on - Session - 129th Maine Legislature
Resolve, To Transfer the Guilford Butler School Property to the Town of South Thomaston
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, officials of the Town of South Thomaston have expressed a desire that the property transaction described in this legislation be executed as soon as possible, as a determination on the disposition of the building on the property must soon be made; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
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.
Sec. 2. Authority to convey state property. Resolved: That, notwithstanding any other law, the State, by and through the commissioner, may:
1. Convey the interests of the State in the state property to the Town of South Thomaston;
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 conveyance 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.
Sec. 3. Property interests that may be conveyed. Resolved: That the state property authorized to be conveyed is a parcel of land described in a deed dated June 14, 1954 from Amos Makinen of South Thomaston to the Maine School Building Authority, recorded in Book 336, Page 135, Knox County Registry of Deeds.
Sec. 4. Property to be conveyed "as is." Resolved: That the commissioner may convey the state property without consideration upon terms the commissioner considers appropriate; however, the state property must be conveyed "as is," with no representations or warranties.
Title must be transferred by quitclaim deed without covenant and executed by the commissioner.
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.
Sec. 6. Repeal. Resolved: That this resolve is repealed 5 years from its effective date.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
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