Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Estate Located along the New Belgrade Road in Augusta
Maine Legislature, Session 122, LD 0504
Committee: State and Local Government
Sponsors: LERMAN

Legislative Document 
No. 504 
H.P.379 
House of Representatives, February 1,2005 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Estate Located along the New Belgrade Road in 
Augusta 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative LERMAN of Augusta. 
Printed on recycled paper 
17/~ 
1/7. 7lltJ£~ 
MILLICENT M. MacFARLAND 
Clerk 
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 of this resolve 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 state 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: 
A rectangular parcel of land 50 feet by 113.4 feet, more or 
less, bounded on the north by land conveyed to Luke Bolduc by the 
Book 
5667, 
Page 
and extending 50 feet 
southerly from the southeast and southwest corners of said land 
of Luke Bolduc to Lot 9 as shown on Plat of Revisions to the 
Gabourie Subdivision in Augusta, Maine, recorded in the Kennebec 
County Registry of Deeds, Book 30, Page 30; 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 
or release deed 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. Appraisal. Resolved: 
That the commissioner shall 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 the 
property's 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. 
Prior to transfer, the buyer shall provide the State at the 
buyer's 
own 
cost and expense 
an updated survey showing the 
property 
described 
herein 
together 
with 
adjacent 
property 
described in Book 5667, Page 32; Book 4952, Page 283; and Book 
5691, Page 307. 
The buyer shall also provide a certificate of 
title or title insurance policy demonstrating ownership of former 
Lot 10, acquired in 2 separate transactions: 
Book 4952, Page 283 
and Book 5667, 
The buyer shall demonstrate to the 
satisfaction of the commissioner that the transfer herein does 
not create an illegal subdivision on a substandard lot or violate 
any local or state law, ordinance or regulation. 
If the commissioner elects to solicit bids, the commissioner 
shall 
publish 
notices 
of 
sale 
sufficient 
to 
advertise 
the 
properties. 
The commissioner may reject any bids; and be it 
further 
Sec. 7. 
Proceeds. 
Resolved: 
That any proceeds from sales 
pursuant to this resolve must be deposited in the Special Revenue 
Account for Maine Veterans Memorial 
Cemetery at Civic Center 
Drive, Account No. 014 15A 2101 402; and be it further 
Sec. 8. 
Repeal. 
Resolved: 
That this resolve is repealed 3 
years from its effective date. 
SUMMARY 
This resolve authorizes the Commissioner of Administrative 
and Financial Services to sell or lease the State's interests in 
a small portion of the Maine Veterans Memorial Cemetery lying 
along New Belgrade Road, also known as Civic Center Drive, in 
Augusta, Maine.