(Reprinted with amendments adopted on April 18, 2003)
FIRST REPRINT S.B. 444
Senate Bill No. 444–Committee on Government Affairs
(On Behalf of the Department of Conservation and Natural Resources, State Lands Division)
March 24, 2003
____________
Referred to Committee on Government Affairs
SUMMARY—Authorizes transfer of certain real property owned by State of Nevada to City of Las Vegas. (BDR S‑517)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state property; authorizing the transfer of certain real property owned by the State of Nevada to the City of Las Vegas; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. 1. Except as otherwise provided in subsection 2,
1-2 notwithstanding any provision of chapter 321 of NRS to the
1-3 contrary, the Administrator of the Division of State Lands of the
1-4 State Department of Conservation and Natural Resources may enter
1-5 into an agreement to transfer to the City of Las Vegas, without
1-6 consideration, all the interest of the State of Nevada in the real
1-7 property described in section 3 of this act.
1-8 2. The agreement described in subsection 1:
1-9 (a) Must provide that, after the transfer of the real property and
1-10 unless the real property reverts to the State of Nevada pursuant to
1-11 paragraph (b) of subsection 1 of section 2 of this act:
1-12 (1) The State is not liable for any expense incurred to operate
1-13 or maintain that real property or any appurtenances or facilities
1-14 which are located on that real property; and
2-1 (2) The City of Las Vegas may not change the name of the
2-2 real property from Floyd Lamb State Park unless the Legislature
2-3 approves the change by statute or concurrent resolution.
2-4 (b) Must not become effective unless and until:
2-5 (1) If the Legislature is in session, the Legislature approves
2-6 the agreement by statute or concurrent resolution; or
2-7 (2) If the Legislature is not in session, the Interim Finance
2-8 Committee approves the agreement.
2-9 Sec. 2. If real property is transferred pursuant to section 1 of
2-10 this act:
2-11 1. The deed from the State of Nevada to the City of Las Vegas
2-12 must:
2-13 (a) Include restrictions which:
2-14 (1) Protect all historical and recreational value of the
2-15 property;
2-16 (2) Guarantee public access to the property; and
2-17 (3) Prevent the City of Las Vegas or any successor in title
2-18 from transferring the property without the consent of the State of
2-19 Nevada; and
2-20 (b) Provide for the reversion of title to the property to the State
2-21 of Nevada upon the breach of any restriction specified in
2-22 subsection 1.
2-23 2. The transfer of the property to the City of Las Vegas must
2-24 include, in addition to the deed, the relinquishment in favor of the
2-25 City of Las Vegas of a lease of certain land from the Bureau of Land
2-26 Management pursuant to section 4 of this act.
2-27 Sec. 3. 1. Except as otherwise provided in subsection 2, the
2-28 property that may be transferred to the City of Las Vegas is
2-29 commonly known as Floyd Lamb State Park and is described as
2-30 follows:
2-31 (a) Parcel 1. That portion of the North Half (N 1/2) of the
2-32 Southwest Quarter (SW 1/4) of Section 9, Township 19 South,
2-33 Range 60 East, M.D.M., more particularly described as follows:
2-34 Lot 3 as shown by the map thereof on file in file 97 of Parcel
2-35 Maps, page 46, in the Office of the County Recorder of Clark
2-36 County, Nevada.
2-37 (b) Parcel 2. The Northwest Quarter (NW 1/4) of the Southeast
2-38 Quarter (SE 1/4) of Section 9, Township 19 South, Range 60 East,
2-39 M.D.M., excepting therefrom the south 30 feet as conveyed to the
2-40 City of Las Vegas by dedication recorded August 1, 1973, in Book
2-41 351 as Document No. 310044, Official Records.
2-42 (c) Parcel 3. That portion of the South Half (S 1/2) of the
2-43 Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
2-44 Range 60 East, M.D.M., more particularly described as follows:
3-1 Lot 2 as shown by the map thereof on file in file 97 of Parcel
3-2 Maps, page 46, in the Office of the County Recorder of Clark
3-3 County, Nevada.
3-4 (d) Parcel 4. The Southwest Quarter (SW 1/4) of the Northeast
3-5 Quarter (NE 1/4) of Section 9, Township 19 South, Range 60 East,
3-6 M.D.M.
3-7 (e) Parcel 5. The Northwest Quarter (NW 1/4) of the Northeast
3-8 Quarter (NE 1/4) of Section 9, Township 19 South, Range 60 East,
3-9 M.D.M.
3-10 (f) Parcel 6. The Southwest Quarter (SW 1/4) of Section 4,
3-11 Township 19 South, Range 60 East, M.D.M.
3-12 (g) Parcel 7. The North Half (N 1/2) of the Southeast Quarter
3-13 (SE 1/4) of Section 4, Township 19 South, Range 60 East, M.D.M.
3-14 (h) Parcel 8. The Southeast Quarter (SE 1/4) of the Southeast
3-15 Quarter (SE 1/4) of Section 4, Township 19 South, Range 60 East,
3-16 M.D.M.
3-17 (i) Parcel 9. The Southwest Quarter (SW 1/4) of the Southeast
3-18 Quarter (SE 1/4) of Section 4, Township 19 South, Range 60 East,
3-19 M.D.M.
3-20 (j) Parcel 10. The South Half (S 1/2) of the Southwest Quarter
3-21 (SW 1/4) of Section 3, Township 19 South, Range 60 East, M.D.M.
