HOUSE JOINT RESOLUTION 7

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Patricia A. Lundstrom

A JOINT RESOLUTION

AUTHORIZING DISPOSAL OF SURPLUS LAND IN MCKINLEY COUNTY BY THE STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT.

     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 energy, minerals and natural resources department owns certain real property in the county of McKinley, state of New Mexico described as A certain Tract of land situate within the North 1/2 of Section 11, Township 13 North, Range 21 West, of the New Mexico Principal Meridian, McKinley County, New Mexico, and being more particularly described as follows:

          "BEGINNING at the Northeast corner of the parcel herein described, being the Section corner common to Sections 1, 2, 11 and 12, T 13 N, R 21 W, NMPM (in place);

          THENCE along the easterly line of Section 11, S 00̊ 07' 07" W, 433.23 feet to the Southeast corner, a point on the Northerly Right of way line of Interstate Highway 40;

          THENCE leaving said Section line and along said Northerly Right of way line, S 59̊ 56' 46" W, 4080.12 feet to the Southwest corner, being the point of intersection of the Northerly Right of way line of Interstate Highway 40 and the Southerly Right of way line of the Burlington Northern Santa Fe Railway;

          THENCE leaving said Northerly Right of way line and along said Southerly Right of way line, N 31̊ 59' 21" E, 2953.10 feet to the Northwest corner, being a point on the Northerly line of Section 11;

          THENCE leaving said Southerly Right of way line and along said Northerly line, S 89̊ 11' 00" E, 1968.24 feet to the point of beginning and containing 74.6250 acres, more or less"; and

     WHEREAS, A certain Tract of land situate within Sections 10, 11 and 15, Township 13 North, Range 21 West, of the New Mexico Principal Meridian, McKinley County, New Mexico, and being more particularly described as follows:

          "BEGINNING at the Southeast corner of the parcel herein described, being the Section corner common to Sections 11, 12, 13 and 14, T 13 N, R 21 W, NMPM (in place);

          THENCE along the Southerly line of Section 11, N 89̊ 19' 04" W, 5165.42 feet to the Section corner common to Sections 10, 11, 14 and 15, T 13 N, R 21 W, NMPM (in place);

          THENCE along the Easterly line of Section 15, S 00̊ 16' 00" E, 1326.60 feet;

          THENCE along the Southerly line of Lot 1 in Section 15, N 90̊ 00' 00" W, 914.16 feet to the Southeast corner, a point on the Southerly Right of way line of the Burlington Northern Santa Fe Railway;

          THENCE leaving said Southerly line and along said Southerly Right of way line, N 31̊ 59' 21" E, 4173.91 feet to the Northwest corner, being a point of intersection of the Burlington Northern Santa Fe Railway Right of way and the Southerly Right of way line of Interstate Highway 40;

          THENCE leaving said Southerly Railway Right of way line and along said Southerly Interstate Right of way line, N 59̊ 56' 46" E, 4470.95 feet to the Northeast corner, being a point on the Easterly line of Section 11;

          THENCE leaving said Southerly Right of way line and along said Easterly line, S 00̊ 07' 07" W, 1866.64 feet to the East 1/4 corner of Section 11 (in place);

          THENCE continuing along said Easterly line, S 00̊ 05' 21" W, 2647.50 feet to the Point of beginning and containing 350.5803 acres, more or less"; and

     WHEREAS, the parcels owned by the state parks division of the energy, minerals and natural resources department do not qualify for state park status under Section 16-2-11 NMSA 1978 and are not likely ever to be designated as a state park, or as part of a state park, and are therefore surplus to the state parks division;

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

STATE OF NEW MEXICO that the state parks division of the energy, minerals and natural resources department be authorized to to dispose of said surplus property by donation, exchange or sale pursuant Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of energy, minerals and natural resources and the director of the state parks division of the energy, minerals and natural resources department.

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