46th legislature - STATE OF NEW MEXICO - first session, 2003

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 reservation 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 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, page 261 of the records of the county clerk of McKinley county; and

WHEREAS, Rehoboth-Red Mesa foundation, incorporated 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 state police purposes, and although a reverter clause was not included in the deed, the state and the Rehoboth-Red Mesa foundation, incorporated, agree that it was the intention of the parties that the property be returned if it was no longer being used for the specified purposes;

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 copies of this resolution be transmitted to the property control division of the general services department and the Rehoboth-Red Mesa foundation, incorporated, at 21 Rehoboth drive, Rehoboth, New Mexico 87322.