BillCam

SB-1036, As Passed Senate, June 6, 2018

SUBSTITUTE FOR

SENATE BILL NO. 1036

A bill to authorize the department of technology, management,

and budget to convey or transfer parcels of state-owned property in

Ionia, Grand Traverse, and Tuscola Counties; to prescribe

conditions for the conveyances; to provide for the powers and

duties of certain state departments in regard to the property; and

to provide for the disposition of revenue derived from the

conveyances.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) The department of technology, management, and

budget, on behalf of this state, may convey by quitclaim deed or

transfer by affidavit of jurisdictional transfer all or portions of

state-owned properties now under the jurisdiction of the department

of corrections. The properties are described as follows:

(a) Property located in the City of Ionia, County of Ionia,

described as follows:

DEERFIELD CORRECTIONAL FACILITY PARCEL

Parcel of land situated in the City of Ionia, County of Ionia,

State of Michigan, and described as follows to-wit:

That part of the West 1/2 of the Southwest 1/4 of Section 25, T7N-

R7W, City of Ionia, County of Ionia, State of Michigan more

particularly described as: Beginning at the Southwest corner of

said Section 25, Town 7 North, Range 7 West; thence South 8940'53"

East, along the South line of said Section 25, 1319.48 feet to the

West 1/8 line of the Southwest 1/4 of said Section 25 as

monumented; thence N0034'03"E, along said 1/8 line as monumented,

711.67 feet to the extension of the centerline of an asphalt drive;

thence North 2429'14" West, along said centerline and its

extension, 947.46 feet to the south line of a parcel recorded in

Liber 221 Page 522, Ionia County records; thence South 8241'16"

West, along the south line of said parcel 244.38 feet; thence North

1516'14" West, along the west line of said parcel, 310.00 feet to

the south right of way line of Riverside Drive as shown on survey

of Michigan Reformatory and the Ionia State Hospital dated August

13, 1929, thence South 7443'46" West, along said south right of

way line, 450.26 feet; thence, continuing on said south right of

way line, on a 171.20 foot curve to the left, with a radius of

1113.28, and a chord bearing and distance of South 7019'35" West

171.03 feet to the west line of said section 25; thence South

0029'46" West, along said West line of section 25, 1658.38 feet to

the to the Point of Beginning. Parcel contains 46.30 acres of land,

more or less.

SUBJECT TO the public right-of-way of Harwood Road.

ALSO SUBJECT TO all agreements, covenants, easements, rights-of-

way, reservations and restrictions of record, if any.

(b) Property located in Fife Lake Township, Grand Traverse

County, described as follows:

CAMP PUGSLEY PARCEL 1

A parcel of land in the S 1/2 of section 20, T25N, R9W, Fife Lake

Township, Grand Traverse County, Michigan and more particularly

described as beginning at the S 1/4 corner of said section 20;

thence N8959'58"W 2655.76 feet, on the south line of said section

20 to the SW corner of said section 20; thence N0134'22"E 2640.75

feet, on the west line of said section 20 to the W 1/4 corner of

said section 20; thence N8956'07"E 2646.87 feet, on the E-W 1/4

line of said section 20 to the center of said section 20; thence

N8956'07"E 700.01 feet, on the E-W 1/4 line of said section 20;

thence S0122'42"W 2644.06 feet, parallel with the N-S 1/4 line of

said section 20 to the south line of said section 20; thence

S8958'41"W 700.00 feet, on the south line of said section 20 to

the point of beginning.

CAMP TUSCOLA PARCEL A

Property located at 2420 Chambers Road in the Township of Indian

Fields, Tuscola County, Michigan, described as:

A parcel of land in the W. 1/2 of Section 20, T12N, R9E, Tuscola

County, Michigan and more specifically described as commencing at

the southwest corner of said Section 20; thence N0229'58"E 1596.20

feet, on the west line of said Section 20 to the point of beginning

of this description; thence N0229'58"E 188.93 feet, on said west

section line to a point on the east bank of the Cass River; thence

on a meander line on the east high bank of the Cass River on the

next nine calls; thence N4203'45"E 472.98 feet; thence N3109'17"E

592.87 feet; thence N3230'22"E 138.73 feet; thence N2945'45"E

365.86 feet; thence N0416'44"E 686.27 feet; thence N3514'10"E

441.67 feet; thence N1441'05"E 256.84 feet; thence N0528'20"E

254.56 feet; thence N2621'15"E 33.00 feet, to the centerline of

Chambers Road; thence on the centerline of Chambers Road on a curve

to the right 239.49 feet, with a central angle of 0907'26" and a

radius of 1503.96 feet; thence S5431'19"E 28.21 feet, on the

centerline of Chambers road; thence 365.44 feet on a curve to the

right on the centerline of Chambers Road with a central angle of

5750'27" and a radius of 361.99 feet; thence S0319'08"W 1533.95

feet, on the centerline of Chambers Road; thence 476.60 feet on a

curve to the right on the centerline of Chambers Road with a

central angle of 7132'44" and a radius of 381.68 feet; thence

S7451'52"W 532.06 feet, on the centerline of Chambers Road; thence

218.50 feet on a curve to the left on the centerline of Chambers

Road with a central angle of 1623'40" and a radius of 763.61 feet;

