Bill Text: MI HB5571 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Property; conveyances; property in city of Springfield in Calhoun County; eliminate reverter clause. Creates land transfer act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2016-12-31 - Assigned Pa 523'16 With Immediate Effect [HB5571 Detail]
Download: Michigan-2015-HB5571-Engrossed.html
HB-5571, As Passed House, May 26, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5571
A bill to authorize the state administrative board to accept
and convey property in Calhoun County; to prescribe conditions for
the acceptance and conveyance of the property; and to provide for
disposition of revenue.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The state administrative board, on behalf of this
state, subject to and contingent upon the conveyance of the
property to the city of Springfield as provided in section 3, may
accept from the city of Springfield, for consideration of $1.00,
the following real property:
A parcel of land located in section 5 of Battle Creek Township,
Calhoun County, Michigan, T2S, R8W, described as follows:
The E 1/2 of the NE 1/4 of Section 5, except the N 495 feet
thereof, also except a parcel described as commencing on the NE
corner of section 5, thence S 89°47'10" W 1323.85 feet, thence S
00°33'25" E 495 feet to the point of beginning, thence S 00°33'25"
E 602.35 feet, thence S 86°56'25" E 397.75 feet, thence S 00°33'25"
E 70.58 feet, thence S 77°39'25" E 210.18 feet, thence N 89°26'33"
E 74.45 feet, thence N 00°33'25" W 740.89 feet, S 89°47'10" W
676.30 feet to the point of beginning.
Also, commencing on the E 1/8 line 1097.35 feet S of the N section
line, thence S 86°56'25" E 397.75 feet, thence S 00°33'25" E 70.58
feet, thence S 77°39'25" E 210.18 feet, thence S 00°33'25" E 287.20
feet, thence N 86°56'25" W 603.05 feet to the E 1/8 line, thence N
00°33'25" W 391.75 feet to the point of beginning.
Sec. 2. The description of the property in section 1 is
approximate and for purposes of the conveyances in this act is
subject to adjustment as the state administrative board or attorney
general considers necessary by survey or other legal description.
Sec. 3. The state administrative board, on behalf of this
state, after receiving the conveyance authorized in section 1,
shall reconvey to the city of Springfield, for consideration of
$1.00, the real property described in section 1.
Sec. 4. The reconveyance under section 3 must state that the
possibility of reverter held by this state and created by 1969 PA
50 and 1974 PA 267 and any conveyance made in accordance with those
acts is released. That possibility of reverter is that the land is
to be used for health care facilities and that on termination of
that use or on use for another purpose the land reverts to this
state.
Sec. 5. The reconveyance under section 3 shall not reserve the
mineral rights to this state; however, the conveyance shall provide
that if the grantee or any successor or assignee, including a
lessee, derives any revenue from the development of any minerals
found on, within, or under the conveyed property, the grantee,
successor, or assignee shall pay 1/2 of that revenue to this state,
for deposit in the state general fund.
Sec. 6. The reconveyance under section 3 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.
Sec. 8. (1) If property conveyed under this act is used in a
manner that violates any of the restrictions imposed under sections
5 or 6, 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.
(2) If this state reenters and repossesses property under
subsection (1), 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.
Sec. 9. The reconveyance under section 3 shall be by quitclaim
deed or other instrument approved by the attorney general.
