SENATE JOINT RESOLUTION 13
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Timothy Z. Jennings
A JOINT RESOLUTION
RATIFYING AND APPROVING THE TRANSFER OF LAND IN CHAVES COUNTY FROM THE INTERSTATE STREAM COMMISSION TO THE TOWN OF HAGERMAN.
WHEREAS, Section 13-6-3 NMSA 1978 requires the ratification and approval of the legislature of any sale, trade or lease of real property belonging to a state agency that involves a consideration of one hundred thousand dollars ($100,000) or more; and
WHEREAS, the interstate stream commission has title to five tracts of certain real property in Chaves county, being more particularly described as follows:
"A part of the SW/4 SE/4, and the NW/4 SE/4, and the SW/4 NE/4, Section 3, Township 14 South, Range 26 East, N.M.P.M., Chaves County, New Mexico, being more particularly described as:
From an aluminum-capped rebar set by NMPS9242 (and recorded in Plat Book Q of the Chaves County Clerk at page 19) to mark the South Quarter Corner of Section 3, Township 14 South, Range 26 East (and predicated on the South Line of the Southeast Quarter of said Section 3 being 2642.58 feet in length and having a bearing of South 89∘47'00" West); Thence North 00∘33'08" East a distance of 297.03 feet to a #4 Rebar with plastic cap marked "LS-8112", and the Point of Beginning; Thence North 00∘33'08" East along the Longtitudinal Quarter line a distance of 1029.50 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the Center-South 1/16th Corner of said Section 3; Thence continuing North 00∘33'08" East along the Longitudinal Quarter line a distance of 1326.53 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the Center Quarter Corner of said Section 3; Thence continuing North 00∘33'08" East along the Longitudinal Quarter line a distance of 1335.51 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the Center-North 1/16th corner of said Section 3; Thence North 89∘37'21" East along the Sixteenth line a distance of 1282.77 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the North-East 1/16th Corner of said Section 3. Thence South 00∘00'16" West along the Sixteenth line a distance of 1338.93 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the Center-East 1/16th Corner of said Section 3; Thence South 00∘00'15" East along the Sixteenth line a distance of 1326.46 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the South-East 1/16th Corner of said Section 3; Thence South 00∘00'15" East along the Sixteenth line a distance of 1326.46 feet to a #4 Rebar with plastic cap marked "LS-8112", which marks the East 1/16th Corner Common to Sections 3 and 10; Thence South 89∘47'00" West along the Section line a distance of 697.24 feet to a #4 Rebar with plastic cap marked "LS-8112"; Thence North 00∘33'08" East, Parallel with the Longitudinal Quarter Line of said Section 3 a distance of 297.03 feet to a #4 Rebar with plastic cap marked "LS-8112"; Thence South 89∘47'00" West parallel to the South Section line a distance of 624.06 feet to the point of Beginning; and containing 115.00 acres, more or less.;
PART S1/2SE1/4 SECTION 15, TOWNSHIP 14 SOUTH, RANGE 26 EAST, N.M.P.M.; BEGINNING AT THE SEc OF SECTION 15: THENCE S89∘36'57"W ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 2363.14 FEET; THENCE N00∘07'39"W PARALLEL TO THE EAST LINE OF SAID SECTION 15 A DISTANCE OF 1321.17 FEET TO THE NORTH LINE OF THE S/2 SE/4 OF SAID SECTION 15; THENCE N89∘36'24"E ALONG SAID NORTH LINE A DISTANCE OF 2363.14 FEET TO THE EAST LINE OF SAID SECTION 15; THENCE S00∘07'39"E ALONG SAID EAST LINE A DISTANCE OF 1321.54 FEET TO THE POINT OF BEGINNING, CONTAINING 71.683 ACRES+. THIS PROPERTY IS SUBJECT TO A ROADWAY AFFECTING THE EAST LINE OF THIS PROPERTY PER BOOK B PAGE 4 OF COMMISSIONERS PROCEEDINGS APRIL 2, 1907 AND A ROADWAY AFFECTING THE SOUTH 30 FEET OF THIS PROPERTY PER BOOK B, PAGE 37 OF COMMISSIONERS PROCEEDINGS FEBRUARY 29, 1908.;
