'33-/ 7 fot!j Of'tin of the '-pc;il.,,.,..j11di1h I. \\on Par. Ft!.])

Transcription

1 EDDE BAZA CALVO <Jover nor RAY TENORO Licutenunf (Jo ernor NOV Honorable Judith T. Won Pat. Ed.D Speaker Mina trentai 1res Na Liheslaturan Guahan 155 Hessler Street Hagatiia, Guam Dear Madame Speaker: Transmitted herewith is Bill No (COR), "AN ACT TO AMEND SECTON 104 OF CHAPTER V OF PUBLC LAW 28-68, RELATVE TO THE LAND EXCHANGE FOR GEORGE TOVES TO PROVDE PUBLC ACCESS TO THE UKUDU HGH SCHOOL STE, ON AN AREA FOR AREA BASS, AND NOT TO NCLUDE THE LAND USED FOR A MLTARY UTLTY EASEMENT," which was signed into law on the 9th day of November2015, as Public Law Senseramente, 33-/ 7 fot!j Oftin of the -pc;il.,,.,..j11di1h. \\on Par. Ft!.]) ll:itc: Yfl3kr "" l/djj Rn,.;, ul lh: _cr1., Rk-ardn )_ Bor<la!lo (.iovernor\; Cnn1pk_x Adclup, Cinatn Td: io7!)..l72-893! Fax: (671)..t-71-"1.826 gnven1or.guan1.gtl\ c3j11<lalguanlgo\ U Eddie Baza Calvo llr governorofguam

2 1W1VA TRENT A TRES 1VA LHESLATURAN GUAHA1V 2015 (FRST) Regular Session CERTFCATON OF PASSAGE OF AN ACT TO MAGALAHENGUAHAN This is to certify that Substitute Bill No (COR), "AN ACT TO Ail/END SECTON 104 OF CHAPTER V OF PUBLC LAW 28-68, RELATVE TO THE LD EXCHAl"l"GE FOR GEORGE TOVES TO PROVDE PlJBLC ACCESS TO THE UKUDUDGH SCHOOL STE, ON AN AREA FOR AREA BASS, AND TO NOT NCLUDE THE LAND USED FOR A MLTARY UTLTY EASEMENT," was on the 27th day of October 2015, duly and regularly passed. Judith T. Won Pat, Ed.D. Speaker Tina Rose Muiia Barnes Legislative Secretary, 0 This Act was received by Afaga ldhen Guahan this :: ::_LLO day of ;(?etft,,,, 2015, at oclock _.M. Maga ldhi s Office Public Law No. 33 -&" s-

3 MNA TRENTA TRES 1VA LHESLATURAN GUAHA1V 2015 (FRST) Regular Session Bill No (COR) As substituted by the Spousor. ntroduced by: T.C.Ada V. Anthony Ada FRANK B. AGUON, JR. Frank F. Blas, Jr. B. J.F. Cruz James V. Espaldon Brant T. Mccreadie Tommy Morrison T. R. Mufia Barnes R. J. Respicio Dennis G. Rodriguez, Jr. Michael F.Q. San Nicolas Mary Camacho Torres N. B. Underwood, Ph.D. Judith T. Won Pat, Ed.D. AN ACT TO AMEND SECTON 104 OF CHAPTER V OF PUBLC LAW 28-68, RELATVE TO THE LAND EXCHANGE FOR GEORGE TOVES TO PROVDE PUBLC ACCESS TO THE UKUDU DGH SCHOOL STE, ON AN AREA FOR AREA BASS, AND TO NOT NCLUDE THE LAND USED FOR A l\ltary UTLTY EASEMENT. 1 BE T ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and ntent. Liheslaturan Guahan finds 3 that Section 104 of Chapter V of Public Law authorized an area for area 4 land exchange to l\1r. George Toves for land needed for access to the new Ukudu 1

