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A JOINT RESOLUTION

GRANTING PRIOR APPROVAL TO THE PROPERTY CONTROL DIVISION OF

THE GENERAL SERVICES DEPARTMENT TO EXCHANGE STATE-OWNED LAND

FOR PRIVATE LAND ADJACENT TO THE FEDERAL BORDER CROSSING

FACILITY AT SANTA TERESA IN DONA ANA COUNTY.

WHEREAS, Section 13-6-3 NMSA 1978 requires ratification

and approval of any sale, trade or lease for a period

exceeding twenty-five years of state property if the sale,

trade or lease is for consideration of one hundred thousand

dollars ($100,000) or more; and

WHEREAS, Laws 1998, Chapter 7, Section 32 appropriated

nine hundred thousand dollars ($900,000) to "make site

improvements and purchase and erect a modular office building

and equip a port-of-entry facility near Santa Teresa" on

approximately twelve and five hundred twenty-seven thousandths

acres of land donated to the state in October 2000, which is

located approximately one-half mile north of the Santa Teresa

federal border crossing facility in Dona Ana county; and

WHEREAS, the state-owned land improvements include paved

access from Booth road to the Pete Domenici highway, with a

paved curb-and-gutter parking lot to accommodate approximately

fifty semi-trucks; connection to the local water system; a

septic system and leach field; and electric power with a one

hundred KVA transformer; and

WHEREAS, a modular office building of approximately one

thousand four hundred forty gross square feet, provided by the

federal motor carrier safety administration, is located on the

property, has an Americans with Disabilities Act of 1990-

compliant entry ramp and is wired for telephone and data,

which may be donated to the state when a new permanent

facility is completed; and

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WHEREAS, inspections conducted at the federal port of

entry include compliance with federal requirements for

customs, immigration, agriculture and homeland security, but

do not include vehicle safety inspection; and

WHEREAS, the state conducts vehicle safety inspections

at the state port of entry, issues permits and collects fees

and other revenue owed to the state by commercial vehicles;

and

WHEREAS, Booth road, which connects the federal and

state ports of entry, intersects with Cattlemen's drive

(recently renamed "Bi-national avenue") and therefore can be

used by vehicles to circumvent the state port of entry

vehicle safety inspection, permits and fees collection; and

WHEREAS, proposed development will include another

opportunity for uninspected vehicles to circumvent the state

port of entry; and

WHEREAS, the permanent state port of entry requires

approximately twenty acres; and

WHEREAS, a private owner owns approximately eighteen and

eight hundred fifty thousandths acres of undeveloped land

immediately adjacent to the federal border crossing facility

intersected by Cattlemen's drive; and

WHEREAS, Dona Ana county owns Cattlemen's drive, and

approximately one and nineteen hundredths acres of that road

will be required for the new port-of-entry project; and

WHEREAS, relocating the state port of entry adjacent to

the federal port of entry removes the possibility of vehicles

avoiding safety inspections, permits, fees and taxes; and

WHEREAS, the private owner is willing to trade the

parcel adjacent to the federal facility for the site of the

current state port of entry;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE

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STATE OF NEW MEXICO that the trade of the state-owned land

currently used as a state port of entry in Dona Ana county,

described as a certain parcel of land containing twelve and

five hundred twenty-seven thousandths acres more or less,

situated within Section 7, Township 29S, Range 3E, New Mexico

Principal Meridian, Dona Ana county, New Mexico, and more

particularly described in a survey dated and recorded with

the Dona Ana county clerk on January 21, 2001 in book 249,

pages 1350 to 1352, in exchange for private land adjacent to

the federal port of entry facility be ratified and approved

pursuant to the provisions of Section 13-6-3 NMSA 1978; and

BE IT FURTHER RESOLVED that the trade is contingent on

Dona Ana county transferring title to the property control

division of the general services department that portion of

Cattlemen's drive that intersects the proposed port of entry

site; and

BE IT FURTHER RESOLVED that both parcels shall be

appraised by one appraiser that is mutually agreeable to the

property control division of the general services department,

the private owner and the property tax division of the

taxation and revenue department; and

BE IT FURTHER RESOLVED that the appraisal of both

parcels shall be reviewed and validated by the property tax

division of the taxation and revenue department; and

BE IT FURTHER RESOLVED that the agreement between the

parties shall provide that, if the state-owned property is

not appraised at the same value as the private property, the

difference between the value of the parcels to be exchanged

shall be paid from the owner of the property with a lower

value to the owner of the property with the higher value; and

BE IT FURTHER RESOLVED that copies of this resolution be

transmitted to the property control division of the general

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services department, the border authority, the property tax

division of the taxation and revenue department and the

private landowner.