Resolve, Directing the Bureau of General Services To Sell Certain Property To Assist Homeless Veterans by Establishing a Homeless Veterans Shelter

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. 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 described in section 2;

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 of the State's interests; and

5. Release any interests in the state property described in section 2 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 pursuant to section 1 is:

A parcel or parcels of land and buildings, or any portion of the parcel or parcels of land and buildings, in the City of Augusta, formerly known as "the doctors' houses," located at 6 and 10 Arsenal Heights Drive and 7 and 11 Independence Drive on the east campus of the land comprising the site of what is now or was formerly known as the Augusta Mental Health Institute, and any associated land and parking areas determined to be necessary to be included in the conveyance by the Commissioner of Administrative and Financial Services, including, but not limited to, all or a portion of the properties described in deeds recorded in the Kennebec County Registry of Deeds as follows: Book 61, Page 172; Book 98, Page 345; Book 98, Page 346; Book 151, Page 380; Book 462, Page 361; and Book 2380, Page 189; and be it further

Sec. 3. Property to be sold "as is" to a nonprofit organization; master plan. Resolved: That the Commissioner of Administrative and Financial Services may negotiate and execute purchase and sale agreements upon terms the commissioner considers appropriate; however, the state property described in section 2 must be sold "as is," with no representations or warranties, to a nonprofit organization that provides services and shelter to homeless veterans and has done so for at least the past 2 years and agrees to use the property exclusively for homeless veterans. Title must be transferred by quitclaim deed without covenant or release deed and executed by the commissioner. This resolve constitutes a change to the 2001 Capitol Planning Commission master plan; and be it further

Sec. 4. Exemptions. Resolved: That any 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 or offered through competitive bidding; and be it further

Sec. 5. Use as homeless veterans shelter once conveyed. Resolved: That the buyer of the state property described in section 2, if it fails to use the property as a homeless veterans shelter as required by section 3, must convey ownership of the property to the State; and be it further

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

Sec. 7. Repeal. Resolved: That this resolve is repealed 3 years from its effective date.

summary

This resolve gives the Commissioner of Administrative and Financial Services authority to sell the property located at 6 and 10 Arsenal Heights Drive and 7 and 11 Independence Drive on the campus of the land comprising the site of what is now or was formerly known as the Augusta Mental Health Institute to a nonprofit organization that provides services and shelter to homeless veterans for use as a homeless shelter exclusively for veterans.