Bill Text: MI HB4195 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Property; conveyances; transfer of certain state-owned property in Marquette County; provide for. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-15 - Bill Electronically Reproduced 02/14/2017 [HB4195 Detail]

Download: Michigan-2017-HB4195-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4195

 

 

February 14, 2017, Introduced by Rep. Kivela and referred to the Committee on Appropriations.

 

     A bill to require the state administrative board to convey

 

state-owned property in Marquette County; to prescribe conditions

 

for the conveyance; to provide for powers and duties of state

 

departments, agencies, and officers in regard to the property; and

 

to provide for disposition of revenue derived from the conveyance.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The state administrative board shall convey to

 

Northern Michigan University real property owned by this state

 

described as follows:

 

That part of Section 36, Township 48 North, Range 25 West, City of

 

Marquette, Marquette County, Michigan, being described as follows:

 

Commencing at the South one-quarter (S 1/4) Corner of said Section

 

36, thence N01o 10'26"E along the North-South one quarter (N-S 1/4)

 

Line of said Section 36, a distance of 1318.11 feet to the Center-

 


South one-sixteenth (C-S 1/16) corner of said Section 36; thence

 

N89o 32'33"W, a distance of 732.77 feet to a 1" iron pipe with

 

Beaver 25828 cap, thence N01o 22'07"E, a distance of 528.87 feet;

 

thence N02o 24'08"E, a distance of 507.69 feet to a 4" Aluminum

 

Michigan DNR monument; thence N61o 49'30"W, a distance of 187.31

 

feet to a 4" Aluminum Michigan DNR monument; thence N88o 45'01"W, a

 

distance of 154.46 feet; thence S62o 13'59"W, a distance of 62.54

 

feet; thence N41o 24'01"W, a distance of 108.30 feet to a 4"

 

Aluminum Michigan DNR monument and the POINT OF BEGINNING of the

 

parcel to be described.

 

Thence N41o 24'01"W, a distance of 103.20 feet; thence N03o

 

15'45"W, a distance of 234.56 feet; thence N13o 19'15"E, a distance

 

of 183.17 feet; thence N41o 47'36"E, a distance of 91.29 feet to

 

the southwesterly right-of-way of US-41/M-28 (90 feet wide); thence

 

along the southwesterly right-of-way of US-41/M-28 (90 feet wide)

 

on a curve to the left, having a radius of 11553.50 feet, a central

 

angle of 01o 16'39", a chord distance of 257.58 feet, a chord

 

bearing S48o 50'43"E, a arc distance of 257.59 feet; thence

 

continuing along the southwesterly right-of-way of US-41/M-28 (90

 

feet wide) S49o 29'05"E, a distance of 78.26 feet; thence along the

 

northerly line of the MDNR Property for the next 3 calls S42o

 

08'38"W, a distance of 92.80 feet; thence S58o 14'23"W, a distance

 

of 142.96 feet to a 4" Aluminum Michigan DNR monument; thence S25o

 

12'23"W, a distance of 213.84 feet to a 4" Aluminum Michigan DNR

 

monument and the POINT OF BEGINNING.

 

And including an easement for ingress and egress to and from the

 

above described real property and highway US-41/M-28, described as


follows:

 

A 20 foot wide easement for ingress/egress being part of Section

 

36, Township 48 North, Range 25 West, City of Marquette, Marquette

 

County, Michigan, the centerline of said 20 foot wide strip is

 

described as follows:

 

Commencing at the South one-quarter (S 1/4) Corner of said Section

 

36, thence N01o 10'26"E along the North-South one quarter (N-S 1/4)

 

Line of said Section 36, a distance of 1318.11 feet to the Center

 

South one-sixteenth (C-S 1/16) corner of said Section 36; thence

 

N89o 32'33"W, a distance of 732.77 feet to a 1" iron pipe with

 

Beaver 25828 cap, thence N01o 22'07"E, a distance of 528.87 feet;

 

thence N02o 24'08"E, a distance of 507.69 feet to a 4" Aluminum

 

Michigan DNR monument; thence N61o 49'30W, a distance of 187.31

 

feet to a 4" Aluminum Michigan DNR monument; thence N88o 45'01"W, a

 

distance of 154.46 feet; thence S62o 13'59"W, a distance of 62.54

 

feet; thence N41o 24'01"W a distance of 108.30 feet to a 4"

 

Aluminum Michigan DNR monument; thence N41o 24'01"W, distance of

 

91.74 feet to the POINT OF BEGINNING.

