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HomeMy WebLinkAboutProposed_Alaiedon_PA_425_agreement_corr AGREEMENT FOR CONDITIONAL TRANSFER OF PROPERTY PURSUANT TO 1984 P.A.425 This Agreement made this day of ,2013,between the CITY OF LANSING(City),a Michigan municipal corporation,and ALAIEDON TOWNSHIP(Township),a Michigan municipal corporation. Recital of Facts The City and Township are"local units"as defined by Public Act 425 of 1984,as amended, (Act 425), (MCL 124.21 et seq). Act 425 enables two local units of government to conditionally transfer property by written agreement for the purpose of economic development projects. The City and Township have proposed that certain property be conditionally transferred from the Township to the City pursuant to Act 425 to promote economic development and secure certain public improvements and infrastructure necessary for the development of the properties,including water,sanitary sewer,and electric service to the properties included in the district for development. The City and Township have considered and agreed upon certain factors prior to entering into this.written agreement conditionally transferring property,and pursuant to Act 425,the Township before signing this Agreement held a public hearing on ,regarding this conditional transfer agreement,and the City Council held a public hearing on , regarding this conditional transfer agreement,both preceded by notice in accordance with the requirements of Michigan's Open Meetings Act. The City and Township find that the conditional transfer of property from the Township to the City pursuant to this Agreement will assist economic development and will be beneficial to the residents of the City and the Township and will work to prevent conditions of unemployment. NOW THEREFORE,pursuant to Act 425,the parties agree as follows: ARTICLE I DEFINITIONS AND REPRESENTATIONS - ' Section 1.1 Definitions. 1 A. "Agreement"means this Agreement for Conditional Transfer of property. —J "1 B. "Transferred Area"means that portion of the Township legally described in Exhibit A,coritainuig M- approximately 115 acres,and depicted in Exhibit B. C-n Section 1.2 Representations. A The City and Township represent that before entering into this Agreement the following factors were considered: A. The composition of the population;population density;land areas and land uses;assessed valuation;topography,natural boundaries and drainage basins;and past and probable future growth,including population increase and business and commercial development in the area and the comparative data for the Township and the portion of the Township remaining after the transfer of the Transferred Area. B. The need for organized community services;the present costs and adequacy of governmental services in the Transferred Area;the practicality of supplying such services to the Transferred Area;the probable effect of the transfer and of the alternative courses of action on the costs and adequacy of services in the Transferred i I j Page 1 of 10 I I i Area and on the remaining portion of the Township;the probable change in taxes and tax rate in the Transferred Area in relation to the benefits expected to accrue from such transfer; and the financial ability of the City to provide and maintain water,sanitary sewer,electric service,and governmental services in the Transferred Area. C. General effect upon the parties of the transfer;and the relationship of the transfer to applicable land use plans. ARTICLE II AREA AND JURISDICTION TRANSFERRED Section 2.1 Transfer of Property. The Transferred Area shall be conditionally transferred from the jurisdiction of the Township to the jurisdiction of the City for the purposes specified in this Agreement. Section 2.2 Jurisdiction After Termination or Expiration. Upon the termination,expiration,or non-renewal of this Agreement,the Transferred Area shall for all purposes be within the jurisdiction of the Township. Section 2.3 Jurisdiction-Governmental Services. A. Water Distribution Sewage Disposal and Electric Service in the Transferred Area. Public water distribution,sanitary sewer,and electric service for the Transferred Area shall be provided by the City,subject to state law regarding any existing electrical franchises pertaining to existing electrical services. The Township consents to the use of the public roads,rights of way,and easements throughout the township for purpose of extension of water,sanitary sewer,and electric distribution systems to the Transferred Area. The Township shall cooperate with the City to site water storage and repumping facilities which may include elevated storage facilities outside the Transferred Area,considering aesthetics,system requirements and City economic criteria. The Transferred Area shall be considered as being within the corporate limits and jurisdiction of the City for the purposes of constructing service lines and laterals on public property for connection with the City's water distribution system,sewage disposal system,and electric service,respectively,and doing a water,sanitary sewer, and electric service utility business there. B. Other Governmental Services. In the Transferred Area,fire and police protection;library services;and any other governmental facilities and services shall be provided