SENATE JOINT RESOLUTION 15

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Michael S. Sanchez

A JOINT RESOLUTION

PROPOSING THE TRANSFER OF STATE-OWNED REAL PROPERTY AT THE LOS LUNAS STATE CAMPUS, OLD HOSPITAL SITE, LOS LUNAS, NEW MEXICO, FROM THE STATE TO THE LOS LUNAS PUBLIC SCHOOL DISTRICT.

     WHEREAS, Section 13-6-2 NMSA 1978 provides that a state agency may sell or otherwise dispose of real property by negotiated sale or donation to a school district; and

     WHEREAS, Section 13-6-3 NMSA 1978 provides that any sale, trade or lease for a period exceeding twenty-five years in duration of real property belonging to any state agency, which sale, trade or lease shall be for a consideration of one hundred thousand dollars ($100,000) or more, shall be subject to the ratification and approval of the state legislature prior to the sale, trade or lease becoming effective; and

     WHEREAS, the property control division of the general services department owns real property located at the Los Lunas state campus, old hospital site, Los Lunas, New Mexico, more particularly described as certain state-owned tracts of land in Valencia county, New Mexico, located in areas surrounding the Los Lunas state campus, old hospital site, 1000 West Main street, Los Lunas, New Mexico and comprising approximately seventy-one and six-tenths acres in four distinct parcels, one being an orchard of approximately four acres located on the northeast of the old hospital site, a second being approximately fifty-nine and one-tenth acres of rangeland to the west of the old hospital site, a third being approximately four and seven-tenths acres located to the southwest of the old hospital site and a fourth being approximately three and eight-tenths acres located to the south of the old hospital site, as shall be more particularly described in a survey to be completed by the Los Lunas school district prior to the title of the property passing to the Los Lunas school district, and the transfer does not include water rights; and

     WHEREAS, it may be determined that the property is not needed by the state for any purpose and that it may be transferred; and

     WHEREAS, the state shall retain appropriate rights of way and easements, and the transfer shall be subject to reservations, restrictions or easements of record; and

     WHEREAS, the Los Lunas public school district currently leases portions of the real property for student agricultural and science purposes; and

     WHEREAS, the real property has a value in excess of one hundred thousand dollars ($100,000);

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the proposed transfer of the real property at the Los Lunas state campus, old hospital site, Los Lunas, New Mexico, from the state to the Los Lunas public school district be hereby ratified and approved by the legislature; and

     BE IT FURTHER RESOLVED that the authorization be contingent upon a determination by the property control division of the general services department that the property is not needed by the state for any purpose; and

     BE IT FURTHER RESOLVED that the authorization be contingent upon agreement by the parties in the conveyance document that if the Los Lunas public school district no longer needs or uses the property for student agricultural and science purposes, then at the option of the state and at no cost to the state, the property shall be reconveyed by the Los Lunas public school district to the state; and

     BE IT FURTHER RESOLVED that if the property control division of the general services department determines that a community land grant has the right of first refusal to purchase the property pursuant to Section 13-6-5 NMSA 1978, no transfer of the property shall be made until the division complies with the requirements of that section; and

     BE IT FURTHER RESOLVED that the property shall not be transferred until it has been reviewed by the capitol buildings planning commission; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of general services, the capitol buildings planning commission and the superintendent of the Los Lunas public school district.

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