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  • Acts
  • 2002
  • Chapter 395 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND TO THE TAUNTON DEVELOPMENT CORPORATION.

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, subject to sections 40E to 40G, inclusive, and section 40J of chapter 7 of the General Laws, shall sell and convey by deed a certain parcel of land located in the city of Taunton to the Taunton Development Corporation for municipal industrial development purposes, in accordance with and subject to all terms, conditions, covenants, easements, reservations and restrictions established in this act, the land being described in section 7.

The purchase price payable by the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental clean up costs as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal. The inspector general shall review and approve the appraisal and the review shall include a review of the methodology utilized for the 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 house and senate chairmen of the joint committee on state administration in accordance with section 5. The Taunton Development Corporation shall pay the purchase price in full at the time of the conveyance and shall pay all costs associated with the transaction, including without limitation, the costs for the survey, the appraisals and the preparation of the deed.

SECTION 2. If the commissioner of capital asset management and maintenance determines to sell the property described in section 7 to the Taunton Development Corporation, the commissioner shall not be required to comply with section 40H of chapter 7 of the General Laws, but the purchase price and other terms and conditions of the sale shall comply with section 1 and all other applicable requirements of this act.

SECTION 3. Before the sale of property described in section 1, the commissioner of capital asset management and maintenance shall consult with the commissioner of mental retardation to determine what terms and conditions and covenants, easements, reservations and restrictions shall be prescribed as part of any disposition of said property and the validity of any deed or any rental agreement, if any, executed by or on behalf of the commonwealth by the commissioner of capital asset management and maintenance. The provisions shall include, but not be limited to, proper control of the industrial park traffic and noise and environmental impact on the remaining residential group homes of the department of mental retardation, reservation of easements on said property for water, power, sewer and other utilities and access for the residential group homes, implementation of proper protections for the homes present water and sewer and other utility systems, the creation of an appropriate physical barrier between the Taunton Industrial Park and the residential group homes to ensure the privacy and safety of employees and residents thereof.

SECTION 4. The purchase price paid pursuant to section 1 shall be deposited in the General Fund of the commonwealth.

SECTION 5. The commissioner of capital asset management and maintenance, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, shall 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 house and senate chairmen of the joint committee on state administration at least 15 days before execution of the agreement.

SECTION 6. After any transfer of the property described in section 7 to the Taunton Development Corporation, the use of the property shall be subject to the covenants, easements, reservations and restrictions established in this act.

SECTION 7. The parcels referred to in section 1 are substantially as shown on the plan entitled "Constitution Drive & Fremont Street, Taunton, MA (Bristol County) prepared for Taunton Development Corporation, Division of Property" prepared by Tibbetts Engineering Corp., which plan is on file in the offices of the department of mental retardation, as the same may be modified by the commissioner of capital asset management and maintenance in consultation with the commissioner of mental retardation.

SECTION 8. Within the parcel described in section 7 there is a certain parcel of land situated on the east side of Constitution drive in the city of Taunton, the county of Bristol and the commonwealth, being more particularly bounded and described as follows:

Beginning at a point, said point being N 28 degrees 42' 25" E, a distance of 317.96 feet from the northeasterly corner of a non-buildable 1.03 acre lot shown on a plan by Tibbetts Engineering Corp. entitled "Subdivision Plan of Land in Taunton, MA for Taunton Development Corp." scale 1"=200' dated July 12, 2000.

Thence S 88 degrees -47'-43" E, 395.84 feet to a point;

Thence S 22 degrees -14'-47" E, 1,362.15 feet to a point;

Thence S 67 degrees -45'-13" E, 313.14 feet to a point;

Thence along a curve to the right having a radius of 50.00 feet and a arc length of 78.54 feet with a delta of 90 degrees 00'00" to a point;

Thence N 22 degrees -14'-47" W, 1,469.68 feet to the point of beginning.

Containing 522,720 s.f. (12.000 acres) and being shown on a plan entitled, "Easement Plan of Land, Paul A. Dever State School Property, Taunton, MA" prepared for Taunton Development Corporation, dated 04-10-2000, scale 1" = 100'.

This parcel shall be maintained in substantially its present condition but may be used by the public for passive recreational purposes.

SECTION 9. Within the parcel described in section 7 there is a certain parcel identified as recreational area "A". A certain parcel of land situated on the east side of Constitution drive in the city of Taunton, the county of Bristol and the commonwealth of Massachusetts, being more particularly bounded and described as follows:

Beginning at a point, said point being S 79 degrees 54'03" E, a distance of 256.08 feet from the easterly terminus of the northerly sideline of Independence Drive;

Thence N 31-09'-18" E, 1,392.05 feet to a point;

Thence S 58-50'-42" E, 788.51 feet to a point;

Thence S 31-09'-18" W, 1,392.05 feet to a point;

Thence N 58-50'-42" W, 788.51 feet to the point of beginning.

Containing 1,907,642 s.f. (25.20 acres) and being shown on a plan entitled, "Plan of Land, Paul A. Dever State School Property, Taunton, MA" prepared for Taunton Development Corporation, dated 07-10-2000, scale 1" = 100" by Tibbetts Engineering Corp.

This parcel shall be maintained as a recreational area unless and until the Taunton Development Corporation provides to the city of Taunton 25.20 acres or more of contiguous, comparable land within North Taunton, to be approved by a vote of the city council and mayor.

SECTION 10. If, at any time, the parcels described in sections 7, 8 or 9 are not used in conformity with this act or with for any use other than the uses set forth in this act or with any of the terms or restrictions placed on the property pursuant to section 3, then, upon the recording of notice in the Bristol registry of deeds, title to the parcels shall revert to the commonwealth.

SECTION 11. Notwithstanding any general or special law, rule or regulation to the contrary, any remaining land of the Dever State School located west of Bay street and generally north and north west of the proposed division line of a Plan on file with the city of Taunton dated 7-18-2000 titled "Proposed Parcel A" of Phase IV of Myles Standish Industrial Park under the care, custody and control of the department of mental retardation shall be transferred to the department of environmental management subject to prior consultation with the commissioner of the department of mental retardation and to the following conditions:

A. Any wells and aquifers located on the property shall be authorized and reserved for use as a municipal water supply through a sale, lease, or transfer of rights upon agreement with the proper state authorities. The department of environmental management may conduct testing and perform studies of the land to determine whether and to what extent a water withdrawal well may be installed without causing significant negative environmental impacts to other environmental resources. If the testing and studies indicate that the water withdrawal can occur without causing significant environmental impacts, the department of environmental management may enter into such agreements, leases or license agreements as it considers appropriate to allow the city of Taunton or others to install and operate a water withdrawal well on the premises, and to construct structures and install and operate equipment related to the operation of any well as will allow the water withdrawn from the premises to be appropriately purified and otherwise treated.

B. The department of environmental management shall enter into an interagency agreement with the department of environmental police for the purpose of securing and maintaining an environmental police headquarters on the property, to consist of not less than 3.5 acres of land which shall include a facility for lodging, and a separate facility for equipment storage.

C. The department of environmental management shall enter into an interagency agreement with the department of mental retardation for the purpose of constructing nature/walking trails and or passive recreation amenities for general public use on the property; provided that all trails constructed shall be constructed in such a manner that would allow the participation of individuals with disabilities to the extent possible in the construction of the amenities and shall be constructed in a manner that will allow equal access to individuals with disabilities.

SECTION 12. Conveyance of these parcels is subject to the condition that any areas used by the department of mental retardation as a cemetery shall be maintained in perpetuity as a cemetery and kept in substantially the same condition as at the time of conveyance.

Approved December 11, 2002.