SENATE JOINT RESOLUTION 16

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Lidio G. Rainaldi

A JOINT RESOLUTION

GRANTING PRIOR APPROVAL TO THE GENERAL SERVICES DEPARTMENT TO CONVEY STATE PROPERTY IN MCKINLEY COUNTY TO THE REHOBOTH-RED MESA FOUNDATION.

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

     WHEREAS, in 1963, the Christian reformed board of home missions, a Michigan nonprofit corporation, transferred by warranty deed recorded in WD book 20, page 73 of the records of the county clerk of McKinley county, New Mexico, to the New Mexico state police certain real property located in or near Gallup, New Mexico; and

     WHEREAS, the deed contained a provision that the property "be used for state police purposes only and that no other business or subleasing be permitted"; and

     WHEREAS, the New Mexico state police thereafter constructed a building on the property and used the property for state police operations, but the property is no longer used for any purpose by the state police; and

     WHEREAS, subsequent to the original conveyance to the New Mexico state police, the property was transferred by warranty deed dated March 14, 1978 from the state police to the criminal justice department and thence to the property control division of the general services department by quitclaim deed recorded in book 27 of comp, page 261 of the records of the county clerk of McKinley county; and

     WHEREAS, the property has no value to the state of New Mexico because of the reservations in the deed; and

     WHEREAS, the vacated property contributes negatively to the overall value of the surrounding property and the public perception of the area; and

     WHEREAS, McKinley county has no opportunity to realize economic value through property or gross receipts taxes generated from the use of the property as long as it is held by the state of New Mexico; and

     WHEREAS, Rehoboth-Red Mesa foundation, a New Mexico nonprofit corporation, is the successor in interest of the Christian reformed board of home missions regarding real property located in McKinley county, New Mexico, as shown by that certain warranty deed originally recorded in book 16, page 390 of the records of the county clerk of McKinley county and re-recorded in book 16, pages 2522 through 2531 of the records of the county clerk of McKinley county; and

     WHEREAS, the state of New Mexico has no plans in the foreseeable future for the use of the property for New Mexico state police purposes, and although a reverter clause was not included in the deed, the state and the Rehoboth-Red Mesa foundation, a New Mexico nonprofit corporation, agree that it was the intention of the parties that the property be returned if it were no longer being used for the specified purposes; and

     WHEREAS, the state and the Rehoboth-Red Mesa foundation, a New Mexico nonprofit corporation, agree that an amicable settlement to the matter will save the taxpayers of New Mexico the legal fees and administrative cost involved with resolving the matter through the courts;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the real property described in that certain warranty deed recorded in WD book 20, page 73 of the records of the county clerk of McKinley county, New Mexico, be quitclaimed by the property control division of the general services department to the Rehoboth-Red Mesa foundation, incorporated, a New Mexico nonprofit corporation, for consideration of one dollar ($1.00); and

     BE IT FURTHER RESOLVED that the general services department provide for an environmental assessment and the funding for any environmental remediation that was caused directly by its use as a New Mexico state police facility; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the property control division of the general services department and the Rehoboth-Red Mesa foundation, a New Mexico nonprofit corporation, at 21 Rehoboth drive, Rehoboth, New Mexico 87322.

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