HOUSE JOINT RESOLUTION 14
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Alonzo Baldonado and Joshua Sanchez and Gregory A. Baca and Gail Armstrong and Kelly K. Fajardo
A JOINT RESOLUTION
AUTHORIZING THE GENERAL SERVICES DEPARTMENT TO GRANT EASEMENTS FOR A ROAD OVER SEVEN PARCELS OF LAND CONSISTING OF 32.2076 ACRES OF LAND, MORE OR LESS, TO THE VILLAGE OF LOS LUNAS FOR THE USE OF AN EAST-WEST TRAFFIC RELIEF CORRIDOR AND INTERCHANGE WITH INTERSTATE 25.
WHEREAS, Section 13-6-2 NMSA 1978 authorizes state agencies to donate real property to other state agencies, local public bodies, school districts or state educational institutions; 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 of 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, approximately 32.2076 acres of land, more or less, within the village of Los Lunas that is currently held by the general services department comprises seven parcels of land along Morris road and interstate 25 in an area that has been planned for a highway interchange and an east-west traffic relief corridor for the village of Los Lunas; and
WHEREAS, the general services department supports the acquisition by the village of Los Lunas of permanent easements over the 32.2076 acres of land, more or less, described herein for the use of an east-west traffic corridor and interchange with interstate highway 25; and
WHEREAS, the general services department and the village of Los Lunas agree that easements for a road over the lands described herein are worth more than one hundred thousand dollars ($100,000); and
WHEREAS, on March 11, 2021, the secretary of general services and the village of Los Lunas entered into a memorandum of agreement regarding the sale of permanent easements over the seven parcels of property described herein at a price to be established by an appraisal conducted by a New Mexico licensed appraiser; and
WHEREAS, parcel number one is described as:
"PROPERTY DESCRIPTION
PCN A300961
2-3
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Section 31, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, in land as described in Quitclaim Deed, filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Page 1015 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the northwesterly corner of said parcel, said point also being a point on the present (2020) Right of Way line of Interstate 25, and being 776.90 feet right of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T Sta. 21+79.85, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3,25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 18°49’15" East a distance of 1763.07 feet;
THENCE leaving said present (2020) Right of Way line of Interstate 25 North 89° 27' 58" East a distance of 163.89 feet to the northeasterly corner of said parcel;
THENCE along the arc of a curve to the right, having a central angle of 04° 16' 50", having a radius of 1628.00 feet, a chord bearing of South 30° 42' 57" West a distance of 121.60 feet and an arc distance of 121.63 feet to a point of reverse curvature;
THENCE along the arc of a curve to the left, having a central angle of 04° 47' 05", having a radius of 2390.59 feet, a chord bearing of South 30° 50' 48" West a distance of 199.57 feet and an arc distance of 199.63 feet to a point of compound curvature;
THENCE along the arc of a curve to the left, having a central angle of 08° 44' 04", having a radius of 3658.04 feet, a chord bearing of South 24° 05' 14" West a distance of 557.10 feet and an arc distance of 557.64 feet to a point of tangency;
THENCE South 19° 43' 12" West a distance of 54.46 feet to the southeasterly corner of said parcel;
THENCE North 70° 16' 48" West a distance of 49.64 feet to the southwesterly corner of the parcel herein described, said point also being a point on said present (2020) Right of Way line of Interstate 25;
THENCE North 19° 43' 17" East a distance of 868.40 feet to the POINT OF BEGINNING.
Parcel contains + 1.6605 acres (72,330 Sq. Ft.), more or less."; and
WHEREAS, parcel number 2 is described as:
"PROPERTY DESCRIPTION
PCN A300961
4-2
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Section 31, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract 2A of the M.R.G.C.D. Map No. 74. Said parcel of land also referenced in Quitclaim Deed, filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Page 1014 and in Quitclaim Deed, filed on April 3, 1980, in Book 263, Page 1016 being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the western-most corner of said parcel, said point also being a point on the southerly boundary of Tract 3, Subdivision Plat of Rancho Valencia, filed in the office of the County Clerk of Valencia County, New Mexico on October 25, 2006, in Cabinet J, Page 734, Document Number 200621008, and being 150.00 feet right of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T Sta. 33+75.73, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 22°06’58" West a distance of 1788.52 feet;
THENCE along said southerly boundary of Tract 3 and the present (2020) southerly Right of Way line of Morris road North 89° 20' 23" East a distance of 1389.36 feet to a point on the present (2020) westerly Right of Way line of M.R.G.C.D. New Belen Acequia;
THENCE along said present (2020) westerly Right of Way line of M.R.G.C.D. New Belen Acequia South 17° 49' 57" West a distance of 0.71 feet to an angle point;
THENCE South 15° 23' 27" West a distance of 126.39 feet;
THENCE North 74° 10' 44" West a distance of 309.54 feet;
THENCE North 43° 12' 40" West a distance of 7.39 feet;
THENCE North 89° 38' 50" West a distance of 157.19 feet;
THENCE South 42° 33' 18" West a distance of 40.15 feet;
THENCE South 89° 32' 49" West a distance of 725.75 feet;
THENCE along the arc of a curve to the right, having a central angle of 07° 33' 01", having a radius of 1150.00 feet, a chord bearing of North 70° 16' 55" West a distance of 151.44 feet and an arc distance of 151.55 feet to the POINT OF BEGINNING.
