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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 PARCELS OF LAND IN THE TOWN OF GRAFTON.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

(a)  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 certain parcels of land and buildings located thereon at the former Grafton State Hospital located at the intersection of Pine and Green streets in the town of Grafton to the town for a nominal fee. The exact location and boundaries of the parcels to be conveyed shall be determined by the commissioner after completion of a survey. The use of the parcels to be conveyed to the town shall not be restricted to use for general municipal purposes or other specific uses; provided, however, that the town shall allow multi-family market rate and affordable housing on a portion of the site consistent with the requirements of the North Grafton Transit Village Overlay District established by the town of Grafton pursuant to chapter 40R of the General Laws. The parcels shall be conveyed by deed without warranties or representations by the commonwealth.

The commissioner of capital asset management and maintenance shall establish the value of the parcels and place notification in the central register of the conveyance, the amount of the transaction and the calculated value and price received.

(b)  If the town of Grafton sells or leases any portion of the parcels described in subsection (a), the net proceeds from such sale or lease as determined by the town and agreed to by the commissioner of capital asset management and maintenance shall be allocated between the town and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth’s proceeds to not less than 40 per cent of net proceeds in order to provide certain incentives to the town to sell or lease some or all of the parcels described in subsection (a) expeditiously or to facilitate the development of some or all of the parcels in accordance with smart growth principles promulgated from time to time by the governor and the secretary of energy and environmental affairs. If the net proceeds as so determined is a negative amount, the commonwealth shall not be required to make any payments to the town. If the town sells or leases any portion of the parcels described in said subsection (a), the commissioner shall send a report to the inspector general detailing the terms of the sale or lease, any incentive authorized by the commissioner and the commonwealth’s share of the net proceeds.

(c)  Notwithstanding any general or special law to the contrary, the town of Grafton shall pay for all costs and expenses of the transactions authorized in subsection (a) as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any surveys, appraisals, recording fees and deed preparation related to the conveyances and for all costs, liabilities and expenses of any nature and kind related to the conveyances; provided, however, that such costs may be included to determine the net proceeds of the town’s sale or lease of any portion of the parcels described in subsection (a).

(d)  Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance may retain, accept or acquire by purchase, transfer, lease, eminent domain pursuant to chapter 79 of the General Laws or otherwise and may grant by deed, transfer, lease or otherwise any rights-of-way or easements in, over or beneath any parcel or portions thereof any other portions of the former Grafton State Hospital as the commissioner deems necessary and appropriate for the continued use of portions of the former Grafton State Hospital.

(e) (1)  If the town of Grafton does not complete a sale or lease of the property described in subsection (a) in accordance with subsection (b) within 6 years of the recordation of the deed of the property to the town, the property shall revert to the commonwealth upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, following notice of such to the grantee by the division of capital asset management and maintenance and a failure by the grantee to cure the violation to the satisfaction of the division. If any interest reverts to the commonwealth, notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may sell, lease for terms of not more than 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property described in said subsection (a) or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate. In making any such disposition pursuant to this section, the commissioner shall use appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease a property, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process, the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and other information that the commissioner considers relevant.

(2)  Notwithstanding any general or special law to the contrary, the grantee or lessee of all or any portion of the property described in subsection (a) and subject to this subsection shall be responsible for costs and expenses including, but not limited to, costs associated with deed preparation and recording fees related to the conveyances and transfers authorized in this subsection as such costs may be determined by the commissioner.

(3)  The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across any of the parcels described in subsection (a) and subject to this section and across other commonwealth property contiguous to any of the parcels and the commonwealth may accept from the town or developer such rights of way or easements in roadways or across any of the parcels to be conveyed or transferred for access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this subsection.

(4)  No agreement for the sale, lease, transfer or other disposition of the property described in subsection (a) and subject to this subsection, or any portion thereof, and no deed executed by or on behalf of the commonwealth shall be valid unless the agreement or deed contains the following certification, signed by the commissioner:

“I, the undersigned commissioner of capital asset management and maintenance, hereby certify under penalties of perjury that I have fully complied with the relevant provisions of general and special law in connection with the property described in this document.”