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  • Acts
  • 1998
  • Chapter 131 AN ACT RELATIVE TO THE CONVEYANCE OF A CERTAIN PARCEL OF LAND IN THE CITY OF LOWELL.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of a parcel of land to the city of Lowell, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. Chapter 251 of the acts of 1994 is hereby repealed.

SECTION 2. The commissioner of the division of capital planning and operations, acting for and on behalf of the commonwealth, in consultation with the department of environmental management, is hereby authorized, notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to convey in fee simple to the city of Lowell certain park land together with the building and improvements thereon located in said city, for any and all activities which benefit the general public, subject to the requirements of sections 3 to 6, inclusive, and such additional terms as said commissioner may prescribe in consultation with said department of environmental management.

Said parcel is shown as Parcel 1 on a plan entitled "Plan of Property Owned by Manzi Sales & Service, Inc., The Commonwealth of Massachusetts, Broadway Street, Lowell, Massachusetts", dated November 27, 1979, by Cullinan Engineering Co., Inc., and recorded at Middlesex north registry of deeds at Plan Book 133, Page 86.

SECTION 3. Said conveyance shall be subject to such conditions and restrictions as may be deemed necessary or appropriate by the commissioner of the division of capital planning and operations, in consultation with the department of environmental management, and shall provide for compensation from the city of Lowell for the full and fair market value of the property as determined by an independent appraisal, for its use as described herein. Said city of Lowell may provide said compensation with the approval of said commissioner, in consultation with said department of environmental management, in the form of land or interest in lands of greater or equal value as determined by an independent appraisal, or a combination of land and funds, provided that said funds, if any, shall be deposited in the Second Century Fund established under the provisions of section 2EE of chapter 29 of the General Laws. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. Said inspector general shall prepare a report of his review and file such report with said 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 7.

SECTION 4. The use of the parcel described in section 2, by the city, its successors and assigns, shall not interfere with the commonwealth's use and operation of the adjacent properties as a state park.

Any improvements made on the above described parcel shall be in conformance with the standards of the national park service and the Lowell historic board or their successors and assigns. In the event that exterior restorations have not been substantially completed within three years of the conveyance authorized herein, all interest conveyed in such parcel shall, upon notice by the commissioner of the division of capital planning and operations, revert to the commonwealth and shall be under the care and control of the department of environmental management.

SECTION 5. In the event that the parcel conveyed pursuant to this act is not used for, or ceases to be used solely, to benefit the public, all interest conveyed in such parcel shall, upon notice by the commissioner of the division of capital planning and operations, revert to the commonwealth and shall be under the care and control of the department of environmental management.

SECTION 6. The city of Lowell shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the property authorized in sections 2 and 3, or for any costs and expenses of any nature and kind for its development or for its maintenance.

SECTION 7. The commissioner of the division of capital planning and operations shall, within 45 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit such agreement or amendment and a report thereon to the inspector general for his review and comment. Said inspector general shall issue his review and comments within 15 days of receipt of any such 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.

Approved May 28, 1998.