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  • Acts
  • 2006
  • Chapter 243 AN ACT AUTHORIZING THE DISPOSITION OF EASEMENTS OR OTHER INTERESTS IN LAND IN THE TOWN OF UXBRIDGE.

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, on behalf of and in consultation with the commissioner of conservation and recreation, may, notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws, convey, modify or release interests in certain parcels of land and any improvements located thereon currently under the control of and used by the department of conservation and recreation for conservation and recreation purposes as part of the Blackstone river and Canal Heritage State Park located in the town of Uxbridge, to Deane Redevelopment, grantee, of the city of Boston, its successors and assigns, in order to provide additional, shared parking space for commercial redevelopment of the former Stanley Woolen Company building and land located immediately adjacent to the state park, to provide additional means of vehicular and pedestrian access to and adjacent to the building and to make improvements, including the construction of bridges, that will provide or enhance public access to and use of the building and the state park, subject to the requirements of sections 2 to 9, inclusive, and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the department. The property authorized to be conveyed by this act may not be used to increase building density on adjacent land or to create additional lots. The area to be affected by the conveyances consists of approximately 163,435 square feet, or 3.75 acres, of land, and is a portion of a parcel of land conveyed to the commonwealth by instrument recorded with the Worcester county registry of deeds in Book 9338, Page 44, and shown on a plan of land entitled "Calumet Mill Properties Belonging to the Calumet Woolen Company at Uxbridge, Massachusetts," recorded with the Worcester registry of deeds in Plan Book 10, Plan 11. Modifications to the dimensions of the area to be affected by the conveyance, and any revisions required by the commissioner to determine the exact boundaries in consultation with the department of conservation and recreation, may be made before conveyance to carry out the purposes of this act.

SECTION 2. No document of conveyance given by or on behalf of the commonwealth for the property described in section 1 shall be valid unless such document provides that the property shall be used solely for the purposes described in said section 1. The document of conveyance shall include a reversionary clause which, upon exercise by the division of capital asset management and maintenance on behalf of the commonwealth as evidenced in the appropriate registry of deeds, shall result in termination or release of the rights authorized in this act and return of the unencumbered fee interest in the property to the commonwealth, under the care, custody and control of the department of conservation and recreation, if the property ceases to be used for the express purposes for which it was conveyed.

SECTION 3. The consideration for the conveyance shall be the full and fair market value of the property based upon an independent professional appraisal as determined by the commissioner of the division, the payment of which shall be made to the extent such value exceeds the fair market value of similar rights in land conveyed by the grantee to the commonwealth, as provided in clause (a) of section 5, and which, at the discretion of the commissioner of the division, in consultation with the department, may be paid in installments.

The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review of the methodology used 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 thereof, submit the agreement or amendment and a report thereto 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 before the conveyance authorized by this act and the execution of the memorandum of agreement described in clause (h) of section 5 or any subsequent amendment thereto.

SECTION 4. The grantee shall pay for all costs of the appraisal, survey and deed preparation for the conveyance of the property as deemed necessary by the commissioner of capital asset management and maintenance.