by and under the jurisdiction of the Township except as specified in this Agreement. In the Transferred Area,zoning and land use approvals,including use,bulk,height,site plan,and sign regulations and approvals,building permits;building code,fire code,electrical code,mechanical code,plumbing code,housing code,and soil erosion and sedimentation control,regulations and approvals shall be provided by and under the jurisdiction of the City. Nothing in this section shall be construed to terminate or modify the terms of any fire mutual-aid agreement or other governmental agreement to which the City or the Township is a party. I C. Governmental Services not Provided by City or Township. Public street and road maintenance and repair within the Transferred Area shall be provided by Ingham County. Storm water regulation and control shall be as required by the Ingham County Drain Commissioner and, except for the City's soil erosion and sedimentation control ordinance,the Transferred Area shall not be subject to any requirements of the City of Lansing Storm Water Control System,including the Storm Water Enterprise Fund. I The City will not provide for storm water drainage. Page 2 of 10 Section 2.4 Jurisdiction-Applicability and Enforcement of Ordinances. A. Immediately upon this Agreement becoming effective as hereinafter provided at Section 6.12,the Transferred Area shall be treated as being within the corporate limits of the City and subject to all City ordinances, rules and regulations enacted now and during the term of this Agreement or any renewal thereof. The City shall be responsible for enforcing all such ordinances,rules,and regulations,except for Fire Prevention Code,Traffic Code, and General Offenses Code,which shall be enforced by the Township. Nothing in this Agreement shall be construed to limit the discretion of any police officer or fire official to enforce statutes of the State of Michigan. B. For violations of the Lansing City Code,venue shall be with the 54-A District Court. Section 2.5 Jurisdiction-Zoning of Transferred Area. �I A. When City jurisdiction of the Transferred Area becomes effective under this Agreement,the Transferred Area will initially be zoned as follows: pursuant to the zoning classifications of the City of Lansing Code of Ordinances,Parcels 2013-A and Parcel 2013-B as described on Exhibit A shall be zoned as G-1,Parcel 2013-C as described on Exhibit A shall be zoned as H,and Parcels 2013-D and 2013-E as described on Exhibit A shall be zoned as D-1. B. For purposes of preliminary and final site plan review,the Township shall be accorded agency status under the Zoning and Building Codes of the City. C. Reversion of Zoning Jurisdiction. The Transferred Area includes approximately 115 acres. If a portion of either Parcel 2013-A,2013-B,or 2013-C of the Transferred Area is no longer either owned or occupied by Jackson National Life Insurance Company or its parent,subsidiary,and affiliate entities,now in existence and hereafter formed,and their successors in interest(collectively referred to as"Jackson National'.)for its own business operation or for the primary use of its employees,zoning jurisdiction for that portion of the Transferred Area shall revert to Alaiedon Township. That portion of the Transferred Area shall be zoned GO- General Office under the Alaiedon Township Zoning Ordinance and shall thereafter be treated as being within the corporate limits of Alaiedon Township for all zoning approvals and enforcement. As used here,the phrases"for its business operation or for the primary use of its employees,"shall be construed broadly to include areas of open tore associated with an structures or uses of theproperty. s ace roads drives drains utilities or other features y If Jackson National or a subsequent owner of a portion of the property applies to the City,and if the City Council adopts an amendment to change the zoning for a portion of Parcel 2013-D or Parcel 2013-E of the Transferred Property to one of the following districts: A Residential District A-1 Residential District B Residential District C Residential District DM-1 Residential District DM-2 Residential District DM-3 Residential District DM-4 Residential District D-2 Residential/Office District E-1 Apartment Shop District G-2 Wholesale District I Heavy Industrial District zoning jurisdiction for that portion of the Property shall revert to Alaiedon Township.That portion of the Property shall be zoned GO-General Office under the AlaiedonTownship Zoning Ordinance and shall thereafter be treated as being within the corporate limits of Alaiedon Township for all zoning approvals and enforcement. Page 3 of 10 D. Michigan Right to Farm Act. The property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust,odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act. Section 2.6 Jurisdiction-Taxes. A. For the purposes of real and personal property taxation(including without limitation the granting of exemptions under 1998 PA 328) and City income taxation as stated in Article III,the Transferred Area shall be considered as being within the corporate limits and jurisdiction of the City. Upon the transfer of taxing jurisdiction to the City,the assessing of real and personal property within the Transferred Area will be by the Lansing City Assessor. The