SENATE JOINT MEMORIAL 23
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Howie C. Morales
A JOINT MEMORIAL
REQUESTING THAT THE GENERAL SERVICES DEPARTMENT TRANSFER PART OF THE FORT BAYARD HOSPITAL CAMPUS TO THE VILLAGE OF SANTA CLARA AND LEASE WATER RIGHTS FOR DEVELOPMENT AND OPERATION OF THE PROPERTY AS A LIVING HERITAGE RECREATIONAL COMPLEX AND TO PRESERVE FORT BAYARD AS A NATIONAL HISTORIC LANDMARK.
WHEREAS, the Fort Bayard hospital property, known by the federal government as the veterans administration hospital property, with water rights, was declared surplus property and subsequently conveyed to the state of New Mexico in 1966 for and in consideration of the premises, the sum of one million forty-two thousand four hundred sixty-five dollars ($1,042,465) paid by the state by earning a public benefit allowance of one hundred percent of that sum, subject to covenants, conditions, reservation and restrictions, namely that for the period of twenty years from September 2, 1965, the state would use the property continuously for public health purposes, which the state did; and
WHEREAS, certain property of the Fort Bayard military reservation was excluded from the conveyance, namely all of the part known as the Fort Bayard veterans administration cemetery and building no. 263 and the land underlying that building, and the federal government reserved the right to all minerals and mineral rights; and
WHEREAS, the legislature finds that the state has not operated a hospital on the Fort Bayard hospital property for many years, and a new Fort Bayard medical center was built in 2010 across the highway from the Fort Bayard property; and
WHEREAS, the Fort Bayard hospital property has been designated as a national historic landmark, which, while listed properties are not necessarily protected from damage or deterioration, did indicate the state's commitment to the historic nature of the property and its recognition of its importance to the history of southwestern New Mexico; and
WHEREAS, currently, the property is unproductive and the historic buildings are deteriorating and the historic hospital building has been razed; and
WHEREAS, the general services department has neither short- nor long-term plans to develop the property and has been unable to sell it; and
WHEREAS, the village of Santa Clara, a local public body, wants to preserve certain historic buildings on the property, such as the commandant's and officers' housing, and establish a living heritage recreational complex on part of the property, thus providing economic development and tourism for an area of the state that needs to diversify its economy; and
WHEREAS, it is in the public interest to transfer three hundred fifteen acres, more or less, of the Fort Bayard hospital property to the village of Santa Clara to establish a living heritage recreational complex and to preserve Fort Bayard as a national historic landmark;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the general services department be requested to convey certain real and tangible property on the Fort Bayard hospital campus to the village of Santa Clara; and
BE IT FURTHER RESOLVED that the real property to be conveyed, consisting of three hundred fifteen acres, more or less, of the property known as the Fort Bayard hospital, Grant county, New Mexico, is described in an unofficial survey as:
"Beginning at corner No. 1 of the division (center) line that is a point on the north boundary of the original deed survey between corner No. 1 and corner No. 2 of the original deed survey, thence S. 29° W., 480 feet to corner No. 2; thence N. 65° W., 250 feet to corner No. 3; thence N. 25° E., 70 feet to corner No. 4; thence N. 63° W., 150 feet to corner No. 5; thence S. 29° W., 565 feet to corner No. 6 on the south side of Fifth street; thence S. 66° E., 370 feet to corner No. 7; thence S. 28° W., 1,195 feet to corner No. 8; thence S. 68° E., 250 feet to corner No. 9; thence S. 34° W., 170 feet to corner No. 10; thence S. 64° E., 160 feet to corner No. 11; thence S. 29° W., 2,020 feet to corner No. 12; thence S. 60° W., 420 feet to corner No. 13; thence S. 85° W., 45 feet to corner No. 14; thence along the northwest line between corners Nos. 8 and 9 on the original deed survey; thence S. 28° 13' 00" E., 1,133.80 feet to corner No. 8 of the original deed survey; thence N. 89° 03' 00" E., 2,504.57 feet to corner No. 7 of the original deed survey; thence N. 00° 00' 00" W., 615 feet to corner No. 6 of the original deed survey; thence S. 90° 00' 00" W., 400 feet to corner No. 5 of the original deed survey; thence N. 23° 00' 00" E., 1,450 feet to corner No. 4 of the original deed survey; thence N. 47° 59' 00" E., 1,573.40 feet to corner No. 3 of the original deed survey; thence N. 18° 30' 00" W., 2,380 feet to corner No. 2 of the original deed survey; thence East along the north boundary of the original deed survey 1,520 feet to corner No. 1 of the divisional survey and the point of beginning.
Containing 314.804 acres more or less, and including all buildings, improvements and materials within the boundary.
This description was produced from scaling bearing and distance from a map from the village of Santa Clara, and bearings and distance from the original deed boundary survey."; and
BE IT FURTHER RESOLVED that while the transfer of the described property to the village of Santa Clara does not include the donation or transfer of water rights, the general services department, with the approval of the state engineer, be requested to enter into a long-term lease with the village of Santa Clara for at least thirty-five acre-feet of water per year for fire suppression and construction, operation and maintenance of the Fort Bayard living heritage recreational complex on that portion of the Fort Bayard property transferred to the village; and
BE IT FURTHER RESOLVED that the general services department be requested to provide water as needed by the village of Santa Clara during the time between conveyance of the property and the finalized lease of water rights; and
BE IT FURTHER RESOLVED that prior to the transfer, the village of Santa Clara shall pay for an official survey of the real property to be transferred to the village, to be filed with the county clerk as the official recorded plat of survey and the official survey shall be used as the survey that determines the property to be conveyed; and
BE IT FURTHER RESOLVED that the transfer include the following provisions:
A. the village of Santa Clara shall not sell, trade or otherwise permanently dispose of any part of the property transferred without the approval of the legislature; provided that permanent disposal means for longer than twenty-five years;
B. the village of Santa Clara may lease buildings or other property to the federal, state or other local governments and may lease portions of the recreational complex to recreational providers; and
C. if the village of Santa Clara proposes to use the property for any purposes other than as a living heritage recreational complex, it must obtain prior approval of the legislature; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the general services department and the village of Santa Clara.
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