HOUSE DOCKET, NO. 4711        FILED ON: 4/20/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4294

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael S. Day

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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 conveyance of certain property in the town of Stoneham.

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PETITION OF:

HOUSE DOCKET, NO. 4711        FILED ON: 4/20/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4294

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act authorizing the conveyance of certain property in the town of Stoneham.

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 the provisions of sections 32 to 38, inclusive, of chapter 7C of the General Laws, or any general or special law to the contrary, and pursuant to such additional terms and conditions as the commissioner of capital asset management and maintenance may prescribe, the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, may dispose by sale through an open and competitive process, in accordance with section 36 of chapter 7C of the General Laws, a parcel of land located on Lynn Fells Parkway in the town of Stoneham and currently under the care, custody, and control of said department.  The parcel subject to this act contains 25,011± square feet and is described in Certificate of Title No. 225345, in the Land Registration Office of the Middlesex South District in Registration Book 1256, Page 195, and shown as Lot 8 on Land Court Plan 34101-C.

SECTION 2.  The conveyance of the parcel shall be subject to a permanent easement, to be under the care, custody, and control of the department, requiring the grantee of the land to make available and maintain at its expense on the parcel 10 parking spaces in an accessible location, to be available for use by the public during the hours the Middlesex Fells Reservation is open, as set by the department, with the  location of the parking spaces to be determined and configured by the grantee, subject to the reasonable approval of the department.  No deed conveying the parcel of land from the commonwealth shall be valid unless such easement is established and registered. 

SECTION 3.   The consideration for the conveyance authorized by section 1 shall be the full and fair market value of the parcel, as burdened by the easement required by section 2, as determined by an independent professional appraisal to be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance  The commissioner will enter into a contract with a qualified appraiser within 180 days of the effective date of this act, subject to availability of funds.   The commissioner shall advertise, under section 36 of chapter 7C of the General Laws a request for proposals within one year of the effective date of this act or within 60 days from the receipt of the appraisal, whichever is later. Notwithstanding any general or special law to the contrary, the grantee of the parcel shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, survey, appraisal, and deed preparation related to the conveyance as such costs may be determined by the commissioner of the division.

The appraisal required by this section shall be subject to the review and approval of the inspector general and such review shall include an examination of the methodology utilized for the appraisal.  Within 60 days after receiving an appraisal, the inspector general shall prepare a report of such review and file the report with the division of capital asset management and maintenance.  After receiving the inspector general’s report and at least 15 days prior to any deed is executed concerning the parcel, the division shall submit the report to the house and senate committees on ways and means and the house and senate committee on bonding, capital expenditures and state assets.

SECTION 4.  The consideration received for the sale of the parcel shall be allocated by the commonwealth with 95 percent deposited in the Conservation Trust, established under section 1 of chapter 132A of the General Laws, with the remaining 5 percent paid over to the town of Stoneham.