thence S5828'12"W 549.53 feet, on the centerline of Chambers Road;

thence 257.37 feet on a curve to the left on the centerline of

Chambers Road with a central angle of 5558'14" and a radius of

263.46 feet, to the point of beginning. The above described parcel

contains 40.09 acres, more or less. In addition, all bottom land

between the above described meander line and the centerline of the

Cass River shall be conveyed with this description. All bearings

are relative and referenced to the west line of Section 20, from a

previously recorded survey in Liber 578, Page 1253, Tuscola County

Records.

All the foregoing is subject to restrictions, reservations, rights-

of-way, and easements of Record. This includes an easement reserved

and retained by the State of Michigan over, upon, and across the

part of the above described parcel for the purposes of accessing,

maintaining, and operating a water well and its appurtenances,

which is further described as follows:

Commencing at the southeast corner of Section 19, T12N, R9E,

Tuscola County, Michigan; thence N9000'00"E 1643.25 feet; thence

N0000'00"E 2580.27 feet, to the point of beginning and centerline

of a 30.00 foot wide strip of land, 15.00 feet either side of the

following described line; thence N8656'53"W 581.28 feet; thence

N3000'26"W 69.62 feet; thence N6205'33"W 87.49 feet to the point

of ending of a 30.00 foot wide strip of land and the point of

beginning of a 135.00 foot wide strip of land, 55.00 feet left and

80.00 feet right of the following described line; thence

N6205'33"W, 174.82 feet, to a point of ending on the east high

bank of the Cass River. All side lines of said described easement

line shall be shortened or lengthened to meet and to close on the

monumented described boundary of said parent parcel.

CAMP TUSCOLA PARCEL B

A parcel of land in the S.E. 1/4 of Section 19, T12N, R9E, Indian

Fields Township, Tuscola County, Michigan and more specifically

described as commencing at the S.E. corner of said Section 19;

thence N0229'58"E 1732.13 feet, on the east line of said Section

19 to the point of beginning; thence N0229'58" 53.00 feet, on the

east line of said section to a point on the easterly high bank of

the Cass River; thence S5502'11"W 688.28 feet, along said high

bank to the northerly right of way of Washburn Road; thence

N7451'02"E 538.67 feet, on said right of way to the westerly right

of way of Chambers Road; thence N0229'58"E 66.40 feet, on said

westerly right of way; thence 141.21 feet on the arc of a curve to

the right, on the westerly right of way of Chambers Road with a

central angle of 2717'28" and a radius of 296.47 feet, to the

point of beginning, containing 1.42 acres, more or less.

CAMP TUSCOLA PARCEL C

A parcel of land in the S.E. 1/4 of Section 19, Tl2N, R9E, Indian

Fields Township, Tuscola County, Michigan and more specifically

described as commencing at the S.E. corner of said Section 19;

thence N8724'11"W 874.10 feet, on the south line of said section;

thence N0000'00"E 1272.44 feet, to a point on the north right of

way of Washburn Road and the point of beginning; thence S8239'08"W

835.36 feet, on the northerly right of way of Washburn Road to a

point on the southeasterly high bank of the Cass River; thence

N5446'13"E 623.54 feet, on the high bank of the Cass River; thence

S5136'42"E 407.19 feet, on the high bank of the Cass River; thence

to the point of beginning, containing 2.80 acres, more or less.

