SENATE JOINT RESOLUTION 1
54th legislature - STATE OF NEW MEXICO - second session, 2020
INTRODUCED BY
Nancy Rodriguez
A JOINT RESOLUTION
RATIFYING AND APPROVING THE TRADE BY THE STATE TO THE CITY OF SANTA FE OF FIVE TRACTS OF STATE-OWNED REAL PROPERTY LOCATED IN THE CITY OF SANTA FE TO THE CITY FOR TRADE AND SALE BY THE CITY TO THE STATE OF TWO TRACTS OF CITY-OWNED REAL PROPERTY.
WHEREAS, the city of Santa Fe and the state desire to trade real properties, including an equalizing monetary payment from the state to the city to cover the difference in real property values; and
WHEREAS, the city owns real property of approximately thirty-six and nine-hundredths acres located at 4491 Cerrillos road, Santa Fe, New Mexico, which is real property currently leased by the state for the headquarters of the New Mexico state police and the New Mexico law enforcement academy, and real property of approximately twelve and thirty-three thousandths acres located at 2680 Camino Entrada, which is real property currently leased by the state from the city for an impound lot; and
WHEREAS, the city has obtained an appraisal from a qualified and member-appraisal-institute-certified real estate appraiser, licensed in the state, for the city-owned real property, which estimated the appraised value of the 4491 Cerrillos road property as six million six hundred eighty thousand dollars ($6,680,000) and the appraised value of the 2680 Camino Entrada property as two million two hundred twenty-seven thousand two hundred twenty-one dollars ($2,227,221), for an aggregate total of eight million nine hundred seven thousand two hundred twenty-one dollars ($8,907,221); and
WHEREAS, the state owns four tracts of real property with an aggregate total of approximately eleven and six hundred forty-six thousandths acres located on Siringo road in Santa Fe, New Mexico, referred to as "Tracts A, B, D, and 3", which tracts are currently vacant; and
WHEREAS, the state also owns real property of approximately seven and nine hundred eight-thousandths acres located at 1600 Saint Michael's drive in Santa Fe, New Mexico, referred to as "Tract O-1"; and
WHEREAS, the facilities management division of the general services department, which has administrative control over the state-owned properties, has obtained an appraisal from a qualified and member-appraisal-institute-certified real estate appraiser, licensed in the state, for the five tracts of state-owned real property, which estimated the values as follows: Tract A at six hundred thousand dollars ($600,000); Tract B at six hundred ninety thousand dollars ($690,000); Tract D and Tract 3 appraised together at a total of one million one hundred forty thousand dollars ($1,140,000); and Tract O-1 appraised at one million nine hundred thousand dollars ($1,900,000); with an aggregate total for the five tracts of four million three hundred thirty thousand dollars ($4,330,000); and
WHEREAS, the difference between the value of the city's real properties and the state's real properties is four million five hundred seventy-seven thousand two hundred twenty-one dollars ($4,577,221); and
WHEREAS, the city seeks to receive the difference in the values of the city's real property and the state's real property in a monetary payment, concurrently with the trade of the real properties in order to equalize the values of the trade; and
WHEREAS, a payment from the state to the city in the amount of four million five hundred seventy-seven thousand two hundred twenty-one dollars ($4,577,221) is subject to the legislature appropriating sufficient money to make the payment; and
WHEREAS, the city, in its Resolution Number 2019-57, has approved the trade and transfer of the city-owned real property for the trade and transfer of the state-owned real property and an equalizing monetary payment from the state to the city, subject to the ratification and approval of the trade and transfer by the legislature; and
WHEREAS, pursuant to Section 3-54-2 NMSA 1978, a municipality may sell, at private or public sale, exchange or donate real property to the state, if the sale, exchange or donation is in the best interests of the public and is approved by the local government division of the department of finance and administration; and
WHEREAS, pursuant to Section 13-6-2 NMSA 1978, prior to consummation of the real property trade, the facilities management division of the general services department must make a written determination that it would be in the best interest of the state for the state to transfer Tract A, Tract B, Tract D, Tract 3 and Tract O-1 and to make an equalizing payment to the city in exchange for the transfer of the city-owned real property at 4491 Cerrillos road and 2680 Camino Entrada to the state's department of public safety; and
WHEREAS, it is desired that the state board of finance review and approve the trade of the state-owned real property for the city-owned real property; and
WHEREAS, the state's capitol buildings planning commission may review the trade of the state-owned real property for the city-owned real property as part of the commission's master planning and inventory efforts; and
WHEREAS, pursuant to Section 13-6-3 NMSA 1978, a trade or sale of state-owned real property for a consideration of one hundred thousand dollars ($100,000) or more shall be subject to the ratification and approval of the legislature prior to the trade or sale becoming effective; and
WHEREAS, the city-owned 4491 Cerrillos road real property is described as follows: A portion of those lands as shown and delineated on a plat entitled "SURVEY OF OLD MUNICIPAL AIRPORT FOR THE CITY OF SANTA FE NEW MEXICO IN SECTION 7, T.16N., R.9E., N.M.P.M., SANTA FE COUNTY, NEW MEXICO", prepared by Jack G. Home PE & LS No. 889, dated July 28, 1967, being and intended to be the parcel labeled "NEW MEXICO STATE POLICE" on above referenced plat of survey, less and excepting therefrom any portion of the premises lying within the bounds of Jaguar drive or US Highway 85 also known as Cerrillos road, and being more particularly described as follows:
Beginning at the northeast corner of the lands herein described from whence a USGLO brass cap marking section corner common to Sections 5, 6, 7 and 8, T.16N., R.9E., N.M.P.M., bears N. 26° 47' E., a distance of 550.7 feet; thence N. 0° 07' W., a distance of 318.3 feet; thence N. 89° 45' E., a distance of 161.3 feet; thence N. 26° 57' E., a distance of 910.7 feet; thence N. 26° 45' E., a distance of 90l.3 feet; thence N. 26° 48' E., a distance of 733.8 feet; thence N. 0° 17' W., a distance of 374.5 feet; thence from said point of beginning S. 26° 47' W., a distance of 500.0 feet to the southeast corner of the parcel herein described; thence S. 89° 23' W., a distance of 2135.4 feet to the southwest corner of the parcel herein described; thence N. 19° 45' W., a distance of 372.1 feet; thence along a curve to the right, Radius of 25 feet and Arc Length of 39.43 feet; thence N. 70° 15' E., a distance of 1198.4 feet; thence along a curve to the left, Radius of 659.41 feet and Arc Length of 309.95 feet to the northeast corner of the parcel herein described; thence S. 66° 37' E., a distance of 1205.4 feet to the point and place of beginning; containing 36.09 acres more or less; and
WHEREAS, the city-owned property located at 2680 Camino Entrada is described as follows: Tract 1, as shown and delineated on plat entitled "LOT LINE ADJUSTMENT FOR THE CITY OF SANTA FE WITHIN SECTION 7, T.16N., R.9E., N.M.P.M WITHIN THE CITY OF SANTA FE, SANTA FE, NEW MEXICO" recorded in the office of the Santa Fe county clerk in Book 288, Page 035, more particularly described as follows:
A Tract of land lying, being and situate in the County of Santa Fe, State of New Mexico, being more particularly described as follows: Beginning at the northeast corner of the herein described tract of land, from which point a U.S.G.L.O brass cap marking P.C.689, P.C.T.2, 6025, Sec. 6 bears North 52°22'53" East, a distance of 264.79 feet; thence North 53°12'21" East, a distance of 64.18 feet; thence North 50°55'04" East, a distance of 82.53 feet; thence from said point and place of beginning South 19°49'15" East. A distance of 653.36 feet to the southeast corner of said tract; thence South 70°10'44" West, a distance of 883.22 feet to a point on a circular curve concave to the northeast (Radius = 25.00 feet; Chord = North 62°16'18" West, a distance of 36.89 feet) thence along said curve, an arc length of 41.50 feet; thence North 14°42'46" West, a distance of 345.90 feet; thence North 19°47'47" West, a distance of 155.70 feet to the northwest corner of said tract; thence North 52°21'14" East, a distance of 461.28 feet; thence South 19°58'35" East, a distance of 155.79 feet; thence North 52°22'53" East, a distance of 459.69 feet to the point and place of beginning. Said tract of land containing 12.033 acres more or less; and
