HOUSE DOCKET, NO. 3472 FILED ON: 1/14/2009
HOUSE . . . . . . . . . . . . . . . No. 3838
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT TO CONVEY, LEASE AND GRANT EASEMENTS WITH RESPECT TO CERTAIN LAND IN THE TOWN OF UXBRIDGE..
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 40F to 40J of Chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of highways, may lease, for the purposes described below, certain parcels of land and any improvements located thereon, upon terms and conditions as the commissioner of asset management and maintenance determines to be in the best interest of the Commonwealth and in no event for a term of longer than fifty (50) years, to K/G Uxbridge, LLC or its designee, may convey a fee interest in a certain parcel of land and any improvements located thereon to K/G Uxbridge, LLC or its designee, and may convey to the Town of Uxbridge certain temporary and permanent easements for utility purposes. All of the real property included in the conveyance authorized by this act is located in the Town of Uxbridge.
The first parcel to be leased, known as the northbound rest area on Route 146, is located on the northbound side of Route 146 and contains approximately 7.59 acres. The second parcel to be leased, known as the southbound rest area on Route 146, is located on the southbound side of Route 146 and contains approximately 11.98 acres. The parcel to be conveyed in fee is located on the eastbound side of Route 16, at the intersection of Route 16 and Route 146 southbound and contains approximately 9.49 acres. The exact boundaries of each of the three parcels and the temporary and permanent easements shall be established prior to such conveyance by a survey approved by the commissioner of asset management and maintenance. The permitted uses under the leases will be such uses as rest areas open to the public for motorists traveling on Route 146, and may include restrooms, restaurants, gasoline service stations and such other uses deemed acceptable to the Massachusetts Highway Department.
SECTION 2.The consideration for the parcel to be conveyed in fee shall be the full and fair market value of such parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal. The rental for the leases shall be the full and fair market rental value of the parcels to be leased as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal
SECTION 3.Contemporaneously with the conveyance authorized by this act Uxbridge Woods Realty Trust shall convey to Massachusetts Highway Department a certain parcel of land located on Pond Street in Uxbridge, which is shown on the Town of Uxbridge Assessor's Map 28 as lot 3163. The grantee of the fee parcel and the lessee of the leasehold parcels shall be entitled to credits against the consideration for the conveyance and the rental under the leases in an aggregate amount equal to the full and fair market value of the parcel to be conveyed by Uxbridge Woods Realty Trust to Massachusetts Highway Department, as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal. The grantee of the fee parcel and the lessee of the leasehold parcels shall be entitled to credits against the consideration for the conveyance and the rental under the leases in an aggregate amount equal to the full and fair market value of any construction provided by K/G Uxbridge, LLC of facilities for use by the Massachusetts Highway Department as determined by the commissioner of capital asset management and maintenance. Any construction provided by K/G Uxbridge, LLC shall not be subject to the provisions of Chapter 149 of the General Laws, or any other public construction procurement law, provided that K/G Uxbridge, LLC shall pay "prevailing wage" in accordance with Sections 26 and 27 of Chapter 149 of the General Laws in connection with any such construction.
The inspector general shall review and approve the appraisals contemplated by Sections 1 and 2 above. The inspector general shall prepare a report of his review and file the report with the commissioner of asset management and maintenance for submission to the house and senate committees on way and means and the chairmen of the joint committee on state administration in accordance with this act. The commissioner shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereto, submit the agreement or amendment and report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days if receipt of any such agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereto, the reports and the comments of the inspector general to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to execution.
SECTION 4.The grantee of the fee parcel and the lessee of the leasehold parcels shall pay for all costs of the appraisals, survey, deed preparation and lease preparation for the conveyance authorized by this act as may be deemed necessary by the commissioner of asset management and maintenance.