HOUSE BILL No. 5079
September 23, 1997, Introduced by Rep. Jelinek and referred to the Committee on Regulatory Affairs. A bill to authorize the department of natural resources to convey certain state owned property in Berrien county; to pre- scribe conditions for the conveyance; and to provide for disposi- tion of the revenue from the conveyance. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. The department of natural resources, on behalf of 2 the state, may convey to the city of New Buffalo, for considera- 3 tion of $1.00, certain real property under the jurisdiction of 4 the department of natural resources and located in the township 5 of New Buffalo, Berrien county, Michigan, and further described 6 as follows: 7 Tract No. 100 8 That part of Section 9, Township 8 South, Range 21 West 9 in City of New Buffalo, in Berrien County, Michigan, 10 which is described as follows: 04145'97 DRM 2 1 Beginning at the intersection of the Northerly line of 2 Water Street and the Westerly line of Whittaker Avenue in 3 said City of New Buffalo; thence 59ø 15' West along the 4 Northerly right of way line of Water Street for 305.50 5 feet; thence North 30ø 45' West to the Southerly bank of 6 the New Buffalo Marina Channel as now established; thence 7 Northeasterly along said Southerly bank and extension of 8 said bank to the thread of the Galien River; thence 9 Southerly and Easterly along said thread of the Galien 10 River to its intersection with the Westerly line of 11 Wittaker Avenue; and thence South 30ø 45' 00" East along 12 said Westerly line of Whittaker Avenue to the Point of 13 Beginning; and containing 4.05 acres more or less. 14 Subject to easements and use restrictions of records and further 15 subject to: 16 a channel improvement easement reserving to the United 17 States a perpetual and assignable right and easement to 18 construct, operate, and maintain channel improvement 19 works for the purposes authorized by the Act of Congress 20 approved October 23, 1962 (P.L. 87-874) including the 21 right to clear, cut, fell, remove, and dispose of any and 22 all timber, trees, underbrush, buildings, improvements 23 and/ or other obstructions therefrom; to excavate, 24 dredge, cut away, and remove any or all of said land and 25 to place thereon dredge or spoil material; and for such 26 other purposes as may be required in connection with said 27 work of improvement; on, over, and is that part of New 04145'97 3 1 Buffalo Township, Berrien County, Michigan described as 2 follows: 3 That part of Section 9, Township 8 South, Range 21 West, 4 City of New Buffalo, Berrien County, Michigan, described 5 as commencing at the intersection of the Northerly line 6 of Water Street and the Westerly line of Whittaker Street 7 in said City of New Buffalo; thence measure N. 30ø 45' 8 W. 246.88 feet; thence measure S. 60ø W. 47.26 feet to 9 the true Place of Beginning of this description; thence 10 continue S. 60ø W. 80 feet; thence S. 30ø E. 34.35 feet 11 thence continue S. 60ø W. 80 feet; thence S. 30ø E. 34.35 12 feet thence N. 60ø E. 80.00 feet; N. 30ø W. 34.35 feet to 13 the Place of Beginning. This exception containing 0.0631 14 acres more or less. 15 Also, part of said Section 9, described as commencing at 16 said intersection of the northerly line of Water Street 17 and the Westerly line of Whittaker Street in said City of 18 New Buffalo; thence measure N. 30ø 45' W. 246.88 feet; 19 thence measure S. 60ø W. 127.26 feet; thence measure 20 N. 30ø W. 371.26 feet to the true Place of Beginning of 21 this description; thence continue N. 30ø W. 62.61 feet; 22 thence N. 50ø 20' E. 10.34 feet; thence S. 21ø 65.14 feet 23 to the place of Beginning. This exception containing 24 0.0073 acres more of less. 25 Said premises are conveyed subject to existing easements for 26 public roads, public highways, public utilities, railroads, 04145'97 4 1 pipelines and other utilities as now located over and across the 2 above described tract. 3 Sec. 2. The conveyance authorized by this act shall provide 4 for both of the following: 5 (a) That the property shall be used exclusively for public 6 harbor purposes and shall be open to all residents of the state 7 on the same terms, fees, and conditions; and that upon termina- 8 tion of that use or use for any other purpose, the state may 9 reenter and repossess the property, terminating the grantee's 10 estate in the property. 11 (b) That if the grantee disputes the state's exercise of its 12 right of reentry and fails to promptly deliver possession of the 13 property to the state, the attorney general, on behalf of the 14 state, may bring an action to quiet title to, and regain posses- 15 sion of, the property. 16 Sec. 3. The conveyance authorized by this act shall be by 17 quitclaim deed approved by the attorney general and shall reserve 18 to the state all rights to coal, oil, gas, and other minerals, 19 excluding sand, gravel, clay, or other nonmetallic minerals found 20 on or under the property conveyed. 21 Sec. 4. The revenue received under this act shall be depos- 22 ited in a restricted account held by the department of natural 23 resources. 04145'97 Final page. DRM