4 High School. The lot transferred to Mr. Toves, Lot No NEW-9, Dededo, 2 includes a military utility easement, MU-T-10, which dissects the property and 3 consists of approximately seven hundred sixty-six (766) ± square meters. The 4 military utility easement on Lot No NEW-9 has reduced the land 5 available, which should be eight thousand three hundred seventy-three (8,373) 6 square meters. 7 Liheslaturan Guahan finds that the adjacent lot, Lot No NEW-8, 8 Dededo, is an unused lot assigned to the Chamorro Land Trust Commission, and is 9 land that could be used to compensate for the land transfer to ensure that a net of 10 eight thousand three hundred seventy-three (8,373) square meters is exchanged. 11 Liheslaturan Guahan fmiher finds that this land exchange served a 12 legitimate public necessity and that the transfer of government land for private land 13 serves as due compensation. 14 t is, therefore, the intent of Liheslaturan Guahan that approximately seven 15 hundred sixty-six (766) ±square meters of land from Lot No NEW-8, 16 Dededo, not to include the land assigned to MU-T-10, will be transferred to Mr. 17 Toves and incorporated into Lot No NE\V-9, Dededo. 18 Section 2. Section 104 of Chapter V of Public Law is hereby 19 amended to read: 20 "Section 104. Land Exchange for Mr. George Toves to 21 Provide Public Access to Ukudu High School Site. 22 (a) Land Exchange. Afagalahen Guahan and the 23 Chamorro Land Trust Commission shall cause and execute a 24 consolidation and land exchange involving Basic Lot 5311-REJ\-1, 25 Dededo, privately owned by George Toves, and a portion of Basic Lot l 20-R20, known as Tract 11406, owned by the government of 27 Guam, to provide for access to the Ukudu High School site and usable 2

5 1 lots. The land exchange shall be on an area for area basis, and shall 2 not include the area utilized by the military utility easement known as 3 MU-T-10, as depicted in Exhibit A. The provisions of this Section 4 shall be applicable to the Municipal Lease program for the Ukudu 5 High School as provided for in Part of Chapter of this Act. 6 (b) Transfer of Property. An area approximately seven 7 hundred sixty-six (766) ±square meters of Lot No NEW-8, 8 Dededo, owned by the Chamorro Land Trust Commission, not to 9 include land assigned to the area designated by the military utility 10 easement known as MU-T-10, shall be transferred to Lot No. l NEW-9, Dededo, to compensate for the area of land used by the 12 military utility easement known as MU-T-10, in Lot No NEW-9, Dededo. As the area noted herein is an approximation, the 14 Department of Land Management shall prepare and record a new 15 survey map to depict the change of boundaries and the true and 16 correct area in this land transfer. Map No. 254FY2005, Sheet 7 of 7, 17 in Exhibit A, shows the existing lots with the military utility easement 18 required to be corrected by this Act. 19 ( c) ssuance of Certificate of Title. The Department of 20 Land!Vfanagement shall issue a certificate of title for the newly 21 consolidated Lot No NEW-9, Dededo, within ninety (90) 22 days of the land transfer." 23 Section 3. Exemption of Title 2, Guam Code Annotated, and the 24 Standing Rules of A1inaTrentai Tres Na Liheslaturan Guahan relative to land 25 appraisals ofland bills shall not apply to this Act. 3

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12 ,_...,,_.,...,_,,,,,,,.,, «ii 1l!Wr "" 7 REFERENCES LOT5311-R1 EXSTNG 12 FEET W!OE CORAl ROAD? GRAPHC $CAl.E: "" 30 METERS Slllr fill,l:tt 01 7 LEGEND ::..--:::-.,_: """"""""""""""""""..-iful--::::m:: _ LOT NEW- 9 AREA::s:s7}± sq.. Mc1ERs " :! ± ACRES DETAL "B" L_ LOT NEW- 7 JJ, 145± SQ_ METERS B ± ACRES s 1!:t51!07" w g4_3g9?./!? \ ".:;;r.--,-;l;;;.c;;t, J.Q120-21NEW- 4R/W.. \ 11" a::ano \.;? ii.rea" 1,5.32± SQ. MLERS \ "" 0.38± ACRES \ "" _LQJ_1_Q120-21N.W-10 AREA"" 4,068± SQ. METERS " 1 ± ACES \ \ \ LOT l new-11 \ DETAL DRAWNGS. ""-{,,,,.") """- "ENLARGED PLAN 1 METERS GOVERNMENT OF O<UAM GO.till/ifiTNON GUAHAN PlftPA.. TMFf:Nr QF -ANO <WNAG«MfiNT D<PATP Ml!Z... TON MANMJ.lti:HAN TANO LAND s<rnvll:y l>lvston nru ston A<U - MltN11:1A TANo_:_... :!

