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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF WALTHAM.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith a certain parcel of land in the city of Waltham, 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 sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey by deed a certain parcel of land in the city of Waltham, without the buildings thereon, to the Roman Catholic Archbishop of Boston, a corporation sole, otherwise known as the Archdiocese of Boston. The parcel, located at 939 Trapelo road and containing approximately 1.426 acres of land, is identified on Waltham assessors’ map 15 as block 1, lot 1 and as Lot 2 on a plan entitled “Plan of Land in Waltham & Lexington (Middlesex Co.) Mass.”, surveyed for Geraghty & Miller, dated December 2, 1996 and recorded with the Middlesex south district registry of deeds in book 27228, page 430, being the same premises conveyed to the county of Middlesex by deed of the Roman Catholic Archbishop of Boston dated December 8, 1959 and recorded with the Middlesex south district registry of deeds in book 9512, page 539. 

SECTION 2. A deed effectuating the conveyance authorized in section 1 shall not be valid unless the deed provides that the property shall be used solely for the religious purposes of the Archdiocese of Boston including, but not limited to, the use, maintenance and improvements of the land and the existing rectory, garage and parking lot and for conservation purposes. The approval of the division of capital asset management and maintenance shall not be required for the use, maintenance or improvements of the land or the existing rectory, garage or parking lot by the Archdiocese of Boston as authorized herein; provided, however, that the use, maintenance or improvements to the land or existing rectory, garage and parking lot by the Archdiocese shall be subject to local zoning and environmental regulations. If the property ceases to be used for the purposes described herein, the commonwealth shall have a right of reversion and may exercise the right after the commonwealth: (i) provides the Archdiocese with written notification and an opportunity to cure; and (ii) records a notice of the reversion in the Middlesex south district registry of deeds. If clauses (i) and (ii) are satisfied, the property shall revert to the commonwealth under the care, custody and control of the division of capital asset management and maintenance.

SECTION 3. The consideration for the conveyance authorized in section 1 shall be the full and fair market value of the parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal.

SECTION 4. The inspector general shall review and approve the appraisal conducted pursuant to section 3. The review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance for submission to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. 

SECTION 5. The Roman Catholic Archbishop of Boston shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyance authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance.