Bill Text: MI SB1558 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Property; conveyances; transfer of certain state-owned property in Genesee county; provide for. Creates land transfer act.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-12-29 - Assigned Pa 0374'10 With Immediate Effect [SB1558 Detail]

Download: Michigan-2009-SB1558-Engrossed.html

SB-1558, As Passed House, December 3, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1558

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to authorize the state administrative board to convey

 

certain state-owned property in Genesee county; to prescribe

 

conditions for the conveyance; to provide for certain powers and

 

duties of certain state departments 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, on behalf of the

 

state, may convey by quitclaim deed all or portions of certain

 

state-owned property now under the jurisdiction of the department

 

of education, commonly known as school for the deaf, and located in

 

the city of Flint, county of Genesee, Michigan, and more

 

particularly described as follows:

 

PARCEL 1

 

A parcel of land located in Sections 8 and 9 of Indian Reservation


 

of 11 Sections at The Grand Traverse on Flint River, City of Flint,

 

Genesee County, Michigan; the surveyed boundary being described as

 

Commencing at the Southwest corner of Section 24, Town 7 North,

 

Range 6 East, City of Flint, Genesee County, Michigan; thence North

 

89°32'40" East along the South line of said Section 24 a distance

 

of 946.72 feet; thence North 00°27'20" West perpendicular to the

 

South line of said Section 24 a distance of 5,249.20 feet to the

 

Northeast corner of The Plat of Woodcroft No. 1 as recorded in

 

Liber 8, Pages 34-36 of Genesee County Records; thence South

 

21°28'40" East (recorded South 20°37'00" East) along the Easterly

 

line of said Woodcroft No. 1 a distance of 50.78 feet to the

 

Southerly right of way line of Miller Road; thence North 58°29'55"

 

East along the Southerly right of way line of Miller Road (recorded

 

as North 58°51'00" East) a distance of 304.66 feet to the Easterly

 

right of way line of Hammerberg Road and the point of beginning of

 

this description; thence South 21°35'20" East along the Easterly

 

line of Hammerberg Road (recorded South 21°07'00" East) a distance

 

of 1150.36 feet; thence North 58°19'10" East a distance of 980.29

 

feet; thence North 50°35'15" East a distance of 217.02 feet; thence

 

North 83°13'45" East a distance of 16.81'; thence North 02°55'00"

 

West a distance of 21.62 feet; thence North 12°38'30" West a

 

distance of 54.56 feet; thence North 22°32'00 West a distance of

 

144.46 feet; thence North 00°57'35" East a distance of 65.50 feet;

 

thence North 09°38'00" East a distance of 64.53 feet; thence North

 

12°15'20" East a distance of 38.60 feet; thence on a non-tangent

 

curve to the right a distance of 71.75 feet, said curve having a

 

central angle of 20°33'14", a radius of 200.00 feet, a chord of


 

71.36 feet bearing North 22°19'20" East; thence North 38°38'05"

 

East a distance of 128.98 feet; thence North 45°27'15" East a

 

distance of 91.14 feet; thence North 53°20'00" East a distance of

 

116.37 feet; thence North 21°12'15" East a distance of 46.87 feet;

 

thence North 46°13'40" East a distance of 161.79 feet; thence North

 

82°23'50" East a distance of 95.46 feet; thence South 69°44'00"

 

East distance of 82.39 feet; thence South 49°58'35" East a distance

 

of 117.53 feet; thence North 73°41'15" East a distance of 104.52

 

feet; thence South 67°27'45"East a distance of 58.44 feet; thence

 

on a non-tangent curve to the left a distance of 72.42 feet, said

 

curve having a central angle of 23°42'32", a radius of 175.00 feet,

 

a chord of 71.90 feet bearing South 80°57'30" East; thence North

 

87°47'40" East a distance of 28.22 feet; thence North 52°53'30"

 

East a distance of 75.71 feet; thence on a non-tangent curve to the

 

left a distance of 129.04 feet, said curve having a central angle

 

of 49°17'21", a radius of 150.00 feet, a chord of 125.10 feet

 

bearing North 28°51'20" East; thence North 07°13'25" East a

 

distance of 92.16 feet; thence North 01°22'00" East a distance of

 

22.55 feet; thence North 03°00'45" West a distance of 88.50 feet

 

thence North 07°43'45" East a distance of 66.36 feet; thence North

 

25°24'15" West a distance of 44.43 feet; thence on a non-tangent

 

curve to the right a distance of 69.55 feet, said curve having a

 

central angle of 49°48'33", a radius of 80.00 feet, a chord of

 

67.38 feet bearing North 22°31'00" East; thence South 72°39'00"

 

East a distance of 53.51 feet; thence North 43°01'10" East a

 

distance of 42.54 feet; thence North 20°45'40" East a distance of

 

44.59 feet; thence North 09°05'35" East a distance of 35.35 feet;


 

thence North 21°02'35" East a distance of 63.16 feet; thence North

 

29°01'30" East a distance of 18.38 feet; thence North 17°03'10"

 

East a distance of 25.95 feet; thence North 22°18'55" East a

 

distance of 67.21 feet; thence North 28°24'35" East a distance of

 

66.38 feet; thence North 45°31'25" East a distance of 62.69 feet to

 

a point on the Westerly line of the Fenton and Bishop's Plat of

 

Outlots as recorded in Liber 14, Page 38 of Plats, Genesee County

 

Records; thence North 21°32'22" West along said Westerly line a

 

distance of 394.56 feet to a point on the Southerly right of way

 

line of Court Street; thence South 58°28'55" West along the

 

Southerly right of way line of Court Street (recorded South

 

58°50'00" West) a distance of 116.00 feet; thence South 31°31'05"

 

East perpendicular to the Southerly right of way line of Court

 

Street a distance of 343.24 feet; thence South 21°37'55" West a

 

distance of 186.15 feet; thence North 44°41'55" West a distance of

 

154.71 feet; thence South 60°59'50" West a distance of 28.99 feet;

 

thence North 59°50'20" West a distance of 70.27 feet; thence North

 

31°51'45" West a distance of 291.12 feet to a point on the

 

Southerly right of way line of Court Street; thence South 58°28'55"

 

West along the Southerly line of Court Street a distance of 66.34

 

feet; thence North 89°53'35" West along the Southerly line of Court

 

Street (recorded North 89°32'30" West) a distance of 827.56 feet;

 

thence South 51°15'25" West along the Southerly right of way line

 

of Miller Road (recorded South 51°36'30" West) a distance of 144.67

 

feet; thence on a curve to the left along the Southerly right of

 

way line of Miller Road a distance of 318.36 feet, said curve

 

having a central angle of 31°03'37", a radius of 587.27 feet a


 

chord of 314.48 feet bearing South 35°43'40" West (recorded South

 

36°04'45" West); thence South 20°11'55" West along the Southerly

 

right of way line of Miller Road a distance of 244.83 feet

 

(recorded South 20°33'00" West 244.83 feet); thence on a curve to

 

the right along the Southerly right of way line of Miller Road a

 

distance of 459.42 feet, said curve having a central angle of

 

38°18'00", a radius of 687.27 feet, a chord of 450.91 feet bearing

 

South 39°20'55" West (recorded South 39°42'00" West); thence South

 

58°29'55" West a distance of 807.72 feet (recorded South 58°51'00"

 

West) to the point of beginning of this description.

 

Appurtenant to said parcel is an easement for purposes of ingress

 

and egress more particularly described as: A parcel of land located

 

in Section 8 of Indian Reservation of 11 Sections at The Grand

 

Traverse on Flint River, City of Flint, Genesee County, Michigan;

 

the surveyed boundary being described as Commencing at the

 

Southwest corner of Section 24, Town 7 North, Range 6 East, City of

 

Flint, Genesee County, Michigan; thence North 89°32'40" East along

 

the South line of said Section 24 a distance of 946.72 feet; thence

 

North 00°27'20" West perpendicular to the South line of said

 

Section 24 a distance of 5,249.20 feet to the Northeast corner of

 

The Plat of Woodcroft No. 1 as recorded in Liber 8, Pages 34-36 of

 

Genesee County Records; thence North 58°29'55" East a distance of

 

1103.54 feet along the centerline of Miller Road as established by

 

the Michigan Department of Transportation (recorded as North

 

58°51'00" East, 1103.54 feet); thence continuing along said

 

centerline on a curve to the left 426.00 feet, said curve having a

 

central angle of 38°18'00", a radius of 637.27 feet, a chord of


 

418.11 feet bearing North 39°20'55" East (recorded as radius of

 

637.27 feet, chord 418.10 feet bearing North 39°42'00" East);

 

thence North 20°11'55" East continuing along said centerline a

 

distance of 244.83 feet (recorded as North 20°33'00" East 244.83

 

feet); thence continuing on said centerline on a curve to the right

 

345.46 feet, said curve having a central angle of 31°03'35", a

 

radius of 637.27 feet, a chord of 341.25 feet bearing North

 

35°43'40" East (recorded as radius of 637.27 feet, chord 341.23

 

feet bearing North 36°04'45" East); thence North 51°15'25" East

 

continuing along said centerline a distance of 162.30 feet

 

(recorded as North 51°36'30" East 158.66 feet) to a point on the

 

centerline of Court Street as established by the Michigan

 

Department of Transportation; thence South 89°53'35" East along the

 

centerline of said Court Street a distance of 831.03 feet (recorded

 

as South 89°32'30" East 837.65 feet); thence North 58°28'55" East

 

along the centerline of said Court Street a distance of 52.18 feet

 

(recorded as North 58°50'00" East); thence South 31°51'45" East a

 

distance of 291.12 feet (recorded South 31°10'00" East); thence

 

South 59°50'20" East a distance of 70.27 feet (recorded as South

 

59°08'34" East 70.27 feet); thence North 60°59'50" East a distance

 

of 28.99 feet (recorded as North 61°41'37" East 28.99 feet); thence

 

South 44°41'55" East a distance of 12.98 feet (recorded as South

 

44°00'10" East 12.98 feet) to the place of beginning of this

 

easement description; said easement being 25 feet in width being

 

12.5 feet each side of the following described centerline; thence

 

South 60°59'50" West a distance of 39.60 feet (recorded as South

 

61°41'37" West 39.60 feet); thence North 59°50'20" West a distance


 

of 170.43 feet (recorded as North 59°08'34" West 170.43 feet);

 

thence on a curve to the left a distance of 53.88 feet, said curve

 

having a central angle of 61°44'28", a radius of 50.00 feet, a

 

chord of 51.31 feet bearing South 89°17'25" West (recorded as a

 

curve with a radius of 50.00 feet with a chord of 51.31 feet

 

bearing South 89°59'08" West); thence South 58°25'05" West a

 

distance of 112.72 feet (recorded as South 59°06'51" West 112.72

 

feet) to the place of ending.

 

Said parcel also subject to an easement for ingress and egress more

 

particularly described as a parcel of land located in Section 8 of

 

Indian Reservation of 11 Sections at The Grand Traverse on Flint

 

River, City of Flint, Genesee County, Michigan; the surveyed

 

boundary being described as Commencing at the Southwest corner of

 

Section 24, Town 7 North, Range 6 East, City of Flint, Genesee

 

County, Michigan; thence North 89°32'40" East along the South line

 

of said Section 24 a distance of 946.72 feet; thence North

 

00°27'20" West perpendicular to the South line of said Section 24 a

 

distance of 5,249.20 feet to the Northeast corner of The Plat of

 

Woodcroft No. 1 as recorded in Liber 8, Pages 34-36 of Genesee

 

County Records; thence North 58°29'55" East a distance of 1103.54

 

feet along the centerline of Miller Road as established by the

 

Michigan Department of Transportation (recorded as North 58°51'00"

 

East, 1103.54 feet); thence continuing along said centerline on a

 

curve to the left 426.00 feet, said curve having a central angle of

 

38°18'00", a radius of 637.27 feet, a chord of 418.11 feet bearing

 

North 39°20'55" East (recorded as radius of 637.27 feet, chord

 

418.10 feet bearing North 39°42'00" East); thence North 20°11'55"


 

East continuing along said centerline a distance of 244.83 feet

 

(recorded as North 20°33'00" East 244.83 feet); thence continuing

 

on said centerline on a curve to the right 345.46 feet, said curve

 

having a central angle of 31°03'35", a radius of 637.27 feet, a

 

chord of 341.25 feet bearing North 35°43'40" East (recorded as

 

radius of 637.27 feet, chord 341.23 feet bearing North 36°04'45"

 

East); thence North 51°15'25" East continuing along said centerline

 

a distance of 162.30 feet (recorded as North 51°36'30" East 158.66

 

feet) to a point on the centerline of Court Street as established

 

by the Michigan Department of Transportation; thence South

 

89°53'35" East along the centerline of said Court Street a distance

 

of 730.58 feet (recorded as South 89°32'30" East 737.07 feet) to

 

the point of beginning of this easement description, said easement

 

being 25 feet in width being 12.5 feet each side of following

 

described centerline; thence South 00°14'15" East a distance of

 

57.31 feet (recorded as South 00°27'30" West 60.00 feet); thence

 

South 17°03'30" East a distance of 176.42 feet (recorded as South

 

16°21'46" East 176.42 feet); thence South 00°08'30" East a distance

 

of 223.22 feet (recorded as South 00°33'18" West 223.22 feet) to

 

the point of ending of this centerline description.

 

PARCEL 2

 

Property commonly referred to as Brown Hall described as follows: A

 

parcel of land located in Section 8 of Indian Reservation of 11

 

Sections at near The Grand Traverse on Flint River, City of Flint,

 

Genesee County, Michigan; the surveyed boundary being described as

 

commencing at the Southwest corner of Section 24, Town 7 North,

 

Range 6 East, City of Flint, Genesee County, Michigan; thence North


 

89˚32'40" East along the South line of said Section 24 a distance

 

of 946.72 fee; thence North 00˚27'20" West perpendicular to the

 

South line of said Section 24 a distance of 5,249.20 feet to the

 

Northeast corner of The Plat of Woodcroft No. 1 as recorded in

 

Liber 8, Pages 34-36 of Genesee County Records; thence North

 

58˚29'55" East a distance of 1,103.54 feet along the centerline of

 

Miller Road as established by the Michigan Department of

 

Transportation (recorded as North 58˚51'00" East, 1,103.54 feet);

 

thence continuing along said centerline on a curve to the left

 

426.00 feet, said curve having a central angle of 38˚18'00", a

 

radius of 637.27 feet, a chord of 418.11 feet bearing North

 

39˚20'55" East (recorded as radius of 637.27 feet, chord 418.10

 

feet bearing North 39˚42'00"East); thence North 20˚11'55" East

 

continuing along said centerline a distance of 244.83 feet

 

(recorded as North 20˚33'00" East 244.83 feet); thence continuing

 

on said centerline on a curve to the right 345.46 feet, said curve

 

having a central angle of 31˚03'35", a radius of 637.27 feet, a

 

chord of 341.25 feet bearing North 35˚43'40" East (recorded as

 

radius of 637.27 feet, chord 341.23 feet bearing North 36˚04'45"

 

East); thence North 51˚15'25" East continuing along said centerline

 

a distance of 162.30 feet (recorded as North 51˚36'30" East 158.66

 

feet) to a point on the centerline of Court Street as established

 

by the Michigan Department of Transportation; thence South

 

89˚53'35" East along the centerline of said Court Street a distance

 

of 831.03 feet (recorded as South 89˚32'30" East 837.65 feet);

 

thence North 58˚28'55" East along the centerline of said Court

 

Street a distance of 52.18 feet (recorded as North 58˚50'00" East);


 

thence South 31˚51'45" East a distance of 50.00 feet to the

 

Southerly right of way line of Court Street and the point of

 

beginning of his description; thence North 58˚28'55" East along the

 

Southerly line of Court Street (recorded as North 58˚50'00" East) a

 

distance of 248.00 feet; thence South 31˚31'05" East perpendicular

 

to the Southerly right of way line of Court Street a distance of

 

343.24 feet; thence South 21˚37'55" West a distance of 186.15 feet;

 

thence North 44˚41'55" West a distance of 154.71 feet (recorded as

 

North 44˚00'10" West 154.71 feet); thence South 60˚59'50" West a

 

distance of 28.99 feet (recorded as South 61˚41'37" West 28.99

 

feet); thence North 59˚50'20" West a distance of 70.27 feet

 

(recorded as North 59˚08'34" West 70.27 feet); thence North

 

31˚51'45" West a distance of 241.12 feet (recorded as North

 

31˚10'00" West) to the point of the beginning; said parcel

 

containing 2.086 acres.

 

PARCEL 3

 

Property commonly referred to as Happy Hollow described as follows: 

 

A parcel of land located in part of Sections 8 & 9 of Indian

 

Reservation of Eleven Sections at and Near the Grand Traverse on

 

Flint River Described as: Commencing at the Southwest Corner of

 

section 24, T7N, R6E; thence North 89°32'40" East along the south

 

line of said section 24, 1684.47 feet; thence North 00°27'20" West

 

perpendicular to the south line of said section 24, 4172.06 feet to

 

a point on the northerly right-of-way line of limited access

 

Highway I-69 at the intersection of the easterly right-of-way line

 

of Hammerberg Road and point of beginning of this description;

 

thence North 21°28'00" West along the easterly line of Hammerberg


 

Road, 122.00 feet; thence North 58°19'10" East, 980.29 feet; thence

 

North 50°35'15" East, 217.02 feet; thence North 83°13'45" East,

 

16.81 feet; thence North 02°55'00" West, 21.62 feet; thence North

 

12°38'30" West, 54.56 feet; thence North 22°32'00" West, 144.46

 

feet; thence North 00°57'35" East, 65.50 feet; thence North

 

09°38'00" East, 64.53 feet; thence North 12°15'20" East, 38.60

 

feet; thence on a non-tangent curve to the right 71.75 feet; said

 

curve having a central angle of 20°33'14 section, a radius of

 

200.00 feet, a chord of 71.36 feet, bearing North 22°19'20" East;

 

thence North 38°38'05" East, 128.98 feet; thence North 45°27'15"

 

East, 91.14 feet; thence North 53°20'00" East, 116.37 feet; thence

 

North 21°12'15" East, 46.87 feet; thence North 46°13'40" East,

 

161.79 feet; thence North 82°23'50" East, 95.46 feet; thence South

 

69°44'00" East, 82.39 feet; thence South 49°58'35" East, 117.53

 

feet; thence North 73°41'15" East, 104.52 feet; thence South

 

67°27'45" East, 58.44 feet; thence on a non-tangent curve to the

 

left 72.42 feet, said curve having a central angle of 23°42'32", a

 

radius of 175.00 feet, a chord of 71.90 feet, bearing South

 

80°57'30" East; thence North 87°47'40" East, 28.22 feet; thence

 

North 52°53'30" East, 75.71 feet; thence on a non-tangent curve to

 

the left 129.04 feet, said curve having a central angle of

 

49°17'21", a radius of 150.00 feet, a chord of 125.10 feet bearing

 

North 28°51'20" East; thence North 07°13'25" East, 92.16 feet;

 

thence North 01°22'00" East, 22.55 feet; thence North 03°00'45"

 

West, 88.50 feet; thence North 07°43'45" East, 66.36 feet; thence

 

North 25°24'15" West, 44.43 feet; thence on a non-tangent curve to

 

the right 69.55 feet, said curve having a central angle of


 

49°48'33", a radius of 80.00 feet, a chord of 67.38 feet, bearing

 

North 22°31'00" East; thence South 72°39'00" East, 53.51 feet;

 

thence North 43°01'10" East, 42.54 feet; thence North 20°45'40"

 

East 44.59 feet; thence North 09°05'35" East, 35.35 feet; thence

 

North 21°02'35" East, 63.16 feet; thence North 29°01'30" East,

 

18.38 feet; thence North 17°03'10" East, 25.95 feet; thence North

 

22°18'55" East, 67.21 feet; thence North 28°24'35" East, 66.38

 

feet; thence North 45°31'25" East, 62.69 feet to a point on the

 

westerly line of FENTON & BISHOP'S PLAT OF OUTLOTS; thence South

 

21°32'20" East along said westerly line, 206.27 feet; thence South

 

15°46'40" West, 135.65 feet; thence South 49°04'20" East, 114.55

 

feet; thence South 23°03'00" East, 102.31 feet; thence South

 

12°03'20" East, 182.96 feet; thence South 14°25'30" West, 122.84

 

feet; thence South 57°01'55" West, 39.82 feet; thence South

 

23°10'20" West, 63.88 feet; thence South 21°12'45" East along the

 

westerly line of Michigan DOT Draining right-of-way, 560.00 feet to

 

the northerly right-of-way of Highway I-69; thence South 68°47'15"

 

West along the northerly right-of-way of Highway I-69, 610.97 feet;

 

thence South 61°41'12" West along the northerly right-of-way of

 

Highway I-69, 534.91 feet; thence South 21°28'05" East along the

 

northerly right-of-way of Highway I-69, 40.29 feet; thence South

 

61°41'12" West along the northerly right-of-way of Highway I-69,

 

50.36 feet; thence North 21°28'05" West along the northerly right-

 

of-way of Highway I-69, 113.31 feet; thence South 68°31'55" West

 

along the northerly right-of-way of Highway I-69, 1539.58 feet to

 

the point of beginning of this description.

 

     (2) The description of the property in subsection (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 other legal description.

 

     (3) The property described in subsection (1) shall only

 

include surplus, salvage, and scrap property or equipment

 

identified by the department of education and school for the deaf

 

as being included.

 

     (4) The fair market value of the property described in

 

subsection (1) shall be determined by an appraisal prepared for the

 

department of technology, management, and budget by an independent

 

appraiser.

 

     (5) Subject to subsection (6), the director of the department

 

of technology, management, and budget shall take the necessary

 

steps to prepare to convey the property described in subsection (1)

 

using any of the following at any time:

 

     (a) Competitive bidding designed to realize the best value to

 

the state, as determined by the department of technology,

 

management, and budget.

 

     (b) A public auction designed to realize the best value to the

 

state, as determined by the department of technology, management,

 

and budget.

 

     (c) Real estate brokerage services designed to realize the

 

best value to the state, as determined by the department of

 

technology, management, and budget.

 

     (d) A value for value conveyance negotiated by the department

 

of technology, management, and budget designed to realize the best

 

value to the state. In determining whether value for value


 

consideration for the property represents the best value, the

 

department may consider the fair market value or the total value

 

based on any positive economic impact to the state likely to be

 

generated by the proposed use of the property, especially economic

 

impact resulting in the creation of jobs or increased capital

 

investment in the state.

 

     (e) Offering the property for sale for fair market value to a

 

local unit or units of government.

 

     (f) Offering the property for sale for less than fair market

 

value to a local unit or units of government, subject to subsection

 

(9).

 

     (g) Transferring or conveying the property to the land bank

 

fast track authority established under the land bank fast track

 

act, 2003 PA 258, MCL 124.751 to 124.774, for an amount of

 

consideration the director considers proper, fair, and valuable,

 

including a transfer or conveyance for no monetary consideration.

 

     (6) Before offering the property described in section 1 for

 

public sale, the director of the department of technology,

 

management, and budget shall first offer the property described in

 

subsection (1), or any portion of that property, to Lurvey White

 

Ventures 1, LLC for consideration of not less than $1,300,000.00,

 

for the construction and renovation of a new school for the deaf,

 

subject to subsection (7). Lurvey White Ventures 1, LLC shall have

 

the first right to purchase the property for a period of 180 days

 

after the effective date of this act. Conveyance of any portion of

 

the property to Lurvey White Ventures 1, LLC shall be subject to

 

the conditions prescribed in subsection (7) and is contingent upon


 

Lurvey White Ventures 1, LLC entering into lease number 11530 with

 

the state for possession of a portion of the property of

 

approximately 120,000 usable square feet of space, with an initial

 

annual base rent not to exceed $2,060,000.00 for the department of

 

education for the purpose of providing school facilities for

 

educating the deaf.

 

     (7) Any conveyance of the property to Lurvey White Ventures 1,

 

LLC authorized by subsection (6) shall provide for all of the

 

following:

 

     (a) The property shall continue to be used exclusively for

 

education or education-related purposes.

 

     (b) Lurvey White Ventures 1, LLC shall reimburse the state for

 

requested costs necessary to prepare the property for conveyance.