13 ,4/NA TRENTA TRES NA LHESLATURAN GUAHA1V 2015 (FRST) Regular Session CERTFCATON OF PASSAGE OF AN ACT TOlil1AGALAHE1VGUAHAN This is to certify that Substitute Bill No (COR), "AN ACT TO AMEND SECTON 104 OF CHAPTER V OF PUBLC LAW 28-68, RELATVE TO THE LAND EXCHANGE FOR GEORGE TOVES TO PROVDE PUBLC ACCESS TO THE UKUDUHCGH SCHOOL STE, ON AN AREA FOR AREA BASS, AND TO NOT NCLUDE THE LAND USED FOR A MLTARY UTLTY EASElVENT," was on the 27th day of October 2015, duly and regularly passed. Judith T. Won Pat, Ed.D. Speaker Tina Rose Muiia Barnes Legislative Secretary This Act was received by 1l1aga lahen Guahan this 2015, at f ;J:;;? oclock _.M. c2trl/ day of ;(!e.jt:, Maga lahi s Office NOV n o v,j Public Law

14 ilf/1va TRENTAl TRES NA LHESLATURAN GUAHA1V 2015 (FRST) Regular Session Bill No (COR) As substituted by the Sponsor. ntroduced by: T.C.Ada V. Anthony Ada FRANK B. AGUON, JR. Frank F. Blas, Jr. B. J.F. Cruz James V. Espaldon Brant T. McCreadie Tommy Morrison T. R. Muna Barnes R. J. Respicio Dennis G. Rodriguez, Jr. Michael F.Q. San Nicolas Mary Camacho Torres N. B. Underwood, Ph.D. Judith T. Won Pat, Ed.D. AN ACT TO AMEND SECTON 104 OF CHAPTER V OF PUBLC LAW 28-68, RELATVE TO THE LAND EXCHANGE FOR GEORGE TOVES TO PROVDE PUBLC ACCESS TO THE UKUDUHGH SCHOOL STE, ON AN AREA FOR AREA BASS, AND TO NOT NCLUDE THE LAND USED FOR A J\<ULTARY UTLTY EASEMENT. BE T ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and ntent. l Liheslaturan Guahan finds 3 that Section 104 of Chapter V of Public Law authorized an area for area 4 land exchange to Mr. George Toves for land needed for access to the new Ukudu 1

15 1 High School. The lot transferred to Mr. Toves, Lot No NEW-9, Dededo, 2 includes a military utility easement, MU-T-10, which dissects the property and 3 consists of approximately seven hundred sixty-six (766) ± square meters. The 4 military utility easement on Lot No NEW-9 has reduced the land 5 available, which should be eight thousand three hundred seventy-three (8,373) 6 square meters. 7 Liheslaturan Guahan finds that the adjacent lot, Lot No NEW-8, 8 Dededo, is an unused lot assigned to the Chamorro Land Trust Commission, and is 9 land that could be used to compensate for the land transfer to ensure that a net of 10 eight thousand three hundred seventy-three (8,373) square meters is exchanged. 11 Liheslaturan Guahan further finds that this land exchange served a 12 legitimate public necessity and that the transfer of government land for private land 13 serves as due compensation. 14 t is, therefore, the intent of Liheslaturan Guahan that approximately seven 15 hundred sixty-six (766) ±square meters of land from Lot No NEW-8, 16 Dededo, not to include the land assigned to MU-T-10, will be transferred to Mr. 17 Toves and incorporated into Lot No NEW-9, Dededo. 18 Section 2. Section 104 of Chapter V of Public Law is hereby 19 amended to read: 20 "Section 104. Land Exchange for Mr. George Toves to 21 Provide Public Access to Ukudu High School Site. 22 (a) Land Exchange. }vfaga lahen Guahan and the 23 Chamorro Land Trust Commission shall cause and execute a 24 consolidation and land exchange involving Basic Lot 5311-REM, 25 Dededo, privately owned by George Toves, and a portion of Basic Lot l 20-R20, known as Tract 11406, owned by the government of 27 Guam, to provide for access to the TJkudu High School site and usable 2