WHEREAS, the city shall retain appropriate rights of way and easements on its properties, and the transfer to the state shall be subject to reservations, restrictions or easements of record; and
WHEREAS, the state-owned properties are described as follows: TRACT A, as shown and delineated on a plat entitled "BOUNDARY EASEMENT SURVEY PLAT OF TRACTS A, B, C & D PREPARED FOR THE COLLEGE OF SANTA FE WITHIN COLLEGE OF SANTA FE PROPERTY PROJECTED SECTION 34, T17N, R9E, NMPM, CITY AND COUNTY OF SANTA FE, NEW MEXICO", filed for record on July 15, 2010, as Document No. 1605161 in Plat Book 719, page 047, records of Santa Fe County, New Mexico; and being more particularly described as follows:
Beginning at a point being the southwest corner of the parcel herein described from whence a U.S.G.L.O. Brass cap marking the one mile marker on the south boundary of the Santa Fe Grant bears S. 88° 53' 06" E., a distance of 2572.88 feet; thence from said point of beginning N. 00° 12' 19" E., a distance of 53.68 feet to the northwest corner of the parcel herein described; thence N. 57° 01' 01" E., a distance of 601.69 feet to the northeast corner of the parcel herein described; thence along a curve to the right, with Radius of 316.27 feet, Chord bearing of S. 30° 15' 05" W., Chord Length of 319.33 feet and Arc Length of 334.74 feet to a point; thence S. 00° 00' 45" E., a distance of 102.09 feet to a point at the southeast corner of the parcel herein described; thence S. 89° 43' 14" W., a distance of 665.80 feet to the point and place of beginning; containing 3.608 acres more or less; and
TRACT B, as shown and delineated on plat entitled "BOUNDARY EASEMENT SURVEY PLAT OF TRACTS A, B, C & D PREPARED FOR THE COLLEGE OF SANTA FE WITHIN COLLEGE OF SANTA FE PROPERTY PROJECTED SECTION 34, T17N, R9E, NMPM, CITY AND COUNTY OF SANTA FE, NEW MEXICO", filed for record on July 15, 2010, as Document No. 1605161 in Plat Book 719, page 047, records of Santa Fe County, New Mexico, and being more particularly described as follows:
Beginning at a point being the southwest corner of the parcel herein described from whence a U.S.G.L.O Bass cap marking the one mile marker on the south boundary of the Santa Fe Grant bears S. 89° 43' 14" E., a distance of 665.80 feet, thence S. 88° 53' 06" E., a distance of 2572.88 feet; thence from said point of beginning N. 00° 00' 45" W., a distance of 102.09 feet to a point; thence along a curve to the left, with Radius of 316.27 feet, Chord bearing of N. 30° 15' 05" W., Chord Length of 319.33 feet and Arc Length of 334.75 feet to the northwest corner of the parcel herein described; thence N. 58° 37' 39" E., a distance of 465.30 feet to the northeast corner of the parcel herein described; thence S. 03° 40' 49" E., a distance of 620.14 feet to the southeast corner of the parcel herein described; thence S. 89° 43' 14" W., a distance of 276.18 feet to the point and place of beginning; containing 3.73 acres more or less; and
TRACT D, as shown and delineated on plat entitled "BOUNDARY EASEMENT SURVEY PLAT OF TRACTS A, B, C & D PREPARED FOR THE COLLEGE OF SANTA FE WITHIN COLLEGE OF SANTA FE PROPERTY PROJECTED SECTION 34, T17N, R9E, NMPM, CITY AND COUNTY OF SANTA FE, NEW MEXICO", filed for record on July 15, 2010, as Document No. 1605161 in Plat Book 719, page 047, records of Santa Fe County, New Mexico, and being more particularly described as follows:
Beginning at a point being the southwest corner of the parcel herein described from whence a U.S.G.L.O Bass cap marking the one mile marker on the south boundary of the Santa Fe Grant bears S. 00° 12' 19" W., a distance of 53.68 feet, thence S. 88° 53' 06" E., a distance of 2572.88 feet; thence from said point of beginning N. 00° 54' 20" E., a distance of 424.73 feet to the northwest corner of the parcel herein described; thence N. 56° 42' 16" E., a distance of 275.73 feet to the northeast corner of the parcel herein described; thence S. 33° 13' 26" E., a distance of 59.12 feet to a point; thence along a curve to the left, with Radius of 503.0 feet, Chord bearing of S. 46° 53' 54" E., Chord Length of 237.82 feet and Arc Length of 240.09 feet to a point; thence S. 60° 34' 20" E., a distance of 74.42 feet to the southeast corner of the parcel herein described; thence S. 57° 01' 01" W., a distance of 601.69 feet to the point and place of beginning; containing 3.42 acres more or less; and