Parcel contains + 1.7030 acres (74,184 Sq. Ft.), more or less."; and
WHEREAS, parcel number 3 is described as:
"PROPERTY DESCRIPTION
PCN A300961
4-2A
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Section 32, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract 47A1 of the M.R.G.C.D. Map No. 75. Said parcel of land also referenced in Quitclaim Deed, filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Page 1016 and in Quitclaim Deed, filed on April 3, 1980, in Book 263, Page 1016 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the northwesterly corner of said parcel, said point also being a point on the present (2020) southerly right-of-way of Morris Road, and being 62.36 feet left of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.C. Sta. 47+92.32, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 52° 37’ 33" West a distance of 2701.64 feet;
THENCE along said present (2020) southerly right-of-way of Morris Road North 89° 20' 23" East a distance of 142.40 feet;
THENCE along said present (2020) southerly right-of-way of Morris Road South 67° 57' 32" East a distance of 1050.95 feet to the present (2020) right-of-way of the M.R.G.C.D. Los Lunas Ditch;
THENCE along said present (2020) right-of-way of the M.R.G.C.D. Los Lunas Ditch South 19° 18' 29" West a distance of 204.37 feet;
THENCE along said present (2020) right-of-way of the M.R.G.C.D. Los Lunas Ditch North 88° 32' 37" East a distance of 23.70 feet;
THENCE along said present (2020) right-of-way of the M.R.G.C.D. Los Lunas Ditch along the arc of a curve to the left, having a central angle of 18° 31' 08", having a radius of 125.49 feet, a chord bearing of South 18° 11' 57" East a distance of 40.38 feet and an arc distance of 40.56 feet;
THENCE along the arc of a curve to the right, having a central angle of 05° 33' 49", having a radius of 3125.00 feet, a chord bearing of North 70° 38' 17" West a distance of 303.32 feet and an arc distance of 303.44 feet;
THENCE along the arc of a curve to the left, having a central angle of 03° 25' 36", having a radius of 1875.00 feet, a chord bearing of North 69° 34' 11" West a distance of 112.12 feet and an arc distance of 112.14 feet;
THENCE North 15° 23' 27" East a distance of 161.85 feet;
THENCE North 17° 49' 57" East a distance of 25.76 feet to the POINT OF BEGINNING.
Parcel contains + 6.4028 acres (278,906 Sq. Ft.), more or less."; and
WHEREAS, parcel number 4 is described as:
"PROPERTY DESCRIPTION
PCN A300961
5-2
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Section 32, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract 38 and Tract 39A1 of the M.R.G.C.D. Map No. 75 and a portion of Tract 3 of the Plat Showing Lands of General American Life Insurance Co. "Harlan Ranches", as the same is shown and designated in the plat recorded in the office of the County Clerk of Valencia County, New Mexico on January 7, 1938, being drawing number C-15-64. Said parcel also referenced in Quitclaim Deed, Filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Page 1002; Quitclaim Deed, filed on April 3, 1980 in Book 263, Page 1017 and Quitclaim Deed, filed on April 3, 1980 on Book 263, Page 1025 and being more Particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the northwest corner of the parcel herein described, and being 93.93 feet right of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T. Sta. 60+70.49, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 55° 40’ 47" West a distance of 3988.60 feet;
THENCE along the northerly line of the parcel herein described the following three (3) courses:
1. North 88° 32' 37" East a distance of 322.38 feet;
2. THENCE South 87° 04' 23" East a distance of 433.01 feet;
3. THENCE South 75° 56' 28" East a distance of 1083.52 feet to the northeast corner of the parcel herein described, and a point along the present (2020) westerly right-of-way of M.R.G.C.D. Los Chavez Drain;
THENCE along the easterly line of the parcel herein described and along the said present (2020) westerly right-of-way of M.R.G.C.D. Los Chavez Drain, South 44° 34' 32" West a distance of 56.59 feet to the southeast corner of the parcel herein described;
THENCE leaving said present (2020) westerly right-of-way of M.R.G.C.D. Los Chaves Drain and along the southerly line of the parcel herein described the following two (2) courses:
1. North 81° 33' 54" West a distance of 1409.95 feet;
2. THENCE 354.13 feet along the arc of a curve to the right, having a central angle of 06° 29' 34", having a radius of 3125.00 feet, a chord bearing of North 78° 19' 06" West a distance of 353.94 feet to the southwest corner of the parcel herein described and a point along the present (2020) easterly right-of-way line of M.R.G.C.D. Los Lunas Ditch;"
THENCE along the present (2020) easterly right-of-way line of M.R.G.C.D. Los Lunas Ditch and along the westerly line of the parcel herein described the following two (2) courses:
1. 27.09 feet along the arc of a curve to the left, having a central angle of 13° 17' 11", having a radius of 116.81 feet, a chord bearing of North 29° 41' 12" West a distance of 27.03 feet;
