Chapter 156 of the acts of 2005 is hereby amended by striking out sections 1 through 3, and inserting in place thereof the following sections:-
“SECTION 1. The commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding sections 32 through 37 of chapter 7C of the General Laws, convey by deed 2 parcels of land off of Maple Avenue in the town of Upton, presently under the care, custody and control of the department, to the Upton Development Group, Ltd., or its nominee. The parcels are shown on a plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue, 9 Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by 10 Geo/Network Land Survey, Inc. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department.
SECTION 2. In consideration of the conveyance provided for in section 1, the division of capital asset management and maintenance shall receive from the recipient, conveyance of 2 parcels of land to be placed under the care, custody and control of the department of conservation and recreation, to be used for conservation purposes. The parcels are shown on a plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue, 17 Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by 18 Geo/Network Land Survey, Inc. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department and recipient.
SECTION 3. If the land described in section 2 is determined to be unacceptable to the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, due to environmental contamination, Upton Development Group, Ltd. or its nominee shall convey to the division alternative suitable replacement land, with an equal or greater acreage and natural resource value as the land described in section 2, which is acceptable to the division, in consultation with the department, and which shall be placed under the care, custody and control of the department to be used for conservation purposes.
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