Item Coversheet

Resolution

NO. 186

A Resolution authorizing the City of Battle Creek to accept title to a portion of land located along Buckner Road near the W.K. Kellogg airport from the Battle Creek Tax Increment Financing Agency (BCTIFA) for roadway purposes.

BATTLE CREEK, MICHIGAN - 7/3/2018

Resolved by the Commission of the City of Battle Creek:

 

On March 29, 2018, the BCTIFA took ownership of a portion of a parcel of property along Buckner Drive from Systex Products Inc. Systex Products conveyed this parcel to BCTIFA related to the project intended to build and/or extend Buckner Drive over the Grand Trunk Railroad in order to provide access to the west side of the airport in furtherance of development. 

 


At a special meeting held on June 22, 2018, the BCTIFA authorized its Chair to convey the same parcel to the City in order to better facilitate ACT 51 reporting.


 

Section 12.1 of the Charter of the City of Battle Creek authorizes the City to accept title to real property and the City believes it is in its best interest to obtain title to this real estate in this instance in furtherance of development in that part of the City.  

 

The City Manager is authorized to accept title on behalf of the City by Warranty Deed for the land located along Buckner Drive as evidenced by the attached Warranty deed, and which parcel is legally described as:  

 

Commencing at the Southwest corner of section 17, Town 2 South, Range 8 West, Calhoun County, Michigan; thence N. 89°57’32” E. Along the South line of said section, 433.03 feet; thence N. 00°54’42” W along the Easterly line of Martin Luther King, Jr. Highway, 928.00 feet; thence N. 89°05’18” E. 100.00 feet; thence N. 00°54’42” W. along the Easterly line of Buckner Drive, 1448.35 feet; thence continuing Northeasterly 1025.28 feet along the Easterly line of Buckner Drive, and the arc of a curve to the right whose radius is 1011.74 feet, and whose chord bears N. 28°07’11’ E. 981.97 feet; thence N. 57°09’04” E. along the Easterly line of Buckner Drive, 343.40 feet; thence continuing Northeasterly 552.30 feet along the Easterly line of  Buckner Drive and the arc of a curve to the right whose radius is 991.74 feet and whose chord bears N. 73°06’19” E. 545.19 feet to the point of beginning; thence S. 21°17’17” E. 143.58 feet; thence S. 60°09’15” E. 495.37 feet to the Northwesterly line of Grand Trunk Western Railroad; thence S. 29°50’45” W along said Northwesterly line 80.00 feet; thence N. 21°17’17” W. 578.47 feet; thence No. 21°17’17” W. 78.54 feet; thence N. 68°13’36” W. 159.40 feet to said East line of Buckner Road; thence Northeasterly 238.03 feet along the arc of a curve to the right whose radius is 911.74 feet and whose chord measures N. 82°11’01” E. 237.45 feet to the point of beginning containing 1.51 acres of land, more or less.









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 July 3, 2018.


Victoria Houser


Battle Creek City Commission
7/3/2018
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution authorizing the City of Battle Creek to accept title to a portion of land located along Buckner Road near the W.K. Kellogg airport from the Battle Creek Tax Increment Financing Agency (BCTIFA) for roadway purposes.
BUDGETARY CONSIDERATIONS
The City is not paying BCTIFA for this conveyance, so the only immediate cost to this resolution would be the $30.00 recording fee that will be paid to the Register of Deeds, which will come from the BCTIFA.

HISTORY, BACKGROUND and  DISCUSSION

On March 29, 2018, Systex Products Inc. conveyed approximately 1.51 acres of land to BCTIFA so that Buckner Road could be extended to provide an access road to the West side of the W.K. Kellogg airport in furtherance of development in that area. The road currently ends before the railroad tracks between Systex and the airport. Development plans include the eventual construction of an overpass.

 

Once construction is complete, the City will maintain this road thus should have ownership over this road for Act 51 reporting purposes, which is the state's funding vehicle - the Michigan Transportation Fund. Revenues collected through highway user taxes - state motor fuels taxes, vehicle registration fees, and other miscellaneous automobile related taxes are deposited into the Michigan Transportation Fund and subsequently distributed, including a portion to municipalities for road maintenance.

 

 


DISCUSSION OF THE ISSUE

POSITIONS
The City Manager's office, BCTIFA and the Public Works department all support this resolution.

ATTACHMENTS:
File NameDescription
Deed_062618_from_BCTIFA_to_City.pdfDeed from BCTIFA to the City
Maps_062618_of_construction_plans.pdfMaps of planned improvements by BCTIFA