CAMP TUSCOLA PARCEL D

A parcel of land in the S.E. 1/4 of Section 19, T12N, R9E, Indian

Fields Township, Tuscola County, Michigan and more specifically

described as commencing at the S.E. corner of said Section 19;

thence N8724'11"W 33.00 feet, on the south line of said Section 19

to the westerly right of way of Chambers Road and the point of

beginning; thence N0229'58"E 1460.49 feet, on the westerly right

of way of Chambers Road to the southerly right of way of Washburn

Road; thence on the southerly right of way of Washburn Road on the

next eight calls; thence S7451'02"W 517.67 feet; thence 403.88

feet on the arc of a curve to the right with a central angle of

0748'06" and a radius of 2966.08 feet; thence S8239'08"W 835.36

feet; thence 388.87 feet on the arc of a curve to the left with a

central angle of 4627'14" and a radius of 479.63 feet; thence

S3611'54"W 342.84 feet; thence 194.76 feet, on the arc of a curve

to the left with a central angle of 0828'17" and a radius of

1317.22 feet; thence S2743'37"W 397.00 feet; thence 44.10 feet on

the arc of a curve to the left with a central angle of 0224'42"

and a radius of 1047.60 feet to the south line of said Section 19;

thence S8724'11"E 2498.45 feet, on the south line of said section

to the point of beginning, containing 60.57 acres, more or less.

CAMP TUSCOLA PARCEL E

A parcel of land in the N.E. 1/4 of Section 30, T12N, R9E, Indian

Fields Township, Tuscola County, Michigan and more specifically

described as commencing at the N.E. corner of said Section 30;

thence N8724'1l"W 1291.30 feet, on the north line of said Section

30 to the point of beginning; thence N8724'11"W 1207.15 feet, on

the north line of said Section 30 to the easterly right of way of

Washburn Road; thence 72.12 feet on the arc of a curve to the left,

on the easterly right of way of Washburn Road, with a central angle

of 0356'40" and a radius of 1047.60 feet; thence S2122'15"W

276.19 feet, on the easterly right of way of Washburn Road; thence

S8724'11"E 1322.34 feet; thence N0227'54"E 328.93 feet, to the

point of beginning, containing 9.56 acres, more or less. In

addition, all bottom land between the above described high bank

line and the centerline of the Cass River shall be a part of this

description. All bearings are relative and referenced to the west

line of Section 20, from a previously recorded survey in Liber 578,

Page 1253, Tuscola County Records.

ALSO SUBJECT TO all agreements, covenants, easements, right-of-

ways, reservations and restrictions of record, if any.

(2) The department of technology, management, and budget shall

not convey property under this section unless the conveyance and

the terms of the conveyance have been approved by the state

administrative board.

(3) The descriptions of the property in subsection (1) are

approximate and, for purposes of the conveyances, are subject to

adjustments as the department of technology, management, and budget

or the attorney general considers necessary by survey or other

legal description.

(4) Real property conveyed or transferred under this section

includes all surplus, salvage, and personal property or equipment

remaining on the property on the date of the conveyance or

transfer.

(5) The state agency with jurisdiction over the real property

under this section is responsible for all expenses of maintaining

the property until the time of conveyance or transfer.

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

legal form all deeds or affidavits of jurisdictional transfer

authorized by this section.

Senate Bill No. 1036 as amended June 5, 2018

(7) The department of technology, management, and budget may

transfer the property described in subsection (1), with or without

consideration, through jurisdictional transfer to another state

agency. If property is transferred under this subdivision, the

transfer must be made by an affidavit of jurisdictional transfer in

recordable form rather than a quitclaim deed.

(8) The department of technology, management, and budget may

transfer all or portions of the property described in subsection

(1) to the Michigan land bank fast track authority established

under section 15 of the land bank fast track act, 2003 PA 258, MCL

124.765. For properties or portions of properties conveyed to the

Michigan land bank fast track authority, the Michigan land bank

fast track authority shall do both of the following:

(a) Convey the property in accordance with the land bank fast

track act, 2003 PA 258, MCL 124.751 to 124.774.

(b) Deposit the net revenue received by this state or the

Michigan land bank fast track authority from the sale of property

under this subsection into the land bank fast track fund<<.

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

this section must be deposited in the state treasury and credited

to the general fund, except as provided otherwise under subsection

(8).

(10) This 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 this state 1/2 of the gross revenue generated

from the development of the oil, gas, or minerals. This payment

must be deposited in the general fund.

(11) This 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

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.

(12) If property conveyed under this section was used by this

state as a historical monument, memorial, burial ground, park, or

protected wildlife habitat area, it must be maintained and

protected for that purpose in perpetuity in accordance with

applicable law.

(13) If the property is used for any purpose that is

inconsistent with any restrictions under subsection (10), (11), or

(12), this state may reenter and repossess the property,

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

(14) The department of technology, management, and budget may

require a grantee of a property conveyed under this section to

record the instrument of conveyance or jurisdictional transfer with

the applicable register of deeds and provide the department with a

recorded copy of the recorded instrument as a condition of closing.

(15) As used in this section, "net revenue" means the proceeds

from the sale of the property less reimbursement for any costs to

the department of technology, management, and budget or to the

Michigan land bank fast track authority 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

costs related to the conveyance of the property.