2. THENCE North 36° 19' 46" West a distance of 19.20 feet to the POINT OF BEGINNING.
Parcel contains + 4.2466 acres (184,980 Sq. Ft.), more or less."; and
WHEREAS, parcel number 5 is described as:
"PROPERTY DESCRIPTION
PCN A300961
5-2A
State of New Mexico (Property Control Division, Department of Finance and Administration)
A certain parcel of land situated in Projected Section 32, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract of the Plat Showing Lands of General American Life Insurance Co. "Harlan Ranches", as the same is shown and designated in the plat recorded in the office of the County Clerk of Valencia County, New Mexico on January 7, 1938, being drawing number C-15-64. Said parcel of land also described in Quitclaim Deed, filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Pages 1005 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the southwest corner of the parcel herein described and the southwest corner of said Tract 2, and being 171.61’ feet left of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T. Sta. 79+40.35, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 66° 13’ 51" West a distance of 5670.85 feet;
THENCE along the westerly line of the parcel herein described and along the westerly boundary line of said Tract 2, North 16° 42' 37" East a distance of 22.04 feet to the northwest corner of the parcel herein described;
THENCE along the northerly line of the parcel herein described, South 78° 13' 40" East a distance of 84.64 feet to the northeast corner of the parcel herein described along the easterly boundary line of said Tract 2 and along on the present (2020) westerly right-of-way of M.R.G.C.D. Los Chavez Drain;
THENCE along the easterly line of the parcel herein described and along on the said present (2020) westerly right-of-way of M.R.G.C.D. Los Chavez Drain and along the easterly boundary line of said Tract 2, South 37° 02' 32" West a distance of 24.78 feet to the southeast corner of the parcel herein described and the southeast corner of said Tract 2;
THENCE leaving said present (2020) right-of-way of M.R.G.C.D. Los Chavez Drain, and along the southerly boundary line of said Tract 2 North 77° 53' 23" West a distance of 75.96 feet to the POINT OF BEGINNING.
Parcel contains + 0.0409 acres (1,783 Sq. Ft.), more or less."; and
WHEREAS, parcel number 6 is described as:
"PROPERTY DESCRIPTION
PCN A300961
6-1
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Section 33, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract 4 of the Plat Showing Lands of General American Life Insurance Co. "Harlan Ranches", as the same is shown and designated in the plat recorded in the office of the County Clerk of Valencia County, New Mexico on January 7, 1938, being drawing number C-15-64. Said parcel of land also described in Quitclaim Deed, filed in the office of the County Clerk of Valencia County, New Mexico on April 3, 1980, in Book 263, Page 1025 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the northwesterly corner of the parcel described herein, said point also being a point on the present (2020) southerly right-of-way of Morris Road, and a point along the present (2020) easterly right-of-way of M.R.G.C.D. Los Chavez Drain and being 100.84 feet left of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T. Sta. 81+14.90, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 66° 00’ 46" West a distance of 5859.70 feet;
THENCE along the said present (2020) easterly right-of-way of M.R.G.C.D. Los Chavez Drain and along northerly line of the parcel described herein and along the said present (2020) southerly right-of-way Line of Morris Road South 77° 53' 23" East a distance of 2654.40 feet to the northeasterly corner;
THENCE leaving said present (2020) southerly right-of-way of Morris Road and along the easterly line of the parcel described herein South 11° 50' 52" West a distance of 148.18 feet;
THENCE along the southerly line of the parcel described herein the following seven (7) courses:
1. Along the arc of a curve to the left, having a central angle of 21° 56' 05", having a radius of 90.00 feet, a chord bearing of South 88° 25' 29" West a distance of 34.25 feet and an arc distance of 34.46 feet;
2. THENCE South 77° 27' 27" West a distance of 278.14 feet to a point of curvature;
3. THENCE along the arc of a curve to the right, having a central angle of 68° 02' 53", having a radius of 115.00 feet, a chord bearing of North 68° 31' 07" West a distance of 128.69 feet and an arc distance of 136.58 feet to a point of curvature;