SECTION 5. In addition to the compensation required in section 3, the grantee shall convey other interests in certain land to the commonwealth, to be under the care and control of the department of conservation and recreation, in order to: (a) provide additional, shared public parking space and access rights for the benefit of the state park on an area containing approximately 178,060 square feet, or 4.09 acres, of land and, at the appropriate phase of redevelopment of the mill building complex, to construct such parking and access; (b) at the appropriate phase of redevelopment of the mill building complex, construct and maintain a bridge over the Blackstone canal, mill tail race, to allow vehicular access to the additional parking areas; (c) if the commonwealth has not yet remediated and capped an area of contaminated park land, remediate and cap such area of contaminated land to be used for additional parking; (d) design and construct parking areas and other improvements, including environmental remediation activities, to minimize visual, resource and aesthetic impacts and enhance the historic character of the mill building and adjacent areas; (e) open to park visitor use all common areas and sanitary facilities in the mill building at all hours that retail businesses in the building are open; (f) from the date that at least 30,000 square feet of the mill building are subject to third party leases of 1 year or more, maintain at grantee’s expense any developed or existing parking areas it owns or which are subject to the lease, easement or other document of conveyance authorized by this act; (g) ensure all plans, final design and construction of parking or other improvements facilitate connection of the Blackstone bicycle trail by or through the commonwealth’s and grantee’s property; and (h) abide by and carry out these and other tasks as described in a memorandum of agreement consistent with the provisions of this act between the grantee and the department on file with the department. The grantee shall assume the cost of any title, environmental assessment or remediation, surveys or revisions as required by the commissioner of the division to determine the exact boundaries, in consultation with the department of conservation and recreation, and other expenses reasonably deemed necessary by the commissioner of capital asset management and maintenance for the granting of rights.

SECTION 6. The commissioner of conservation and recreation shall submit the memorandum of agreement referred to in section 5, or any subsequent amendment thereto, and a report thereon, to the commissioner of capital asset management and maintenance and the inspector general for their review and comment. The commissioner of the division and the inspector general shall issue their review and comment within 30 days of receipt of the memorandum of agreement or any amendment thereto. The commissioner of the division shall submit the agreement and any subsequent amendments thereto, the reports, and his comments and the inspector general’s to the house and senate committees on ways and means and to the chairmen of the joint committee on state administration at least 15 days before the conveyance and the execution of the memorandum or any subsequent amendment thereto.

SECTION 7. If, after 5 years from the conveyance of the rights or interests granted pursuant to this act: (a) less than $300,000 has been invested in construction, repair, or rehabilitation of the mill building; (b) less than 10,000 square feet of the building is subject to third party leases of 1 year or more; (c) more than 10 per cent of the gross area of the building is in residential use; (d) more than 60 per cent of the gross floor area of the building has been condemned for demolition or is demolished or destroyed, by casualty or otherwise; (e) substantial construction of any of the work described in clauses (a) through (c), inclusive, of section 5 has not commenced, then, in accordance with the standards, criteria or process described in the memorandum of agreement referred to in said section 5, and the reversionary clause provisions under in section 9, the property rights authorized by this act are subject to lapse and may be terminated by the department at its option, in which case the commonwealth, acting through the division of capital asset management and maintenance, in consultation with the department, may release the rights in land acquired from the grantee in consideration for those granted by the commonwealth under this act, without further legislative authority, and the commonwealth and the grantee, its successors and assigns, shall execute and deliver any documents necessary to confirm or effect such lapse, termination and release of property rights.

SECTION 8. Any compensation received by the commonwealth in connection with the conveyance authorized by this act or the memorandum of agreement described in section 5 shall be deposited in the Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws and may be used only for the benefit of facilities and programs in the Blackstone river and Canal Heritage State Park. If any such compensation received by the commonwealth in connection with the rights conveyed in accordance with this act and deposited in the Conservation Trust is used for any other purpose, or at any other location, other than for the benefit of the Blackstone river and Canal Heritage State Park, the full amount of that compensation shall be withdrawn from the Conservation Trust and shall be deposited in the General Fund.

SECTION 9. If the property described in section 1 ceases to be used at any time for the purpose described in said section 1, or is used for any purpose other than the purpose stated in this act, or if the grantee fails to comply with the terms set forth in this act, the property, upon notice of the commissioner of capital asset management and maintenance, in consultation with the department, shall revert to the commonwealth under the care and control of the department of conservation and recreation. Any sub-lease or third party lease granted by the grantee, described in said section 1 and in existence under clause (b) of section 7 at the time of the reversion of the property, shall remain in effect for a period of not more than 5 years after the effective date of the reversion of the property, notwithstanding the terms of any such sub-lease or third party lease by the grantee on the property. Any further disposition of the property shall be subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and shall require the prior approval of the general court.

Approved August 9, 2006.