HOUSE JOINT RESOLUTION 4
54th legislature - STATE OF NEW MEXICO - second session, 2020
INTRODUCED BY
James G. Townsend
A JOINT RESOLUTION
RATIFYING AND APPROVING THE SALE BY THE INTERSTATE STREAM COMMISSION OF A TRACT OF UNDEVELOPED LAND LOCATED IN EDDY COUNTY NEAR CARLSBAD, NEW MEXICO.
WHEREAS, Section 13-6-2 NMSA 1978 provides that a state agency may sell or otherwise dispose of real property by competitive sealed bid, public auction or negotiated sale to a private person or to other entities; and
WHEREAS, Section 13-6-3 NMSA 1978 provides in pertinent part that any sale, trade or lease of real property belonging to a state agency 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, the interstate stream commission holds the title to a tract of undeveloped land located in Eddy county near Carlsbad, New Mexico, but has determined that ownership of that real property is no longer necessary or desirable; and
WHEREAS, pursuant to Subsection D of Section 72-1-2.6 NMSA 1978, after offering the property for sale to the original owner, the interstate stream commission offered the property for sale by competitive sealed bid and has signed a purchase and sale agreement with the winning bidder, pending legislative ratification and approval; and
WHEREAS, the property is described as follows:
BEING a tract of land in Eddy County, NM, being a portion of the NW/4 SE/4 of Section 17, Township 22 South, Range 27 East, N.M.P.M., and being more particularly described as follows:
BEGINNING at a point on the North line of said NW/4 SE/4 which is N89°30'24"E a distance of 191.50 feet from the C/4 corner of said Sec 17, which point is also the NE corner of Cottonwood Meadows Subdivision;
THENCE N89°30'24"E, continuing along said North line for M=1153.42 feet (R=1132.90 feet);
THENCE S00°04'31"E, along the East line of said NW/4 SE/4, for M=1351.88 feet (R=1336.00 feet);
THENCE N89°36'55"W, along the South line of said NW/4 SE/4, for M=1147.06 feet (R=1132.90 feet);
THENCE N00°24'35"W, along the West line of said NW/4 SE/4, for 661.62 feet, which point is the Easterly Southern corner of Cottonwood Meadows Subdivision;
THENCE N00°17'19"W, continuing along said West line (East line of said subdivision), for 672.65 feet to the point of beginning, containing 35.47 acres, more or less; and
WHEREAS, the property has been appraised for one hundred ninety-five thousand dollars ($195,000); and
WHEREAS, the appraisal has been reviewed and approved by the property tax division of the taxation and revenue department; and
WHEREAS, consideration for sale of the property shall be three hundred fifty-four thousand seven hundred one dollars ($354,701), the amount of the highest bid received by the interstate stream commission; and
WHEREAS, Section 72-1-2.5 NMSA 1978 created the Pecos river basin land management fund in the state treasury; and
WHEREAS, pursuant to Subsection D of Section 72-1-2.6 NMSA 1978, the revenue from the sale of the property shall be deposited into the Pecos river basin land management fund;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the sale of the property as described above be hereby ratified and approved by the legislature; and
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the interstate stream commission.
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