16 1 lots. The land exchange shall be on an area for area basis, and shall 2 not include the area utilized by the military utility easement known as 3 MU-T-10, as depicted in Exhibit A. The provisions of this Section 4 shall be applicable to the Municipal Lease program for the Ukudu 5 High School as provided for in Part of Chapter of this Act. 6 (b) Transfer of Property. An area approximately seven 7 hundred sixty-six (766) ±square meters of Lot No NE\V-8, 8 Dededo, owned by the Chamorro Land Trust Commission, not to 9 include land assigned to the area designated by the military utility 10 easement known as MU-T-10, shall be transferred to Lot No NEW-9, Dededo, to compensate for the area of land used by the 12 military utility easement known as MU-T-10, in Lot No NEW-9, Dededo. As the area noted herein is an approximation, the 14 Department of Land Management shall prepare and record a new 15 survey map to depict the change of boundaries and the true and 16 correct area in this land transfer. Map No. 254FY2005, Sheet 7 of 7, 17 in Exhibit A, shows the existing lots with the military utility easement 18 required to be corrected by this Act. 19 ( c) ssuance of Certificate of Title. The Department of 20 Land Management shall issue a certificate of title for the newly 21 consolidated Lot No NEW-9, Dededo, within ninety (90) 22 days of the land transfer." 23 Section 3. Exemption of Title 2, Guam Code Annotated, and the 24 Standing Rules of 1\1inaTrentai Tres Na Liheslaturan Guahan relative to land 25 appraisals ofland bills shall not apply to this Act. 3

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20 VlC!NTfY MA1 (SU SHE.ll"T 01 7 ) ---- J,_ :,,..,_,"! ,,.l_ l- - =-l { GRl\fHlC SOLE: 1"" 80 METERS,.., """..:::::?J.i:i.!!,--..."""""..._..,,.... mom CURVE DATA,.,,,,,..,,. (..-.;,." (5<... )!,.,. ) "" (,..,,)...,.. ("-... ) _,.,,,,,-<),...,,... ;,..,,.,.,., l""-"i { " "),.._.., {>llu.. ) {!..,.,.._,) 1.,,,..., < J --HJ fu.79m!!i!l!l -- LOT NEW AR[Am JSZ078+ SQ_ M(l[HS 87!t ACR:Ef> "f" Lor 10121}-R21 / AREA l ± $0. MCl(RS : NOTPARTOFSURVEY ; (Sff NOTO) --e&-::: j!\l l!!_ <;EJnm:C.""" Df <;ti/jo! Clim "-t!\t<oll/rnll:r <»... fm"-"""...,....._.,.,."""-"""""".,.,.._ --mmu-...,""""...,_,...,.,,...,....,,,...,, CONSOUDATJON SURVEY MAP OF LOT 10t2{).21 ANO LOT 5311-REM!NTO LOT NEW - ---,--..._...,,.,.,....

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23 VCNTY MAP {SEE Sll r l 0} 7) NOTES:,n; REFERENCES LOT5311-.R1 EXSTNG 12 FEET WDE CORAL ROAD ) GRAf!ilC SCAtE: 1" o- 31.l METERS n!!sliul!017 LEGEND: ,, ,.--.:i..lii<i.niw... M#;,.::_::_: -:: / PUBLC ACCESS ANO UTLTY EASEMENT / AREA= ± SQ. METERS / ""3±ACRES // AV-GA$ LNE variabu-wlthf CVL NO DOC. NO / / / / / / / / -.. LOT NEW- 7 AREA= 3.3, 145± SQ. METEFS "" 8 ± ACRES N "E :!._ / " DETAL "B" L ,_,,,,....,.,.,,...._,,,.,,.,,,,.. _,...,.,..,..._,,,_(,...,,_ ;/" q,v f? \ - \ ""c--;, LO:T NEW- M<l\11_ \ SO WDE PUSUC ACCESS ANO \ UTLTES AJGHT OF WAY AREA" 1,532± SQ. METERS \ = 0.38± ACRCS \ S37541l4"\ly_.ill \ LOT NEW-10 \ AR[A,,,, 4,068± SQ. M{iERS \ "" 1 ± ACRES \. "ENLARGED PLAN