Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Estate in Presque Isle, Known as the" Aroostook Residential Center
Maine Legislature, Session 121, LD 1785
Committee: State and Local Government
Sponsors: FISCHER

Legislative Document 
No. 1785 
H.P.1307 
House of Representatives, December 22,2003 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Estate in Presque Isle, Known as the" Aroostook 
Residential Center" 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative FISCHER of Presque Isle. 
Printed on recycled paper 
IY/~ 
1I1.1lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
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; and be it further 
Sec. 2. Authority to convey 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: 
1. 
A parcel of land depicted on the City of Presque Isle, 
Tax Map 45. Lot 123-021, 1.4 acres, more or less, and described 
in a deed from the Aroostook Association for Retarded Children to 
the State of Maine, 
recorded in Book 1073, Page 76, 
Aroostook 
County Registry of Deeds; 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 
and executed by the commissioner; and be it further 
Sec. 5. First refusal. Resolved: 
That the state property must 
first 
be 
offered 
to 
the 
Central 
Aroostook 
Association 
for 
Retarded Citizens, Inc., referred to in this section as "CAARC," 
successor to the Aroostook Association for Retarded Children, for 
its appraised land value only. 
The 
CAARC 
has 
days 
from 
notification of sale to enter into a purchase and sale agreement 
with the commissioner. 
If the CAARC does not elect to purchase the state property, 
it must next be offered to social service agencies in Aroostook 
County by advertised request for proposals. 
If the state property is not purchased by a social service 
agency, it may be offered to the general public, pursuant to the 
terms of this resolve; and be it further 
Sec. 6. 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. 7. Appraisal. Resolved: 
That the commissioner must 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 their 
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 state 
property. 
The commissioner may reject any bids; and be it further 
Sec. 8. Repeal. Resolved: 
years from its effective date. 
That this resolve is repealed 5 
SUMMARY 
This resolve authorizes the Commissioner of Administrative 
and Financial Services to sell or lease the State's interests in 
property known as the "Aroostook Residential Center" in Presque 
Isle. 
The 
property 
must 
first 
be 
offered 
to 
the 
Central 
Aroostook Association for Retarded Citizens. Inc. for land value 
only. and next to social service agencies in Aroostook County.