4. THENCE along the arc of a curve to the right, having a central angle of 30° 39'35", having a radius of 1125.00 feet, a chord bearing of North 86° 58' 22" West a distance of 594.85 feet and an arc distance of 602.00 feet;
5. THENCE North 71° 38' 34" West a distance of 885.16 feet to a point of curvature;
6. THENCE along the arc of a curve to the left, having a central angle of 09° 55'20", having a radius of 4875.00 feet, a chord bearing of North 76° 36' 14" West a
distance of 843.17 feet and an arc distance of 844.22 feet;
7. THENCE North 81° 33' 54" West a distance of 40.00 feet to the southwesterly corner and a point along the said present (2020) easterly right-of-way of M.R.G.C.D. Los Chavez Drain;
THENCE along the westerly line of the parcel described herein and along the said present (2020) easterly right-of-way of M.R.G.C.D. Los Chavez Drain North 37° 02' 32" East a distance of 256.48 feet to the POINT OF BEGINNING.
Parcel contains + 16.8717 acres (734,931 Sq. Ft.), more or less."; and
WHEREAS, parcel number 7 is described as:
"PROPERTY DESCRIPTION
PCN A300961
6-1A
State of New Mexico (Property Control Division, Department of Finance and Administration and its Successors)
A certain parcel of land situated in Projected Sections 32 and 33, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of land described in Tract A in the Boundary Survey Plat of the Remaining Portion of Tract 26A1A1A M.R.G.C.D. Property Map 75 now Designated as Tract A, Lands of the State of New Mexico remaining portion of Tract 26A1A1A, filed in the office of the County Clerk of Valencia County, New Mexico on September 16, 2010, in Cabinet M, Page 170 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:
BEGINNING at the southwesterly corner of said parcel, said point also being a point on the easterly boundary of M.R.G.C.D. Los Chavez Interior Drain and also being a point on the northerly right-of-way line of Morris Road and being 159.53 feet left of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T Sta. 81+44.68, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25" BHI Control Aluminum Cap on a #5 rebar stamped "BHI 1937401" bears North 66° 38’ 29" West a distance of 5875.00 feet;
THENCE along said easterly boundary of M.R.G.C.D. Los Chavez Interior Drain North 37° 02' 32" East a distance of 25.64 feet to the northwesterly corner of said parcel;
THENCE along the northerly boundary of the parcel described herein the following four (4) courses:
1. South 74° 36' 26" East a distance of 30.51 feet to an angle point;
2. THENCE South 78° 15' 14" East a distance of 386.56 feet to an angle point;
3. THENCE South 78° 15' 13" East a distance of 1485.63 feet to an angle point;
4. THENCE North 85° 59' 28" East a distance of 83.44 feet to the northeasterly corner of said parcel;
THENCE along the easterly line of the parcel described herein South 10° 49' 14" West a distance of 56.58 feet to a nail found on the southeasterly corner of said parcel and a point along the present (2020) northerly right-of-way line of Morris Road;
THENCE along the southerly line of the parcel described herein and along the said present (2020) northerly right-of-way line of Morris Road North 77° 53' 23" West a distance of 1994.86 feet to the POINT OF BEGINNING.
Parcel contains + 1.2821 acres (55,846 Sq. Ft.), more or less."; and
WHEREAS, the surface rights to the seven parcels of land described above do not substantially meet the purposes of the general services department; and
WHEREAS, the village of Los Lunas has expressed that traffic congestion has become a significant challenge to economic development and to the safety and welfare of the residents of the village; and
WHEREAS, the village of Los Lunas has determined that easements for a road over the seven parcels of land would allow the planned highway interchange and the east-west traffic relief corridor to be built, and the provision of the easements would benefit the residents of the state;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the sale of easements over the properties described above to the village of Los Lunas be authorized by the legislature; and
BE IT FURTHER RESOLVED that approval of the sale of easements be revoked if the village of Los Lunas fails to pay the appraised price or fails to perform any of the scope of services ascribed to it pursuant to the memorandum of agreement of March 11, 2021 between the general services department and the village of Los Lunas; and
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the general services department and the mayor of the village of Los Lunas.
- 19 -