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  • Acts
  • 2004
  • Chapter 340 AN ACT DIRECTING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO PLACE A CONSERVATION RESTRICTION ON AND TRANSFER A CERTAIN PARCEL OF LAND TO THE KUZEJA REAL ESTATE TRUST.

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 the division of capital asset management and maintenance may, subject to sections 40F 1/2 and 40J of chapter 7 of the General Laws, convey by deed a certain parcel of land located in the city of Holyoke to the following parties: Anna K. Block, Mildred M. Dube, Bertha K. Fournier, Edward Kuzeja, John Kuzeja and Doris E. Kuzeja, trustees of Kuzeja Real Estate Trust. The parcel, being a portion of the n/f "Bassett Road" a 1798 county layout between the City of Holyoke City Line to a point in Bassett Road opposite the northwesterly corner of a parcel of land belonging now or formerly of Evadin C. O'Connor & Evadine K. Lennon, as is shown on a plan entitled "Plan of Land in Easthampton, Hampshire County, Southampton, Hampshire County and Holyoke, Hampden County Massachusetts" prepared for the heirs of Anna J. Kuzeja, dated February 4, 1999 and revised March 22, 1999, prepared by Almer Huntley Jr., & Associates Inc., Northampton, MA and recorded in the Hampshire county registry of deeds in Plan Book 185, Page 87 and the Hampden county registry of deeds in Plan Book 312, Page 3.

The parcel shall be used for conservation purposes to enhance and connect adjacent property or properties under the ownership of the Kuzeja Real Estate Trust, which also contains conservation restrictions thereon, and a conservation restriction, shall be placed upon all land conveyed by this act pursuant to section 31 of chapter 184 of the General Laws. The exact boundaries of the parcel shall be determined by the commissioner after completion of a survey.

SECTION 2. The consideration for the conveyance of the parcel described in section 1 shall be the full and fair market value of the land based upon 1 or more professional appraisals commissioned by the commissioner of capital asset management and maintenance, taking into consideration and account the land use restrictions described in section 1. The commissioner shall, 30 days prior to the conveyance described in said section 1, 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 and file the report with the commissioner for submission 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 conveyance.

SECTION 3. The grantees shall be responsible for all costs associated with any appraisal or appraisals, survey or other expense incurred by the commonwealth relative to the conveyance authorized by section 1.

SECTION 4. If the parcel described in section 1, or any portion thereof, ceases to be used at any time for the purpose and use required by this act, upon notice by the commissioner of capital asset management and maintenance, the parcel shall revert to the commonwealth upon such terms and conditions as the commissioner may determine.

Approved September 3, 2004.