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  • Acts
  • 2005
  • Chapter 156 AN ACT PROVIDING FOR THE DISPOSITION OF CERTAIN PROPERTY IN THE TOWN OF UPTON.

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, in consultation with the department of conservation and recreation, shall, notwithstanding sections 40H and 40I of chapter 7 of the General Laws, convey by deed 2 parcels of land off of Maple Avenue in the town of Upton, presently under the care, custody and control of the department, to the Upton Development Group, Ltd., acting by and through Upton Fuels and Construction, Inc., in this act collectively called the recipient. The parcels are shown on a plan of land entitled "Plan of Land in Upton, Ma, owners Upton Fuels and Construction", dated December 29, 2003, prepared by Blackstone Valley Survey and Engineering Inc. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department after completion of a survey, if required.

SECTION 2. In consideration of the conveyance provided for in section 1, the division of capital asset management and maintenance shall receive from the recipient, conveyance of 3 parcels of land to be placed under the care, custody and control of the department of conservation and recreation, to be used for conservation purposes. The parcels are shown on plans of land recorded in Plan Books at the Worcester registry of deeds with reference as follows:

Book 755, Plan 26; Book 705, Plan 14; Book 505, Plan 107; Book 720, Plan 109; Book 334, Plan 117; and Book 817, Plan 34.

SECTION 3. In further consideration of the conveyance provided for in section 1, the recipient shall donate $25,000 to the department of conservation and recreation, as compensation and restitution for the trespass, encroachment and contamination related to the past disposal of solid and hazardous waste materials on the state parcels.

The compensation and restitution shall be paid no later than 1 year after the date of the issuance of the first building permit for construction at the subject site and shall be deposited in the Conservation Trust, established pursuant to chapter 132A, section 1 of the General Laws. The conveyance and payment of additional compensation shall satisfy the obligations of the Upton Fuels and Construction, Inc., and their stockholders to the commonwealth for the past activities identified above.

SECTION 4. The commonwealth shall also receive, as additional consideration, payment for the differences between the full and fair market value of the parcels conveyed in section 1 and the full and fair market value of the parcels described in section 2. There shall be an independent appraisal, or appraisals, of the parcels described in section 1 and section 2 to be conveyed by this act to determine their market values, or the values in use as proposed, based upon one or more professional appraisals as commissioned by the commissioner of the division of capital asset management and maintenance. If the parcels described in section 2 are determined to be of greater value than the parcels to be conveyed by the commonwealth, the commonwealth shall not be obliged to pay such difference. The full and fair market value of all parcels shall be as determined by an independent appraisal, prepared in accordance with the usual and customary professional appraisal practices, by a qualified appraiser commissioned and instructed by the commissioner to appraise the state parcels described in section 1 as if free of contamination and without the benefit of any permits, approvals or authorizations obtained by the recipient.

The commissioner shall submit the appraisal or appraisals to the inspector general for review and comment. The inspector general shall review and approve the appraisal or appraisals. The review shall include an examination of the methodology used for the appraisal or appraisals. The inspector general shall prepare a report and file it with the commissioner for submission by the commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets. The commissioner shall submit copies of the appraisal and the inspector general's review, approval and comments, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before the execution of the conveyance.

SECTION 5. The recipient shall be responsible for all costs associated with any appraisal, deed and plan preparation or other expenses incurred by the commonwealth related to the conveyances authorized by sections 1 and 2 which the division of conservation and recreation considers necessary and appropriate.

SECTION 6. The conveyance 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 department of conservation and recreation, or any other state agency, nor shall the commonwealth or its officers, agents or staff, in any event, be held liable or responsible for any damage or inconvenience caused thereby.

SECTION 7. Notwithstanding any general or special law to the contrary, the recipient 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 8. At the option of the department of conservation and recreation, in consultation with the commissioner, any additional consideration to be paid by the recipient may be provided by in-kind contribution as may be set forth in a license or management use agreement between the recipient and the department. Any monetary consideration paid to the commonwealth for the conveyances authorized by this act, other than the $25,000 to the department for deposit in the Conservation Trust, shall be deposited into the General Fund.

Approved November 22, 2005.