HOUSE JOINT RESOLUTION 21

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Candy Spence Ezzell

A JOINT RESOLUTION

PROPOSING TO SELL STATE LAND ON THE FORMER WALKER AIR FORCE BASE IN CHAVES COUNTY.

     WHEREAS, Section 13-6-3 NMSA 1978 requires legislative ratification and approval of any sale, trade or lease for a period exceeding twenty-five years in duration of state real property, which sale, trade or lease shall be for a consideration of one hundred thousand dollars ($100,000) or more; and

     WHEREAS, the real property and improvements described below and located on the former Walker air force base in Chaves county were transferred to the state of New Mexico by the federal government and, pursuant to a deed without warranty issued May 2, 1980, that real property and improvements would vest in fee simple to the state, without consideration, if it was continuously used for health and welfare purposes for a period of thirty years; and

     WHEREAS, the real property and improvements were not continuously used for the full thirty-year period, the state's use ending in August 2002, because the property was no longer needed or suitable for its intended use; and

     WHEREAS, the state owes the federal government a payment representing the value of the state's use of the real property and improvements proportional to the length of time of its use; and

     WHEREAS, the property control division of the general services department has determined that the real property and improvements are surplus and not useful to the state; and

     WHEREAS, the property control division proposes to sell, using a request for proposals, the real property and improvements, constituting 2.899 acres with fifteen houses, described as follows:

"A tract of land lying in Section 33, Township 11 South, Range 24 East, N.M.P.M., being more particularly described as follows:

For a tie, begin at the southwest corner of the SE1/4, SE1/4 Section 29, Township 11 South, Range 24 East, N.M.P.M.; thence, N 88̊10'E, 1324.3 feet to the southeast corner of Section 29, of said Township and Range; thence, S 70̊35'E, 173.0 feet; thence, S 88̊51'E, 2507.1 feet; thence, S 88̊51'E, 510.3 feet; thence, S 00̊08'E, 770.5 feet; thence, S 44̊51'W, 1115.4 feet; thence, N 44̊21'W, 137.7 feet; thence, N 89̊54'W, 189.9 feet; thence, due N, 571.9 feet; thence, S 89̊59'W, 268.8 feet; thence, S 00̊01'W, 1317.7 feet; thence, due W, 1590.0 feet; thence, N 00̊05'E, 722.2 feet; thence, S 89̊47'E, 203.9 feet to the point of beginning.

Thence, S 00̊13'W, 90.0 feet; thence, S 89̊47'E, 110.2 feet; thence, S 00̊13'W, 16.7 feet; thence, S 89̊47'E, 83.6 feet; thence, N 00̊13'E, 106.7 feet; S 89̊47'E, 117.5 feet; thence, S 00̊13'W, 57.6 feet; thence, S 44̊47'E, 247.4 feet; thence, S 89̊47'E, 149.0 feet; thence, N 30̊13'E, 146.3 feet; thence, S 89̊47'E, 184.8 feet; thence, S 29̊47'E, 48.5 feet; thence, N 63̊28'E, 114.1 feet; thence, N 00̊21'E, 96.5 feet; thence, N 89̊47'W, 1019.4 feet to the point of beginning.

Containing 2.899 acres more or less together with improvements."; and

     WHEREAS, this property is subject to existing easements for public roads and highways, public utilities, railroads and pipelines; and

     WHEREAS; the real property and improvements shall not be sold for less than their fair market value, which is estimated to be one hundred thousand dollars ($100,000) or more, as established by the taxation and revenue department using generally acceptable appraisal techniques for this type of real property and improvements;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the proposed sale be hereby ratified and approved pursuant to the provisions of Section 13-6-3 NMSA 1978; and

     BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the property control division of the general services department.

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