SP0558
LD 1456
Session - 127th Maine Legislature
C "A", Filing Number S-377, Sponsored by
LR 2208
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the resolve by striking out everything after the title and before the summary and inserting the following:

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 with any buildings and improvements, together with all appurtenant rights and easements, and all personal property located on that property; and be it further

Sec. 2. Authority to convey property. Resolved: That, notwithstanding any other provision of law, the State, by and through the commissioner, is authorized to convey the interest of the State in state property to the Madrid Historical Society, a duly organized nonprofit corporation; and be it further

Sec. 3. Property interests that may be conveyed. Resolved: That the state property subject to transfer is described as follows:

A certain parcel of land of 0.75 acre, more or less, depicted as "Land to Be Acquired by the Madrid Historical Society" on a "Survey Plan for Madrid Historical Society" dated May 19, 2015 by Acme Land Surveying, LLC, Farmington, Maine, situated on the westerly side of Reeds Mill Road, bounded on the north by land now or formerly of Louie and Donna Barker, bounded on the west by the thread of Pease Stream and further depicted on the May 19, 2015 survey plan, the parcel having been acquired by the Town of Madrid in a deed of March 23, 1936 recorded in Franklin County Registry of Deeds in Book 257, Page 227 and abutting the parcel that was conveyed to the Madrid Historical Society by deed of June 21, 2000 recorded in Franklin County Registry of Deeds in Book 1937, Page 239. The title of the state property subject to transfer was acquired by the State upon the deorganization of the Town of Madrid, as authorized by Private and Special Law 1999, chapter 31; 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, but 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 must be executed by the commissioner; 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 state property first be offered to the Maine State Housing Authority or another state or local agency or be offered through competitive bidding; and be it further

Sec. 6. Proceeds. Resolved: That any proceeds from a sale pursuant to this resolve must be deposited in the Unorganized Territory Education and Services Fund created in the Maine Revised Statutes, Title 36, section 1605, subsection 1; and be it further

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

summary

This amendment retains the substance of the resolve and adds the following provisions.

1. It defines "state property" and "commissioner" for the purposes of the resolve.

2. It makes a clarification regarding the ownership of a parcel of land abutting the parcel to be sold.

3. It clarifies that the State acquired the parcel of land upon the deorganization of the Town of Madrid.

4. It authorizes the Commissioner of Administrative and Financial Services to negotiate and execute purchase and sale agreements and provides that the title of the property must be transferred from the State by quitclaim deed without covenant or release deed to the Madrid Historical Society.

5. It exempts the transfer from any statutory or regulatory requirement that the property be offered to a state or local agency or offered through competitive bidding.

6. It specifies that any proceeds from a sale must be deposited in the Unorganized Territory Education and Services Fund.

7. It provides that the resolve is repealed 5 years after its effective date.


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