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  • Acts
  • 1997
  • Chapter 123 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN PARCELS OF LAND TO THE TAUNTON DEVELOPMENT CORPORATION.

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. The commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections 40E to 40G, inclusive, and section 40J of chapter 7 of the General Laws, to sell and convey by deed three certain parcels of land located in the city of Taunton to the Taunton Development Corporation for municipal industrial development purposes, in accordance with and subject to all terms, conditions, covenants, easements, reservations and restrictions established therefor pursuant to section 3, said land being described in section 7.

The purchase price payable by the Taunton Development Corporation for said parcels shall be the full and fair market value of the property as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital planning and operations based on an independent appraisal. The inspector general shall review and approve said appraisal and said review shall include a review of the methodology utilized for said appraisal. Said inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and the house and senate chairmen of the joint committee on state administration in accordance with section 5. Said Taunton Development Corporation shall pay said purchase price in full at the time of said conveyance and shall pay all costs associated with the transaction, including without limitation, the costs for the survey, the appraisals and the preparation of the deed.

SECTION 2. If the commissioner of capital planning and operations determines to sell the property described in section 7 to the Taunton Development Corporation, said commissioner shall not be required to comply with the provisions of section 40H of chapter 7 of the General Laws; provided, however, that the purchase price and other terms and conditions of such sale comply with section 1 and all other requirements of this act applicable thereto.

SECTION 3. Prior to the sale of property described in section 7, the commissioner of the division of capital planning and operations shall work in consultation with the commissioner of mental retardation to determine what terms and conditions and covenants, easements, reservations and restrictions shall be prescribed as part of any disposition of said property and the validity of any deed or any rental agreement, if any, executed by or on behalf of the commonwealth by said commissioner of the division of capital planning and operations. Such provisions shall include, but not be limited to, proper control of the industrial park traffic and noise and environmental impact on the Dever State School, reservation of easements on said property for water, power, sewer and other utilities and access for said Dever State School, implementation of proper protections for said Dever State School's present water and sewer and other utility systems, the creation of an appropriate physical barrier between the Taunton Industrial Park and said Dever State School to ensure the privacy and safety of employees and residents thereof and to preserve the ambiance of said Dever State School.

SECTION 4. The purchase price paid pursuant to section 1 shall be deposited in the General Fund of the commonwealth.

SECTION 5. The commissioner of the division of capital planning and operations shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of said inspector general, if any, to the house and senate committees on ways and means and the house and senate chairmen of the joint committee on state administration at least 15 days prior to execution.

SECTION 6. From and after any transfer of the property described in section 7 to the Taunton Development Corporation, the use thereof shall be subject to any and all covenants, easements, reservations and restrictions established pursuant to section 3.

SECTION 7. The parcels referred to in section 1 are described as follows:

PARCEL 1.

Beginning at a point, said point being the intersection of the westerly sideline of Fremont Street with the easterly line of land now or formerly of the Taunton Municipal Lighting Plant, formerly being the easterly sideline of the Penn Central Railroad right of way;

Thence N 34º48'28" W, 3710 feet more or less to a point;

Thence N 8º01'32" E, 9.17 feet to a point;

Thence N 34º48'28" W, 216.34 feet to land of the Taunton Development Corporation;

The last three courses being by said easterly line of land now or formerly of the Taunton Municipal Lighting Plant and the westerly line of land now or formerly of the Commonwealth of Massachusetts.

Thence N 31º09'18" E, 1076.65 feet by land of the Taunton Development Corporation to a point;

Thence N 74º24'00" E, 300 feet more or less to a point;

Thence S 28º32'58" E, 1315 feet more or less, to a point 5 Feet westerly of the westerly edge of a roadway surface;

Thence in a general southerly direction, along a line parallel to and 5 feet westerly of the westerly edge of a roadway surface, 335 feet more or less to a point;

Thence S 55º11'32" W, to a point being 800 feet easterly of and perpendicular to the easterly line of said land now or formerly of the Taunton Municipal Lighting Plant and easterly sideline of said former railroad right-of-way;

Thence S 34º48'28" E, along a line being parallel to and 800 feet easterly of the easterly line of said land now or formerly of the Taunton Municipal Lighting Plant and easterly sideline of said former railroad right-of-way, to a point along the westerly sideline of said Fremont Street;

Thence southerly along the westerly sideline of said Fremont Street to its intersection with the easterly line of said land now or formerly of the Taunton Municipal Lighting Plant and easterly sideline of said former railroad right-of-way to the point of beginning.

PARCEL 2.

Beginning at a point, said point being on the easterly side of a 217.9 acre parcel described in section one of chapter three hundred and fifty-one of the acts of nineteen hundred and ninety-three, said point also being S 24º03'45" E, 142.49 feet from the northernmost corner of parcel:

Thence S 47º31'35" E, 51.23 feet to a point;

Thence along a curve, as it deflects to the right, having a radius of 455.00 feet, an arc length of 418.63 feet to a point on the easterly side of said 217.9 acre parcel;

The last two courses being by land now or formerly of the commonwealth of Massachusetts;

Thence N 24º03'45" W, 450.59 feet by said 217.9 acre parcel to the point of beginning.

Parcel 3 is shown as the Sewerage Treatment Plant parcel, Parcel No. 2 on a plan entitled: "Camp Myles Standish Taunton, Mass. Boundary Survey Map, Scale 1" = 400', Sheet No. 1, U.S. Engineer Office, Providence, R.I. dated February 26, 1943, File No. TA-4-153".

All of said boundaries being subject to confirmatory field survey to be performed at a later date.

SECTION 8. In the event that the property described in section 7 is not used for the purposes described in section 1 within three years of the effective date of this act, or if the use for the aforementioned purpose is abandoned at any time or if any other use is undertaken on the property, the property shall revert to the commonwealth upon notice by the commissioner of the division of capital planning and operations.

Approved October 17, 1997.