Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to grant land and interests in land of the commonwealth located in the city of Lawrence, 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. The commissioner of the division of capital asset management and maintenance shall, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and notwithstanding the provisions of sections 61 to 62H, inclusive, of chapter 30, convey title to and an easement in, a certain parcel of land by deed approved as to form by the attorney general, located in the city of Lawrence to said city, and more particularly described below, specifically to the Lawrence Redevelopment Authority subject to the terms and conditions as said commissioner may prescribe in consultation with the department of environmental management.
Parcel 1. Title in fee simple in a parcel of land shown as Park drive on a plan of land entitled "Definitive Subdivision, Definitive Plan, Lawrence Riverfront Industrial Park, Andover Street, Lawrence, MA." prepared by W. C. Cammett Engineering, Inc., of Amesbury, Massachusetts, dated August 21, 1995, Sheets 7 and 8 of 22, recorded with the Essex county north district registry of deeds on November 30, 1995, Plan #12729, containing 67,628 square feet, more or less, for the purpose of annexation to, sale and development of land now owned by the Lawrence Redevelopment Authority and known as the Lawrence riverfront industrial park.
Parcel 2. Title in fee simple in three parcels of land shown as parcel numbers 29, 31 and 32 on a plan of land entitled "Land Acquisition Plan For Lawrence Redevelopment Authority Riverfront Urban Renewal Project," prepared by Cullinan Engineering Co., Inc., of Auburn and Boston, Massachusetts, dated August 1, 1986, as revised through December 21, 1987, Sheet 5 of 5, recorded with said Registry of Deeds on June 27, 1988, Plan #11170, containing, in the aggregate, 16,210 square feet, more or less, for the purpose of conveyance to the city of Lawrence for laying out a public way.
Parcel 3. Perpetual easement for the purpose of installation, maintenance, repair and replacement of a sewer line on a parcel of land shown as "Proposed 301 Wide Sewer Easement" on a plan of land entitled "Proposed Sewer Easement to be Granted to City of Lawrence in Lawrence, MA" prepared by W. C. Cammett Engineering, Inc., of Amesbury, Massachusetts, dated June 10, 1998, containing 22,144 square feet, more or less, said plan is on file with the city attorney's office for city of Lawrence and to be recorded with the deed of easement hereby authorized.
SECTION 2. The sale price paid by the city of Lawrence for said parcel of land shall be the full and fair market value of the property as determined by independent appraisal for its use as described herein. Said property shall be used for a recreation trail on said land now owned by the commonwealth and under the care and control of the department of environmental management, and the costs of construction of such recreation trail shall be borne by said city of Lawrence. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology used 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 chairmen of the joint committee on state administration. If said commissioner determines that the consideration should be less than at fair market value, said commissioner shall provide a written disclosure in the central register, detailing the reasons for such determination. The consideration for said parcels shall take into account the obligations and restrictions placed on the city required by this section and the benefits of the project to the surrounding communities.
SECTION 3. The city of Lawrence or its designee shall be responsible for any costs of appraisals, surveys, and other expenses relating to the transfer of said parcel, or for any costs, liabilities and expenses of any nature and kind for the development, maintenance or operation of said parcel. In the event said parcel of land ceases to be used at any time for the purposes contained herein, said parcel shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of said parcel of land shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
The commissioner of said division 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 chairmen of the joint committee on state administration at least 15 days prior to execution.
SECTION 4. No deed by or on behalf of the commonwealth conveying the fee interests in Parcels 1 and 2, or the easement in Parcel 3, described in section 1 of this act shall be valid unless such deed provides that said fee interests and easement shall be used for the purposes described in section 2.