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First Regular Session of the 120th

S.P. 338 - L.D. 1145

Resolve, Authorizing the Commissioner of Administrative and Financial Services to Sell or Lease the Interests of the State in the Jacob Abbott House Property Located at the Stevens School Campus in Hallowell

     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 and personal property described in section 3 of this resolve; and be it further

     Sec. 2. Authority to convey property. Resolved: That the State, by and through the commissioner, may:

     1. Lease, sell or transfer 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 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, including historic preservation 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 interest; 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, leased or transferred is the Jacob Abbott House, so-called, also known as 61 Winthrop Street, Hallowell, depicted as building number 13 on the Augusta State Facilities Master Plan, Building Location Map - Stevens School Campus.

     The property described in this section must be conveyed or leased with a suitable amount of land, as determined by the commissioner, as may be appropriate to its intended use, together with appropriate rights of access, including access by pedestrians, vehicles and utilities.

     The state property may be sold, in whole or in part, at the discretion of the commissioner, subject to such permits or approvals as may be required by law; 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 those terms the commissioner considers appropriate; however, the state property must be sold as is, without any representations or warranties.

     Title must be transferred by quitclaim deed without covenant 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. Purchase price. Resolved: That the commissioner shall have the current market value of the Jacob Abbott House determined by an independent appraiser. The commissioner may list the property for sale or lease with private real estate brokers at its 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.

     If the commissioner elects to solicit bids, the commissioner shall publish notices of sale sufficient to advertise the property. The commissioner may reject any bids; and be it further

     Sec. 7. Proceeds. Resolved: That any proceeds from the sale of the state property must be deposited in the Bureau of General Services - Capital Construction and Improvements Reserve Fund to be used for the renovation, construction, expansion, abatement or demolition of structures at the Stevens School Campus in Hallowell; and be it further

     Sec. 8. Repeal. Resolved: That this resolve is repealed 3 years from its effective date.

Effective September 21, 2001, unless otherwise indicated.

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