CHAPTER 90
H.P. 1105 - L.D. 1512
Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell Up to 15 Acres of Land and Other Interests of the State at the Long Creek Youth Development Center, in South Portland
Sec. 1. Definitions. Resolved: That, as used in this resolve, the following terms have the following meanings.
1. "Affordable neighborhood development" means a primarily residential development in which at least 30% of the dwelling units are priced at the time of initial sale or rent below the price determined by the Maine State Housing Authority as the maximum that is affordable by households whose incomes are less than 120% of the median income for the labor market area, which price must be established annually by the Maine State Housing Authority. Of the dwelling units in that 30%, at least 1/3 must be priced at the time of initial sale or rent below the price determined by the Maine State Housing Authority as the maximum that is affordable by households whose incomes do not exceed 80% of the median income for the labor market area, which price must be established annually by the Maine State Housing Authority.
2. "Commissioner" means the Commissioner of Administrative and Financial Services.
3. "State property" means the real estate described in section 3 of this resolve 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. Sell 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, in accordance with the Maine Revised Statutes, Title 23, chapter 304, 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, conservation 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 pursuant to this resolve is up to 15 acres of unimproved land, subject to existing rights and easements, designated Parcel D "Terrace Housing" on the "Maine Youth Center" plan developed by Winton Scott Architects; except that any conveyance must be made subject to affordable neighborhood development covenants. The commissioner is also authorized to execute a boundary line agreement with the City of Portland to straighten a jog in the property line separating the old Maine Youth Center from the Portland International Jetport; the parcels exchanged must be roughly equivalent in size and of similar value so that no consideration is required; and be it further
Sec. 4. Property to be sold as is. Resolved: That the commissioner may negotiate and execute purchase and sale agreements upon terms the commissioner considers appropriate. The state property must be sold as is, with no representations or warranties.
Title must be transferred by quitclaim deed without covenant, executed by the commissioner, but the 15 acres in section 3 must be transferred subject to affordable neighborhood development covenants and in compliance with local zoning ordinances; and be it further
Sec. 5. Exemptions. Resolved: That any 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. 6. Appraisal. Resolved: That the commissioner shall have the current market value of the state property determined by an independent appraiser with the assumption that the 15 acres of property in section 3 are subject to affordable neighborhood development covenants. The commissioner shall first offer the property to an individual or entity holding a valid option on the property and, if the property is not purchased by the option holder, the commissioner may list the property for sale or lease with private real estate brokers at their appraised value of the property 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 purchase price and terms of 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. 7. Proceeds. Resolved: That any proceeds from sales pursuant to this resolve must be deposited in the Maine State Housing Authority's Housing Opportunities for Maine Fund established in the Maine Revised Statutes, Title 30-A, section 4853; and be it further
Sec. 8. Land acquired. Resolved: That the commissioner is authorized to receive and hold title to such property as is exchanged pursuant to the boundary line agreement in section 3; and be it further
Sec. 9. Repeal. Resolved: That this resolve is repealed 5 years from its effective date.
Effective September 13, 2003, unless otherwise indicated.
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