SENATE DOCKET, NO. 1231        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1456

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephen M. Brewer

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

AN ACT authorizing the sale of land in the town of Templeton.

_______________

PETITION OF:

SENATE DOCKET, NO. 1231        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1456

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

AN ACT authorizing the sale of land in the town of Templeton.

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

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to transfer a parcel of land to the Town of Templeton for a new public school forthwith, 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 general or special law to the contrary, the commissioner of capital asset management and maintenance may convey a certain parcel of state-owned land in the Town of Templeton, to the town of Templeton, for public educational purposes. The parcel is known as the “Crow’s Hill” parcel, is located on the southeast side of Route 202, a/k/a King Phillip Trail, and is also shown as parcels “BK 1600 PG 313” and “BK 1915 PG98” on a plan entitled “Plan of Land in Templeton, MA Worcester Registry Prepared for The Commonwealth of Massachusetts Division of Capital Asset Management & Maintenance on Behalf of the Department of Development Services & The Department of Conservation & Recreation”, dated February 7, 2012, Sheet No. 1 of 6 on file with the division of capital asset management and maintenance. The exact location and boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance in consultation with the department of developmental services and the town of Templeton.   The use of the parcel shall be restricted to use for a public school of the town of Templeton. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.  The parcel, owned by the commonwealth of Massachusetts, was dedicated to forest and open space protection, management and conservation, environmental education, environmental access and public access for passive recreation and enjoyment by chapter 504 of the acts of 2002.  The parcel is currently used for those purposes, primarily public access for passive recreation and conservation wildlife management.  The parcel is to be diverted from its present use to use for a public school of the town of Templeton.

SECTION 2. The consideration for the parcel shall be nominal, as determined by the commissioner of capital asset management and maintenance.

SECTION 3. Notwithstanding any general or special law to the contrary, the town of Templeton shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel and all costs, liabilities and expenses of any nature and kind for its ownership. The town of Templeton shall acquire the property thereon in its present condition.

SECTION 4. The deed or other instrument conveying the parcel to the town of Templeton shall provide that if the parcel ceases at any time to be used for the purposes set forth in this act, title to the parcel shall, at the election of the commonwealth, revert to the commonwealth.

SECTION 5. Notwithstanding any general or special law to the contrary, the commissioner may, subject to appropriation, retain, accept or acquire by purchase, transfer, lease, eminent domain, pursuant to chapter 79 of the General Laws, or otherwise, grant by deed, transfer, lease, eminent domain, pursuant to said chapter 79, or otherwise, or grant by deed, transfer, lease or otherwise, any rights-of-way or easements, in, over and beneath any parcel or portions thereof, any other portions of the Templeton developmental center site, or any other property of the commonwealth, for drainage, access, egress, utilities and other purposes, as the commissioner deems necessary and appropriate to carry out the purposes of this act.