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  • Acts
  • 2000
  • Chapter 181 AN ACT AUTHORIZING THE CONVEYANCE TO THE TOWN OF BILLERICA OF A CERTAIN PARCEL OF LAND TO BE USED FOR CONSTRUCTION OF A WATER TREATMENT PLANT.

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, notwithstanding the provisions of section 40H of chapter 7 of the General Laws, may convey for consideration to the townof Billerica, a certain parcel of land to be used for the construction of a water treatment plant, the parcel being situated in the town of Billerica and currently under the care and control of the Middlesex sheriff's department. The parcel of land located on the easterly side of state highway route 3 north in the town is shown as parcel 111 on the town assessor's Map 59.

In consideration of the conveyance, the town shall convey to the commonwealth, to be placed under the care and control of the Middlesex sheriff's office, a portion of a certain parcel of land located on the east side of Treble Cove road, the portion beginning at the northwest corner, at a point on the sideline of Treble Cove road, said point located 170.16' south from a point of curvature, at land of the town of Billerica, running

S74<= 42' 44" E, two hundred fifty feet, along land of the town of Billerica to a point,

Thence S15<= 17' 16" W, seventy-nine and twenty-one one hundredths feet, along land of the town of Billerica to a point,

Thence S24<= 4' 28' W, one hundred seventy-eight and fifty-eight one hundredths feet, along land of the town of Billerica to a point,

Thence R=1046.14', L=370.51', along a curve to the right along land of the town of Billerica to a point,

Thence S 44<= 22' 1" W, one hundred fifteen and twenty-six one hundredths feet, along land of the town of Billerica to a point,

Thence R=179.47', L=58.70', along a curve to the left along land of the town of Billerica to a point,

Thence R=1381.08', L=215.33', along a curve to the left, along land of the town of Billerica to a point,

Thence N 73<= 18' 29" W, two hundred fifty feet, along land of the town of Billerica to a point on the east side of Treble Cove Road,

Thence R=1631.08', L=254.31', along a curve to the right along Treble Cove Road to a point,

Thence R=429.47', L=140.48', along a curve to the right along Treble Cove Road to a point,

Thence N 44<= 22' 1", one hundred fifteen and twenty-six one hundredths feet, along Treble Cove Road to a point,

Thence R=796.14', L=281.97', along a curve to the left along Treble Cove Road to a point,

Thence N 24<= 4' 28" E, one hundred fifty-nine and thirty-seven one hundredths feet, along Treble Cove Road to point,

Thence N 15<= 17' 16"E, sixty feet, along Treble Cove Road to a point at land of the town of Billerica, said point being the point of beginning.

The portion consists of 253,623 square feet or 5.82 acres of land area and is shown on "Lease Plan of Land in Billerica, Massachusetts, dated December 29, 1998, prepared by Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts".

SECTION 2. There shall be an independent appraisal for the use described herein of the fair market value of the property conveyed by the commonwealth to the town of Billerica and of the parcels of land conveyed to the commonwealth to be placed under the care and control of the Middlesex sheriff's office. The inspector general shall review and approve the appraisals and the review shall include a review of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file the 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 in accordance with this act. If the consideration offered by the town of Billerica is less than the value of the property to be conveyed by the commonwealth, then the town of Billerica shall pay the amount of the difference between the two values to the commonwealth, but if the commissioner determines that the consideration for any of the above referenced parcels of land should be less than at fair market value, the commissioner shall provide a written disclosure in the central register, detailing the reasons for such determination. The consideration for the parcels of land shall take into account the obligations placed on the town and the sheriff's office required by this section and the benefits of the projects to the town, to the surrounding communities, to the commonwealth and to the sheriff's office. The commissioner 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. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the 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.

The plan for the construction of the water treatment plant shall be subject to the approval of the department of environmental protection.

The town of Billerica shall pay all expenses associated with and any cost of appraisals, surveys and other expenses relating to the transfer of land, and any cost and liabilities and expenses of any nature and kind for its ownership, maintenance or operation.

SECTION 3. In the event the parcel of land conveyed by section 1 to the town of Billerica is not used for the construction of a water treatment plant or the conditions and restrictions to the conveyance are not fulfilled, title in all interests in the parcel of land shall revert to the commonwealth. In the event the parcel of land conveyed by section 1 to the commonwealth and placed under the care and control of the Middlesex sheriff's office is not used under the terms agreed to upon the execution of this act, title in all interests in the parcel of land shall revert to the town.

Approved August 6, 2000.