Bill Text: MI SB0596 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
SB-0596, As Passed Senate, June 11, 2009
SUBSTITUTE FOR
SENATE BILL NO. 596
A bill 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.23W. 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.
