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  • Acts
  • 2002
  • Chapter 190 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND LOCATED IN THE TOWNS OF BECKET AND OTIS IN EXCHANGE FOR CERTAIN OTHER LAND LOCATED IN THE TOWN OF OTIS.

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, acting for and on behalf of, the department of environmental management, may, notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey in fee simple to Edwin C. Williams, certain park land located in the towns of Becket and Otis, subject to the requirements of sections 2 to 4, inclusive, and to such additional terms and conditions as the commissioner may prescribe in consultation with the department of environmental management. The parcels are shown as parcels 1 and 2 on a plan entitled, "Land in Becket & Otis (Berkshire Co.), MA Surveyed for the Commonwealth of Massachusetts Department of Environmental Management", dated April 30, 1996, by Ainsworth Associates, Inc. The plan may be revised by or on behalf of the commissioner.

SECTION 2. The conveyance shall be subject to such conditions and restrictions as may be deemed appropriate by the commissioner of the department of environmental management, which may include a restriction on commercial activity. No deed conveying by or on behalf of the commonwealth the property described in section 1 shall be valid unless the deed provides that in the event the parcels conveyed are not used for or cease to be used solely for the purposes deemed appropriate by the commissioner of environmental management, the parcels shall revert to the commonwealth under the care and control of the department of environmental management.

SECTION 3. In consideration for the conveyance, Williams Stone Co, Inc. shall convey, in fee simple, parcel 3 on a plan entitled "Land in Becket & Otis (Berkshire Co.), MA Surveyed for the Commonwealth of Massachusetts Department of Environmental Management", dated April 30, 1996, by Ainsworth Associates, Inc., and Mr. Edwin C. Williams shall convey parcel 4 on the plan, in fee simple, to the commonwealth, through the department of environmental management, in consultation with the division of capital asset management and maintenance for conservation purposes. Parcels 3 and 4 shall be of equal or greater value than parcels 1 and 2, described in section 1, as determined by the commissioner of the division based on an independent appraisal prepared for the commissioner.

SECTION 4. The recipient of parcels 1 and 2 shall assume the costs of appraisals, surveys, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance for the disposition of parcels 1 and 2.

Approved August 1, 2002.