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  • Acts
  • 2002
  • Chapter 418 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF ASHFIELD.

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 may convey, subject to 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 located in the town of Ashfield used for highway purposes to Bruce and Maria Willard to be used for the construction of a septic system, and subject to such additional terms and conditions as the commissioner may prescribe. No deed shall be valid unless the deed provides that the parcel shall only be used for the purpose of installing a septic system. In addition the deed shall also reserve an easement in favor of the commonwealth to use the land for highway purposes and shall prohibit the erection of any above ground structures on the parcel.

The parcel is shown as "Proposed Easement area" on a "Plan of Proposed Easement in Ashfield, Massachusetts prepared for Bruce Willard, by Almer Huntley, Jr. & Associates, Inc. dated September 24, 2001, bounded and described as follows:

BEGINNING at a point in the northerly line of land now or formerly of Bruce E. Willard and Marcia L. Willard, which point is 334.71 northeasterly of a granite bound at the northwesterly corner of the land of said Willards and 206.52 feet southerly of the centerline of the layout of Massachusetts Route 112, thence

North 38<= 26' 52" West a distance of 66.00 feet to a point, thence turning and running

North 51<= 33' 08" East a distance of 115.00 feet to a point, thence turning and running

South 38<= 26' 52" East a distance of 66.00 feet to a point, thence turning and running

South 51<= 33' 08" West a distance of 115.00 feet along the other land now or formerly of Bruce R. Willard and Marcia L. Willard, to the point of beginning.

SECTION 2. The conveyance of the parcel described in section 1 shall be for the full and fair market value of the land based upon 1 or more professional appraisals commissioned by the commissioner of the division of capital asset management and maintenance. The commissioner shall prior to the conveyance authorized by this act submit the appraisal or appraisals, and a report thereon to the inspector general. The inspector general shall review and approve the appraisal or appraisals, and the review and approval shall include an examination of the methodology utilized for the appraisal or appraisals. The inspector general shall prepare a report of his review and approval of the appraisal or appraisals and file the report with the commissioner. The commissioner shall prior to the execution of the conveyance file copies with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration.

All money paid to the commonwealth for the conveyance authorized by said section 1 shall be deposited in the General Fund of the commonwealth.

SECTION 3. The recipient of the parcel described in section 1 shall assume the cost of any appraisal or appraisals, surveys and any other expenses incurred by the commonwealth relating to the conveyance as deemed necessary by the commissioner of capital asset management and maintenance.

Approved December 24, 2002.