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. The provisions of this
1-15 subparagraph do not prohibit the State from making grants to the
2-1 City of Las Vegas for the operation or maintenance of the real
2-2 property or any appurtenances or facilities which are located on the
2-3 real property.
2-4 (2) The City of Las Vegas may not change the name of the
2-5 real property from a name which includes the name of Floyd Lamb
2-6 unless the Legislature approves the change by statute.
2-7 (b) Must not become effective unless and until:
2-8 (1) If the Legislature is in session, the Legislature approves
2-9 the agreement by statute; or
2-10 (2) If the Legislature is not in session, the Interim Finance
2-11 Committee approves the agreement.
2-12 Sec. 2. If real property is transferred pursuant to section 1 of
2-13 this act:
2-14 1. The deed from the State of Nevada to the City of Las Vegas
2-15 must:
2-16 (a) Include restrictions which:
2-17 (1) Protect all historical and recreational value of the
2-18 property;
2-19 (2) Guarantee public access to the property;
2-20 (3) Prevent the City of Las Vegas or any successor in title
2-21 from transferring the property without the consent of the State of
2-22 Nevada; and
2-23 (4) Ensure that the property is used only for passive
2-24 recreation; and
2-25 (b) Provide for the reversion of title to the property to the State
2-26 of Nevada upon the breach of any restriction specified in
2-27 subsection 1.
2-28 2. The transfer of the property to the City of Las Vegas must
2-29 include, in addition to the deed, the relinquishment in favor of the
2-30 City of Las Vegas of a lease of certain land from the Bureau of Land
2-31 Management pursuant to section 4 of this act.
2-32 Sec. 3. 1. Except as otherwise provided in subsection 2, the
2-33 property that may be transferred to the City of Las Vegas is
2-34 commonly known as Floyd Lamb State Park and is described as
2-35 follows:
2-36 (a) Parcel 1. That portion of the North Half (N 1/2) of the
2-37 Southwest Quarter (SW 1/4) of Section 9, Township 19 South,
2-38 Range 60 East, M.D.M., more particularly described as follows:
2-39 Lot 3 as shown by the map thereof on file in file 97 of Parcel
2-40 Maps, page 46, in the Office of the County Recorder of Clark
2-41 County, Nevada.
2-42 (b) Parcel 2. The Northwest Quarter (NW 1/4) of the Southeast
2-43 Quarter (SE 1/4) of Section 9, Township 19 South, Range 60 East,
2-44 M.D.M., excepting therefrom the south 30 feet as conveyed to the
3-1 City of Las Vegas by dedication recorded August 1, 1973, in Book
3-2 351 as Document No. 310044, Official Records.
3-3 (c) Parcel 3. That portion of the South Half (S 1/2) of the
3-4 Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
3-5 Range 60 East, M.D.M., more particularly described as follows:
3-6 Lot 2 as shown by the map thereof on file in file 97 of Parcel
3-7 Maps, page 46, in the Office of the County Recorder of Clark
3-8 County, Nevada.
3-9 (d) Parcel 4. The Southwest Quarter (SW 1/4) of the Northeast
3-10 Quarter (NE 1/4) of Section 9, Township 19 South, Range 60 East,
3-11 M.D.M.
3-12 (e) Parcel 5. The Northwest Quarter (NW 1/4) of the Northeast
3-13 Quarter (NE 1/4) of Section 9, Township 19 South, Range 60 East,
3-14 M.D.M.
3-15 (f) Parcel 6. The Southwest Quarter (SW 1/4) of Section 4,
3-16 Township 19 South, Range 60 East, M.D.M.
3-17 (g) Parcel 7. The North Half (N 1/2) of the Southeast Quarter
3-18 (SE 1/4) of Section 4, Township 19 South, Range 60 East, M.D.M.
3-19 (h) Parcel 8. The Southeast Quarter (SE 1/4) of the Southeast
3-20 Quarter (SE 1/4) of Section 4, Township 19 South, Range 60 East,
3-21 M.D.M.
3-22 (i) Parcel 9. The Southwest Quarter (SW 1/4) of the Southeast
3-23 Quarter (SE 1/4) of Section 4, Township 19 South, Range 60 East,
3-24 M.D.M.
3-25 (j) Parcel 10. The South Half (S 1/2) of the Southwest Quarter
3-26 (SW 1/4) of Section 3, Township 19 South, Range 60 East, M.D.M.
3-27 (k) Parcel 11. That portion of the Northeast Quarter (NE 1/4) of
3-28 the Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
3-29 Range 60 East, M.D.M., more particularly described as follows:
3-30 Commencing at the North Quarter (N 1/4) corner of said Section
3-31 9, the true point of beginning; thence along the North line of said
3-32 Section North 89°38'23" West, 75.00 feet; thence parallel with and
3-33 distant 75.00 feet westerly, measured at right angles, from the East
3-34 line of the Northwest Quarter (NW 1/4) of said Section, South
3-35 00°07'41" East, 1329.70 feet; thence along the South line of the
3-36 Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of
3-37 said Section, South 89°11'36" East, 75.01 feet; thence along the East
3-38 line of the Northwest Quarter (NW 1/4) of said Section; North
3-39 00°07'41" West, 1330.28 feet to the true point of beginning.
