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  • Acts
  • 2002
  • Chapter 267 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE TOWN OF WELLESLEY.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain land in the town of Wellesley, 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 capital asset management and maintenance, in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority, may convey, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, by deed approved as to form by the attorney general, a certain parcel of land comprising approximately 5.59 acres, presently a portion of the former Lake Cochituate Aqueduct located in the town of Wellesley no longer needed for the purpose of supplying clean water to the residents of said town, to the town of Wellesley for general municipal purposes, including, but not limited to, the same, for municipal light plan utilities, drainage, highway, recreation or storm drain purposes.

The parcel to be conveyed to the town of Wellesley, now held by the commonwealth under the care and control of said metropolitan district commission as successor to the metropolitan water board, is a portion of land shown on sheet 2 of a plan entitled "Commonwealth of Massachusetts Metropolitan Water Works, Lake Cochituate, Land Plans" prepared by Desmond Fitzgerald, Engineer, dated December 31, 1897, and recorded with the Norfolk registry of deeds in Plan Book 20 Plan 923G, and comprises all right, title and interest held by the commonwealth in and to that portion of the Lake Cochituate Aqueduct and lands through which it runs beginning at the Wellesley-Natick corporate boundary, being also the Norfolk-Middlesex county line, and running generally southeasterly crossing Worcester turnpike, United States highway Route 9, and ending at station 157+75, approximately 25 feet south of Dedham's Brook Waste Weir, all within the town of Wellesley. The exact boundaries of the land conveyed shall be established by the commissioner, in consultation with the metropolitan district commission and the Massachusetts Water Resources Authority, based upon a survey to be performed before such conveyance. Said town shall maintain the Dedham Waste Weir to provide for the discharge of water from said Lake Cochituate through said Cochituate Aqueduct into the Charles river at such times as the department of public health may specify in order to maintain a steady flow in said Charles river to comply with discharges as required under the provisions of section 1 of chapter 603 of the acts of 1950.

The title in the land of the commonwealth derives from an instrument of taking by the Metropolitan water board, dated January 1, 1898, and recorded with the Norfolk county registry of deeds in Book 805, Page 121. The conveyance of land authorized by this act shall not include that portion of land conveyed to Donna W. and Laurence B. Francis under the authority of chapter 117 of the acts of 1994 by deed recorded in said Norfolk registry in Book 11243, page 57.

SECTION 2. There shall be an independent appraisal of the parcel to be conveyed by this act as described in section 1 to determine the fair market value of said parcel. The consideration for said parcel shall be the full and fair market value thereof based upon 1 or more professional appraisals commissioned by said division.

The commissioner of capital asset management and maintenance shall, before the execution of the conveyance authorized by this act, submit said appraisal and a report thereon to said inspector general for his review and comment. Said inspector general shall review and approve said appraisal, and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission by said commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. Said commissioner shall submit copies of said appraisal, his report and the inspector general's review and approval, and comments, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration prior to the execution of said conveyance.

All money paid to the commonwealth by the Town of Wellesley as a result of the conveyance authorized by this act shall be deposited in the general fund of said commonwealth.

SECTION 3. The town of Wellesley shall assume all costs associated with any engineering, surveys, appraisal, deed preparation and other expenses deemed necessary by the commissioner to execute the conveyance authorized by this act.

SECTION 4. In the event that the parcel conveyed by this act ceases to be used by the town of Wellesley for the purposes described in section 1 at any time, then upon notice by the commissioner said parcel shall revert to the commonwealth upon such terms and conditions as said commissioner may determine. Should the parcel revert to the commonwealth any further disposition of said parcel shall be subject to the provisions of sections 40E through 40J, inclusive, of chapter 7 of the General Laws, and the prior approval of the general court.

Approved August 10, 2002.