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  • Acts
  • 2006
  • Chapter 238 AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN PARCELS OF LAND IN THE COMMONWEALTH.

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 shall, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law, rule or regulation to the contrary, and in consultation with the commissioner of the department of conservation and recreation, convey a certain parcel of state-owned land in the town of Winthrop to Forty-Five Grovers Avenue LLC. Said parcel shall be kept in an open, natural, and vegetated condition, free from paving and structures. Such conveyance shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation. The parcel of land, currently under the care and control of the department of conservation and recreation, directly abuts property on Forty-Five Grovers Avenue, as shown on book 7979, page 93, located in the Suffolk county registry of deeds, and as parcel number 063-070 on a plan of land located in the Winthrop tax assessors. The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of the department of conservation and recreation after completion of a survey.

SECTION 2. In consideration for the conveyance authorized by Section 1, Forty-Five Grovers Avenue LLC, shall pay to the commonwealth the full and fair market value of the property, as determined by an independent professional appraisal ordered by the commissioner of the division of capital asset management and maintenance. The appraisal shall be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of the division.

The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review of the methodology used in the appraisal and shall 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 bonding, capital expenditures and state assets. 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 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 thereof, the reports and the comments of the inspector general, 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 execution.

SECTION 3. No deed conveying the parcel of land from the commonwealth to Forty-Five Grovers Avenue LLC shall be valid unless it contains a provision prohibiting Forty-Five Grovers Avenue LLC from constructing or otherwise building any residential, commercial or other structure on the property and unless the deed provides that the property shall be kept in an open, natural, and vegetated condition, free from paving and structures. The deed shall include a reversionary clause providing that the property shall revert to the commonwealth, and to the care and control of the department of conservation and recreation, if the property ceases to be used for the express purpose for which it was conveyed.

SECTION 4. Forty-Five Grovers Avenue LLC shall bear all costs considered necessary or appropriate by the commissioner of the division of capital asset management and maintenance for the conveyance, including without limitation, all costs for appraisals, legal work, survey, title and the preparation of plans and specifications or other expenses incurred by the commonwealth to effectuate the conveyance authorized by section 1.

SECTION 5. All proceeds from the sale of this property shall be deposited in the Division of Urban Parks Trust Fund, established by section 34 of chapter 92 of the General Laws.

SECTION 6. The inspector general shall review and approve any deed or other document transferring an interest in property authorized by section 1 prior to its execution.

SECTION 7. The commissioner of capital asset management and maintenance may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law, rule or regulation to the contrary, in consultation with the commissioner of the department of conservation and recreation, transfer the care, custody, management and control of so much of the property known as the Pawtucket Boulevard Node as contains the Bellegarde Boathouse, together with the land and appurtenances associated therewith, located on a certain portion of state-owned public park land in the city of Lowell, to the trustees of the University of Massachusetts for nominal consideration, for use by the trustees as a boathouse and public park land. This property is shown on a deed dated September 27, 1977, and recorded in the Middlesex North registry of deeds at book 2269, page 359. The exact boundaries of the land shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, after completion of a survey. This transfer shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation and shall require appropriate public access to the public park land and boathouse facility and stewardship by the trustees according to the department of conservation and recreation and federal National Park Service policy for such facilities and park land.

SECTION 8. The trustees of the University of Massachusetts shall bear all costs considered necessary or appropriate by the commissioner of the division of capital asset management and maintenance for the transaction, including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

SECTION 9. If the property ceases to be used at any time for the purposes described in section 7, is used for any purpose other than the purpose stated in section 7 or in any way fails to comply with the department of conservation and recreation and federal National Park Service policy for such facilities and park land, the care, custody, control and management of the property, upon notice by the commissioner of the division of capital asset management and maintenance, shall revert to the department of conservation and recreation. Any document so transferring the property shall include a reversionary clause that provides that the care, custody, control and management of the property shall revert to the department of conservation and recreation if the property ceases to be used for the express purpose for which it was transferred.

Approved August 9, 2006.