taxable value of the Transferred Area real and personal property shall be determined by the Assessor in accordance with the tax laws and tax manuals of the state of Michigan,and property tax appeals shall be heard and decided by the Lansing Tax Board of Review. The City shall appear and defend all tax assessment appeals filed by property owners within the Transferred Area. The City shall collect all taxes on all real and personal property within the Transferred Area. The City may collect and retain the one percent(1%)property tax administration fee on all property taxes collected for property within the district as authorized pursuant to MCL 211.44 or as hereafter authorized by statute. B. The Transferred Area shall be designated by the City as an Industrial Development District pursuant to 1974 PA 198,as amended. Section 2.7 Jurisdiction- Special Assessments. The Transferred Area shall be treated as being within the corporate limits and jurisdiction of the City for purposes of special assessments,except for storm drain assessments that are under the jurisdiction of the Ingham County Drain Commissioner. Section 2.8 Jurisdiction-Rates Connection Fees.and Electrical Service. A. All rates, charges,and fees,other than as specified in this Agreement,for sanitary sewer,water, and electric distribution services shall be calculated,levied and collected by the City(including the Lansing Board of Water and Light)in accordance with the rates and ordinance applicable to other property in the corporate limits at the City and as may be adjusted by the City pursuant to its rate-making authority. B. Connection Fees. Where required by ordinance or resolution,connection fees for water and sanitary sewer connections in the Transferred Area shall be at the rates normally charged by the City within the City and connection fees for electric service shall belong to the City and be at the rates normally charged by the City and BWL for customers within Lansing. Section 2.9 Liens. i Liens for water distribution,sewage disposal services,and electric service made against real property in the Transferred Area shall be created and remain in full force and effect as if the Transferred Area were within the corporate limits of the City. Section 2.10 Utility Rights of WU Outside of Transferred Area. A. The Township grants the right,power and authority to the City and its Board of Water and Light,a municipal utility,its successors and assigns(collectively the"City")to construct,set,string,lay,operate,repair, maintain,and use electric,water and sanitary sewer lines,consisting of poles,wires,cables,pipes,conduits,masts, towers,cross arms,guys,braces,feeders,transmission wires,transformers and other electrical,water,and sanitary sewer appliances,on,along over,under,through,and across the highways,streets,alleys,bridges,and other public places,for the sole purpose of providing electric,water, and sanitary sewer utilities to the Transferred Property or any other property subject to any future agreement pursuant to PA 425. B. All utility infrastructure erected by the City within the Township shall be located so as not to i Page 4 of 10 i cause unnecessary interference with the proper.-use.of streets,alleys,and other public ways and places so as not to cause unnecessary interference with the rights or reasonable convenience of property owners who adjoin any streets, alleys or other public ways and places. C. All City utility infrastructure to be erected under,at,or on street crossings,highway crossings or railroad crossings shall be in full compliance as to construction as required by the laws of the State of Michigan and subject to the City's policies,procedures,and rules and regulations. D. The City shall at all times keep and save the Township free and harmless from all loss,costs,and damage to which it may be put by reason of the negligent construction and maintenance of City infrastructure,the erection and maintenance of which is hereby authorized. Provided that this indemnification shall not in.any manner abrogate or diminish the defense of sovereign immunity or governmental immunity of the parties to others. i E. The Township agrees to work cooperatively with the City on the placement of a water storage facility for the purpose of supporting water utility service to the Transferred Property and other Township approved developments. Section 2.11 Voting. Any qualified electors residing in the Transferred Area shall for voting purposes be considered qualified electors of the City entitled to vote on all City,state,and federal matters. ARTICLE III TAXES AND OTHER REVENUE Section 3.1 Taxing Jurisdiction. A. As of the effective date of this Agreement,for the purposes of real and personal taxation (including without limitation the granting of exemptions under 1998 PA 328),and City income taxes,the Transferred Area shall be considered as being within the corporate limits and jurisdiction of the City,and for the remaining term of this Agreement and any renewal term. B. Any other tax, excise,assessment,charge or the like,for purposes of this Agreement and the rights to levy,assess,charge and collect,shall be under the sole and exclusive jurisdiction of the City. Section 3.2 Revenue Sharing and Tax Collection During the year period commencing with the year