HOUSE JOINT RESOLUTION 11

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Edward C. Sandoval

A JOINT RESOLUTION

APPROVING A LEASE FOR AN EASEMENT OF DEPARTMENT OF GAME AND FISH LAND LOCATED IN SAN MIGUEL COUNTY FOR GREATER THAN TWENTY-FIVE YEARS AND FOR CONSIDERATION THAT MAY EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000).

     WHEREAS, Section 13-6-3 NMSA 1978 requires ratification and approval of any sale, trade or lease for a period exceeding twenty-five years in duration of real property belonging to a state agency if the sale, trade or lease is for a consideration of one hundred thousand dollars ($100,000) or more; and

     WHEREAS, the department of game and fish conveys to San Ignacio Joint Venture a nonexclusive easement for the term of ninety-nine years for the sole and exclusive purpose of access along and through a nonestablished existing roadway, including construction and maintenance of underground utilities within the confines of the roadway; and

     WHEREAS, such conveyance includes the right to enter upon the real estate hereafter described within the county of San Miguel to construct, maintain and repair the structures within the easement and to sub-assign this easement to not more than forty-five single-family residential lots, provided each sub-assignment is appurtenant only to each residential lot; and

     WHEREAS, the description of the easement is: "The NW 1/4 of Township 16N, Range 12E, Section 19, N.M.P.M., San Miguel county, New Mexico and is more specifically an easement 30 feet in width along the now existing roadway that is approximately 2,525 feet in length as recorded in survey of Homestead entry No. 5665 as filed for record in the office of the San Miguel county clerk in Plat Book 2, page 193, as document 6933."; and

     WHEREAS, the department of game and fish grants access rights to the easement to the lessee for twenty-five thousand dollars ($25,000) consideration of which five thousand five hundred thirty-six dollars ten cents ($5,536.10) has already been received and applied to the sum of the consideration; and

     WHEREAS, if San Ignacio Joint Venture or its assignees avail themselves of the right to install utilities within the easement, additional consideration shall be payable commencing with the date construction of the utilities begins in an amount set forth in the grant of easement between the two parties; and

     WHEREAS, because the exact costs associated with the easement cannot be predetermined and because it is possible that the costs to San Ignacio Joint Venture and the assignees during the ninety-nine year term of the lease may exceed one hundred thousand dollars ($100,000) that this lease of an easement comes within the provisions of Section 13-6-3 NMSA 1978;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the grant of an easement by the department of game and fish to San Ignacio Joint Venture for consideration that may, during the ninety-nine year term of the lease, total to an excess of one hundred thousand dollars ($100,000) be ratified and approved pursuant to Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that copies of this joint resolution be transmitted to the director of game and fish, the attorney general and the chairman of the board of San Ignacio Joint Venture.

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