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 may, notwithstanding sections 40E to 40G, inclusive, and section 40I of chapter 7 of the General Laws, sell and convey by deed a certain parcel of land known and numbered as 509 Summit Hill road in the town of Washington, together with any buildings and structures located thereon, in this act called the parcel, subject to the requirements of this act. The exact boundaries of the parcel shall be determined by the commissioner after completion of a survey.
The parcel was the subject of the last will and testament of Harry C. Shaw, late of the town of Washington, which last will and testament dated January 18, 1956, together with the first codicil dated March 7, 1960 and the second codicil dated June 29, 1962 thereto in this act called collectively the will, is filed with the Berkshire division of the probate and family court department as case number 7600. The will devised the parcel to Berkshire community college, after the expiration of a life tenancy, “to be converted into cash and then held as a fund, the income from which shall be used for scholarship or scholarships of worthy students of the College as may be determined by those members of the College faculty whose duty it is to allot scholarships. The name of the fund shall be the Harry C. Shaw Fund”. The life tenancy ended in 1996. Pursuant to chapter 40E of chapter 7 of the General Laws, title to the parcel is held by the commonwealth.
SECTION 2. The sale price paid by the grantee for the parcel shall be not less than the fair market value of the parcel as determined by the commissioner based on an independent appraisal made by a qualified, disinterested appraiser.
SECTION 3. The grantee of the parcel shall be responsible for the costs of any appraisals; surveys, including without limitation the costs of preparing a recordable plan and the costs of recording that plan with the appropriate registry of deeds or filing that plan with the appropriate registry district of the land court; and other expenses relating to the transfer of the parcel considered necessary by the commissioner for the conveyance of the parcel to the grantee.
SECTION 4. In recognition of the purpose for which Harry C. Shaw bequeathed the parcel, the net proceeds from the sale of the parcel shall not be deposited into the General Fund but shall be transferred to Berkshire community college to be used for the purposes specified in the will.
Approved August 9, 2006.