Stephanie Garcia Richard,
Commissioner of Public Lands
State of New Mexico
EXHIBIT 2: NOTICE OF PUBLIC AUCTION
Land Sale LS-0121 (LE-1414)
Sandoval County, New Mexico
The Commissioner of Public Lands (“Commissioner”) gives notice that pursuant to the New Mexico Enabling Act (36 Stat. 557), NMSA Sections 19-7-1 and 19-7-2, and the sealed bid auction process described in this Notice, is offering to sell 339.9143 + acres of state trust lands (the “Land”) located in Sandoval County, New Mexico:
Pt. NE¼NE¼ (3.2262 acres), Pt. NW¼NE¼ (27.6619 acres), Pt. SW¼NE¼ (1.1703 acres), Pt. SE¼NE¼ (0.4643 acres), N½NW¼ (80.00 acres), SW¼NW¼ (40.00) acres, Pt. SE¼NW¼ (35.3807 acres), W½SW¼ (80.00 acres), Pt. NE¼SW¼ (35.1095 acres), Pt. SE¼SW¼ (35.9853 acres), Pt. SW¼SE¼ (0.9161 acres), containing 339.9143 acres, more or less,
Being and intended to be a parcel of land situate within the South Half, Northwest Quarter, and a portion of the Northeast Quarter of projected Section 16, T.13N., R.3E, N.M.P.M., Sandoval County, New Mexico, and being more particularly described as follows:
BEGINNING at the Northeast corner of the subject property also being a point on the Eastern Right of Way of US 550; Whence, a found NGC Brass Cap “NM 44 1C”, bears N 56° 40′ 59″ E, a distance of 377.88 feet; thence
S 54° 28′ 06″ E along said Eastern Right of Way of US 550 for a distance of 2,313.06 feet to an angle point; thence, leaving said Eastern Right of Way line of said US 550,
N 90° 00′ 00″ W for a distance of 2,149.83 feet to an angle point; thence,
S 00° 37′ 24″ W for a distance of 3,651.12 feet to an angle point; thence,
S 89° 00′ 27″ E for a distance of 300.00 feet to an angle point; thence
S 00° 37′ 24″ W for a distance of 249.77 feet to an angle point on the Section line common to Section 16 and Section 21; thence along said line,
N 89° 00′ 28″ W for a distance of 2,802,75 feet to a found 3-inch brass cap “Miller & Assoc. LS#3794” held for the corner common to Sections 16, 17, 20 and 21; thence,
N 00° 37′ 17″ E for a distance of 5,227.15 feet to the corner common to Sections 8, 9, 16, and 17; thence,
S 89° 28′ 28″ E along the line common to Sections 9 & 16 a distance of 2,755.70 feet right to the POINT OF BEGINNING, said parcel containing 14,798,010.11 sq. ft. or 339.7156 acres, more or less.
The Land is located within the municipal boundaries of the City of Rio Rancho east of Santa Ana Pueblo, south and east of U.S. Hwy 550 and north of Vista Grande Elementary School. The public auction is being conducted pursuant to a land sale application submitted by the U.S. Department of Veterans Affairs, which is seeking to acquire the Land for purposes of operating a veterans’ cemetery.
The Land is offered “AS IS”; the Commissioner does not make any representations or provide any warranties regarding title to the Land or its condition or fitness for any purpose. The Land is offered as a single tract; bids for less than the entire tract will not be considered. The Commissioner reserves the right to reject all bids submitted.
Details of this offer, applicable rules, bidding instructions and forms are set forth in the bid packet, which can be obtained by writing the State Land Office, P.O. Box 1148, Santa Fe, NM 87504, Attention: James White, Economic Development Representative, by telephone at 505-827-5731, or by e-mail to [email protected]. The bid packet is part of this Notice of Public Auction and is incorporated herein by reference. The bid packet is also posted on the State Land Office website, www.nmstatelands.org. The bid packet should be reviewed in detail before submitting a bid.
