Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
transfer forthwith certain land owned by the commonwealth,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Notwithstanding section 40H of
chapter 7 of the General Laws, the
commissioner of the division of capital asset management and maintenance may
transfer care and control of approximately 12 acres of land currently used for
agricultural purposes on the corner of Norse and Glen streets in the town of
Westborough to the department of food and agriculture to be preserved under an
agricultural preservation restriction pursuant to sections 31, 32 and 33 of
chapter 184 of the General Laws. The 12 acres are part of a larger tract of
land
owned by the commonwealth shown as "Lot 1 43.38 Acres" on a plan entitled "Land
in Westborough, Mass. surveyed for the Town of Westborough scale 1"=100'
February, 1990".
SECTION 2.
Notwithstanding section 40H of chapter 7 of the General
Laws, the
commissioner of the division of capital asset management and maintenance may
sell
and convey by deed the remainder of Lot 1 on the plan referred to in section 1
to
the town of Westborough for cemetery purposes. The exact boundaries of the
remainder of Lot 1 to be sold to the town of Westborough shall be established
by
the commissioner based on a final land survey to be completed before the
conveyance of the remainder.
SECTION 3.
The consideration paid by the town of Westborough for the
parcel
described in section 2 shall be the full and fair market value of the
property,
determined by independent appraisal, for use as a cemetery. The inspector
general
shall review and approve the appraisal and his review shall include a review of
the methodology used for the appraisal. The inspector general shall prepare a
report of his review and file the report with the commissioner of
the division of capital asset management and maintenance for submission to the
joint committee
on
state administration in accordance with section 6. The sale price paid as
consideration shall be deposited in the General Fund of the commonwealth.
SECTION 4.
The town of Westborough shall assume all costs of any
engineering,
surveys, appraisal, deed preparation and other expenses considered necessary by
the commissioner for the conveyance of the property described in section 2 or
for
any costs and liabilities and expenses of any nature or kind for the
development,
maintenance or operation thereof, including a certified survey commissioned by
the division of capital asset management and maintenance.
SECTION 5.
If the parcel described in section 2 ceases to be used at
any time
for the purposes and uses required by this act, then, upon notice by the
commissioner of the division of capital asset management and maintenance, the
parcel shall revert to the commonwealth upon terms and conditions as the
commissioner may determine.
SECTION 6.
Thirty days before the execution of any agreement
authorized by this
act, or any subsequent amendment thereof the commissioner of
the division of capital asset management and maintenance shall submit the
agreement or
amendment
and a report thereon to the inspector general for his review and comment. The
inspector general shall issue his review and comment within 15 days of receipt
of
any agreement or amendment. The commissioner shall submit the agreement and
any
subsequent amendments thereof, the reports, and the comments of the inspector
general, if any, to the house and senate committees on ways and means and the
joint committee on state administration at least 15 days before execution of
any
agreement authorized by this act.
Approved August 7, 2002.