Item Coversheet

Resolution

NO. 190

A Resolution authorizing the City Manager to execute all documents necessary to purchase vacant land from the State of Michigan, located on Columbia Avenue and LaVista Blvd, currently a parking area surrounding the abandoned Michigan State Police (MSP) post in an amount not-to-exceed $36,000 if necessary to complete a sale of the abandoned MSP building at 610 W Columbia Avenue.

BATTLE CREEK, MICHIGAN - 9/5/2017

Resolved by the Commission of the City of Battle Creek:

 

That, Section 12.1 of the Charter of the City of Battle Creek authorizes the City to purchase real property and the City believes it is in its best interest to do so in this instance in order to facilitate the sale of the parcel containing the abandoned MSP post building at 610 W Columbia Avenue. 

 

The City is actively marketing the land and building located at 610 W Columbia Avenue, the abandoned MSP post building, ownership of which reverted to the City. Potential buyers are only interested if they can also purchase the parking area surrounding the building, which is owned by the State of Michigan. The State legislature passed legislation, signed by the governor, Public Act 512 of 2016, which permits certain land related to abandoned MSP posts to be sold by Quit Claim deed, including the land at issue here.  

 

The City Manager is authorized to purchase for the City the vacant land located at the corner of W Columbia Avenue and LaVista Blvd, both located in the City of Battle Creek, (Battle Creek Township) Calhoun County and legally described as:

 

Lot number Two Hundred Twenty-Seven (#227) of Greenlawn Addition, according to the recorded plat thereof.

 

AND

 

Commencing on the West line of the Plat of Greenlawn in Section 14, Town 2 South, Range 8 West, and on North line of U. S. 12 Highway, thence North along the West line of said Greenlawn 247 feet, thence Westerly parallel with the Norh line of Highway U.S. 12, 50 feet, thence South parallel with West line of Greenlawn 247 feet to the said North line of U.S. 12 Highway, thence Easterly along same 50 feet to the place of beginning. Battle Creek Township, Calhoun County, Michigan. Subject to right of way in favor of State Highway Commissioner of the State of Michigan as appears in Liber 374 at Page 384.

 

In an amount not-to-exceed Thirty-six Thousand Dollars ($36,000) if necessary to complete a sale of the abandoned MSP building located at 610 W Columbia Avenue, upon additional terms and conditions as may be approved by the City Attorney. 

 

Rebecca L. Fleury, the City Manager of Battle Creek, is authorized to execute any required closing documents to complete this purchase as detailed above.









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on September 5, 2017.


Victoria Houser


Battle Creek City Commission
9/5/2017
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution authorizing the City Manager to execute all documents necessary to purchase vacant land from the State of Michigan, located on Columbia Avenue and LaVista Blvd, currently a parking area surrounding the abandoned Michigan State Police (MSP) post in an amount not-to-exceed $36,000 if necessary to complete a sale of the abandoned MSP building at 610 W Columbia Avenue.
BUDGETARY CONSIDERATIONS

The money used to complete this purchase would be replaced by proceeds from the sale of the land and former MSP building at 610 W Columbia Avenue, thus this would be revenue neutral after the closing of 610 W Columbia Avenue. 

 

The funds used for this project will come from G/L 401.50.4200.971.010


HISTORY, BACKGROUND and  DISCUSSION

The deed to the property where the former MSP post is located at 610 W Columbia Avenue contained a reversionary clause related to its abandonment. When MSP closed numerous posts, this one included, the clause was triggered to revert ownership to the City.

 

The City has been actively marketing the property; however, those interested require that they also become owners of the land surrounding the building, which provides parking. The State of Michigan passed legislation, Act 512 of 2016, which was signed in to law early in 2017 permitting the sale of numerous parcels of land related to MSP posts which have been closed. Two parcels located in Calhoun County, which surround the building at 610 W Columbia, are included in that legislation. (See attached.)

 

Assistant City Manager Ted Dearing has been in communication with the state department responsible for the sale of these parcels and has been advised the City could purchase the parcels by quit claim deed in an amount that would not exceed Thirty-Six Thousand Dollars ($36,000).

 

Before agreeing to the sale of the 610 W Columbia Avenue parcel, the City would ensure adequate proceeds would be received to replace the funding used to purchase the surrounding land owned by the state. 


DISCUSSION OF THE ISSUE

POSITIONS
The City Manager's office is in support of this resolution.

ATTACHMENTS:
File NameDescription
2016-PA-0512.pdfAct 512 of 2016