Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Property Located in Augusta, Bangor and Thomaston

Sec. 1. Authority to convey state property. Resolved: That, notwithstanding any other provision of law, the State, by and through the Commissioner of Administrative and Financial Services, may:

1. Enter into a lease or leases or convey by sale any or a portion of the interests of the State in the state property described in section 2, with the buildings and improvements, together with all appurtenant rights and easements, and all personal property located on that property, including vehicles, machinery, equipment and supplies;

2. Negotiate, draft, execute and deliver any documents necessary to settle any boundary line discrepancies;

3. Exercise, pursuant to the Maine Revised Statutes, Title 23, chapter 3, subchapter 3, the power of eminent domain to quiet for all time any possible challenges to ownership of the state property;

4. Negotiate, draft, execute and deliver any easements or other rights that, in the commissioner's discretion, may contribute to the value of a proposed sale or lease of the State’s interests; and

5. Release any interests in the state property that, in the commissioner’s discretion, do not contribute to the value of the remaining state property; and be it further

Sec. 2. Property interests that may be conveyed. Resolved: That the state property authorized to be sold or leased is:

1. A parcel or parcels of land and buildings, or any portion thereof, in Augusta, now or formerly occupied by the Kennebec County District Court, located at 145 State Street, in Augusta, and any associated land and parking areas as may be necessary in the determination of the Commissioner of Administrative and Financial Services, including but not limited to all or a portion of the property depicted on the City of Augusta Tax Map 33, Lot 241 and described in a deed recorded in the Kennebec County Registry of Deeds, Book 1480, Page 752;

2. A parcel or parcels of land and buildings, or any portion thereof, in Augusta, now or formerly known as the Daschlager House, currently occupied by the Maine Historic Preservation Commission, located at 55 Capitol Street, in Augusta, and any associated land and parking areas as may be necessary in the determination of the Commissioner of Administrative and Financial Services, including but not limited to all or a portion of the property depicted on the City of Augusta Tax Map 32, Lot 65 and described in a deed recorded in the Kennebec County Registry of Deeds, Book 1842, Page 172;

3. A parcel or parcels of land and buildings, or any portion thereof, in Augusta, now or formerly known as the McLean House, currently occupied by the Maine Arts Commission, located at 193 State Street, in Augusta, and associated land and parking areas as may be necessary in the determination of the Commissioner of Administrative and Financial Services, including but not limited to all or a portion of the property depicted on the City of Augusta Tax Map 32, Lot 64 and described in a deed recorded in the Kennebec County Registry of Deeds, Book 1340, Page 331;

4. A parcel or parcels of land and buildings, or any portion thereof, in Augusta, now or formerly known as the Smith-Merrill House, currently occupied by the Office of the State Auditor, located at 187-189 State Street, in Augusta, and any associated land and parking areas as may be necessary in the determination of the Commissioner of Administrative and Financial Services, including but not limited to all or a portion of the property depicted on the City of Augusta Tax Map 33, Lot 59;

5. A parcel or parcels of land and buildings, or any portion thereof, in Bangor, now or formerly known as the Elizabeth Levinson Center, located at 159 Hogan Road, and any associated land and parking areas as may be necessary in the determination of the Commissioner of Administrative and Financial Services, including but not limited to all or a portion of the property depicted on the City of Bangor Tax Map R71, Lot 9; and

6. A parcel or parcels of land and buildings, or any portion thereof, in Thomaston, now or formerly known as the Ship Street Houses, at the site of the former Maine State Prison, located on the northerly and southerly sides of U.S. Route 1, including but not limited to property described in the following deeds recorded at the Knox County Registry of Deeds: Book 16, Pg. 517; Book 22, Pg. 213; Book 23, Pg. 498; Book 27, Pg. 157; Book 31, Pg. 187; Book 172, Pg. 561; Book 358, Pg. 44; Book 399, Pg. 181; Book 457, Pg. 322; Book 18, Pg. 122; Book 28, Pg. 266; Book 250, Pg. 212; Book 442, Pg. 198; Book 445, Pg. 593; Book 475, Pg. 179; Book 6, Pg. 179; and Book 237, Pg. 429; and be it further

Sec. 3. Property to be sold as is. Resolved: That the Commissioner of Administrative and Financial Services may negotiate and execute leases and purchase and sale agreements upon terms the commissioner considers appropriate, but the state property described in section 2 must be sold "as is," with no representations or warranties.

The title must be transferred by quitclaim deed without covenant or release deed and executed by the commissioner; and be it further

Sec. 4. Exemptions. Resolved: That any lease or conveyance pursuant to this resolve is exempt from any statutory or regulatory requirement that the state property described in section 2 first be offered to the Maine State Housing Authority or another state or local agency; and be it further

Sec. 5. Appraisal. Resolved: That the Commissioner of Administrative and Financial Services shall have the current market value of the state property described in section 2 determined by an independent appraiser. The commissioner may list the state property for sale or lease with private real estate brokers and negotiate any sales or leases, solicit bids, sell directly to purchasers or enter directly into leases with tenants. The commissioner may reject any offers; and be it further

Sec. 6. Proceeds. Resolved: That any proceeds from the sale or lease of the state property described in section 2 pursuant to this resolve must, as designated by the Commissioner of Administrative and Financial Services, be deposited into the Department of Administrative and Financial Services, Bureau of General Services capital repair and improvement account for capital improvements as designated by the commissioner; and be it further

Sec. 7. Repeal. Resolved: That this resolve is repealed 5 years from its effective date.

SUMMARY

This resolve gives the Commissioner of Administrative and Financial Services authority to sell or lease the property identified as the District Courthouse in Augusta, the Daschlager House in Augusta, the McLean House in Augusta, the Smith-Merrill House in Augusta, the Elizabeth Levinson Center in Bangor and the Ship Street Houses in Thomaston.