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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE CITY OF SOMERVILLE TO THE SOMERVILLE HOUSING AUTHORITY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the conveyance of certain land in the city of Somerville to the Somerville Housing Authority, 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 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, in consultation with the department of conservation and recreation, may convey to the Somerville housing authority a certain parcel of land located at 34 North street in the city of Somerville at the corner of Alewife Brook parkway and Powder House boulevard and consisting of approximately 4,750 square feet which form part of the right of way, sidewalks, curb and roadway of Alewife Brook parkway. The parcel of land is currently under the care and control of the department of conservation and recreation for conservation and recreation purposes and used as a parkway which has been designated and restricted by the department to pleasure vehicles only. The approximate location of the parcel is shown on a plan entitled “Clarendon Hill, Preliminary Article 97 Land Swap Plan, Land Located in Somerville, Massachusetts, Surveyed for Somerville Housing Authority” prepared by Design Consultants, Inc., dated May 9, 2018, which plan is on file with the commissioner of capital asset management and maintenance. Modifications to the description set forth in the plan may be made to conform with a final land survey, as accepted by the division and the department, before any conveyance authorized in this act. The deed shall contain an acknowledgement that Alewife Brook parkway is a parkway which has been designated and restricted to pleasure vehicles only. The Somerville housing authority may ground lease the land conveyed pursuant to this section in connection with the redevelopment of 34 North street in the city of Somerville, also known as Clarendon Hill apartments, pursuant to a certain request for proposals entitled “Request for Proposals for the Long-Term Lease of Authority Land at 34 North St, Somerville, Massachusetts and the Development of this Land for Mixed-Income Housing”, dated on or about March 18, 2018, without any additional process under chapter 30B of the General Laws.

SECTION 2. An independent appraisal of the fair market value and value in use of the parcel of land described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The Somerville housing authority shall compensate the commonwealth for the conveyance of the above-described parcel by: (i) making a payment in an amount equal to the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and maintenance; (ii) transferring land or an interest in land to the department of conservation and recreation of equal or greater acreage and resource value than the above-described parcel to be held by the department of conservation and recreation for conservation or recreation purposes; or (iii) any combination of clauses (i) and (ii) acceptable to the department of conservation and recreation. Any payment made in accordance with clause (i) shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and expended by the department to acquire lands or interests in land to be permanently under the care and control of the department for conservation and recreation purposes. For the purposes of such appraisal, the full and fair market value of the above-described parcel shall be calculated with regard to its full development potential as assembled with other abutting lands owned or controlled by the Somerville housing authority, if any. The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance. After receiving the report, the commissioner shall submit copies of the report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the conveyance described in section 1.

SECTION 3. The Somerville housing authority shall be responsible for all costs associated with the conveyance authorized by this act including, but not limited to, any appraisal, survey, recording or legal costs and any other expenses incurred by the commonwealth in connection with the conveyance and for all costs, liabilities and expenses of any nature and kind for its ownership and use. 

Approved, August 9, 2018.