HB-5529, As Passed Senate, November 10, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5529
A bill to authorize the state administrative board to convey
certain parcels of state owned property in Ingham county and Kent
county; to prescribe conditions for the conveyances; to provide
for certain powers and duties of certain state departments and
agencies with regard to the conveyances; and to provide for
disposition of the revenue from the conveyances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) The state administrative board, on behalf of
2 the state, may convey to the city of Lansing, for consideration
3 of $1.00, certain state owned property located in the city of
4 Lansing, Ingham county, Michigan, and further described as
5 follows:
6 The East 1320 feet of the South 1294 feet of the Northeast
7 1/4 of Section 10, T4N, R2W, City of Lansing, Ingham
8 County, Michigan.
1 (2) The conveyance authorized by subsection (1) shall provide
2 for all of the following:
3 (a) The property shall be used exclusively for the purpose of
4 a public golf course owned by the city of Lansing, or other
5 public purpose, and if any fee, term, or condition for the use of
6 the property is imposed on members of the public, or if any of
7 those fees, terms, or conditions are waived for use of this
8 property, resident and nonresident members of the public shall be
9 subject to the same fees, terms, conditions, and waivers.
10 (b) Upon termination of the public purpose use described in
11 subdivision (a) or in the event of use for any nonpublic purpose,
12 the state may reenter and repossess the property, terminating the
13 grantee's estate in the property.
14 (c) If the grantee disputes the state's exercise of its right
15 of reentry and fails to promptly deliver possession of the
16 property to the state, the attorney general, on behalf of the
17 state, may bring an action to quiet title to, and regain
18 possession of, the property.
19 (3) The conveyance authorized by this section shall be by
20 quitclaim deed approved by the attorney general and shall not
21 reserve mineral rights to the state.
22 (4) The revenue received under this section shall be
23 deposited in the state treasury and credited to the general
24 fund.
25 Sec. 2. (1) The state administrative board, on behalf of
26 the state, may convey to the city of Grand Rapids or to an entity
27 formed by the city of Grand Rapids, for not less than fair market
1 value, certain state owned property located in the city of Grand
2 Rapids, Kent county, Michigan, and further described as follows:
3 All that part of the east 1/4 of Lot 200 of the Plat of the
4 Village of Kent, City of Grand Rapids, Kent County, Michigan,
5 according to the recorded plat thereof, as recorded in Liber 1 of
6 Plats at pages 4 and 5, Kent County Records, and the south 1/2 of
7 Lot 6 and all of Lots 7, 8, 9, and 10, Block 21, of the Plat of
8 Dexter Fraction, City of Grand Rapids, Kent County, Michigan,
9 according to the plat thereof as recorded in Liber 39 of Plats at
10 page 12, Kent County Records, which lies southeasterly of a line
11 described as: Beginning at a point on the south line of said Lot
12 200 which is 25.25 feet west of the southeast corner of said Lot
13 200; thence northerly to a point on the north line of said Lot
14 200 which is 36.25 feet west of the northeast corner of said Lot
15 200; thence easterly to a point on the east line of said Lot 6
16 which is 50 feet north of the southeast corner of said Lot 6 and
17 a point of ending. Also, all that part of vacated Fairview
18 Avenue which lies south of the south right of way line of State
19 Highway I-196 and which lies west of the following described
20 line: Commencing on the extended south line of Lot 18, Block 12,
21 Dexter Fraction at a point 3.9 feet west of the southwest corner
22 of said Lot 18 as platted; thence north 59.8 feet along a line
23 which is 3.9 west of and parallel with the west line of said Lot
24 18; thence west at right angles 9.1 feet; thence north parallel
25 with said west line 16.8 feet; thence east at right angles 9.1
26 feet; thence north 126.28 feet, more or less, along a line which
27 is 3.9 feet west of and parallel with the west line of said Lot
House Bill No. 5529 as amended November 9, 2004
1 18 to the south right of way line of State Highway I-196 and the
2 point of ending of said line.
3 The above parcel is more particularly described as beginning at a
4 point on the north line of Michigan Street at the southeast
5 corner of Lot 200 of the Plat of the Village of Kent, City of
6 Grand Rapids, Kent County, Michigan; thence S89°59'19"W 25.25
7 feet on said north line; thence N03°08'53"W 200.30 feet to a
8 point on the north line of said Lot 200; thence S90°00'00"E
9 286.25 feet to a point on the east line of Lot 6 of the Plat of
10 Dexter Fraction, City of Grand Rapids, Kent County, Michigan;
11 thence N87°22'37"E 62.05 feet; thence S00°22'35"E 126.18 feet;
12 thence S89°37'25"W 9.05 feet; thence S00°18'52"E 16.80 feet;
13 thence N89°37'25"E 9.07 feet; thence S00°22'35"E 59.79 feet to a
14 point on the north line of Michigan Street; thence S89°59'19"W
15 313.32 feet on said north line to the point of beginning,
16 containing 1.575 acres. <<The property includes all of tax parcel number 41-14-19-356-008.>>
17 (2) The fair market value of the property described in
18 subsection (1) shall be determined by an independent appraiser.
19 (3) The description of the parcel in subsection (1) is
20 approximate and for purposes of the conveyance is subject to
21 adjustment as the state administrative board or attorney general
22 considers necessary by survey or other legal description.
23 (4) All state departments and agencies shall provide full
24 cooperation to the state administrative board to facilitate the
25 performance of its duties, powers, and responsibilities regarding
26 the conveyance under this section. The state administrative
27 board may require a state department or agency to prepare or
1 record any documents necessary to evidence the conveyance of
2 property under this section.
3 (5) The conveyance authorized by this section shall be by
4 quitclaim deed approved by the attorney general and shall not
5 reserve mineral rights in the property. However, the conveyance
6 authorized under this section shall provide that, if the
7 purchaser or any grantee develops any minerals found on, within,
8 or under the conveyed property, the purchaser or any grantee
9 shall pay 1/2 of the gross revenue generated from the development
10 of the minerals to the state.
11 (6) The state reserves all rights in aboriginal antiquities,
12 including mounds, earthworks, forts, burial and village sites,
13 mines, or other relics, on or within the property conveyed under
14 this section.
15 (7) The net revenue received under this section shall be
16 deposited in the state treasury and credited to the general
17 fund. As used in this subsection, "net revenue" means the
18 proceeds from the sale of the property less reimbursement for any
19 costs to the state associated with the sale of property,
20 including, but not limited to, costs of reports and studies and
21 other materials necessary to the preparation of sale,
22 environmental remediation, and legal fees, and the cost of
23 providing replacement parking for state employees in the downtown
24 area of Grand Rapids.