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A JOINT RESOLUTION

APPROVING AN EASEMENT OF STATE GAME COMMISSION LAND LOCATED IN

SAN MIGUEL COUNTY FOR A TERM 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 state game commission intends to grant 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, the easement 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 easement is located within the NW 1/4 of

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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; and

WHEREAS, the state game commission proposes to grant San

Ignacio Joint Venture access to the easement for a term of

ninety-nine years for a one-time consideration of twenty-five

thousand dollars ($25,000) 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; and

WHEREAS, because the exact consideration associated with

the easement cannot be predetermined and because it is

possible that the total consideration payable by San Ignacio

Joint Venture and its assignees during the ninety-nine year

term of the easement may exceed one hundred thousand dollars

($100,000), this 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 state

game commission to San Ignacio Joint Venture for consideration

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that may, during the ninety-nine year term of the easement,

exceed one hundred thousand dollars ($100,000) be approved

pursuant to Section 13-6-3 NMSA 1978; and

BE IT FURTHER RESOLVED that copies of this joint

resolution be transmitted to the chair of the state game

commission, the attorney general and the business manager of

San Ignacio Joint Venture.