3-40 (l) Parcel 12. That portion of the North Half (N 1/2) of the
3-41 Northwest Quarter (NW 1/4) of Section 9, Township 19 South,
3-42 Range 60 East, M.D.M., more particularly described as follows:
3-43 Commencing at the Northeast Corner of the Northwest Quarter
3-44 (NW 1/4) of said Section 9; thence North 89°35'34" West along the
3-45 North line of said Section 9 a distance of 75.01 feet to the West line
4-1 of the East 75.00 feet of the Northwest Quarter (NW 1/4) of said
4-2 Section 9, being the true point of beginning; thence continuing
4-3 North 89°35'34" West along said North line a distance of 60.00 feet;
4-4 thence South 00°39'34" East parallel with the East line of the
4-5 Northwest Quarter (NW 1/4) of said Section 9 a distance of 840.00
4-6 feet; thence South 25°20'38" West a distance of 125.00 feet; thence
4-7 South 40°52'49" West a distance of 550.66 feet to a point in the
4-8 South line of the North Half (N 1/2) of the Northwest Quarter (NW
4-9 1/4) of said Section 9; thence North 88°29'50" East along said South
4-10 line a distance of 480.00 feet to the West line of the East 75.00 feet
4-11 of the Northwest Quarter (NW 1/4) of said Section 9; thence North
4-12 00°39'34" West along the West line of said East 75.00 feet a
4-13 distance of 1356.25 feet to the true point of beginning.
4-14 (m) Parcel 13. The North Half (N 1/2) of the Northwest Quarter
4-15 (NW 1/4) of Section 9, Township 19 South, Range 60 East, M.D.M,
4-16 excepting therefrom:
4-17 (1) The East 75.00 feet thereof;
4-18 (2) The West 30.00 feet as granted to Clark County for road
4-19 purposes; and
4-20 (3) The following described property:
4-21 Commencing at the Northeast Corner of the Northwest Quarter
4-22 (NW 1/4) of said Section 9; thence North 89°35'34" West along the
4-23 North line of said Section 9 a distance of 75.01 feet to the West line
4-24 of the East 75.00 feet of the Northwest Quarter (NW 1/4) of said
4-25 Section 9, being the true point of beginning; thence continuing
4-26 North 89°35'34" West along said North line a distance of 60.00 feet;
4-27 thence South 00°39'34" East and parallel with the East line of the
4-28 Northwest Quarter (NW 1/4) of said Section 9, a distance of 840.00
4-29 feet; thence South 25°20'08" West a distance of 125.00 feet; thence
4-30 South 40°52'49" West a distance of 550.66 feet to a point in the
4-31 South line of the North Half (N 1/2) of the Northwest Quarter (NW
4-32 1/4) of said Section 9; thence North 88°29'50" East along said South
4-33 line a distance of 480.00 feet to the West line of the East 75.00 feet
4-34 of the Northwest Quarter (NW 1/4) of said Section 9; thence North
4-35 00°39'34" West along the West line of said East 75.00 feet a
4-36 distance of 1356.25 feet to the point of beginning.
4-37 (n) Parcel 14. The Northwest Quarter (NW 1/4) of the
4-38 Southwest Quarter (SW 1/4) of Section 3, Township 19 South,
4-39 Range 60 East, M.D.M.
4-40 2. The legal descriptions set forth in subsection 1 must be
4-41 amended to reflect a survey to be done of the boundaries of the
4-42 portion of the property set aside for the use of the Division of
4-43 Forestry of the State Department of Conservation and Natural
4-44 Resources. The land and all interests in land identified by the
4-45 Division of State Lands of the State Department of Conservation
5-1 and Natural Resources as necessary for use by the Division of
5-2 Forestry must be excluded from the legal descriptions and must
5-3 remain the property of the State of Nevada.
5-4 Sec. 4. 1. The relinquishment of a lease of land to the
5-5 Bureau of Land Management in favor of the City of Las Vegas as
5-6 required by section 2 of this act must include all land leased to the
5-7 State of Nevada by the Bureau of Land Management in Lease
5-8 Number N-36876, more particularly described as follows:
5-9 (a) The West Half (W 1/2) of Section 2, Township 19 South,
5-10 Range 60 East, M.D.M.;
5-11 (b) Lot 3, Lot 4, the South Half (S 1/2) of the North Half (N
5-12 1/2), the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW
5-13 1/4), and the Southeast Quarter (SE 1/4) of Section 3, Township 19
5-14 South, Range 60 East, M.D.M.;
5-15 (c) Lot 1, Lot 2, and the Southeast Quarter (SE 1/4) of the
5-16 Northeast Quarter (NE 1/4) of Section 4, Township 19 South, Range
5-17 60 East, M.D.M.; and
5-18 (d) The Northwest Quarter (NW 1/4) of Section 11, Township
5-19 19 South, Range 60 East, M.D.M.
5-20 2. The land specified in subsection 1 contains an area of
5-21 1,056.71 acres as shown on that certain Master Title Plat most
5-22 recently dated November 30, 2001, in the records of the Bureau of
5-23 Land Management for Township 19 South, Range 60 East, M.D.M.
5-24 Sec. 5. This act becomes effective upon passage and approval.
5-25 H