following the year in which this Agreement is adopted,and each year thereafter,the City shall annually remit: A. To the Township for the first ten(10)years of this Agreement the equivalent of 2.5 mills on the taxable value of all real and personal property within the Transferred Area;,provided however,that if during the first ten(10)years,for any reason,the personal property located within the Transferred Area is not exempt from all ad valorem personal property taxes,pursuant to 1998 PA 328,or any amendment or similar law,then the equivalent of 2.0 mills;and i B. For the remainder of term of this Agreement and any renewal term the equivalent of 2.0 mills. C. For purposes of this paragraph,Taxable Value shall be calculated irrespective of whether any abatements or exemptions have been granted by the City to property owners within the Transferred Area,and if the Taxable Value is contested,adjusted for taxes actually paid. Upon the transfer of taxing jurisdiction to the City,the taxable value of the property shall thereafter be determined by the City in accordance with the tax laws and tax manuals of the State of Michigan. I Page 5 of 10 i Section 3.3 Other Revenue. Ingham County is entitled to apply for,receive and retain all funds related to public roads and road rights- of-way under its jurisdiction in the Transferred Area as if the Transferred Area were within the corporate limits and jurisdiction of the Township. Any calculation or formula for receipt of such revenues shall assume the Transferred Area is within the corporate limits of the Township for such purposes. Section 3.4 Gifts, Grants,Etc. All gifts,grants,assistance funds,bequests, or other funds from any private or public source green with respect to the Transferred Area and activity performed upon or within the Transferred Area,the occupancy of the Transferred Area,or for any other reason arising from the existence of or jurisdiction over the Transferred Area shall belong to the City with the exception of Community Development Block Grant funding to the State of Michigan through the Michigan Strategic Fund for distribution to any eligible Units of General Local Government,including Ingham County. Unless otherwise agreed by the City,the party that is the eligible recipient of the gift,grant or assistance funds shall have the obligation to comply with the terms of any such grant,gift or assistance and the City shall have no such obligation. ARTICLE IV TERM AND TERMINATION Section 4.1 Term. The term of this Agreement shall be for a term ending October 26,2048. The City and Township may renew this Agreement for a second term of 50 years. The renewal shall automatically occur unless either party provides the other with written notice of intent not to renew at least sixty(60) days prior to October 26,2048. The second term shall be on the same terms and conditions as stated in this Agreement unless the parties agree otherwise in writing. Section 4.2 Termination-Recession. This Agreement may be terminated: A. By the expiration of the term of this Agreement. B. By mutual written agreement of the parties. C. By operation of law should a court of competent jurisdiction order the termination of this Agreement. Section 4.3 Effect of Termination. A. Jurisdiction. Upon termination of this Agreement after the initial or any renewal term,the Transferred Area will become automatically,unconditionally and for all purposes be returned to the sole,complete, and permanent jurisdiction of the Township. B. Rights After Termination. Regardless of the method of termination under this Agreement,nothing g herein shall be considered as transferring ownership of the water,electric,and sanitary sewer systems from the j ownership of the City. C. Continuation of Utilities. After termination,if the parties mutually agree in writing,the City may continue to provide public utility services to property within the Township as may be permitted by law,at the customary rates and fees charged others outside the City for such utility services. I Page 6 of 10 Section 4.4 Prohibition of Annexation. While the Agreement is in effect,no other method of annexation or transfer shall take place for any portion of the Transferred Area and the City shall not sponsor or encourage annexation. The City may,however,in accordance with the Freedom of Information Act,provide information to property owners or residents of the Transferred Area upon their request. In addition,the City shall have the right to participate in any legal proceedings regarding annexation,and to express its position upon any proposed annexation or transfer. ARTICLE V ENFORCEMENT Section 5.1 Enforcement. In the event of a dispute between the parties arising under this Agreement,this Agreement may be enforced by either party in an action commenced in a court of competent jurisdiction and under Michigan law. The parties reserve the right to extend any date or deadline included in this Agreement,except the termination date. This right of extension shall also be available to the parties if the Agreement, or any part thereof, is enjoined or stayed by a court of competent jurisdiction. ARTICLE VI i MISCELLANEOUS Section 6.1 Amendment. This Agreement may not be amended without the prior written approval of both the City Council and the Township Board. Section 