Title
Resolution to Accept Donation of Property Located at 3013 W. Huron River Drive by the Michigan Attorney General on behalf of the Joseph Donald Brokaw and Earldine R. Brokaw Foundation and Accept and Appropriate Foundation Funds to Parks for the Upkeep and Maintenance 3013 W. Huron River Drive as Parkland (8 Votes Required)
Memorandum
The Michigan Attorney General represents the People of Michigan and the uncertain and indefinite beneficiaries of all charitable trusts in Michigan and may enforce such charitable trusts in court. The Joseph Donald Brokaw and Earldine R. Brokaw Foundation, a charitable, nonprofit corporation, was established as a charitable trust with the primary purpose to receive and administer funds for operating a park for the use of the general public. In 2004 Mr. Brokaw transferred title to 3013 W. Huron River Drive to the Foundation. In 2008 the City Greenbelt Program had preliminary discussions with the Foundation which were not pursued.
Mr. Brokaw died in May 2010 (Mrs. Brokaw had preceded him in death in 2003). In October 2010, William Drollinger, secretary and later President of the Foundation, established an investment account for the Foundation with Comerica Bank. Mr. Drollinger died in 2011 and for some time prior to his death, he was a legally incapacitated and protected individual. Last available records filed by the Foundation were in August 2010. Neither the Charitable Trust Section of Attorney General Office nor Comerica Bank was able to discover any other persons with an interest in the Foundation (e.g., directors and officers). The Foundation had ceased operating, could not authorize Comerica Bank or anyone else to handle its affairs, and was effectively defunct.
The Foundation’s Articles of Incorporation address the distribution of assets upon the Foundation’s dissolution and provide for the distribution to a local government for a public purpose. The Attorney General consent to the formal dissolution of the Fo...
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