Michigan Laws 399.501 – Durand union station railroad depot; acceptance of structure, real property, personal property, funds, and liabilities by department; lease of real property
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(1) The department, on behalf of the state of Michigan, may accept all of the following as gifts:
(a) From the city of Durand, the Durand union station railroad depot structure, situated in the city of Durand, Michigan, exclusive of any interest in the land upon which the structure is located.
Terms Used In Michigan Laws 399.501
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of state. See Michigan Laws 399.302
- Durand: means the city of Durand, a home rule city situated in Shiawassee county. See Michigan Laws 399.302
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Railroad corporation: means the grand trunk western railroad company, a Michigan corporation. See Michigan Laws 399.302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Union station corporation: means the Durand union station, inc. See Michigan Laws 399.302
(b) From the city of Durand, approximately 3.76 acres of land formerly owned by the Ann Arbor railroad and associated with the depot structure, more particularly described as follows:
Part of the northwest quarter of section 22, T6N, R4E, City of Durand, County of Shiawassee, State of Michigan, and further described as beginning at a point on the centerline of Ann Arbor Street (extended westerly) said point being south 89°44’55” west 91.40 feet from the intersection of said centerline of Ann Arbor Street with the west line of the plat of “M.V. RUSSELL’S THIRD ADDITION to the Village of Durand”, thence continuing south 89°45’55” west along the centerline (extended westerly) 87.65 feet, thence south 02°24’50” west 259.22 feet to a point on a line which is 50 feet northeasterly of and parallel with the centerline of the company’s main track, thence north 53°42’10” west parallel with said main track 180.02 feet, thence along a curve to the left with a long chord bearing and distance of north 40°52’39” west 334.57 feet, thence north 00°06’15” east 95.0 feet to a point on a line which is 83 feet southeasterly of and parallel with the centerline of the company’s westbound track, thence north 71° east parallel with said westbound track 486.18 feet, thence south 00°26’45” east 353.48 feet to the point of beginning, containing 3.76 acres more or less, subject to all easements of record.
(c) From the city of Durand, artifacts and other personal property that pertain to the depot structure or railroading.
(d) From the union station corporation, artifacts and other personal property that pertain to the depot structure or railroading.
(e) From the union station corporation, any corporate funds that are earmarked for restoration of the structure and are held by the union station corporation on the date the depot structure is transferred to the state.
(f) From the railroad corporation, all real property and improvements on the real property with respect to approximately 72,200 square feet of land situated underneath and associated with the depot structure, more particularly described as follows:
Beginning at the intersection of the company’s southerly property line and the east line of Railroad Street projected, said lines also being the company’s common property lines with land owned by the city, formerly owned by the Ann Arbor railroad, thence northeasterly along said southerly property line 105 feet, thence northwesterly at right angles 61 feet to a point 8.5 feet from the centerline of the company’s eastbound main track as measured at right angles, thence southwesterly parallel to said eastbound main track 375 feet to a point 8.5 feet from the centerline of the company’s main track as measured at right angles, thence southeasterly parallel to said main track 522 feet, thence northeasterly 80 feet to a point on the company’s common property line with land owned by the city, formerly owned by the Ann Arbor railroad, thence northwesterly along said common property line on a curve to the left 335 feet, thence northerly along said common property line 95 feet to the point of beginning, excluding the fenced area of the company’s microwave tower site, containing a total area of 72,200 square feet, more or less.
(2) An encumbrance or lien against any of the real property or the structure described in subsection (1) that is outstanding and is identified to the department on the effective date of the gift of the real property shall be accepted by the department. A liability that is not identified to the department on the date of gift or that arises subsequent to the date of gift is not the responsibility of the department.
(3) If the railroad corporation declines to make the gift described in subsection (1)(f), the department may lease from the railroad corporation the real property described in subsection (1)(f). If entered, the lease shall extend for a term of not less than 25 years and shall contain a renewal clause.