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  • Acts
  • 2000
  • Chapter 240 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN PROPERTY IN THE CITY OF FITCHBURG TO THE CITY OF FITCHBURG.

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 convey a certain parcel of land to the city of Fitchburg, 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 convey to the city of Fitchburg by deed approved as to form by the attorney general certain parcels of land in the city of Fitchburg, more particularly described below, subject to such terms and conditions as the commissioner may prescribe in consultation with the department of environmental management.

The parcels to be conveyed are parcels 10 and 11 as shown on a plan entitled "Plan of Taking Land in City of Fitchburg" dated June 20, 1997, by Whitman and Bingham and recorded in the Worcester north registry of deeds, plan book 396, page 24. Also to be conveyed are parcels 12, 16, 13, 14, 21 and 17, as shown on a plan entitled "Plan of Taking Land in the City of Fitchburg", dated September 3, 1998, by Whitman and Bingham Associates, Inc., said plan being recorded in said registry of deeds, plan book 399, page 14. Said parcels shall be used for the widening of North street in the city of Fitchburg;.

SECTION 2. There shall be an independent appraisal for the use described herein of the fair market value of each parcel conveyed by the commonwealth to the city of Fitchburg. 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 of capital asset management and maintenance for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration. The amount of consideration for each parcel to be conveyed shall be the full and fair market value of each such parcel, as determined by said commissioner in accordance with procedures customarily accepted by the appraising profession. The consideration for said parcels shall take into account the obligations placed on said city of Fitchburg and the benefits to said city, the surrounding communities and to the commonwealth. Said 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. 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 3. The city of Fitchburg shall pay all expenses associated with and any cost of appraisals, surveys, and other expenses related to the transfer of land, and any cost and liabilities and expenses of any kind for its ownership, maintenance or operation.

SECTION 4. In the event that the parcel of land conveyed by section 1 of this act is not used for improvements to North street in the city of Fitchburg, or the conditions or restrictions to said conveyance are not fulfilled, title to all interests in said parcel of land shall revert to the commonwealth.

Approved August 10, 2000.