Act No. 421

Public Acts of 2004

Approved by the Governor

December 9, 2004

Filed with the Secretary of State

December 9, 2004

EFFECTIVE DATE: December 9, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Murphy and Gleason

ENROLLED HOUSE BILL No. 5529

AN ACT 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:

Sec. 1. (1) The state administrative board, on behalf of the state, may convey to the city of Lansing, for consideration of $1.00, certain state owned property located in the city of Lansing, Ingham county, Michigan, and further described as follows:

The East 1320 feet of the South 1294 feet of the Northeast 1/4 of Section 10, T4N, R2W, City of Lansing, Ingham County, Michigan.

(2) The conveyance authorized by subsection (1) shall provide for all of the following:

(a) The property shall be used exclusively for the purpose of a public golf course owned by the city of Lansing, or other public purpose, 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, resident and nonresident members of the public shall be subject to the same fees, terms, conditions, and waivers.

(b) Upon termination of the public purpose use described in subdivision (a) or in the event of use for any nonpublic purpose, 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.

(3) The conveyance authorized by this section shall be by quitclaim deed approved by the attorney general and shall not reserve mineral rights to the state.

(4) The revenue received under this section shall be deposited in the state treasury and credited to the general fund.

Sec. 2. (1) The state administrative board, on behalf of the state, may convey to the city of Grand Rapids or to an entity formed by the city of Grand Rapids, for not less than fair market value, certain state owned property located in the city of Grand Rapids, Kent county, Michigan, and further described as follows: All that part of the east 1/4 of Lot 200 of the Plat of the Village of Kent, City of Grand Rapids, Kent County, Michigan, according to the recorded plat thereof, as recorded in Liber 1 of Plats at pages 4 and 5, Kent County Records, and the south 1/2 of Lot 6 and all of Lots 7, 8, 9, and 10, Block 21, of the Plat of Dexter Fraction, City of Grand Rapids, Kent County, Michigan, according to the plat thereof as recorded in Liber 39 of Plats at page 12, Kent County Records, which lies southeasterly of a line described as: Beginning at a point on the south line of said Lot 200 which is 25.25 feet west of the southeast corner of said Lot 200; thence northerly to a point on the north line of said Lot 200 which is 36.25 feet west of the northeast corner of said Lot 200; thence easterly to a point on the east line of said Lot 6 which is 50 feet north of the southeast corner of said Lot 6 and a point of ending. Also, all that part of vacated Fairview Avenue which lies south of the south right of way line of State Highway I-196 and which lies west of the following described line: Commencing on the extended south line of Lot 18, Block 12, Dexter Fraction at a point 3.9 feet west of the southwest corner of said Lot 18 as platted; thence north 59.8 feet along a line which is 3.9 west of and parallel with the west line of said Lot 18; thence west at right angles 9.1 feet; thence north parallel with said west line 16.8 feet; thence east at right angles 9.1 feet; thence north 126.28 feet, more or less, along a line which is 3.9 feet west of and parallel with the west line of said Lot 18 to the south right of way line of State Highway I-196 and the point of ending of said line.

The above parcel is more particularly described as beginning at a point on the north line of Michigan Street at the southeast corner of Lot 200 of the Plat of the Village of Kent, City of Grand Rapids, Kent County, Michigan; thence S89°59'19"W 25.25 feet on said north line; thence N03°08'53"W 200.30 feet to a point on the north line of said Lot 200; thence S90°00'00"E 286.25 feet to a point on the east line of Lot 6 of the Plat of Dexter Fraction, City of Grand Rapids, Kent County, Michigan; thence N87°22'37"E 62.05 feet; thence S00°22'35"E 126.18 feet; thence S89°37'25"W 9.05 feet; thence S00°18'52"E 16.80 feet; thence N89°37'25"E 9.07 feet; thence S00°22'35"E 59.79 feet to a point on the north line of Michigan Street; thence S89°59'19"W 313.32 feet on said north line to the point of beginning, containing 1.575 acres. The property includes all of tax parcel number 41-14-19-356-008.

(2) The fair market value of the property described in subsection (1) shall be determined by an independent appraiser.

(3) The description of the parcel in subsection (1) is approximate and for purposes of the conveyance is subject to adjustment as the state administrative board or attorney general considers necessary by survey or other legal description.

(4) All state departments and agencies shall provide full cooperation to the state administrative board to facilitate the performance of its duties, powers, and responsibilities regarding the conveyance under this section. The state administrative board may require a state department or agency to prepare or record any documents necessary to evidence the conveyance of property under this section.

(5) The conveyance authorized by this section shall be by quitclaim deed approved by the attorney general and shall not reserve mineral rights in the property. However, the conveyance authorized under this section shall provide that, if the purchaser or any grantee develops any minerals found on, within, or under the conveyed property, the purchaser or any grantee shall pay 1/2 of the gross revenue generated from the development of the minerals to the state.

(6) The state reserves all rights in aboriginal antiquities, including mounds, earthworks, forts, burial and village sites, mines, or other relics, on or within the property conveyed under this section.

(7) The net revenue received under this section shall be deposited in the state treasury and credited to the general fund. As used in this subsection, "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, and legal fees, and the cost of providing replacement parking for state employees in the downtown area of Grand Rapids.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor