November 28, 2006, Introduced by Reps. Lipsey, Hoogendyk, Wenke and Alma Smith and referred to the Committee on Regulatory Reform.
A bill to authorize the state administrative board to convey
certain state owned property in Kalamazoo county; to prescribe
conditions for the conveyance; and to provide for disposition of
revenue derived from the conveyance.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The state administrative board, on behalf of the
state, may convey by quitclaim deed to western Michigan university,
for consideration of $1.00, certain state owned property now under
the jurisdiction of the department of corrections and located in
the city of Kalamazoo, county of Kalamazoo, Michigan, containing
approximately 2.55 acres, and more particularly described as
follows:
A parcel of land in the SW1/4 of Section 21, T2S, R11W, City of
Kalamazoo, Kalamazoo County, Michigan, and more particularly
described as commencing at the S1/4 corner of said Section 21;
thence S89°48'12"W 1,564.12 feet, on the south line of said Section
21 to the centerline of Oakland Drive; thence N22°47'00"E 258.39
feet, on the centerline of Oakland Drive; thence N79°05'07"W 33.72
feet, to the point of beginning of this description and westerly
right-of-way of Oakland Drive; thence N79°05'07"W 488.27 feet;
thence S00°17'51"W 270.00 feet, to the northerly right-of-way of
Howard Street; thence S78°11'48"E 32.94 feet, on said right-of-way;
thence 293.13 feet on the arc of a curve to the left whose central
angle is 12°00'00", radius of 1,399.40 feet and a long chord
bearing and distance of S84°29'48"E 292.60 feet, on said right-of-
way; thence N89°48'12"E 68.27 feet, on said right-of-way to the
westerly right-of-way of Oakland Avenue; thence N22°47'00"E 230.06
feet, on said right-of-way to the point of beginning, containing
2.55 acres, more or less. All bearings are relative and referenced
to previous surveys/descriptions of Kalamazoo Regional Psychiatrict
Hospital properties.
Sec. 2. 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 other legal description.
Sec. 3. The conveyance authorized by this act shall provide
for all of the following:
(a) The property shall be used exclusively for a public
purpose, 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 the property,
resident and nonresident members of the public shall be subject to
the same fees, terms, conditions, and waivers.
(b) Upon termination of the use described in subdivision (a)
or use for any other purpose, the state may reenter and repossess
the property, terminating the grantee's estate in the property.
(c) If the 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.
Sec. 4. The department of attorney general shall approve as to
legal form and content the quitclaim deed authorized by this act.
Sec. 5. The state shall not reserve oil, gas, or mineral
rights to the property conveyed under this act. However, the
conveyance 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 natural resources trust fund.
Sec. 6. 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
described in section 1, 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. 7. The revenue received from the sale of property under
this act shall be deposited in the state treasury and credited to
the general fund.