AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO TRANSFER CERTAIN LAND IN THE CITY OF MARLBOROUGH TO JAMES FARINA.
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 division of capital asset management and maintenance, notwithstanding sections 40E to 40H, inclusive, of chapter 7 of the General Laws, may convey by deed approved as to form by the attorney general, to James Farina a certain parcel of commonwealth land presently under the care and control of the department of conservation and recreation and acquired for watershed purposes, most recently used by the registry of motor vehicles in the city of Marlborough and consisting of approximately 0.95 of an acre. This parcel is shown on a plan entitled “Commonwealth of Massachusetts, Metropolitan District Commission, Water Division, Plan of Land in Marlborough, MA Scale 1 inch = 40 feet, May 24, 1928”. The parcel is subject to a utility easement granted to the city of Marlborough and recorded in the Middlesex south registry of deeds, in the county of Middlesex at book 1287, page 69, plan #297 of 1975. This plan is also on file with the city of Marlborough.
SECTION 2. The purchaser of the parcel conveyed pursuant to section 1 shall pay the full and fair market value of the land and building, based upon an independent professional appraisal as determined by the commissioner of the division. The inspector general shall review and approve the appraisal or appraisals and the review and appraisal shall include an examination of the methodology used for the appraisal or appraisals. The inspector general shall prepare a report of his review and approval of the appraisal or appraisals, sale agreement or amendments and file his report with the commissioner. Copies of the report shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days prior to the execution. The proceeds of the sale authorized by this act shall be deposited in the Water Supply Protection Trust, established by section 73 of chapter 10 of the General Laws. The proceeds shall be used for future acquisition of water supply protection lands.
SECTION 3. The purchaser shall be responsible for all costs associated with the conveyance authorized by this act, including, but not limited to, any appraisal, survey, recording or legal costs, and any other expenses incurred by the commonwealth in connection with the conveyance.
SECTION 4. The conveyance described in section 1 shall only be authorized if James Farina and his agents, tenants or contractors agree to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or property arising out of, or in any way relating to, the conveyance authorized by this act, and to indemnify and defend the commonwealth and its agents and employees from and against any and all such claims, actions, damages or costs.
Approved August 9, 2006.