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  • Acts
  • 2000
  • Chapter 268 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND TO THE TOWN OF NEW BRAINTREE IN THE TOWN OF NEW BRAINTREE.

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 may notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, sell and convey by deed a parcel of state-owned land located in the town of New Braintree to the town of New Braintree, subject to this act.

The parcel, containing 12.60 acres, more or less, is shown on a plan entitled "Preliminary Plan of Land in New Braintree, MA, Owned by: Commonwealth of Massachusetts Division of Capital Asset Management Being Conveyed to the Town of New Braintree" dated March 10, 1998, prepared by Donald A. Para, Land Surveying Inc., on file in the office of the division of capital asset management and maintenance in this act referred to as the "parcel". The exact boundaries of the parcel shall be determined by the commissioner after completion of a survey.

SECTION 2. The consideration to be paid by the town of New Braintree for the parcel described in section 1 shall be the full and fair market value of the interests as determined by the commissioner as determined by an independent appraisal. Said inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. Said 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 house and senate chairmen of the joint committee on state administration.

SECTION 3. No deed conveying the parcel to the town of New Braintree on behalf of the commonwealth shall be valid unless the deed provides that the parcel shall be used only for a public safety complex to be constructed by the town. The deed shall further provide that title to the parcel shall revert to the commonwealth in the event that the parcel ceases to be used solely for said purpose. Said deed shall reserve to the commonwealth perpetual easements for the installation, operation, maintenance, repair and replacement of any utilities located on the parcel and benefiting the commonwealth's state police training academy located on West Brookfield road in the town.

SECTION 4. The commissioner of the division of capital asset management and maintenance may sell water to the town of New Braintree for the purpose of providing drinking water and fire protection to the public safety complex subject to the following conditions: (a) said commissioner shall have determined that such sale shall not adversely affect the commonwealth state police training academy, (b) said town shall pay the commonwealth fair market value for water used by the public safety complex, as such fair market value may be established from time to time by said commissioner, (c) said town shall be responsible for all water quality testing and (d) said town shall hold harmless the commonwealth of any and all liability in this regard and will fund any and all construction costs, costs for water quality testing, metering and associated costs of such provision of water to the public safety complex.

SECTION 5. The town of New Braintree shall be responsible for the costs of any appraisals, surveys, including, without limitation, the costs of preparing a recordable plan and the costs of recording the plan with the appropriate registry of deeds or filing the plan with the appropriate registry district of the land court, and other expenses relating to the transfer of the parcel deemed necessary by the commissioner for the conveyance of the parcel to said town.

Approved September 14, 2000.