3-22 (k) Parcel 11. That portion of the Northeast Quarter (NE 1/4) of
3-23 the Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
3-24 Range 60 East, M.D.M., more particularly described as follows:
3-25 Commencing at the North Quarter (N 1/4) corner of said Section
3-26 9, the true point of beginning; thence along the North line of said
3-27 Section North 89°38'23" West, 75.00 feet; thence parallel with and
3-28 distant 75.00 feet westerly, measured at right angles, from the East
3-29 line of the Northwest Quarter (NW 1/4) of said Section, South
3-30 00°07'41" East, 1329.70 feet; thence along the South line of the
3-31 Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of
3-32 said Section, South 89°11'36" East, 75.01 feet; thence along the East
3-33 line of the Northwest Quarter (NW 1/4) of said Section; North
3-34 00°07'41" West, 1330.28 feet to the true point of beginning.
3-35 (l) Parcel 12. That portion of the North Half (N 1/2) of the
3-36 Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
3-37 Range 60 East, M.D.M., more particularly described as follows:
3-38 Commencing at the Northeast Corner of the Northwest Quarter
3-39 (NW 1/4) of said Section 9; thence North 89°35'34" West along the
3-40 North line of said Section 9 a distance of 75.01 feet to the West line
3-41 of the East 75.00 feet of the Northwest Quarter (NW 1/4) of said
3-42 Section 9, being the true point of beginning; thence continuing
3-43 North 89°35'34" West along said North line a distance of 60.00 feet;
3-44 thence South 00°39'34" East parallel with the East line of the
3-45 Northwest Quarter (NW 1/4) of said Section 9 a distance of 840.00
4-1 feet; thence South 25°20'38" West a distance of 125.00 feet; thence
4-2 South 40°52'49" West a distance of 550.66 feet to a point in the
4-3 South line of the North Half (N 1/2) of the Northwest Quarter (NW
4-4 1/4) of said Section 9; thence North 88°29'50" East along said South
4-5 line a distance of 480.00 feet to the West line of the East 75.00 feet
4-6 of the Northwest Quarter (NW 1/4) of said Section 9; thence North
4-7 00°39'34" West along the West line of said East 75.00 feet a
4-8 distance of 1356.25 feet to the true point of beginning.
4-9 (m) Parcel 13. The North Half (N 1/2) of the Northwest Quarter
4-10 (NW 1/4) of Section 9, Township 19 South, Range 60 East, M.D.M,
4-11 excepting therefrom:
4-12 (1) The East 75.00 feet thereof;
4-13 (2) The West 30.00 feet as granted to Clark County for road
4-14 purposes; and
4-15 (3) The following described property:
4-16 Commencing at the Northeast Corner of the Northwest Quarter
4-17 (NW 1/4) of said Section 9; thence North 89°35'34" West along the
4-18 North line of said Section 9 a distance of 75.01 feet to the West line
4-19 of the East 75.00 feet of the Northwest Quarter (NW 1/4) of said
4-20 Section 9, being the true point of beginning; thence continuing
4-21 North 89°35'34" West along said North line a distance of 60.00 feet;
4-22 thence South 00°39'34" East and parallel with the East line of the
4-23 Northwest Quarter (NW 1/4) of said Section 9, a distance of 840.00
4-24 feet; thence South 25°20'08" West a distance of 125.00 feet; thence
4-25 South 40°52'49" West a distance of 550.66 feet to a point in the
4-26 South line of the North Half (N 1/2) of the Northwest Quarter (NW
4-27 1/4) of said Section 9; thence North 88°29'50" East along said South
4-28 line a distance of 480.00 feet to the West line of the East 75.00 feet
4-29 of the Northwest Quarter (NW 1/4) of said Section 9; thence North
4-30 00°39'34" West along the West line of said East 75.00 feet a
4-31 distance of 1356.25 feet to the point of beginning.
4-32 (n) Parcel 14. The Northwest Quarter (NW 1/4) of the
4-33 Southwest Quarter (SW 1/4) of Section 3, Township 19 South,
4-34 Range 60 East, M.D.M.
4-35 2. The legal descriptions set forth in subsection 1 must be
4-36 amended to reflect a survey to be done of the boundaries of the
4-37 portion of the property set aside for the use of the Division of
4-38 Forestry of the State Department of Conservation and Natural
4-39 Resources. The land and all interests in land identified by the
4-40 Division of State Lands of the State Department of Conservation
4-41 and Natural Resources as necessary for use by the Division of
4-42 Forestry must be excluded from the legal descriptions and must
4-43 remain the property of the State of Nevada.
5-1 Sec. 4. 1. The relinquishment of a lease of land to the
5-2 Bureau of Land Management in favor of the City of Las Vegas as
5-3 required by section 2 of this act must include all land leased to the
5-4 State of Nevada by the Bureau of Land Management in Lease
5-5 Number N-36876, more particularly described as follows:
5-6 (a) The West Half (W 1/2) of Section 2, Township 19 South,
5-7 Range 60 East, M.D.M.;
5-8 (b) Lot 3, Lot 4, the South Half (S 1/2) of the North Half (N
5-9 1/2), the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW
5-10 1/4), and the Southeast Quarter (SE 1/4) of Section 3, Township 19
5-11 South, Range 60 East, M.D.M.;
5-12 (c) Lot 1, Lot 2, and the Southeast Quarter (SE 1/4) of the
5-13 Northeast Quarter (NE 1/4) of Section 4, Township 19 South, Range
5-14 60 East, M.D.M.; and
5-15 (d) The Northwest Quarter (NW 1/4) of Section 11, Township
5-16 19 South, Range 60 East, M.D.M.
5-17 2. The land specified in subsection 1 contains an area of
5-18 1,056.71 acres as shown on that certain Master Title Plat most
5-19 recently dated November 30, 2001, in the records of the Bureau of
5-20 Land Management for Township 19 South, Range 60 East, M.D.M.
5-21 Sec. 5. This act becomes effective upon passage and approval.
5-22 H