HOUSE  .  .  .  .  .  .  .  .  No. 5032

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, July 18, 2022.

The committee on State Administration and Regulatory Oversight to whom was referred the joint petition (accompanied by bill, House, No. 4959) of Sally P. Kerans and Joan B. Lovely that the commissioner of Capital Asset Management and Maintenance be authorized to convey a certain parcel of land located within the town of Danvers to said town, reports recommending that the accompanying bill (House, No. 5032) ought to pass.

For the committee,

ANTONIO F. D. CABRAL.

        FILED ON: 7/15/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5032

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the division of capital asset management and maintenance to convey a certain parcel of land to the town of Danvers.

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 land located within the town of Danvers, described in a deed recorded in the Essex north registry of deeds in Plan Book 330, Plan 64, which is known as and numbered 99 Middleton road, to the town of Danvers, which the department refers to as “the state hospital power plant site” and is currently designated by the department as surplus land ; provided, however that the use of the parcel shall be restricted to general municipal purposes. The parcel comprises three deeds: (1) Book 896, Page 204-207; (2) Book 1624, Page 415-416; and (3) Book 2355, Page 544. The final boundaries of the parcel may be determined by the commissioner of capital asset management and maintenance. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. The consideration for the conveyance of the parcel pursuant to this section shall be the fair market value of the parcel as determined by the commissioner of capital asset management and maintenance based upon an independent appraisal of the fair market value and value in use of the parcel 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. Consideration shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management. The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for his or her review and comment. The inspector general shall review and approve the appraisal, and the review examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his or her review and file the report with the commissioner of capital asset management and maintenance for submission by said commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. Said commissioner shall submit copies of the appraisal, and the inspector general’s review and approval and comments, if any, 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 transfers described in section 1.

SECTION 2. Notwithstanding any general or special law to the contrary, the town of Danvers shall be responsible for all costs and expenses of any transaction authorized by section 1 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. The town of Danvers shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to the town of Danvers, the town of Danvers shall be responsible for all costs, liabilities and expenses for its ownership.