SENATE JOINT RESOLUTION 5

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Don Kidd

A JOINT RESOLUTION

AUTHORIZING THE SALE OF THE COTTONWOOD-WALNUT CREEK PROPERTY IN EDDY COUNTY.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     WHEREAS, Section 13-6-3 NMSA 1978 requires legislative ratification and approval of a sale of real property of the state for a consideration of one hundred thousand dollars ($100,000) or more; and

     WHEREAS, the Cottonwood-Walnut Creek property was purchased in 1972 for the purpose of creating a state park; and

     WHEREAS, plans to proceed with a state park changed due to the development of another state park in the same area and a lack of progress in implementing a dam project originally envisioned; and

     WHEREAS, the state parks division of the energy, minerals and natural resources department has leased the Cottonwood-Walnut Creek property for agricultural use from 1974 to 2004; and

     WHEREAS, the state parks division has terminated the lease effective February 15, 2004 in expectation of disposing of the property; and

     WHEREAS, the state parks division plans to use the proceeds from the sale of the Cottonwood-Walnut Creek property to match federal funds for state park land acquisition and development in other locations; and

     WHEREAS, the Cottonwood-Walnut Creek property is located in Eddy county and legally described as:

     Township 16 South, Range 25 East, N.M.P.M.

Section 2:W ½ SW ¼ (save and except that certain tract described in Deed Book 51 at Page 479 of the records of Eddy County, New Mexico, and described as follows: Beginning 238 feet west of the southeast corner of the SW ¼ SW ¼, thence at right angle north 144 feet, thence west 262 feet, thence south 150 feet, thence east 262 feet to the point of beginning)

                 SE ¼ SW ¼ and SW ¼ SE ¼

     Section 3:  Lots 12, 13, 14, 15 and 16, SW ¼ and SE ¼

     Section 4:  Lots 9, 10, 11, 14, 15 and 16, E ½ SE ¼.

TOGETHER WITH all water rights appurtenant to the lands herein conveyed, and all improvements thereon.

EXCEPTING all oil, gas and other minerals heretofore reserved; And EXCEPTING, FURTHER, and reserving to the grantor, Geraldine L. Lumley, all oil gas and other minerals not heretofore reserved; and SUBJECT TO the oil and gas lease on record on February 13, 1972, provided however, that any future oil gas or mineral leases or conveyances entered into by the grantor Geraldine L. Lumley, or her heirs or assigns, shall carry a provision that said lessees or grantees will not create, or permit to exist, any unsightly excavation fills, or installations, or drill for or explore for oil, gas or any other minerals on the said lands, or permit waste on said property in any location which will interfere with or create a condition that would interfere with the use by the grantee or the general public in the use of said lands for park and recreation purposes, or which will impair the scenic or esthetic value of such land.

     With warranty covenants.";

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the sale of the described property be hereby ratified and approved pursuant to Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of energy, minerals and natural resources and the director of the state parks division.

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