TRACT 3 as shown and delineated on a plat entitled "LOT LINE ADJUSTMENT PLAT PREPARED FOR COLLEGE OF SANTA FE & N.M. STATE PROPERTY CONTROL TRACT 3 AND 3A-1 CITY OF SANTA FE, SANTA FE COUNTY, NEW MEXICO", filed for record on September 4, 1996, as Document No. 957,883 in Plat Book 343, page 046, records of Santa Fe County, New Mexico, and being more particularly described as follows:
Beginning at a point being the southeast corner of the parcel herein described from whence a U.S.G.L.O Bass cap marking the one mile marker on the south boundary of the Santa Fe Grant bears S. 88° 53' 06" E., a distance of 2572.88 feet; thence from said point of beginning S. 89° 46' 43" W., a distance of 120.45 feet to the southwest corner of the parcel herein described; thence N. 00° 05' 17" E., a distance of 320.94 feet to the northwest corner of the parcel herein described; thence along a curve to the left, with Radius of 2781.14 feet, Chord bearing of N. 86° 55' 35" E., Chord Length of 118.86 feet and Arc Length of 118.87 feet to the northeast corner of the parcel herein described; thence S. 00° 13' 17" E., a distance of 326.85 feet to the point and place of beginning; containing 0.888 acres more or less; and
TRACT O-1 as shown and delineated on a plat entitled "REPLAT PREPARED FOR CITY OF SANTA FE LOT LINE ADJUSTMENT PLAT OF EXISTING TRACT 0 & P, RECORDED PLAT BOOK 707, PAGE 50-50A WITHIN THE COLLEGE OF SANTA FE PROPERTY PROJECTED SECTION 34, T17N, R9E, NMPM, CITY AND COUNTY OF SANTA FE, NEW MEXICO", filed for record on October 12, 2010, as Document No. 1613544 in Plat Book 722, page 049, records of Santa Fe County, New Mexico; and being more particularly described as follows:
Beginning at a point along the westerly boundary of the parcel herein described being a survey cap bearing "CORPS OF ENGINEERS USARC SE COR. YEAR 1962", thence from said point of beginning N. 32° 17' 11" W., a distance of 295.81 feet to the northwest corner of the parcel herein described; thence N. 58° 16' 21" E., a distance of 514.24 feet to the northeast corner of the parcel herein described; thence S. 31° 57' 08" E., a distance of 710.49 feet to the southeast corner of the parcel herein described; thence S. 57° 43' 21" W., a distance of 263.41 feet to a point; thence N. 31° 57' 08" W., a distance of 97.93 feet to a point; thence S. 57° 43' 21" W., a distance of 258.32 feet to a point the southwest corner of the parcel herein described; thence N. 32° 21' 29" W., a distance of 304.08 feet to a point; thence N. 00° 47' 58" E., a distance of 21.0 feet to the point and place beginning; containing 7.908 acres more or less; and
WHEREAS, the state shall retain appropriate rights of way and easements on its properties, and the transfer to the city 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 legislature hereby approve the trade and transfer of state-owned real property at Tract A, Tract B, Tract D, Tract 3 and Tract O-1 to the city of Santa Fe in trade and transfer of city-owned real property at 4491 Cerrillos road and 2680 Camino Entrada to the state, together with a concurrent payment of four million five hundred seventy-seven thousand two hundred twenty-one dollars ($4,577,221) to be paid by the state to the city, subject to reservations, restrictions and easements of record as recited in this resolution and contingent upon:
A. a written determination by the facilities management division of the general services department that it would be in the best interests of the state for the state to transfer the state-owned real property together with an equalizing monetary payment to the city in exchange for the transfer of the city-owned real property to the state;
B. the approval by the local government division of the department of finance and administration of the city's participation in the trade of real property with the state; and
C. the approval by the state board of finance of the state's participation in the trade of real property with the city; and
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the governor, the mayor and the city clerk of the city of Santa Fe, the director of the facilities management division of the general services department, the directors of the local government division and the board of finance division of the department of finance and administration and the director of the legislative council service on behalf of the capitol buildings planning commission.
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