Bill Text: MI SB1098 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Property; conveyances; transfer of certain property in Mt. Pleasant; provide for. Creates land transfer act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-03 - Referred To Committee On Appropriations [SB1098 Detail]
Download: Michigan-2009-SB1098-Introduced.html
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.
