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Session Law

2004

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Chapter 335 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE FOXBOROUGH HOUSING AUTHORITY.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize a conveyance of land from the commissioner of capital asset management and maintenance to the Foxborough Housing Authority, 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 may, notwithstanding section 40E to section 40J, inclusive, of chapter 7 of the General Laws and any other general or special law or rule or regulation to the contrary, convey by deed a certain parcel of property of commonwealth land, including the improvements thereon, located in the town of Foxborough, generally shown as Lot 2 on a plan "Approval Not Required Subdivision Plan Prepared For Foxborough State Hospital, Foxborough, Massachusetts", dated December 10, 1998, prepared by Rizzo Associates, Inc, and recorded with the Norfolk registry of deeds in Plan No. 256 in book 465, to the Foxborough Housing Authority for affordable housing purposes. The use of the parcel shall be restricted to the development of affordable housing.

The parcel shall be conveyed by release deed in its existing condition without warranties or representations by the commonwealth.

SECTION 2. The consideration for the conveyance authorized by this act shall be the full and fair market value of the property and buildings thereon as restricted to the development of affordable housing, based upon an independent professional appraisal as determined by the commissioner of the division.

The inspector general shall review and approve the appraisal and prepare a report of his 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 of the division for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. The commissioner shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereto, 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 thereto, the reports, and the comments of the inspector general, 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 execution.

SECTION 3. The Foxborough Housing Authority shall pay for all expenses associated with any land survey, appraisal, title examinations, recording fees and any other expenses relating to the conveyance of the parcel, and shall be responsible for all costs, liabilities and expenses of any nature and kind of its ownership. The Foxborough Housing Authority shall acquire the property and buildings thereon in their present condition without warranty.

Approved September 3, 2004.

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