HOUSE FLOOR SUBSTITUTE FOR

HOUSE JOINT RESOLUTION 20

52nd legislature - STATE OF NEW MEXICO - first session, 2015

A JOINT RESOLUTION

RATIFYING AND APPROVING A TRANSFER OF REAL PROPERTY FROM THE GENERAL SERVICES DEPARTMENT TO THE ADMINISTRATIVE OFFICE OF THE COURTS FOR A FUTURE MAGISTRATE COURT FACILITY.

     WHEREAS, Section 13-6-2 NMSA 1978 provides that a state

agency may sell or otherwise dispose of real property by

negotiated sale or donation to a state agency; and

     WHEREAS, Section 13-6-3 NMSA 1978 provides that any sale,

trade or lease for a period exceeding twenty-five years in duration of real property belonging to any state agency, which sale, trade or lease shall be for a consideration of one hundred thousand dollars ($100,000) or more, shall be subject to the ratification and approval of the state legislature prior to the sale, trade, donation or lease becoming effective; and

     WHEREAS, the general services department, in 2006, acquired certain undeveloped real property in the county of Santa Fe, state of New Mexico, described as Lots 1A and 5A as shown on plat entitled "Lot Line Adjustment Plat Prepared for Santa Fe Business Park, LLC adjusting the line between Lots 1 and 5 Joseph E. Valdez Industrial Park...", recorded in the office of the County Clerk, Santa Fe County, New Mexico on May 3, 2002 in Plat Book 501, Page 016 as Document No. 1204685, and Lots 2, 3 and 4 of Joseph E. Valdez Industrial Park Subdivision, as shown on plat recorded in the office of the County Clerk, Santa Fe County, New Mexico on July 16, 1999 in Plat Book 419, Page 026 as Document No. 1082596, all of said lots being more particularly described as follows:

"beginning at a point on the northerly boundary of the tract herein described, said point being marked by a U.S.G.L.O. Brass Cap, marking the point common to PC 6025, T2 and PC 689, Section 6 and Section 7, T16N, R9E, NMPM, thence from said point of beginning; N 51° 07' 46" E, 82.38 feet, to a U.S.G.L.O. Brass Cap, marking the point common to the Southwest corner of PC 1181 and PC 602, Section 6 and Section 7, T16N, R9E, NMPM, thence; N 51° 24' 13" E, 470.30 feet, thence; S 71° 29' 35" E, 130.77 feet, thence along a curve to the left, Delta = 18° 28' 58", Radius = 622.96 feet, Arc Length = 200.96 feet, Chord Bearing S 08° 11' 14" W, Chord Length 200.09 feet, thence along a curve to the left;

Delta = 27° 29' 43", Radius = 622.96 feet, Arc Length = 121.92 feet, Chord Bearing S 22° 56' 27" E, Chord Length 121.72 feet, thence along a curve to the right; Delta = 72° 34' 03", Radius = 221.53 feet, Arc Length = 280.58 feet, Chord Bearing S 07° 44' 10" W, Chord Length 262.20 feet, thence; S 44° 01' 12" W, 263.35 feet, thence along a curve to the right, Delta = 19° 59' 44", Radius 559.41 feet, Arc Length = 195.23 feet, Chord Bearing S 54° 01' 44" W, Chord Length 194.24 feet, thence; N 19° 49' 45" W, 763.56 feet, thence; N 50° 55' 34" E, 40.78 feet, to the point and place of beginning; and

     WHEREAS, the general services department has determined that there is no present use for the property in the state master plan and, in consultation with the administrative office of the courts, has determined that the best use of the value of the property is as a future building site for a magistrate court facility; and

     WHEREAS, the property has a value in excess of one hundred

thousand dollars ($100,000);

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the proposed transfer of the property from the general services department to the administrative office of the courts be hereby ratified and approved by the legislature; and

     BE IT FURTHER RESOLVED that the legislative authorization for the proposed transfer be contingent upon agreement by the parties in the conveyance document; and

     BE IT FURTHER RESOLVED that the authorization be contingent upon agreement by the parties in the conveyance document that if the administrative office of the courts does not start construction of the magistrate court facility within two years of the date of conveyance of the property, the property shall be reconveyed by the administrative office of the courts to the general services department at no cost to the department; and

     BE IT FURTHER RESOLVED that the authorization be contingent upon agreement by the parties in the conveyance document that if the administrative office of the courts ever decides that the property is no longer needed for the magistrate court facility and should be disposed of, at the option of the general services department and at no cost to the department, the property shall be reconveyed by the administrative office of the courts to the general services department; and

     BE IT FURTHER RESOLVED that the property shall not be sold, conveyed or transferred until the proposed conveyance document has been reviewed and approved by the capitol buildings planning commission; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of general services, the director of the administrative office of the courts and the director of the legislative council service on behalf of the capitol buildings planning commission.

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