6.2 Employees and Liabilities. The City shall be solely responsible for the manner of employing,engaging,compensating,transferring or discharging any employees,independent contractors or other personnel with respect to the government services the City shall provide under Section 2.3 of this Agreement. The Township shall be solely responsible for the manner of employing,engaging,compensating,transferring or discharging any employees,independent contractors or other personnel with respect to the governmental services the Township shall provide under Section 2.3 of this Agreement. The City and Township shall each be responsible for such liabilities as may be incurred through their respective provision of governmental services and other performance of this Agreement under Article II and shall respond to and provide for such potential liabilities on the same basis as the City and the Township do generally. Section 6.3 Notices. Any notice,demand,or communication required,permitted,or desired to be given under this Agreement j shall be deemed effectively given when personally delivered or mailed by first class or certified mail addressed as follows: If to the City: City of Lansing c/o City Clerk 124 W.Michigan Lansing,MI 48933 Lansing City Attorney Page 7of10 124 W.Michigan Avenue Lansing,Michigan 48933 If to the Township: Alaiedon Township 2021 W.Holt Road Mason,Michigan 48854 The parties may,by written notice, designate any further or different address to which subsequent notices, demands, or communications may be given. i Section 6.4 Governing Law. This Agreement has been executed and delivered and it shall be interpreted,construed,and enforced pursuant to and in accordance with the laws of the State of Michigan. All duties and obligations of the parties created under this Agreement shall be performed in Ingham County,Michigan. The parties agree that this Agreement was mutually drafted and cannot be construed against either the City or the Township upon the basis that j one was the scrivener of this Agreement. Section 6.5 Binding Effect. This Agreement shall be binding upon the parties hereto,their successors,and assigns. This Agreement is executed by Lansing for and on behalf of its Board of Water and Light and shall be binding upon the BWL and its officers and employees. Section 6.6 Assignment. No assignment of this Agreement or any of the rights and obligations thereunder shall be valid without the specific written consent of both parties hereto. Section 6.7 Severability. In the event any provision of this Agreement is held to be unenforceable or any portion of the Transferred Area is held to be invalidly transferred for any reason,the unenforceability or invalidity thereof shall not affect the remainder of this Agreement.which shall remain in full force and effect and enforceable in accordance with its terms,except,in the event this Agreement is held to be void in its entirety,the Transferred Area shall return to the Township's complete jurisdiction, except for the City's jurisdiction over the sanitary sewer and water and electric systems within the area. If,because of the invalidity of any part of this Agreement,either party determines that the purpose and intent of the Agreement has failed,the parties shall renegotiate in good faith to amend the Agreement to make it valid and satisfactory to both parties. Section 6.8 Articles and Other Headings. The articles and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Section 6.9 Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be considered a valid original. Section 6.10 Entire Agreement. This Agreement supersedes all previous and contemporaneous contracts and constitutes the entire agreement between the parties. Neither party shall be entitled to benefits other than those specified in this Agreement. No oral statements or prior or contemporaneous written material not specifically incorporated or referenced herein shall be of any force and effect,and both parties specifically acknowledge in entering into and Page 8 of 10 executing this Agreement they rely solely upon the representations and agreements contained in this Agreement, and in the other contracts specified herein. Section 6.11 Allocation of Cost of Liti ag tion. In the event a lawsuit or action is filed by any citizen or governmental entity challenging this Agreement, the costs of defending this Agreement,including attorneys'fees,shall be borne eighty-five percent(85%)by the City and fifteen percent(15%)by the Township. If,after conclusion of the lower court proceedings, one of the parties desires to further proceed on appeal,and the other party declines,the party desiring to proceed shall bear all remaining costs. Settlement of any dispute filed concerning this Agreement shall be approved by both the City Council and the Township Board. Section 6.12 Filing and Effective Date. In accordance with Act 425,following the execution of this Agreement by the City and Township,a duplicate original of the Agreement shall be filed with the Clerk of Ingham County and with the Michigan Secretary of State. This Agreement,certified by the County Clerk or Secretary of State,shall be prima facie evidence of the conditional transfer of the Transferred Area. This Agreement shall be effective on the day it is filed with the Ingham County Clerk and Secretary of State. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first written above by authority of the respective City Council and Township Board. Witnesses: CITY OF LANSING By: Virg Bernero,Mayor Witnesses: ALAIEDON TOWNSHIP By: Steven Lott,Supervisor By: David Leonard,Clerk By: Township Attorney Approved as to form only: I hereby certify that funds are available in Account No. City Attorney Finance Director G:\docs\1300\C1385\M012\425 Agint 061013.doc Page 9 of 10 i i Page 10of10 r ill I r I li Parcel 2013-A 33-06-06-05-400-021 i -A parcel of land in the Southeast%of Section 5,T3N,•R1W,Alaiedon'Township, Ingham County, Michigan, the surveyed boundary of said parcel described as: Beginning at the Southeast corner of said Section5; thence N89"15'10"W along the South line of said Section 5 a distance of 1319.03 feet to the West line of the East% of said Southeast %; thence N00°02'12"E along said West line 2647.15 feet to the East-West% line of said Section 5; thence S89°24'04"E along said East-West % line 1322.93 feet to the East % corner of said Section5: thence SOD°07'18"W along the East line of said Section more or less, including 0.99 acre more or less presently in the use as a public right of way,said parcel subject to all easements and restrictions if any. Parcel 2D13-B 33-06-06-D4-300-018 A parcel of land in the Southeast%of Section 4,T3N, R1W;Alaiedon Township, Ingham County, Michigan, the surveyed boundary of said parcel described as: Beginning at the Southwest corner of said Section 4; thence N00°27'04"W along the West line of said Section 4 a distance of 660.01 feet; thence N89°24'16"E parallel with the South line of said Section 4 a distance of 330.00 feet, thence 500027'04"E parallel with said West line 660.01 feet to the south line of said Section 4;thence S89124'16"W along said South line 330.DD feet to the point of beginning; said parcel containing S.DO acres more or less; including 0.25 acre presently in use as public right of way;said parcel subject to all easements and restrictions if any. Parcel 2013-C 33-06-06-04-400-006 A parcel of land in the Southeast X of Section 4,T3N, R1W,Alaiedon Township, Ingham County, Michigan, the surveyed boundary of said parcel described as: Commencing at the South corner of said Section 4;thence N89°24'38"E along the South Line of said Section 4 a distance of 50.00 feet to the point of beginning of this description; thence N00°10'19"W parallel with the North-South %line of said Section 4 a distance of 3S5.70 feet;thence'N89°23'24"E parallel with the North line of the South'20 %2 acres of the Southwest %.of Southeast % of said Section 4 a j distance of 205.00 feet; thence NOD°10'.19"W parallel with said North-South % line 323.83 feet to said North line;thence N89°23'24"E along said North line 1072.59 feet to the East line of the Southwest % of the Southeast % of said Section 4; thence S00°22'06"E along said East line 459..97 feet; thence S89°24'38"W parallel with South line of said Section 100.00 feet; thence SOD°22'06"E parallel with said East line 220.00 feet to the South line of said Section: thence S89°24'38"W along said South line 9.87 feet; thence N00°10'19"W 220.00 feet; thence S89°2438"W parallel with said South line 760.90 feet; thence S00°10'19"E parallel with said North-South % line 3.00 feet; thence S89°24'38"W parallel with said South line 300.DO feet; thence SD0010'19"E parallel with said North-South '/ line 217.00-feet to said South line; thence S89024'38"W along said South fine 109.15 feet to the point of beginning, said parcel containing 12.59 acres, more or less,said parcel containing 0.D9 acre presently in.use as public right of way 1 for Sandhili Road,said parcel subject to all easements and restrictions, if any. i I 1 I i i i Parcel 2013-D 33-06-06-04-400-023 A parcel of land in the Southeast % of Section 4, Town 3 North, Range 1 West, Alaiedon Township, Ingham County, Michigan; the surveyed boundary of said parcel described as: Beginning at the Southeast corner of said Section 4; thence South 89024'38" West along the South line of said Section 4 a distance of 765.10 feet to the point of beginning of this description; thence South 89°24'38" West continuing along said South line 564.82 feet to the i West line of the East%z of the Southeast%of said Section 4;thence North 00`22'06" West along i said West line 1156.80 feet; thence North 89°22'13" East parallel with the North line .of the South X of the Southeast % of said Section 4 a distance of 762.54 feet to the East.line of the. West proportional 23 acres of the Southeast N of the Southeast % of said Section 4; thence South 00°28'53" East along said East line 957.33 feet; thence South 89024'38" West parallel with said South line 200.00 feet;thence South 00°28'53" East parallel with said East line 200.00 feet to the point of beginning. Parcel 2013-E 33-06-06-.03-300-002 (3 acs.) A parcel of land in the Southwest%,of Section 3,T3N, R1W,Alaiedon Township, Ingham County, Michigan, described as the West 3 acres of the Southwest'/ of the Southwest%4 of Section 3, 'Town 3 North, Range 1 West,Alaiedon Township. i I 2 c i ,I I r i I III p -0 on lap_ ------4' Ems, _q7n R W eM� vral �my fill, IBM, bw? ........... 4 00 AI i no ........... .......... 1L .— Q_ B g w ONN .. W 05, ..........