SENATE JOINT RESOLUTION 9

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Clemente Sanchez

A JOINT RESOLUTION

RATIFYING AND APPROVING THE DONATION AND TRANSFER OF TWO TRACTS OF STATE-OWNED REAL PROPERTY THAT ARE CURRENTLY LEASED BY THE VILLAGE OF LOS LUNAS AND OTHERS FOR MUNICIPAL AND RELATED PURPOSES TO THE VILLAGE OF LOS LUNAS.

     WHEREAS, the facilities management division of the general services department owns real property located at 660 Main Street, Los Lunas, New Mexico, referred to as the "Don Pasqual" real property, which real property is currently leased by the village of Los Lunas for its administrative offices, road maintenance yard and senior center and by first choice for the care of sick and indigent citizens of the village and of Valencia county; and

     WHEREAS, the facilities management division of the general services department owns real property located on highway 314 in Los Lunas, New Mexico, referred to as the "Highway 314" real property, which real property is currently leased in part by the village of Los Lunas, the Los Lunas public school district and Valencia county for a park, recreational facilities, a sports complex, an animal control shelter and a road and bus maintenance compound, including numerous improvements; and

     WHEREAS, Section 13-6-2 NMSA 1978 provides that upon a written determination, a state agency may sell or otherwise dispose of real property by negotiated sale or donation to a local public body; and

     WHEREAS, the Don Pasqual and Highway 314 real properties are not needed by the state of New Mexico for any purpose and they may be donated and transferred; and

     WHEREAS, the facilities management division of the general services department has made a written determination that it would be in the best interest of the state of New Mexico for the state to donate and transfer the Don Pasqual and Highway 314 real properties to the village of Los Lunas for the continued use by the village, the Los Lunas public school district and Valencia county as described in this resolution; and

     WHEREAS, as a condition of the donation and transfer of the Highway 314 real property, the village of Los Lunas shall provide for the Los Lunas public school district and Valencia county to continue uninterruptedly their current use of the Highway 314 real property; and

     WHEREAS, Section 13-6-3 NMSA 1978 provides in pertinent part that any sale, trade or lease of state property for consideration of one hundred thousand dollars ($100,000) or more shall be subject to ratification and approval by the state legislature; and

     WHEREAS, in Rule 1.5.23.7 NMAC, the state board of finance defines "sale, trade or lease" as any disposition of real property, including donation; and

     WHEREAS, the Don Pasqual and Highway 314 real properties each separately has a value in excess of one hundred thousand dollars ($100,000); and

     WHEREAS, the Don Pasqual real property is described as follows:

Beginning at the Southwest Corner of the herein described tract of land whence the U.S.G.S. Trangulation Station "Luna-Gallup 2" bears N 16º19'29" W, 1,613.88 feet, thence from said point of beginning the following:

N 53º 34' 59" E, 583.12 feet, Thence

N 37º 07' 42" W, 20.00 feet, Thence

N 53º 34' 43" E, 266.61 feet, Thence along a curve to the left, through a central angle of 36º48'30", with a radius of 250.99 feet a length of 161.24 feet the chord bearing of which is in N 35º10'44" E, and the chord distance of 158.48 feet, Thence

N 16º 46' 29" E, 379.57 feet, Thence

S 68º 59' 23" E, 368.10 feet, Thence

S 22º 12' 58" W, 1,293.54 feet, Thence

S 26º 23' 07" W, 128.21 feet, Thence

S 22º 27' 51" W, 93.24 feet, Thence along a curve to the right, through a central angle of 72º 36' 43", with a radius of 18.35 feet, a length of 23.26 feet the chord bearing of which is S 76º 11' 33" W, and the chord distance of 21.73 feet, thence

Along a curve to the right through a central angle of 3º17'11", with a radius of 3,760.00 feet, a length of 215.67 feet, the chord bearing of which is N 48º24'52" W, and the chord distance of 215.64 feet,

Thence

Along a curve to the left, through a central angle of 4º18'16", with a radius of 3,880.00 feet, a length of 291.49 feet, the chord bearing of which is N 48º55'24" W, and the chord distance of 291.42 feet,

Thence

N 51º 04' 32" W, 180.41 feet, Thence

N 38º 55' 28" E, 30.00 feet, Thence

N 51º 04' 32" W, 60.00 feet, Thence

S 38º 55' 28" E, 30.00 feet, Thence

N 51º 04' 32" W, 58.37 feet to the point and place of beginning; and

Containing 16.21 ac. more or less; and

     WHEREAS, the Highway 314 real property is described as follows:

Beginning at the Northwest Corner of the herein described Tract of Land whence the U.S.G.S. Brass Cap "Gallup-Luna 2" bears N 14º 01' 49" W, 6,538.23 feet, thence from said point of beginning the following:

S 79º 47' 32" E, 1,099.93 feet, Thence

S 10º 24' 47" W, 3,496.89 feet, Thence

N 78º 18' 06" W, 1,124.74 feet, Thence

N 10º 49' 06" E, 3,467.80 feet to the point and place of beginning; and

Containing 88.91 ac. more or less; and

     WHEREAS, the state shall retain appropriate rights of way and easements, and the donation and transfer shall be subject to reservations, restrictions or easements of record; 

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the donation and transfer of the Don Pasqual real property from the state to the village of Los Lunas be and is hereby ratified and approved by the legislature; and

     BE IT FURTHER RESOLVED that the donation and transfer of the Highway 314 real property from the state to the village of Los Lunas be and is hereby ratified and approved by the legislature; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the secretary of general services, the capitol buildings planning commission and the mayor of the village of Los Lunas.

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