Chapter 190

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF WORCESTER.

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. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, upon the transfer of parcels of state-owned land pursuant to section 4, the commissioner of capital asset management and maintenance may convey a certain parcel of state-owned land identified as Parcel B in section 2 of chapter 317 of the acts of 1983 to the Worcester Business Development Corporation established in chapter 600 of the acts of 1965. A conveyance may provide for the granting of easements to the Worcester Business Development Corporation rights of way over certain roadways on adjoining land retained by the commonwealth, and may provide for easements granting the commonwealth rights of way over roadways to be constructed upon Parcel B by the Worcester Business Development Corporation. The conveyance of Parcel B shall be subject to such terms and conditions as the commissioner may prescribe which shall, at a minimum, include the requirements of clauses (a), (c), (d), (e) and (f) of section 4 of said chapter 31. The exact boundaries of Parcel B shall be determined by the commissioner, in consultation with the department of agricultural resources, after the completion of a survey. The consideration for the conveyance shall be the full and fair market value or its value in use as proposed, whichever is greater, of said Parcel B as determined by the commissioner pursuant to an independent professional appraisal. Parcel B shall be sold in its existing condition without any warranty, express or implied, by the commonwealth.

SECTION 2. Notwithstanding chapter 317 of the acts of 1983 and section 4 of chapter 329 of the acts of 1994, Parcel B shall be used only for medical or technologically-related purposes including, but not limited to, medical optics, pharmaceutical research and production, biotechnology or bioengineering and support services, which may include, but not be limited to, day care and fitness facilities, which enhance the economic development of the adjacent research and development park.

SECTION 3. Notwithstanding any general or special law to the contrary, but subject to chapter 600 of the acts of 1965, the Worcester Business Development Corporation may convey Parcel B, or any portion thereof, but shall restrict the use thereof to medical or technologically-related purposes including, but not limited to, medical optics, pharmaceutical research and production, biotechnology or bioengineering and support services, which may include, but not be limited to, day care and fitness facilities, which enhance the economic development of the adjacent research and development park. Notwithstanding the foregoing, the Worcester Business Development Corporation may convey Parcel B, or any portion thereof, to the owners of the abutting research and development park for purposes of drainage facilities or snow removal.

SECTION 4. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary and in further consideration for the conveyance authorized in section 1, the commissioner of capital asset management and maintenance shall, subject to such terms and conditions as he may prescribe, transfer to the department of agricultural resources to be used for agricultural purposes, the following parcels of land: (i) a certain parcel of state-owned land located in the town of Agawam containing approximately 40 acres and a portion of a tract of land containing approximately 49.2 acres and more particularly described in a deed recorded in book 915, page 453, in the Hampden district registry of deeds and located westerly of South Westfield street, easterly of Pine street, and bounded on the east by the criminal justice training center parking area, on the north by property now or formerly owned by Thomas Burke, and on the south by property now or formerly of W. Halliday. The exact boundaries of the parcel shall be determined by the commissioner, in consultation with the department of agricultural resources, after completion of a survey; and (ii) certain parcels of state-owned land located in the towns of Lakeville and Middleborough, and described on the Lakeville Assessors Map 62-1, as parcel 17; Map 62-3, as parcel 38, and Map 63-2, as parcel 2 located on the southerly side of Bridge street, southeasterly off of state highway route 105; and on the Middleborough Assessors Map 64, as parcel 126 located on the southeasterly side off of South Main street. The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance, in consultation with the department of mental health, after completion of a survey.

SECTION 5. The Worcester Business Development Corporation shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the transfers and conveyances authorized in this act as those costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 6. The inspector general shall review and approve the appraisal required pursuant to section 1. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner shall, 30 days before the execution of a transfer or conveyance authorized by this act, or any subsequent amendment thereto, submit the proposed transfer, conveyance 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 after receipt of the proposed transfer, conveyance or amendment. The commissioner shall then submit the proposed transfer, conveyance or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution.

Approved November 27, 2007.