TOWNSHIP 14 SOUTH, RANGE 26 EAST N.M.P.M.;
THE SOUTH 100 ACRES OF THE W/2 W/2 OF SAID SECTION 14. THIS PROPERTY SUBJECT TO AN EASEMENT FOR IRRIGATION AND ACCESS FOR MAINTENANCE OF WELL AND IRRIGATION DITCH BETTER DESCRIBED AS BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH PROPERTY LINE OF PARCEL 3 AND THE EAST RIGHT OF WAY OF MONO ROAD; THENCE N89∘45'50"E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 50.00 FEET; THENCE S00∘07'39"E PARALLEL TO SAID EAST RIGHT OF WAY A DISTANCE OF 593.46 FEET; THENCE N89∘02'49"E A DISTANCE OF 50.00 FEET; THENCE S00∘07'39"E A DISTANCE OF 68.55 FEET; THENCE N89∘02'49"E A DISTANCE OF 1192.82 FEET TO THE EAST PROPERTY LINE OF PARCEL 3. THENCE S00∘08'02"E ALONG SAID EAST PROPERTY LINE A DISTANCE OF 50.00 FEET; THENCE S89∘02'49"W A DISTANCE OF 1292.84 FEET TO THE EAST RIGHT OF WAY OF MONO ROAD; THENCE N00∘07'39"W ALONG SAID RIGHT OF WAY A DISTANCE OF 713.36 FEET TO THE POINT OF BEGINNING. PROPERTY IS ALSO SUBJECT TO A ROADWAY AFFECTING THE WEST LINE OF THIS PROPERTY PER BOOK B PAGE 4 OF COMMISSIONERS PROCEEDINGS APRIL 2, 1907 AND A ROADWAY AFFECTING THE SOUTH 30 FEET OF THIS PROPERTY PER BOOK B PAGE 37 OF COMMISSIONERS PROCEEDINGS FEBRUARY 29, 1908.;
PART N1/2SE1/4, SECTION 15, TOWNSHIP 14 SOUTH, RANGE 26 EAST, N.M.P.M.; BEGINNING AT THE SEc N/2 SE/4 OF SAID SECTION 15 FROM WHICH THE SEc OF SAID SECTION 15 BEARS S00∘07'39"E A DISTANCE OF 1321.54 FEET; THENCE S89∘36'24"W ALONG THE SOUTH LINE OF SAID N/2 SE/4 A DISTANCE OF 2363.14 FEET; THENCE N00∘07'39"W PARALLEL TO THE EAST LINE OF SAID SECTION 15 A DISTANCE OF 804.97 FEET; THENCE N89∘36'24"E PARALLEL TO SAID SOUTH LINE N/2 SE/4 A DISTANCE OF 2363.14 FEET TO THE EAST LINE OF SAID SECTION 15; THENCE S00∘07'39"E ALONG SAID EAST LINE A DISTANCE OF 804.97 FEET TO THE POINT OF BEGINNING, CONTAINING 43.689 ACRES+. THIS PROPERTY IS SUBJECT TO A ROADWAY AFFECTING THE EAST PROPERTY LINE PER BOOK B PAGE 4 OF COMMISSIONERS PROCEEDINGS APRIL 2, 1907.; and
Section 3: SE/4SE/4, less and except the North 198' of the East 136'
Section 10: lots 1, 2, 11 and 12 West Hagerman Addition (SE/4NE/4), NE/4NE/4
Section 11: NW/4NW/4, SW/4NW/4, NW/4SW/4
All in Township 14 South, Range 26 East, N.M.P.M., Chaves County, New Mexico
containing 236.657 acres more or less.";
and
WHEREAS, the described real property is no longer suitable for agricultural uses because the water rights have been separated and transferred; and
WHEREAS, the described real property should be utilized in order to control the environmental issues of land erosion, blowing dust and noxious weed growth; and
WHEREAS, the town of Hagerman has suffered catastrophic financial losses as a result of the decrease in agricultural-based businesses; and
WHEREAS, the described real property would be used by the town of Hagerman for economic development, new housing and other facilities serving the community; and
WHEREAS, the interstate stream commission desires to donate and the town of Hagerman desires to accept title to the described real property;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the interstate stream commission be authorized to donate or otherwise transfer the described real property to the town of Hagerman and that the donation or other transfer is hereby ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the chair of the interstate stream commission and to the mayor and town council of the town of Hagerman.