Sealed bids must be accompanied by the deposits in the amounts set forth below. Deposits must be in the form specified in the Bid Information Sheet (Exhibit “1”). Failure to include the required deposits will result in disqualification. The successful bidder will be required to pay all other costs associated with the transaction.
Sale Application Fee (non-refundable) $3,000.00
Advertising (public auction estimated) $10,270.95
Advertising (public meeting) $1,527.91
Appraisal (2019) $21,515.00
Appraisal Review (2020) $1,618.13
Appraisal Review (2022) $1,626.56
Survey (2020) $13,762.50
Survey (2022) $30,495.24
Total Transaction Deposit $115,096.39
To be eligible to bid, a bidder must pay a deposit for transaction costs in the amount of $115,096.39. The winning bidder, if any, is responsible for payment of transaction costs. Unsuccessful bidders, if any, are entitled to a refund of all deposits minus $3,000.00.
The minimum bid (“Minimum Bid”) is $2,395,000.00 (two million three hundred ninety-five thousand dollars). In addition to the transaction deposit noted above, a bidder must submit a performance deposit in the amount of $239,500.00, representing 10% of the Minimum Bid; to be eligible to bid, a bidder must submit a total deposit of $354,596.39.
The cash price for the sale must be received at closing. Bids offering less than the minimum will not be considered. Bidders are encouraged to offer amounts greater than the Minimum Bid, with additional amounts in increments of $10,000.00.
1. Transaction Deposit $115,096.39
2. Performance Deposit (10% of Minimum Bid): $239,500.00
Total of Deposits (Transaction and Performance) $354,596.39
Bids must be submitted in a sealed package (Bid Application, Exhibit 3) marked “Land Sale No. LS-0121” and addressed to the Commissioner, c/o James White, Economic Development Representative, Commercial Resources Division,
Completed bids may be submitted to the State Land Office, 310 Old Santa Fe Trail, Santa Fe, NM, 87501 (courier service or personal delivery) or P.O. Box 1148, Santa Fe, NM 87504-1148 (USPS postal mail), Attention: James White, Economic Development Representative. BIDS MUST BE RECEIVED NO LATER THAN 12:00 P.M. on October 6, 2022.
Sealed bids submitted in compliance with all terms and conditions for this public auction will be opened on October 7, 2022 at 9:30 a.m. at the New Mexico State Land Office (Morgan Hall), 310 Old Santa Fe Trail, Santa Fe, New Mexico 87501.
The Commissioner reserves the right to reject any bid, including, but not limited to, those bids that (1) do not meet the minimum requirements set forth above, or (2) that are not, in Commissioner’s estimation, the highest and best offer. The Commissioner also reserves the right to reject all bids and withdraw the Land from sale or to reinitiate the process of offering the Land for sale or exchange on the same or different terms at a future date. The Commissioner’s selection of a bid shall not constitute or be evidence of a contract between the Commissioner and the selected bidder. The Commissioner will have no obligation to any bidder unless and until the Commissioner and that bidder execute a written agreement for conveyance of the Land. Closing shall occur no later than 90 days after the selection of the winning bid.
Upon satisfaction of all of the conditions for completing the transaction, the Commissioner will convey the Land subject to all valid easements and other encumbrances shown in the records of the State Land Office and the Sandoval County Clerk’s Office. Bidders are responsible for verifying encumbrances and their effect on the Land. The Commissioner further reserves to the State all minerals of whatsoever kind, geothermal resources, and certain water rights, together with rights of access and surface use necessary for or incident to exploration for and extraction and removal of such minerals, geothermal resources, and water rights. Bidders may request that the Commissioner enter into a surface non-disturbance agreement for a separately agreed upon fee.
Disabled individuals requiring aid to bid may call (505) 827-5724; FAX 827-6157
or TTY (800) 659-8331. Upon request, this notice may be available in other formats.
Stephanie Garcia Richard
Commissioner of Public Lands
Journal: July 31, August 7, 14, 21, 28, September 4, 11, 18, 25, October 2, 2022