CHAPTER 146
H.P. 1307 - L.D. 1785
Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Estate in Presque Isle, Known as the "Aroostook Residential Center"
Sec. 1. Definitions. Resolved: That, as used in this resolve, unless the context otherwise indicates, the following terms have the following meanings.
1. "Commissioner" means the Commissioner of Administrative and Financial Services.
2. "State property" means the real estate described in section 3 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; and be it further
Sec. 2. Authority to convey property. Resolved: That the State, by and through the commissioner, may:
1. Enter into a lease or leases or convey by sale the interests of the State in the state property;
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, 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. 3. Property interests that may be conveyed. Resolved: That the state property authorized to be sold or leased is the following:
1. A parcel of land depicted on the City of Presque Isle, Tax Map 45, Lot 123-021, 1.4 acres, more or less, and described in a deed from the Aroostook Association for Retarded Children to the State of Maine, recorded in Book 1073, Page 76, Aroostook County Registry of Deeds; and be it further
Sec. 4. Property to be sold "as is." Resolved: That the commissioner may negotiate and execute leases and purchase and sale agreements upon terms the commissioner considers appropriate; however, the state property must be sold "as is," with no representations or warranties.
Title must be transferred by quitclaim deed without covenant and executed by the commissioner; and be it further
Sec. 5. First refusal. Resolved: That the state property must first be offered to the Central Aroostook Association for Retarded Citizens, Inc., referred to in this section as "CAARC," successor to the Aroostook Association for Retarded Children, for its appraised land value only. The CAARC has 60 days from notification of sale to enter into a purchase and sale agreement with the commissioner.
If the CAARC elects to purchase the state property, the state property must be used for nonprofit purposes by the CAARC. If the CAARC does not purchase the state property, the state property may be offered for sale to another social service agency and must be used for nonprofit purposes; and be it further
Sec. 6. Exemptions. Resolved: That any lease or conveyance pursuant to this resolve is exempt from any statutory or regulatory requirement that the property first be offered to the Maine State Housing Authority or another state or local agency; and be it further
Sec. 7. Appraisal. Resolved: That the commissioner must have the current market value of the state property determined by an independent appraiser. The commissioner may list the property for sale or lease with private real estate brokers at their appraised value and negotiate sales or leases, solicit bids, sell directly to purchasers or enter directly into leases with tenants. The commissioner may reject any offers.
The commissioner shall establish the rent or purchase price and the terms of lease or sale.
If the commissioner elects to solicit bids, the commissioner shall publish notices of sale sufficient to advertise the state property. The commissioner may reject any bids; and be it further
Sec. 8. Repeal. Resolved: That this resolve is repealed 5 years from its effective date.
Effective July 30, 2004, unless otherwise indicated.
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