Stephanie Garcia Richard, Commissioner of Public Lands
State of New Mexico
EXHIBIT 2: NOTICE OF PUBLIC AUCTION

COMMISSIONER OF PUBLIC LANDS
NOTICE OF SEALED BID PUBLIC AUCTION
FOR SALE OF LAND
Land Sale LS-0421 (LE-1412), 44.5267± acres

Sandoval County, New Mexico

The Commissioner of Public Lands (“Commissioner”) gives notice of a sealed bid auction pursuant to the New Mexico Enabling Act (36 Stat. 557) and NMSA Sections 19-7-1 and 19-7-2 to sell 44.5267± acres of state trust lands (the “Land”) located in Sandoval County, New Mexico, more particularly described as follows:

Tract 17 of Unit 17 as the same is shown and designated on the plat entitled “Paseo Gateway Parcel A, Tracts 1 thru 9, 10A, 10B, 10C, 11 thru 18, A and B-1A, a Replat of Portions of Tract C in the Town of Alameda Grant Unit Seventeen etc.,” filed in the office of the County Clerk, Sandoval County, New Mexico on November 14, 2008 as Instrument No. 2008033908;

Being and intended to be part of Lot 3 (34.9360 acres), part of Lot 4 (1.1106 acres), and part of Lot 2 (8.4801 acres), Section 32, Township 13 North, Range 3 East, N.M.P.M.

The Land is located in the Paseo Gateway master plan area, within the municipal boundaries of the City of Rio Rancho in Sandoval County, west of V. Sue Cleveland High School, north of Paseo del Volcan and east of Loma Colorado Boulevard.

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 for a cash sale (i.e., full payment in cash due at closing) as a single tract; bids for less than the entire tract will not be considered.

Details regarding the auction, potential sale, 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: Christopher Wolf, Special Project Analyst, by telephone at 505-827-5095, or by e-mail to [email protected] The bid packet also is posted on the State Land Office website, www.nmstatelands.org. The bid packet is incorporated in this notice by reference and should be reviewed in detail before submitting a bid.

The Minimum Bid to purchase the Land is $3,921,000.00 (three million nine hundred twenty-one thousand dollars). 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.

Sealed bids must be accompanied by a $3,000.00 non-refundable sale application fee and deposits in the amounts set forth below. Deposits must be in the form specified in the Bid Information Sheet (Exhibit “1” of the bid packet). Failure to include the sale application fee and required deposits will result in disqualification. In addition to making the required transaction cost deposit, the successful bidder will be required to pay all costs associated with the auction and sale. The deposits of unsuccessful bidders will be refunded. See the bid packet for additional information and requirements regarding the required deposits.

Transaction Cost Deposit:

Advertising public auction (estimated $6,521.80

Advertising Section 19-7-9.1 public meetin $1,216.48

Tract 17 appraisal and appraisal revie $6,634.32

Tract 17 surve $3,689.33

Total Transaction Cost Deposi $21,061.93

The sealed bid must be accompanied by both a $21,061.93 transaction cost deposit and a performance deposit in the amount of $392,100.00, representing 10% of the Minimum Bid.

Bids must conform strictly to the requirements set forth in the bid packet and be submitted in a sealed package marked “Land Sale No. LS-0421” addressed to the Commissioner, c/o Christopher Wolf, Special Projects Analyst, Commercial Resources Division,

Sealed bids must 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: Christopher Wolf, Special Projects Analyst. BIDS MUST BE RECEIVED NO LATER THAN 12:00 P.M. on December 1, 2022.

Sealed bids will be opened on December 2, 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 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 sale, 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 will further reserve 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) 827-5095; 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

Observer: September 25, October 6, 13, 20, 27, November 3, 10, 17, 24, December 1, 2022