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  • Acts
  • 1997
  • Chapter 184 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF NATICK.

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 capital planning and operations is hereby authorized, notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to sell and convey by deed a parcel of state-owned land located in the town of Natick, formerly under the care and control of the Massachusetts Water Resources Authority and the metropolitan district commission, to Joseph Campanelli, Nicholas Campanelli, Alfred Campanelli and Robert DeMarco, as Trustees of Campanelli Framingham Trust under declaration of trust dated July 1, 1985, and recorded in the Middlesex South Registry of Deeds for the southern district of Middlesex County in Book 17006, Page 546, subject to the requirements of this act.

Said parcel is shown on a plan entitled "Plan of Land in Natick, Massachusetts, Owned by: The Commonwealth of Massachusetts, Dated: October 14, 1997, Prepared by: Bradford Saivetz + Associates, Inc., Zero Campanelli Drive, Braintree, Massachusetts 02184".

SECTION 2. Within 180 days after acquiring said parcel, the grantees shall demolish all existing structures on said parcel and during the first spring after acquisition, shall loam and seed said parcel, in accordance with all applicable laws and regulations and in order to restore the parcel to its good and natural condition. The sale price paid by the grantees for said parcel shall be the full and fair market value of the property determined by the commissioner based on an independent appraisal, taking into account the restrictions on its use as described in section 3 and its assemblage value to the grantees named in section 1 for additional development on grantees' adjacent property. The reasonable cost incurred by the grantees to demolish existing structures and to loam and seed said parcel, as evidenced by a contract for such work to be executed simultaneously with the transfer of the parcel, shall be deducted from such purchase price. The grantees shall obtain at least three cost proposals for the demolition, loaming and seeding and shall submit the lowest cost proposals to the commissioner as the proposed contract price. The inspector general shall review and approve such appraisal and such review shall include an examination of the methodology utilized for such appraisal. Within 30 days after receipt of such appraisal, the inspector general shall prepare a report of his review and file such report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. One-half of the proceeds of the sale shall be deposited in The Conservation Trust sponsored by the department of environmental management to be designated for and applied to Lake Cochituate projects only and the other half of the proceeds of said sale shall be deposited in the Metropolitan Parks Trust Fund created pursuant to section 34 of chapter 92 of the General Laws.

SECTION 3. No deed conveying to the grantees on behalf of the commonwealth the parcel described in section 1 shall be valid unless such deed provides that said parcel shall be used only as open space with public access thereto and no structures shall be erected thereon, except as provided herein. Such deed shall permit the construction by or on behalf of the commonwealth thereon of parking and related facilities and access, egress, utilities and drainage facilities for the Lake Cochituate recreational area in the easement area shown on the above-referenced plan, including without limitation, a pedestrian bridge, tunnel or other means of access from the easement area to the Lake Cochituate recreational area and shall reserve to the commonwealth a perpetual easement for the installation, operation, maintenance, repair and replacement of such parking and other facilities in the easement area shown on the above-referenced plan. Such deed shall further provide that title to said parcel shall revert to the commonwealth following 90 days' prior written notice to the owner of record and opportunity for a hearing before the commissioner of the division of capital planning and operations or any successor thereto, in the event that said parcel ceases to be used solely for the purposes described herein due to the acts of the grantees or their successors in interest or of anyone other than the commonwealth, the town of Natick or their respective successors in interest. The commonwealth's responsibility and liability for the easement area shall be limited to the extent of the commonwealth's use.

SECTION 4. The grantees of said parcel shall be responsible for the costs of any appraisals, surveys and other expenses relating to the transfer of said parcel deemed necessary by the commissioner for the conveyance of said parcel.

SECTION 5. This act shall take effect upon its passage.

Approved November 26, 1997.