SJR20

SENATE JOINT RESOLUTION 20

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Pete Campos

A JOINT RESOLUTION

AUTHORIZING THE PROPERTY COMPRISING THE VIETNAM VETERANS MEMORIAL STATE PARK IN COLFAX COUNTY TO BE TRANSFERRED FROM THE STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO THE FACILITIES MANAGEMENT DIVISION OF THE GENERAL SERVICES DEPARTMENT.

WHEREAS, in 2005, the state parks division of the energy, minerals and natural resources department acquired property, including the Vietnam veterans memorial, from the David Westphall veterans foundation, incorporated, as authorized in Senate Joint Resolution 11 from the second session of the forty-sixth legislature for use as a state park; and

WHEREAS, property that includes the Vietnam veterans memorial in Colfax county is currently owned by the state parks division of the energy, minerals and natural resources department and operated as a state park; and

WHEREAS, the state parks division of the energy, minerals, and natural resources department, the veterans' services department and the David Westphall veterans foundation, incorporated, desire that the property be transferred from the state parks division of the energy, minerals and natural resources department to the facilities management division of the general services department; and

WHEREAS, the property comprising the Vietnam veterans memorial state park has a value in excess of one hundred thousand dollars ($100,000); and

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

WHEREAS, in 1.5.23.7 NMAC, the state board of finance defines "sale, trade or lease" as any disposition of real property, including donation by one governmental entity to another governmental entity; and

WHEREAS, the property to be transferred has met the requirements for property to be used as a Vietnam veterans memorial and is of historical importance to the residents of the state; and

WHEREAS, the property to be transferred is more particularly described as:

"All that certain parcel of land lying and being situate within the Maxwell Land Grant, within Projected Section 36, T26N, Rl5E, and Projected Section 31, T26N, Rl6E, N.M.P.M., Colfax County, New Mexico.

Commencing at the section corner common to Sections 29, 30, 31 and 32, T26N, R16E, N.M.P.M.; Thence S54°21'02"W, a distance of 6005.47 feet to the point of beginning of the herein described parcel of land; said point being the most northerly corner of lands described as Tract 3 in that certain quitclaim deed to David Westphall Veterans Foundation, Inc. recorded in the Office of the Colfax County Clerk in Real Estate Records Book 9, Page 13490, said point also being the most easterly corner of Tract 4 described in the last mentioned deed;

Thence running from said point of beginning South 57°44'00" East, along the northeasterly line of said Tract 3 and along the southwesterly line of Parcel B as shown on a plat titled "BOUNDARY SURVEY PLAT FOR SALADON PROPERTIES, LLC," filed in the Office of the Colfax County Clerk in Survey Book 1, Page 03034, a distance of 490.36 feet to a point on the northwesterly right-of-way of U.S. Highway No. 64;

Thence South 40°54'07" West, along said right-of-way, a distance of 232.70 feet to a point on the northerly right-of-way of Onate Road;

Thence in a general westerly direction along the last mentioned right-of-way the following courses and distances:

South 73°16'32" West, a distance of 179.10 feet to a point;

Thence along a curve to the right having a central angle of 21°40'15", a radius of 387.77 feet, an arc length of 146.67 feet and whose chord bears South 84°06'39" West, a distance of 145.79 feet to a point;

Thence North 85°03'13" West, a distance of 496.45 feet to a point;

Thence along a curve to the right having a central angle of 3°49'35", a radius of 2959.53 feet, an arc length of 197.64 feet and whose chord bears North 83°10'28" West, a distance of 197.61 feet to a point;

Thence North 81°15'14" West, a distance of 366.49 feet to a point;

Thence along a curve to the right having a central angle of 41°08'27", a radius of 369.19 feet, an arc length of 265.09 feet and whose chord bears North 60°42'50" West, a distance of 259.44 feet to a point;

Thence North 40°02'37" West, a distance of 443.49 feet to a point;

Thence along a curve to the left having a central angle of 11°34'29", a radius of 537.68 feet, an arc length of 108.62 feet and whose chord bears North 45°48'14" West, a distance of 108.44 feet to the southeast corner of Lot 9, Block 1 of Val Verde Ranch Subdivision Unit Five, a plat of said subdivision having been filed in the Office of the Colfax County Clerk in Plat Book 4, page 25;

Thence North 27°37'56" East, along the easterly line of said Lot 9, a distance of 259.26 feet to a point on the southerly right-of-way of Country Club Road;

Thence in a general northeasterly direction along said right-of-way the following courses and distances:

Along a curve to the left having a central angle of 19°27'51", a radius of 209.16 feet, an arc length of 71.05 feet and whose chord bears South 89°42'52" East, a distance of 70.71 feet to a point;

Thence North 80°35'37" East, a distance of 231.66 feet to the most easterly corner of said Country Club Road as shown on the last mentioned plat;

Thence North 25°51'00" West, along the northeasterly end of said Country Club Road and continuing along TRACT D - TRACT 1 as shown on the aforesaid plat titled "BOUNDARY SURVEY PLAT FOR SALADON PROPERTIES, LLC" filed in the Office of the Colfax County Clerk in Survey Book 1, Page 03034, a distance of 141.71 feet;

Thence North 57°48'45" East, continuing along said TRACT D - TRACT 1, a distance of 273.33 feet;

Thence South 57°42'03" East, along PARCEL B as shown on the last mentioned plat, a distance of 1310.38 feet to the Point of Beginning. Containing 31.546 acres of land more or less.

Also Lot 9, Block 1 of Val Verde Ranch Subdivision, Unit No. 5, Colfax County, New Mexico, as shown on Plat recorded in Plat Book 4, Page 25, records of Colfax County, New Mexico; and

Lot 8, Block 1, Val Verde 5 Subdivision, located within Colfax County containing 0.5 acres more or less.";

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the proposed donation and transfer of the real property that the state parks division of the energy, minerals and natural resources department owns and operates as the Vietnam veterans memorial state park as described above from the state parks division of the energy, minerals and natural resources department to the facilities management division of the general services department be and is hereby ratified and approved by the legislature; and

BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the David Westphall veterans foundation, incorporated, the facilities management division of the general services department, the veterans' services department and the state parks division of the energy, minerals and natural resources department.

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