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  • Acts
  • 1997
  • Chapter 209 AN ACT AUTHORIZING THE COUNTY COMMISSIONERS OF NORFOLK COUNTY TO CONVEY CERTAIN LAND.

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 the provisions of chapter 30B of the General Laws or any other general or special law to the contrary, the county commissioners of Norfolk county are hereby authorized to convey, without consideration, a certain parcel of conservation land to the town of Braintree.

Said parcel is shown as Parcel 1 on a certain plan entitled "Plan of Land in Braintree, Mass., August 26, 1976, Alvah D. Downs, County Engineer" which plan is recorded with Norfolk registry of deeds as Plan 1187 of 1978 (the "1978 Plan").

SECTION 2. Notwithstanding the provisions of chapter 30B of the General Laws or any other general or special law to the contrary, the county commissioners of Norfolk county are hereby authorized to sell and convey, as one parcel, two parcels of land on the following terms and conditions: (i) said parcels shall be offered for sale to said town only upon a determination made by said county commissioners of said Norfolk county that both of said parcels are surplus and are available for sale; (ii) both of said parcels shall be offered at an aggregate purchase price of $500,000; (iii) such offer shall be made to the town of Braintree in writing addressed to the selectmen of the town and shall be made not earlier than one year following the effective date of this act; (iv) the town of Braintree, acting through its selectmen, shall have 45 days from the date of receipt of such offer to notify the county commissioner of Norfolk county that the town has elected to purchase both, but only both, of said parcels at the price stated in the offer; and (v) the conveyance of the right, title and interest of said Norfolk county in said parcels shall be conveyed and the purchase price paid therefor not later than 120 days following the date of receipt of the offer described in this section. All of the rights of the town of Braintree under this section shall expire in the event either: (a) Norfolk county makes an offer to sell said parcels and the town of Braintree failed to elect to purchase the same within 45 days from the date of receipt of said offer; or (b) resulting from a delay caused by said county commissioners of said Norfolk county, the sale of said parcels fails to occur within the time period established by this section; provided, however, that in either such event, Norfolk county shall thereafter have no further obligation to offer to sell or to sell said parcels to the town of Braintree.

One parcel is shown on a plan entitled "Plan of Land in Braintree, Mass. Owner: County of Norfolk, dated October 2, 1997", prepared by County of Norfolk Engineering Dept., 649 High Street, Dedham, Mass. 02026 (the "Plan") as County of Norfolk Land Court Cert. No. 21516, Book 108, Page 116.

The second parcel is shown as Lot B on Land Court Plan No. 11151C filed in the Norfolk registry district with certificate of Title No. 16219, Vol. 82.

SECTION 3. Notwithstanding the provisions of chapter 30B of the General Laws or any other general or special law to the contrary, the county commissioners of Norfolk county are hereby authorized to sell and convey a certain parcel of land to the town of Braintree on the following terms and conditions: (i) said parcel shall be offered for sale to said town only upon a determination made by and at the sole discretion of said county commissioners of said Norfolk county that said parcel is surplus and is available for sale; (ii) said parcel shall be offered at a purchase price of $1,842,000; (iii) said offer shall be made to the town of Braintree in writing addressed to the selectmen of the town and shall be provided not earlier than one year following the effective date of this act; (iv) said town of Braintree, acting through its selectmen, shall have 45 days from the date of receipt of such offer to notify the county commissioners of Norfolk county that the town will purchase said parcel at the price stated in the offer; and (v) the conveyance of the right, title and interest of said Norfolk county in said parcel shall be conveyed and the purchase price paid therefor not later than 120 days following the date of receipt of the offer described in this section. All of the rights of said town of Braintree under this section shall expire in the event either: (a) Norfolk county makes an offer to sell said parcel and the town of Braintree fails to elect to purchase the same within 45 days from the date of receipt of such offer; or (b) unless resulting from a delay caused by said county commissioners of said Norfolk county, the sale of said parcel fails to occur within the time period established by this section; provided, however, that in either such event, Norfolk county shall thereafter have no further obligation to offer to sell or to sell said parcel to said town of Braintree.

Said parcel is shown as Lot C on Land Court Plan No. 11151C filed in the Norfolk registry of deeds with certificate of title 16219, Vol. 82.

SECTION 4. The county commissioners of Norfolk County and the board of selectmen of the town of Braintree shall, from time to time, grant easements running with the land for underground utilities and for drainage for the benefit of land owned by each of them upon reasonable request; provided, that such easements do not adversely interfere with the granting party's use and enjoyment of the property burdened thereby; and provided further, that any easement agreement shall contain customary terms addressing the installation, maintenance and responsibility for improvements in such easements.

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

Approved November 28, 1997.