Budget Amendment ID: FY2013-S4-19

OTH 19

Parcels of Land in Shrewsbury

Mr. Michael O. Moore moved that the proposed new text be amended by inserting after section 104 the following section:-

“SECTION 104A.  Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, on behalf of and in consultation with the secretary of health and human services and the commissioner of mental health, may convey  to the town of Shrewsbury 2 portions of a parcel of land located on Lake street and adjacent to the Irving A. Glavin Regional Center. The parcel was conveyed to the commonwealth by deed dated April 30, 1890 and recorded in the Worcester district registry of deeds in book 1324, page 244.  The portions to be conveyed are shown as “Rural AA” on a draft plan entitled “Glavin Rezoning Proposal” dated January 12, 2011 and prepared by the town of Shrewsbury engineering department. The division shall convey the first portion, located on the westerly side of Lake street containing approximately 15 acres and currently leased to the town of Shrewsbury and used for soccer playing fields. The town shall designate that portion of the parcel for recreational use. The division shall convey the second portion, currently designated as agricultural land, located on the easterly side of Lake street and containing approximately 54 acres to the town of Shrewsbury to be designated for municipal use. The portions of the parcel are more particularly shown on a plan entitled “Lake St.-Glavin Center Proposed Zoning Districts” dated February 28, 2011 prepared by the town engineering department. The exact size and boundaries of the land to be conveyed shall be determined by the commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services, the commissioner of mental health and the town of Shrewsbury, after completion of a survey. The conveyances shall be by deed without warranties or representations by the commonwealth.

(b) The consideration for each of the conveyances authorized in subsection (a) shall be $1; provided, however, that the town of Shrewsbury and its successors and assigns shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys and deed preparation.

(c) A deed executed pursuant to this section and any agreements entered into pertaining to the transfers shall, with respect to the first portion of the parcel, include a provision restricting the use of the property by the grantee and the grantee’s tenants, licensees, successors and assigns to recreational use and, with respect to the second portion of the parcel, include a provision restricting the use of the property by the grantee and the grantee’s tenants, licensees, successors and assigns to municipal use as each such use shall be determined by the commissioner of capital asset management and maintenance.  The deed and any other agreements shall further provide that if either portion of the partial shall be used for any other purpose, that portion, after notice and an opportunity to cure, shall revert to the commonwealth.”