SENATE BILL No. 1098

 

 

February 3, 2010, Introduced by Senator CROPSEY and referred to the Committee on Appropriations.

 

 

 

     A bill to authorize the state administrative board to convey

 

certain state owned property in Isabella 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

 

and subject to the terms stated in this act, shall convey to the

 

city of Mt. Pleasant, for consideration of $1.00, certain state

 

owned property under the jurisdiction of the department of

 

community health and located in the city of Mt. Pleasant, Isabella

 

county, Michigan, and further described as follows:

 

DESCRIPTION:


 

A PARCEL OF LAND SITUATED IN THE TOWNSHIP OF UNION, COUNTY OF

 

ISABELLA, STATE OF MICHIGAN, AND DESCRIBED AS FOLLOWS TO-WIT:

 

(AS FURNISHED)

 

THE EAST 1/2 OF SECTION 9, T14N, R4W, CITY OF MT. PLEASANT,

 

ISABELLA COUNTY, MICHIGAN

 

EXCEPT:

 

MOUNT PLEASANT PUBLIC SCHOOLS LIBER 003 PAGE 123 OF I.C.R SURVEYS

 

A PARCEL OF LAND BEING PART OF THE EAST 1/2 OF SECTION 9, T14N,

 

R4W, DESCRIBED AS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID

 

SECTION 9; THENCE NORTH 1447.00 FEET ALONG THE NORTH-SOUTH 1/4 LINE

 

OF SAID SECTION 9 TO THE POINT OF BEGINNING; THENCE CONTINUING

 

NORTH 1200.00 FEET ALONG SAID NORTH-SOUTH 1/4 LINE; THENCE EAST

 

275.00 FEET AT RIGHT ANGLES TO SAID NORTH-SOUTH 1/4 LINE; THENCE

 

SOUTH, 1200.00 FEET PARALLEL TO SAID NORTH-SOUTH 1/4 LINE; THENCE

 

WEST 275.00 FEET AT A RIGHT ANGLE TO THE NORTH-SOUTH 1/4 LINE TO

 

THE POINT OF BEGINNING. PARCEL CONTAINS 7.57 ACRES OF LAND, MORE OR

 

LESS.

 

ALSO EXCEPT:

 

(A.K.A. HISTORIC CEMETERY)

 

COMMENCING AT THE SOUTH WEST CORNER OF THE SOUTH WEST QUARTER OF

 

THE NORTH EAST QUARTER OF SECTION NINE (9), TOWNSHIP FOURTEEN (14)

 

NORTH, RANGE FOUR (4) WEST, SITUATED AT THE COUNTY AND STATE

 

AFORESAID AND RUNNING THENCE EAST FIFTEEN (15) RODS THENCE NORTH

 

FOUR (4) RODS THENCE WEST AND NORTH SO THE A LINE WOULD CROSS THE

 

QUARTER LINE NINE RODS NORTH FROM THE PLACE OF BEGINNING. THENCE

 

SOUTH ALONG THE QUARTER LINE RUNNING SOUTH THROUGH THE SECTION NINE

 

RODS TO THE PLACE OF BEGINNING AND CONTAINING THIRTY-SEVEN AND ONE


 

HALF RODS OF LAND MORE OR LESS. PARCEL CONTAINS 0.61 ACRES OF LAND,

 

MORE OR LESS.

 

ALSO EXCEPT:

 

(MSPSC TOWER) 363 PA 2008 PARCEL 11

 

BEGINNING 33 FEET NORTH AND 33 FEET EAST OF THE SOUTHWEST CORNER OF

 

THE EAST 1/2 OF SECTION 9, THENCE EAST 250 FEET; THENCE NORTH 250

 

FEET; THENCE WEST 250 FEET; THENCE SOUTH 250 FEET TO THE POINT OF

 

BEGINNING, ALL BEING SITUATED IN SECTION 9, TOWN 14 NORTH, RANGE 4

 

WEST, CITY OF MOUNT PLEASANT, COUNTY OF ISABELLA, STATE OF

 

MICHIGAN. PARCEL CONTAINS 1.43 ACRES OF LAND, MORE OR LESS.

 

MT PLEASANT CENTER PARCEL CONTAINS 311.43 ACRES OF LAND, MORE OR

 

LESS.

 

SUBJECT TO AND TOGETHER WITH ANY RESTRICTIONS, RIGHT-OF-WAYS AND

 

EASEMENTS OF RECORD, IF ANY.

 

     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.

 

     Sec. 3. The conveyance authorized by section 1 shall provide

 

for all of the following:

 

     (a) While the city of Mt. Pleasant owns the property, 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, resident and


 

nonresident 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 or successor 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.

 

     (e) The local unit of government shall reimburse the state for

 

requested costs necessary to prepare the property for conveyance.

 

     Sec. 4. (1) If the city of Mt. Pleasant conveys the property

 

described in section 1 within 5 years after the conveyance from the

 

state, the city of Mt. Pleasant shall notify the department of

 

management and budget of any sale and shall pay to the state 40% of

 

the difference between the sale price of the conveyance from the

 

state, as adjusted under subsection (2), and the sale price of the

 

city of Mt. Pleasant's subsequent sale to a third party including

 

anything of value exchanged or received in lieu of monetary

 

consideration. The notification to the department of management and

 

budget shall include a full accounting of such costs.

 

     (2) For purposes of the calculation made under subsection (1),

 

the sale price of the conveyance from the state shall be increased


 

by the total of the amounts the city of Mt. Pleasant pays to

 

address any environmental conditions on the property or to demolish

 

or improve existing buildings, the cost of structure and other land

 

improvements on the property, the cost of making any other

 

improvements to the property, and any costs to the city of Mt.

 

Pleasant associated with the sale of the property, including, but

 

not limited to, administrative costs, employee wages, salaries, and

 

benefits, costs of reports and studies and other materials

 

necessary to the preparation of the sale, environmental

 

remediation, legal fees, and any litigation expenses related to the

 

conveyance of the property.

 

     Sec. 5. (1) The conveyances authorized by this act shall be by

 

quitclaim deed designed or otherwise approved as to legal form by

 

the attorney general.

 

     (2) The state shall not reserve oil, gas, or mineral rights to

 

the property conveyed under this act. However, the conveyances

 

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.

 

     (3) 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 revenue received from the conveyance under section

 

1 shall be deposited in the state treasury and credited to the

 

general fund.