 

Thence S19o 20'44"W, a distance of 108.58 feet; thence along a

 

curve to the left, having a radius of 175.00 feet, a central angle

 

of 36o 47'31", a chord distance of 110.45 feet, a chord bearing of

 

S00o 56'59"W, a arc distance of 112.37 feet; thence S17o 26'47"E, a

 

distance of 57.69 feet; thence N37o 35'56"E, a distance of 34.85

 

feet; thence N27o 04'42"E, a distance of 69.84 feet; thence along a

 

curve to the right, having a radius of 190.00 feet, a central angle

 

of 50o 50'10", a chord distance of 163.10 feet, a chord bearing of

 

N52o 29'47"E, a arc distance of 168.58 feet; thence N77o 54'52"E, a


distance of 135.08 feet; thence N63o 44'51"E, a distance of 293.50

 

feet to the southwesterly right-of-way of US-41/M-28 (90 feet wide)

 

and the POINT OF TERMINATION.

 

     (2) The description of the property in subsection (1) is

 

approximate and, for purposes of conveyance under this act, may be

 

adjusted as the state administrative board or the department of

 

attorney general considers necessary because of a survey or another

 

legal description.

 

     (3) The state administrative board shall transfer the property

 

described in subsection (1) by quitclaim deed for the consideration

 

of $1.00. The deed must be approved as to legal form by the

 

department of attorney general.

 

     (4) The conveyance under this act must contain the following

 

restrictions:

 

     (a) The property must be used exclusively by Northern Michigan

 

University for studies related to forensic anthropology and

 

directly related activities.

 

     (b) The use of the property must not interfere with the use of

 

contiguous or nearby property for correctional purposes by or on

 

behalf of the department of corrections.

 

     (c) Northern Michigan University shall not convey or sell the

 

property to any person other than this state.

 

     (5) The state administrative board shall not reserve oil, gas,

 

or mineral rights to property conveyed under this section. However,

 

the conveyance under this act must provide that, if the grantee or

 

any successor develops any oil, gas, or minerals found on, within,

 

or under the conveyed property, the grantee or any successor must


pay this state 1/2 of the gross revenue generated from the

 

development of the oil, gas, or minerals. A payment under this

 

subsection must be deposited in the general fund.

 

     (6) The conveyance under this act must reserve to this state

 

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 this 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.

 

     (7) If property conveyed under this section was used by this

 

state as a historical monument, memorial, burial ground, park, or

 

protected wildlife habitat area, the grantee shall maintain and

 

protect the property for that purpose in perpetuity in accordance

 

with applicable law.

 

     (8) The state administrative board shall deposit the net

 

revenue received from the sale of property under this section in

 

the state treasury. The state treasurer shall credit the money

 

deposited to the general fund.

 

     (9) If property conveyed under this section is used in a

 

manner that violates any of the restrictions imposed under

 

subsection (4), the grantee shall reconvey the property to this

 

state or this state may reenter and take the property, terminating

 

the grantee's or any successor's estate in the property. An action

 

to regain possession of the property under this section may be

 

brought and maintained by the attorney general on behalf of this

 

state.


     (10) If this state reenters and repossesses property under

 

subsection (9), this state is not liable to reimburse any person

 

for any improvements made on the property or to compensate any

 

person for any part of an unfulfilled contract or license issued to

 

provide goods or services on or for the property.

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