Act No. 102

Public Acts of 1998

Approved by the Governor

May 28, 1998

Filed with the Secretary of State

May 29, 1998

EFFECTIVE DATE: May 29, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Jelinek, Brackenridge, Kaza, Raczkowski, Birkholz, Cassis, Goschka, Gernaat, McBryde, Oxender, Lowe and Perricone

ENROLLED HOUSE BILL No. 4857

AN ACT to authorize the department of state police to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

The People of the State of Michigan enact:

Sec. 1. The department of state police, on behalf of the state, may convey to New Buffalo township, for consideration of $1.00, certain parcels of real property under the jurisdiction of the department of state police and located in Berrien county, Michigan, and more particularly described as:

Parcel No. 1

All that part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 2, T8S, R21W, New Buffalo Township, Berrien County, Michigan, which lies Southeasterly of a line 50 feet Southeasterly of (measured at right angles) and parallel to a line described as: Beginning at a point on the West line of Section 11 said T8S, R21W, Village of New Buffalo, which is 4.5 feet South of the Northwest (NW) corner of said Section 11; thence South 88 deg. 01' East, 654.2 feet to the point of curvature of a 1042.14 foot radius curve to the left (chord bearing North 59 deg. 59'30"East); thence Northeasterly along the arc of said curve 1163.33 feet to a point of ending. EXCEPTING THEREFROM that part of said Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) described as:

Beginning at a point which is Easterly along the Southerly line of Section 2, T8S, R21W, New Buffalo Township, Berrien County, Michigan, 1334.1 feet and North 1 deg. 39' 30" East along the Easterly line of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 2, 126.85 feet from the Southwest corner of said Section 2; thence North 1 deg. 39' 30" East along the Easterly line of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section2, 93.07 feet; thence South 56 deg. 18' 15" West 149.12 feet; thence South 39 deg. 17' 35" East 73.69 feet; thence North 83deg. 02' 45" East 53.68 feet; thence North 28 deg. 02' 25" East 45.58 feet to the point of beginning.

Parcel No. 2

All that part of a parcel of land described as: Beginning at a point which is E'ly along the S'ly line of Sec.2, T8S, R21W, New Buffalo Twp., Berrien Co., Michigan, 1334.1 ft. and N. 1 deg. 39'30" E. along the E'ly line of the W1/2 of the SW1/4 of said Sec. 2, 126.85 ft. from the SW corner of said Sec. 2, thence N. 1 deg. 39'30" E. along the E'ly line of the W1/2 of the SW1/4 of said Sec. 2, 93.07 ft.; thence S. 56 deg. 18' 15" W. 149.12 ft.; thence S.39 deg. 17' 35" E. 73.69 ft.; thence N. 83 deg.02' 45" E. 53.68 ft.; thence N. 28 deg. 02' 25" E. 45.58 ft. to the point of beginning; which lies SE-ly of a line 35 ft. SE'ly of an parallel to the centerline of US-12 as now located. Said centerline of US-12 is described as beginning at a point which is S'ly along the W'ly line of said Sec. 2, 4.5 ft. from the SW corner of said Sec. 2, thence S.88 deg. 01' E. 654.2 ft. to the point of curvature of a 5 deg. 30' curve to the left; thence along the arc of said curve 1000 ft. more or less to the point of ending.

Sec. 2. The conveyance authorized by this act shall provide that the property shall be used for a municipal public purpose and that upon termination of that use, or upon use for any other purpose, title to the property shall revert immediately to the state, with the state assuming no liability for any improvements made by any other party.

Sec. 3. The conveyance authorized by this act shall be by quitclaim deed approved by the attorney general and shall reserve to the state all rights to coal, oil, gas, and other nonmetallic minerals found on, within, or under the conveyed property.

Sec. 4. The revenue received under this act shall be deposited in the state treasury and credited to the general fund.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.