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  • Acts
  • 2004
  • Chapter 68 AN ACT AUTHORIZING THE COMMISSIONER OF THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THAYER ACADEMY IN THE TOWN OF BRAINTREE.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain parcels of land, 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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance, in this act called the commissioner, may convey to Thayer Academy a certain parcel of land described in section 2, together with all buildings and structures located thereon, for recreational purposes.

SECTION 2. The parcel to be conveyed by this act is shown as parcel 14 on the town of Braintree Assessor's Map 1050 and is identified in Area A in a plan prepared by Daylor Consulting Group, Inc., described as "Plan for Senate Bill 2067 Parcels/Easements to be Conveyed, Braintree, MA" and dated September 17, 2003. The conveyance shall be subject to a retained permanent easement for the benefit of the department of highways, in an area identified as Area B on said plan, for purposes associated with the maintenance, repair, reconstruction or replacement of the bridge structure adjacent thereto. The commissioner shall establish the exact boundaries of the parcel based upon a survey to be performed before the conveyance. The full and fair market value of the parcel, as burdened by the retained easement, for the uses authorized by this act shall be based upon an independent professional appraisal as determined by the commissioner.

SECTION 3. In consideration of this conveyance, Thayer Academy shall convey a permanent easement to the commonwealth, for the benefit of the department of highways, in an area identified as Area D on the plan referenced in section 2, for purposes of access necessary for the maintenance, repair, reconstruction or replacement of the bridge structure adjacent to Area B. The commissioner shall establish the exact boundaries of Area D based upon a survey to be performed before such conveyance. The full and fair market value of the easement to be conveyed under this section for the uses authorized by this act shall be based upon an independent professional appraisal as determined by the commissioner. The consideration to be paid by Thayer Academy shall equal the full and fair market value of the parcel to be conveyed under section 2, reduced by the full and fair market value of the easement to be conveyed under this section.

The inspector general shall review and approve both appraisals and prepare a report of his review of the methodology used for the appraisals. Said 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 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 thereof, submit the agreement or amendment and a report thereon to said 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 said 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 before execution.

SECTION 4. Thayer Academy shall be responsible for the cost of any survey, appraisal and any other expenses relating to the conveyances authorized by this act and shall be responsible for its ownership including, without limitation, all costs, liabilities and expenses of any nature and kind, as may be determined by the commissioner.

SECTION 5. The deed, or other instrument, conveying the parcel described in section 2 to Thayer Academy shall, without limitation, provide that if the parcel ceases to be used for the purposes set forth in section 1, the parcel shall, after notification by the commissioner, revert to the commonwealth.

Approved April 8, 2004.