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  • Acts
  • 2004
  • Chapter 285 AN ACT DIRECTING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN PARCELS OF LAND IN THE TOWNS OF HOPKINTON AND WESTBOROUGH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to direct the division of capital asset management and maintenance to convey certain parcels of land to the towns of Hopkinton and Westborough, 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. Notwithstanding section 40H of chapter 7 of the General Laws to the contrary, the commissioner of capital asset management and maintenance may convey, in consultation with the commissioner of the department of conservation and recreation, to Westborough Hopkinton Street Trust, in this act known as the trust, 2 parcels of state-owned land in the towns of Hopkinton and Westborough and described as follows:-

a certain parcel of land containing 3.67 acres, more or less, located off of Wood street (Route 135) in the town of Hopkinton, which consists of a portion of the land described in a Order of Taking by the Metropolitan Water Supply Board, recorded January 1, 1898, in the Middlesex south district registry of deeds at book 2635, page 1; and

a certain parcel of land containing 2.83 acres, more or less, located off Hopkinton road (Route 135) in the town of Westborough, which consists of a portion of the land described in a Order of Taking by the Metropolitan Water Supply Board, recorded January 1, 1898, in the Worcester district registry of deeds at book 1568, page 3.

These parcels of land are also shown on a plan of land recorded in the Middlesex south district registry of deed at plan book 4, plan 13, sheet 3 and are presently under the care and control of the department of conservation and recreation for conservation and recreational purposes. The parcels of land are shown on a recordable plan of land entitled "Plan of DCR Land for Exchange with the Westborough Hopkinton Street Trust", dated July 1, 2003, and prepared by Guerard Survey & Associates, Inc. at the expense of the trust. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department of conservation and recreation after completion of a survey.

The 3.67 acre parcel conveyance shall be subject to the establishment of a permanent environmental buffer zone, located and approved by the department of conservation and recreation, by the trust subject to such reasonable terms and conditions as the commissioner of department of conservation and recreation may recommend to the commissioner of capital asset management and maintenance.

The conveyance of any state-owned land shall be subject to annual groundwater and surface water testing within the parcels for a period of time as determined necessary by the department of environmental protection. The department of environmental protection shall make the results of the annual groundwater and surface water testing available to the board of health of the town of Hopkinton or the town of Westborough upon request.

SECTION 2. As consideration for the conveyance of the parcels of land described in section 1, the commissioner of capital asset management and maintenance, on behalf of the department of conservation and recreation, shall receive title to the following parcels of land to be held as conservation land and described as follows:-

Parcel 1 containing 3 acres of land, more or less, located in the town of Westborough, and recorded with the Worcester registry of deeds at book 22343 page 350; and

Parcel 2 containing 18 acres of land, more or less, located in the town of Westborough, and now or formerly recorded with the Worcester registry of deeds at book 5543, page 230.

As further consideration for the conveyance of the parcels of land described in section 1, said commissioner shall receive a conservation restriction on the following parcels of land:-

Parcel A containing 3.07 acres of land, more or less, located in the town of Westborough, which consists of a portion of the land recorded with the Worcester registry of deeds at book 12523, page 190; and

Parcel B containing 8.30 acres of land, more or less, located in the town of Hopkinton, and consists of a portion of the land recorded with the Middlesex South registry of deeds at book 27881, page 219 and shown on a plan of land recorded at plan book 4, plan 13, sheet 3.

The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance, if required, in consultation with the department of conservation and recreation after completion of a survey.

Said commissioner shall also receive as additional consideration, including, but not limited to, additional interests in such land which have been established and approved by said commissioner to be the difference between the full and fair market value of the parcels of land described in section 1 minus the full and fair market value of the parcels described herein. Notwithstanding any general or special law to the contrary, should the appraised value of parcels described in section 2 be determined to be greater than the appraised value of the parcels described in section 1 the commonwealth shall not be obligated to pay the difference as additional consideration to the trust. The full and fair market value of the parcels described in section 1 and the full and fair market value of the parcels received by commonwealth shall be as determined by an independent appraisal prepared in accordance with the usual and customary professional appraisal practice by a qualified appraiser commissioned by said commissioner.

Said commissioner shall submit said appraisal or appraisals to the inspector general for his review and comment. Said inspector general shall review and approve said appraisal or appraisals, and said review shall include an examination of the methodology utilized for said appraisal or appraisals. Said inspector general shall prepare a report of his review and file said report with said 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 appraisals, 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 at least 15 days prior to the execution of said conveyance.

SECTION 3. The trust shall be responsible for all costs associated with any appraisal, survey, deed preparation and plan preparation, or other expenses incurred by the commonwealth relating to the conveyance authorized by section 1 which the commissioner of capital asset management and maintenance deems necessary and appropriate.

SECTION 4. The department of conservation and recreation, the trust, and the towns of Hopkinton and Westborough shall enter into a management and use agreement, which agreement shall, without limitation, specify requirements for annual monitoring, field visits and inspections for environmental impact upon the properties and the area designated by the department of conservation and recreation as an area of critical environmental concern. The management and use agreement shall require an annual report of all field visits, inspections and violations of state and local laws, if any, and recommendations to mitigate such findings and the report shall be filed with the chairmen of the joint committee on state administration and the joint committee on natural resources.

SECTION 5. The conveyances authorized by this act shall in no way interfere with the rights of the commonwealth to enter upon, use, repair, maintain or care for state-owned lands under the care and control of the department of conservation and recreation or any other state agency, nor shall commonwealth or its officers, agents or staff in any event be held liable or responsible for any damage or inconvenience caused thereby.

SECTION 6. Notwithstanding any general or special law to the contrary, the trust shall agree to hold the commonwealth, its agents and staff harmless and indemnified against all claims and demands for injuries or damages to persons, or property arising out of the conveyances authorized by this act.

SECTION 7. At the option of the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, any additional consideration to be paid by the trust may be provided by in-kind contribution, so-called, as may be set forth in a license or management and use agreement between the trust and the department of conservation and recreation. Any monetary consideration paid to the commonwealth for the conveyances authorized by this act shall be deposited into the General Fund.

Approved August 9, 2004.