OF‑WAY LINE OF THE ESCANABA & LAKE SUPERIOR RAILROAD, SAID POINT BEING ON A 1011.70 FOOT RADIUS CURVE TO THE LEFT, THENCE SOUTHEASTERLY ALONG SAID CURVE A CHORD BEARING OF S.69°33'28"E A CHORD DISTANCE OF 419.37 FEET TO THE EAST LINE OF SAID SE1/4 OF SE1/4, THENCE S.00°10'15"E. ALONG SAID EAST LINE A DISTANCE OF 209.83 FEET TO THE SE CORNER OF SAID SE1/4 OF SE 1/4, THENCE N.88°29'57"W ALONG THE SOUTH LINE OF SAID SE1/4 OF SE1/4 A DISTANCE OF 1315.48 FEET TO THE SW CORNER OF SAID SW1/4 OF SW1/4, THENCE N.00°16'07"E. ALONG SAID WEST LINE A DISTANCE OF 335.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 40.00 FEET AS RECORDED AT LIBER 857 ON PAGE 412.
PARCEL EC
FROM THE NW CORNER OF THE SE1/4 OF THE SE1/4 OF SECTION 24, T.39N.,R.23W., THENCE MEASURE S.00°16'07"E. ALONG THE WEST LINE OF SAID SE1/4 OF SE1/4 A DISTANCE OF 699.00 FEET TO THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED, THENCE CONTINUE S.00°16'17"E. ALONG SAID WEST LINE A DISTANCE OF 281.00 FEET, THENCE S.89°11'00"E. PARALLEL WITH THE NORTH LINE OF SAID SE1/4 OF SE1/4 A DISTANCE OF 923.11 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE ESCANABA & LAKE SUPERIOR RAILROAD, SAID POINT BEING ON A 1011.70 FOOT RADIUS CURVE TO THE RIGHT, THENCE NORTHWESTERLY ALONG SAID CURVE A CHORD BEARING OF N.45°54'35"W. A CHORD DISTANCE OF 409.86 FEET, THENCE N.89°11'00"W. A DISTANCE OF 630.02 FEET TO THE POINT OF BEGINNING. CONTAINING 4.88 ACRES.
Sec. 2. (1) The description of the property in section 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 legal description.
(2) The property described in section 1 includes all personal, surplus, salvage, or scrap property or equipment remaining on the property as of the date of the conveyance.
Sec. 3. The conveyance authorized by section 1 shall provide for all of the following:
(a) The property shall be used exclusively for public purposes, including, but not limited to, conducting an annual Upper Peninsula state fair under the direction of the Upper Peninsula state fair authority or its successor agency and activities in support of an annual Upper Peninsula state fair, 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 activity inconsistent with subdivision (a), 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.
(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.
Sec. 4. (1) If the property described in section 1 is not sold to Delta county within 180 days after the effective date of this act, the department of management and budget shall take the necessary steps to prepare to convey the property described in section 1 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) Offering the property for sale for fair market value to a local unit or units of government.
(e) 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)(e) 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. 5. (1) The conveyance authorized by this act shall be by quitclaim deed designed or otherwise approved as to legal form by the attorney general. The state shall not reserve oil, gas, or mineral rights to the property conveyed under this act. However, the conveyance authorized under this act 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. 6. The net revenue received under this act 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, administrative costs; 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