 

     (c) The property shall be developed according to proposed and

 

approved specifications of the school for the deaf presented to the

 

department of technology, management, and budget, within 1 year of

 

the effective date of this legislation.

 

     (d) Proof shall be provided to the department of technology,

 

management, and budget of the financial ability to complete the

 

project as proposed.

 

     (e) Proposed project construction and occupancy must be

 

completed within 3 years of the effective date of this act.

 

     (f) In the event of an activity inconsistent with subdivision

 

(a), (c), (d), or (e), the state may reenter and repossess the

 

property, terminating the grantee's or successor's estate in the

 

property.

 

     (g) If the grantee or successor 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.

 

     (h) 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.

 

     (8) If the property is conveyed to Lurvey White Ventures 1,

 

LLC according to subsection (6), and if Lurvey White Ventures 1,

 

LLC intends to convey the property within 7 years after the

 

conveyance from the state, Lurvey White Ventures 1, LLC shall

 

provide notice to the department of technology, management, and

 

budget of its intent to offer the property for sale. The department

 

of technology, management, and budget shall retain a right to first

 

purchase the property, or any portion of the property being

 

offered, at the original sale price, or if a partition of the

 

property is being offered, the prorated sale price, within 90 days

 

of the notice. If the state waives its first refusal right, Lurvey

 

White Ventures 1, LLC shall pay to the state 40% of the difference

 

between the sale price of the conveyance from the state and the

 

sale price of the subsequent sale or sales to a third party.

 

     (9) Any conveyance for less than fair market value authorized

 

by subsection (5)(f) shall provide for all of the following:

 

     (a) 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, all members of


 

the public shall be subject to the same fees, terms, conditions,

 

and waivers.

 

     (b) In the event of an activity inconsistent with subdivision

 

(a), the state may reenter and repossess the property, terminating

 

the grantee's or successor's estate in the property.

 

     (c) If the grantee or successor 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 grantee shall reimburse the state for requested costs

 

necessary to prepare the property for conveyance.

 

     (f) If the local unit of government grantee intends to convey

 

the property, or any portion of the property, within 7 years after

 

the conveyance from the state, the grantee shall provide notice to

 

the department of technology, management, and budget of its intent

 

to offer the property for sale. The department of technology,

 

management, and budget shall retain a right to first purchase the

 

property at the original sale price, or if a partition of the

 

property is being offered, the prorated sale price, within 90 days

 

after the notice. In the event that the state waives its first

 

refusal right, the local unit of government shall pay to the state

 

40% of the difference between the sale price of the conveyance from

 

the state and the sale price of the local unit's subsequent sale or


 

sales to a third party.

 

     (10) The department of attorney general shall approve as to

 

legal form the quitclaim deed authorized by this section.

 

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

 

to the property conveyed under this section. However, the

 

conveyance authorized under this section 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 50% of the gross revenue generated from

 

the development of the oil, gas, or minerals. This payment shall be

 

deposited in the general fund.

 

     (12) 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.

 

     (13) The net revenue received from the sale of property under

 

this section shall be used first to retire outstanding debt

 

financed by the state building authority for the residential

 

facility on the property. Any funds remaining will then be used to

 

reimburse any money that has been financed by the state building

 

authority for special maintenance projects on the property. Any

 

funds remaining shall be deposited in the state treasury and

 

credited to the general fund. As used in this section, "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, administrative costs,

 

including employee wages, salaries, and benefits; costs of reports

 

and studies and other materials necessary to the preparation of

 

sale; environmental remediation; legal fees; and any litigation

 

related to the conveyance of the property.

 

     (14) Contingent upon the conveyance of the property as

 

authorized in subsection (6) and with the approval of the state

 

administrative board, the department of technology, management, and

 

budget is authorized to enter into a lease for possession of a

 

portion of the property of approximately 120,000 usable square feet

 

of space, with an initial annual base rent not to exceed

 

$2,060,000.00, for the department of education for the purpose of

 

providing school facilities for educating the deaf. All documents

 

regarding the lease shall be approved as to legal form by the

 

attorney general. The initial lease entered into under this

 

subsection is exempt from the requirement of joint capital outlay

 

subcommittee approval under section 221(3) of the management and

 

budget act, 1984 PA 431, MCL 18.1221.

feedback