Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Estate Located along the New Belgrade Road in Augusta
Sec. 1. Definitions. Resolved: That, as used in this resolve, 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 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 state 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:
A rectangular parcel of land 50 feet by 113.4 feet, more or less, bounded on the north by land conveyed to Luke Bolduc by the State of Maine, Book 5667, Page 32 and extending 50 feet southerly from the southeast and southwest corners of said land of Luke Bolduc to Lot 9 as shown on Plat of Revisions to the Gabourie Subdivision in Augusta, Maine, recorded in the Kennebec County Registry of Deeds, Book 30, Page 30; 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 or release deed and executed by the commissioner; and be it further
Sec. 5. 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. 6. Appraisal. Resolved: That the commissioner shall 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 the property's 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.
Prior to transfer, the buyer shall provide the State at the buyer's own cost and expense an updated survey showing the property described herein together with adjacent property described in Book 5667, Page 32; Book 4952, Page 283; and Book 5691, Page 307. The buyer shall also provide a certificate of title or title insurance policy demonstrating ownership of former Lot 10, acquired in 2 separate transactions: Book 4952, Page 283 and Book 5667, Page 32. The buyer shall demonstrate to the satisfaction of the commissioner that the transfer herein does not create an illegal subdivision on a substandard lot or violate any local or state law, ordinance or regulation.
If the commissioner elects to solicit bids, the commissioner shall publish notices of sale sufficient to advertise the properties. 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 Special Revenue Account for Maine Veterans Memorial Cemetery at Civic Center Drive, Account No. 014 15A 2101 402; and be it further
Sec. 8. Repeal. Resolved: That this resolve is repealed 3 years from its effective date.
Effective June 29, 2005.
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